Florida Statute 322.56 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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F.S. 322.56

322.56 Contracts for administration of driver license examination.—

(1) The department may, by contract, interagency agreement, or interlocal agreement, authorize a person, an entity of the state government, a subdivision of state government, a public or private corporation, a firm, an organization, a school, or an entity of a local government to administer the written and driving skills portions of an examination for all classes and types of driver licenses, the results of which may be accepted in lieu of the results of a written and driving skills examination given by the department.

(2) Any test given by a third-party administrator under contract with the state must be the same as the test that the state would otherwise give.

(3) The contract or agreement between the third-party administrator and the state must, at a minimum, contain provisions that:

(a) Allow the Federal Highway Administration, or its representative, to conduct random examinations, inspections, and audits without prior notice;

(b) Allow the department, or its representative, to conduct random examinations, inspections, and audits without prior notice;

(d) Require that all third-party administrators meet the same qualifications and education and training standards as department examiners, to the extent necessary to conduct the written and driving skills portions of the examination;

(e) Allow the department to test, at least annually, a random sample of the drivers approved by the third party for licensure; and

(f) Reserve to the department the right to take prompt and appropriate action against a third party that fails to comply with state or federal standards for a driver license examination or that fails to comply with any terms of the contract.

(4) The department shall monitor examinations administered under the authority of this section. Such monitoring shall, at a minimum, satisfy the requirements of paragraphs (3)(b), (c), (d), and (e).

(5) An applicant who successfully completes a written and driving skills examination administered by an authorized third-party administrator shall provide evidence of such fact to the department prior to licensure.

(6) To qualify as a third-party administrator, a person, an entity of state government, a subdivision of state government, a public or private corporation, a school, or an entity of a local government must demonstrate to the satisfaction of the department that it has the necessary qualified personnel, equipment, and facilities to administer the written and driving skills portions of the driver license examination.

(7) This section does not exempt a person from the requirement that he or she successfully complete any other test required for licensure under this chapter.

(8) The department shall contract with providers of approved online traffic law and substance abuse education courses to serve as third-party providers to conduct online, on behalf of the department, examinations required pursuant to ss. 322.12 and 322.1615 to applicants for Class E learner’s driver licenses.

(a) The online testing program shall:

1. Use personal questions before the examination, which the applicant is required to answer during the examination, to strengthen test security to deter fraud;

2. Require, before the start of the examination, the applicant’s parent, guardian, or other responsible adult who meets the requirements of s. 322.09 to provide the third-party administrator with his or her driver license number and to certify that the parent, guardian, or responsible adult will monitor the applicant during the examination; and

3. Require, before issuance by the department of a learner’s driver license to an applicant who has passed an online examination, the applicant’s parent, guardian, or other responsible adult who meets the requirements of s. 322.09 to certify to the department that he or she monitored the applicant during the online examination. This certification shall be similar to the certification required by s. 322.05(3). This subsection does not preclude the department from continuing to provide written examinations at driver license facilities.

(b) All data regarding an applicant’s completion of the examinations required in ss. 322.12 and 322.1615 must be submitted to the department electronically in a format specified by the department. This shall be the official documentation for the completion of the examination. A third-party provider that is found to be in violation of this paragraph is automatically ineligible to provide online testing on behalf of the department for a minimum of 1 year.

History.—s. 8, ch. 89-282; s. 428, ch. 95-148; s. 49, ch. 96-413; s. 27, ch. 2011-66; s. 7, ch. 2017-8.

