Florida Statute 322.56 | Lawyer Caselaw & Research

The 2024 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.

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F.S. 322.56 on Casetext

Amendments to 322.56

Arrestable Offenses / Crimes under Fla. Stat. 322.56

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.56.

Annotations, Discussions, Cases:

Cases Citing Statute 322.56

Total Results: 20

Figueredo v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-06-28

Citation: 275 So. 3d 229

Snippet: suspended or revoked under this section or s. 322.056 may, upon the expiration of 6 months, petition

Figueredo v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-06-28

Citation: 275 So. 3d 229

Snippet: suspended or revoked under this section or s. 322.056 may, upon the expiration of 6 months, petition

John Eugene Williams, III v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-04-18

Citation: 244 So. 3d 356

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

M.A.R. v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-09-22

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

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

MAR v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-09-22

Citation: 67 So. 3d 232, 2010 WL 3655501

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

State v. K.R.G.

Court: District Court of Appeal of Florida | Date Filed: 2009-07-08

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

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

State v. KRG

Court: District Court of Appeal of Florida | Date Filed: 2009-07-08

Citation: 12 So. 3d 1269, 2009 WL 1940814

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

State v. S.S.

Court: District Court of Appeal of Florida | Date Filed: 2009-03-20

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

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

State v. SS

Court: District Court of Appeal of Florida | Date Filed: 2009-03-20

Citation: 8 So. 3d 425, 2009 WL 723500

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

State v. R.A.

Court: District Court of Appeal of Florida | Date Filed: 2006-05-24

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

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

State v. C.C.S.

Court: District Court of Appeal of Florida | Date Filed: 2000-10-25

Citation: 779 So. 2d 465

Snippet: license, contrary to the requirements of section 322.056(1), Florida Statutes (1997). C.C.S. entered a no

State v. R.D.H.

Court: District Court of Appeal of Florida | Date Filed: 2000-10-25

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

Snippet: license, contrary to the requirements of section 322.056(1), Florida Statutes (1997). R.D.H. entered a no

State v. RDH

Court: District Court of Appeal of Florida | Date Filed: 2000-10-25

Citation: 779 So. 2d 465, 2000 WL 1580386

Snippet: license, contrary to the requirements of section 322.056(1), Florida Statutes (1997). R.D.H. entered a no

State v. CCS

Court: District Court of Appeal of Florida | Date Filed: 2000-10-25

Citation: 779 So. 2d 465

Snippet: license, contrary to the requirements of section 322.056(1), Florida Statutes (1997). C.C.S. entered a no

State v. R.P.E.

Court: District Court of Appeal of Florida | Date Filed: 2000-10-11

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

Snippet: driver’s license pursuant to sections 562.111 and 322.056(1), Florida Statutes (1997). We reverse because

State v. J.V.W.

Court: District Court of Appeal of Florida | Date Filed: 1999-09-01

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

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

State v. JVW

Court: District Court of Appeal of Florida | Date Filed: 1999-09-01

Citation: 739 So. 2d 173, 1999 WL 674324

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

State v. M.A.G.

Court: District Court of Appeal of Florida | Date Filed: 1999-01-06

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

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

State v. P.J.A.

Court: District Court of Appeal of Florida | Date Filed: 1999-01-06

Citation: 723 So. 2d 389, 1999 WL 2536

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

State v. L.J.R.

Court: District Court of Appeal of Florida | Date Filed: 1999-01-06

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

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