Florida Statute 322.39 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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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.

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Amendments to 322.39

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 322.39

Level: Degree
Misdemeanor/Felony: First/Second/Third

S322.39 - MOVING TRAFFIC VIOL - VIOLATE DRIVERS LICENSE LAW - M: S

Cases Citing Statute 322.39

Total Results: 10 | Sort by: Relevance | Newest First

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Paul Stephens v. Nick Degiovanni, individually, 852 F.3d 1298 (11th Cir. 2017).

Cited 155 times | Published | Court of Appeals for the Eleventh Circuit | 2017 U.S. App. LEXIS 5548, 2017 WL 1174381

...[t]he person has committed a felony or misdemeanor . . . in the presence of an officer.’).” Durruthy, 351 F.3d at 1093 (second alteration and ellipses in original). Violating Fla. Stat. § 322.03(1), driving without a valid driver’s license, is a second-degree misdemeanor, Fla. Stat. § 322.39, punishable by up to 60 days in jail, Fla....

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Rankin v. Colman, 476 So. 2d 234 (Fla. 5th DCA 1985).

Cited 11 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 2056

...Section 322.15(2) provides that a licensee shall not be convicted of violating this section if he produces his license in court or to the clerk of the court prior to or at the time of his hearing. Failure to produce a valid license is a second degree misdemeanor. Fla. Stat. § 322.39 (1979)....

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Fripp v. State, 766 So. 2d 252 (Fla. 4th DCA 2000).

Cited 8 times | Published | Florida 4th District Court of Appeal | 2000 WL 140371

...State, 568 So.2d 976 (Fla. 4th DCA 1990). Addressing the merits, we reject Fripp's contention that the officer did not have the authority to arrest him on the driver's license charge. A violation of section 322.03(1) is a second degree misdemeanor. See § 322.39, Fla....

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Crain v. State, 79 So. 3d 118 (Fla. 1st DCA 2012).

Cited 6 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 812, 2012 WL 181453

...herwise 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's license issued under this chapter." Driving without a valid license is a second-degree misdemeanor. See § 322.39, Fla....

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Roedel v. State, 773 So. 2d 1280 (Fla. 5th DCA 2000).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 16930, 2000 WL 1878947

degree misdemeanor to violate this provision. See § 322.39, Fla. Stat. Section 322.34(2) provides: Any person

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State v. Jones, 899 So. 2d 1280 (Fla. 4th DCA 2005).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2005 WL 957594

...provided in chapters 316 and 985 " (emphasis added). The juveniles in these cases are charged with a violation under chapter 322, driving without a valid license, which relates to the operation of a motor vehicle and is a misdemeanor, not a felony. § 322.39, Fla....

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John Eugene Williams, III v. State of Florida, 244 So. 3d 356 (Fla. 1st DCA 2018).

Cited 1 times | Published | Florida 1st District Court of Appeal

... “Except as otherwise authorized in [chapter 322, titled ‘Driver Licenses’], a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver license issued under this chapter.” § 322.03(1), Fla. Stat. (2016); see also § 322.39(1), Fla....

...slature’s intent. Miller, 227 So. 3d at 564. The Legislature made clear that it is unlawful to drive a motor vehicle on Florida highways without a valid Florida driver’s license, except as otherwise authorized by chapter 322. See §§ 322.03(1), 322.39(1), Fla....

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State of Florida v. Daryl Miller, 227 So. 3d 562 (Fla. 2017).

Published | Supreme Court of Florida | 2017 WL 4296307

...the same thing because doing so improperly treats the words as “mere sur-plusage.” Heart of Adoptions, 963 So.2d at 198-99 . Individuals like Miller are guilty of a second-degree misdemeanor for violation of section 322.03, Florida Statutes. See § 322.39, Fla....

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State v. Miller, 193 So. 3d 1001 (Fla. 3d DCA 2016).

Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 8290, 2016 WL 3066474

...offense of driving without a valid driver’s license. See § 322.03(1), Fla. Stat. (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....

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State of Florida v. Powell (Fla. 1st DCA 2025).

Published | Florida 1st District Court of Appeal

...sdemeanor offense in Florida. Cortez, 449 U.S. at 713; Arvizu, 534 U.S. at 273.; see § 322.03(1), Fla. Stat. (prohibiting any person from driving a motor vehicle on a highway in the state unless that person has a valid driver’s license); see also § 322.39, Fla....

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