F.S. 322.56 on Google Scholar

F.S. 322.56 on CourtListener

Amendments to 322.56

Annotations, Discussions, Cases:

Cases Citing Statute 322.56

Total Results: 28

State v. MD

706 So. 2d 41, 1998 WL 10766

District Court of Appeal of Florida | Filed: Jan 14, 1998 | Docket: 1682415

Cited 4 times | Published

alleges, to avoid the legislative mandate of section 322.056(1), Florida Statutes (1995), which requires

State v. RN

597 So. 2d 862, 1992 WL 63946

District Court of Appeal of Florida | Filed: Apr 3, 1992 | Docket: 1704575

Cited 4 times | Published

driving privilege, as provided in s. 322.056. Section 322.056, Florida Statutes (1991), provides: (1) Notwithstanding

State v. JVW

739 So. 2d 173, 1999 WL 674324

District Court of Appeal of Florida | Filed: Sep 1, 1999 | Docket: 2582772

Cited 3 times | Published

the driver's license of J.V.W., pursuant to section 322.056, Florida Statutes (1997). We agree that the

CB v. State

706 So. 2d 925, 1998 WL 66939

District Court of Appeal of Florida | Filed: Feb 20, 1998 | Docket: 2579971

Cited 3 times | Published

suspension for any longer than six months. See § 322.056, Fla. Stat. (1995). Additionally, the trial court

State v. K.R.G.

12 So. 3d 1269, 2009 Fla. App. LEXIS 9347

District Court of Appeal of Florida | Filed: Jul 8, 2009 | Docket: 60233769

Cited 2 times | Published

have discretion to forego the dictates of section 322.056(l)(a)(l), Florida Statutes (2007), which required

State v. S.S.

8 So. 3d 425, 2009 Fla. App. LEXIS 2283

District Court of Appeal of Florida | Filed: Mar 20, 2009 | Docket: 60305476

Cited 2 times | Published

impose the mandatory license suspension. See § 322.056(1), Fla. Stat. (2007). The trial court refused

State v. RDH

779 So. 2d 465, 2000 WL 1580386

District Court of Appeal of Florida | Filed: Oct 25, 2000 | Docket: 2554013

Cited 2 times | Published

driver's license, contrary to the requirements of section 322.056(1), Florida Statutes (1997). R.D.H. entered

John Eugene Williams, III v. State of Florida

244 So. 3d 356

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366189

Cited 1 times | Published

Florida driver’s license unless “authorized”); § 322.056, Fla. Stat. (2016) (speaking in terms of a person

M.A.R. v. State

67 So. 3d 232, 2010 Fla. App. LEXIS 14002

District Court of Appeal of Florida | Filed: Sep 22, 2010 | Docket: 60302076

Cited 1 times | Published

DCA 2009) (applying to juvenile proceedings section 322.056(1)(a)(1), Florida Statutes (2007), which requires

State v. KRG

12 So. 3d 1269, 2009 WL 1940814

District Court of Appeal of Florida | Filed: Jul 8, 2009 | Docket: 498631

Cited 1 times | Published

have discretion to forego the dictates of section 322.056(1)(a)(1), Florida Statutes (2007), which required

State v. SS

8 So. 3d 425, 2009 WL 723500

District Court of Appeal of Florida | Filed: Mar 20, 2009 | Docket: 364423

Cited 1 times | Published

impose the mandatory license suspension. See § 322.056(1), Fla. Stat. (2007). The trial court refused

State v. CCS

779 So. 2d 465

District Court of Appeal of Florida | Filed: Oct 25, 2000 | Docket: 1176287

Cited 1 times | Published

driver's license, contrary to the requirements of section 322.056(1), Florida Statutes (1997). C.C.S. entered

MAR v. State

67 So. 3d 232, 2010 WL 3655501

District Court of Appeal of Florida | Filed: Sep 22, 2010 | Docket: 2364165

Published

DCA 2009) (applying to juvenile proceedings section 322.056(1)(a)(1), Florida Statutes (2007), which requires

State v. R.A.

928 So. 2d 1258, 2006 Fla. App. LEXIS 8104, 2006 WL 1409101

District Court of Appeal of Florida | Filed: May 24, 2006 | Docket: 64844643

Published

suspension of R.A.’s driver’s license pursuant to section 322.056, Florida Statutes (2005), after the court found

State v. R.D.H.

779 So. 2d 465, 2000 Fla. App. LEXIS 13723

District Court of Appeal of Florida | Filed: Oct 25, 2000 | Docket: 64804173

Published

driver’s license, contrary to the requirements of section 322.056(1), Florida Statutes (1997). R.D.H. entered

State v. C.C.S.

