Florida Statutes

Fla. Stat. § 322.39 (2025)

Penalties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

322.39 Penalties.—

(1) It is a misdemeanor for any person to violate any of the provisions of this chapter, unless such violation is declared to be otherwise by this chapter or other law of this state.

(2) Unless another penalty is provided in this chapter or by the laws of this state, a person convicted of a misdemeanor for the violation of a provision of this chapter is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 51, ch. 19551, 1939; CGL 1940 Supp. 8135(56); s. 51, ch. 20451, 1941; s. 216, ch. 71-136; s. 19, ch. 84-359.

Arrestable Offenses under F.S. 322.39

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§322.39MOVING TRAFFIC VIOLVIOLATE DRIVERS LICENSE LAWM · 2nd

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1985–2025 · leading case: State of Florida v. Daryl Miller, 227 So. 3d 562 (Fla. 2017).

Sort: Relevance Newest Treatment

State of Florida v. Daryl Miller, 227 So. 3d 562 (Fla. 2017). · cites it 4× “See § 322.39, Fla. Stat. (2017). The Legislature has not articulated enhanced penalties for individuals who accumulate multiple violations of section 322.”

Paul Stephens v. Nick Degiovanni, individually, 852 F.3d 1298 (11th Cir. 2017). “03 (1), driving without a valid driver's license, is a second-degree misdemeanor, Fla. Stat. § 322.39 , punishable by *1321 up to 60 days in jail, Fla.”

Crain v. State, 79 So. 3d 118 (Fla. 1st DCA 2012). · cites it 4× “See § 322.39, Fla. Stat. (2009). "Driver's license" is defined as "a certificate that, subject to all other requirements of law, authorizes an individual to drive a motor vehicle and denotes an operator's license as defined in 49 U.”

State v. Miller, 193 So. 3d 1001 (Fla. 3d DCA 2016). · cites it 2× “(2014) (providing “[e]xcept as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in' this state unless such person has a valid driver license”); § 322.39(1), Fla. Stat. (2014) (providing “[i]t is a misdemeanor for any person to violate…”

Rankin v. Colman, 476 So. 2d 234 (Fla. 5th DCA 1985). · cites it 2× “Fla. Stat. § 322.39 (1979). [2] Appellant says in her brief that she informed the arresting officer that she did have a valid driver's license and that if given the opportunity to produce it, she would do so.”

Fripp v. State, 766 So. 2d 252 (Fla. 4th DCA 2000). · cites it 2× “See § 322.39, Fla. Stat. (1999). A law enforcement officer may arrest a person without a warrant when the person has committed a misdemeanor "in the presence of the officer.”

John Eugene Williams, III v. State of Florida, 244 So. 3d 356 (Fla. 1st DCA 2018). · cites it 2× “Sections 322.031 and 322.04 set forth exceptions to the Florida driver’s license requirement, which include nonresidents who possess a valid driver’s license issued by their home state.”

Roedel v. State, 773 So. 2d 1280 (Fla. 5th DCA 2000). · cites it 2× “See § 322.39, Fla. Stat. Section 322.34(2) provides: Any person whose driver’s license or driving privilege has been canceled, suspended or revoked as provided by law, except persons defined in section 322.”

United States v. Gardner, 444 F. App'x 361 (11th Cir. 2011). “03 (1); Fla. Stat. § 322.39 . A “highway” is “the entire width between the boundary lines of a way or place if any part of that way or place is open to public use for purposes of vehicular traffic.”

State v. Jones, 899 So. 2d 1280 (Fla. 4th DCA 2005). · cites it 2× “§ 322.39, Fla. Stat. (2003). Under section 316.”

State of Florida v. Powell (Fla. 1st DCA 2025). · cites it 2× “To be sure, Powell’s “unusual” and “suspicious” posture first caught the trooper’s attention, prompting a deeper probe based on those observations.”

— 322.39(1) — 2 cases

State v. Miller, 193 So. 3d 1001 (Fla. 3d DCA 2016). “(2014) (providing “[e]xcept as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in' this state unless such person has a valid driver license”); § 322.39(1), Fla. Stat. (2014) (providing “[i]t is a misdemeanor for any person to violate…”

John Eugene Williams, III v. State of Florida, 244 So. 3d 356 (Fla. 1st DCA 2018). “Sections 322.031 and 322.04 set forth exceptions to the Florida driver’s license requirement, which include nonresidents who possess a valid driver’s license issued by their home state.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.