779 So. 2d 465

District Court of Appeal of Florida | Filed: Oct 25, 2000 | Docket: 64804174

Published

driver’s license, contrary to the requirements of section 322.056(1), Florida Statutes (1997). C.C.S. entered

State v. R.P.E.

779 So. 2d 426, 2000 Fla. App. LEXIS 13188, 2000 WL 1504952

District Court of Appeal of Florida | Filed: Oct 11, 2000 | Docket: 64804163

Published

license discretionary. The requirements of section 322.056(1) are mandatory, even when a no contest plea

State v. J.V.W.

739 So. 2d 173, 1999 Fla. App. LEXIS 11644

District Court of Appeal of Florida | Filed: Sep 1, 1999 | Docket: 64790170

Published

the driver’s license of J.V.W., pursuant to section 322.056, Florida Statutes (1997). We agree that the

State v. P.J.A.

723 So. 2d 389, 1999 WL 2536

District Court of Appeal of Florida | Filed: Jan 6, 1999 | Docket: 64785142

Published

been suspended for two years, pursuant to section 322.056, Florida Statutes (1997). For the reasons stated

State v. M.A.G.

723 So. 2d 390, 1999 Fla. App. LEXIS 13, 1999 WL 2707

District Court of Appeal of Florida | Filed: Jan 6, 1999 | Docket: 64785143

Published

been suspended for two years, pursuant to section 322.056, Florida Statutes (1997). For the reasons stated

State v. L.J.R.

723 So. 2d 389, 1999 Fla. App. LEXIS 15, 1999 WL 2543

District Court of Appeal of Florida | Filed: Jan 6, 1999 | Docket: 64785141

Published

been suspended for two years, pursuant to section 322.056, Florida Statutes (1997). For the reasons stated

State v. M.L.R.

722 So. 2d 259, 1998 Fla. App. LEXIS 15688

District Court of Appeal of Florida | Filed: Dec 16, 1998 | Docket: 64784911

Published

privileges be suspended for two years, pursuant to section 322.056, Florida Statutes (1997). The State filed a

State v. MLR

722 So. 2d 259, 1998 WL 873066

District Court of Appeal of Florida | Filed: Dec 16, 1998 | Docket: 1241362

Published

privileges be suspended for two years, pursuant to section 322.056, Florida Statutes (1997). The State filed a

State v. M.A.P.

708 So. 2d 322, 1998 Fla. App. LEXIS 2964, 1998 WL 135347

District Court of Appeal of Florida | Filed: Mar 27, 1998 | Docket: 64779876

Published

suspend M.A.P.’s driver’s license. We agree. Section 322.056, Florida Statutes (1995), requires a trial

C.B. v. State

706 So. 2d 925, 1998 Fla. App. LEXIS 1570

District Court of Appeal of Florida | Filed: Feb 20, 1998 | Docket: 64779294

Published

suspension for any longer than six months. See § 322.056, Fla. Stat. (1995). Additionally, the trial court

State v. M.D.

706 So. 2d 41, 1998 Fla. App. LEXIS 177

District Court of Appeal of Florida | Filed: Jan 14, 1998 | Docket: 64779021

Published

alleges, to avoid the legislative mandate of section 322.056(1), Florida Statutes (1995), which requires

State, Department of Highway Safety & Motor Vehicles v. Litsch

664 So. 2d 25, 1995 Fla. App. LEXIS 12300, 1995 WL 689541

District Court of Appeal of Florida | Filed: Nov 22, 1995 | Docket: 64760537

Published

effect of the reference to section 322.271 in section 322.056 was to define “business or employment purposes

State v. R.N.

597 So. 2d 862, 1992 Fla. App. LEXIS 3873

District Court of Appeal of Florida | Filed: Apr 3, 1992 | Docket: 64666845

Published

driving privilege, as provided in s. 322.-056. Section 322.056, Florida Statutes (1991), provides: (1) Notwithstanding