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F.S. 322.01 on Google Scholar

F.S. 322.01 on Casetext

Amendments to 322.01


The 2022 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.01 Florida Statutes and Case Law
322.01 Definitions.As used in this chapter:
(1) “Actual weight” means the weight of a motor vehicle or motor vehicle combination plus the weight of the load carried on it, as determined at a fixed scale operated by the state or as determined by use of a portable scale operated by a law enforcement officer.
(2) “Alcohol” means any substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol.
(3) “Alcohol concentration” means:
(a) The number of grams of alcohol per 100 milliliters of blood;
(b) The number of grams of alcohol per 210 liters of breath; or
(c) The number of grams of alcohol per 67 milliliters of urine.
(4) “Authorized emergency vehicle” means a vehicle that is equipped with extraordinary audible and visual warning devices, that is authorized by s. 316.2397 to display red, red and white, or blue lights, and that is on call to respond to emergencies. The term includes, but is not limited to, ambulances, law enforcement vehicles, fire trucks, and other rescue vehicles. The term does not include wreckers, utility trucks, or other vehicles that are used only incidentally for emergency purposes.
(5) “Cancellation” means the act of declaring a driver license void and terminated.
(6) “Color photographic driver license” means a color photograph of a completed driver license form meeting the requirements prescribed in s. 322.14.
(7) “Commercial driver license” means a Class A, Class B, or Class C driver license issued in accordance with the requirements of this chapter.
(8) “Commercial motor vehicle” means any motor vehicle or motor vehicle combination used on the streets or highways, which:
(a) Has a gross vehicle weight rating of 26,001 pounds or more;
(b) Is designed to transport more than 15 persons, including the driver; or
(c) Is transporting hazardous materials and is required to be placarded in accordance with 49 C.F.R. part 172, subpart F.

A vehicle that occasionally transports personal property to and from a closed-course motorsport facility, as defined in s. 549.09(1)(a), is not a commercial motor vehicle if the use is not for profit and corporate sponsorship is not involved. As used in this subsection, the term “corporate sponsorship” means a payment, donation, gratuity, in-kind service, or other benefit provided to or derived by a person in relation to the underlying activity, other than the display of product or corporate names, logos, or other graphic information on the property being transported.

(9) “Controlled substance” means any substance classified as such under 21 U.S.C. s. 802(6), Schedules I-V of 21 C.F.R. part 1308, or chapter 893.
(10) “Convenience service” means any means whereby an individual conducts a transaction with the department other than in person.
(11)(a) “Conviction” means a conviction of an offense relating to the operation of motor vehicles on highways which is a violation of this chapter or any other such law of this state or any other state, including an admission or determination of a noncriminal traffic infraction pursuant to s. 318.14, or a judicial disposition of an offense committed under any federal law substantially conforming to the aforesaid state statutory provisions.
(b) Notwithstanding any other provisions of this chapter, the definition of “conviction” provided in 49 C.F.R. s. 383.5 applies to offenses committed in a commercial motor vehicle or by a person holding a commercial driver license.
(12) “Court” means any tribunal in this state or any other state, or any federal tribunal, which has jurisdiction over any civil, criminal, traffic, or administrative action.
(13) “Declared weight” means the maximum loaded weight declared for purposes of registration, pursuant to chapter 320.
(14) “Department” means the Department of Highway Safety and Motor Vehicles acting directly or through its duly authorized representatives.
(15) “Disqualification” means a prohibition, other than an out-of-service order, that precludes a person from driving a commercial motor vehicle.
(16) “Drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic.
(17) “Driver license” means 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.S.C. s. 30301.
(18) “Endorsement” means a special authorization which permits a driver to drive certain types of vehicles or to transport certain types of property or a certain number of passengers.
(19) “Farmer” means a person who grows agricultural products, including aquacultural, horticultural, and forestry products, and, except as provided herein, employees of such persons. The term does not include employees whose primary purpose of employment is the operation of motor vehicles.
(20) “Farm tractor” means a motor vehicle that is:
(a) Operated principally on a farm, grove, or orchard in agricultural or horticultural pursuits and that is operated on the roads of this state only incidentally for transportation between the owner’s or operator’s headquarters and the farm, grove, or orchard or between one farm, grove, or orchard and another; or
(b) Designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.
(21) “Felony” means any offense under state or federal law that is punishable by death or by a term of imprisonment exceeding 1 year.
(22) “Foreign jurisdiction” means any jurisdiction other than a state of the United States.
(23) “Gross vehicle weight rating” means the value specified by the manufacturer as the maximum loaded weight of a single, combination, or articulated vehicle.
(24) “Hazardous materials” means any material that has been designated as hazardous under 49 U.S.C. s. 5103 and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73.
(25) “Human trafficking” has the same meaning as provided in s. 787.06(2)(d).
(26) “Medical examiner’s certificate” means a document substantially in accordance with the requirements of 49 C.F.R. s. 391.43.
(27) “Motorcycle” means a motor vehicle powered by a motor with a displacement of more than 50 cubic centimeters, having a seat or saddle for the use of the rider, and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor, tri-vehicle, or moped.
(28) “Motor vehicle” means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and electric bicycles as defined in s. 316.003.
(29) “Motor vehicle combination” means a motor vehicle operated in conjunction with one or more other vehicles.
(30) “Narcotic drugs” means coca leaves, opium, isonipecaine, cannabis, and every substance neither chemically nor physically distinguishable from them, and any and all derivatives of same, and any other drug to which the narcotics laws of the United States apply, and includes all drugs and derivatives thereof known as barbiturates.
(31) “Out-of-service order” means a prohibition issued by an authorized local, state, or Federal Government official which precludes a person from driving a commercial motor vehicle.
(32) “Owner” means the person who holds the legal title to a vehicle. However, if a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to possession, such conditional vendee, lessee, or mortgagor is the owner for the purpose of this chapter.
(33) “Passenger vehicle” means a motor vehicle designed to transport more than 15 persons, including the driver, or a school bus designed to transport more than 15 persons, including the driver.
(34) “Permit” means a document authorizing the temporary operation of a motor vehicle within this state subject to conditions established in this chapter.
(35) “Resident” means a person who has his or her principal place of domicile in this state for a period of more than 6 consecutive months, has registered to vote, has made a statement of domicile pursuant to s. 222.17, or has filed for homestead tax exemption on property in this state.
(36) “Restriction” means a prohibition against operating certain types of motor vehicles or a requirement that a driver comply with certain conditions when driving a motor vehicle.
(37) “Revocation” means the termination of a licensee’s privilege to drive.
(38) “School bus” means a motor vehicle that is designed to transport more than 15 persons, including the driver, and that is used to transport students to and from a public or private school or in connection with school activities, but does not include a bus operated by a common carrier in the urban transportation of school children. The term “school” includes all preelementary, elementary, secondary, and postsecondary schools.
(39) “State” means a state or possession of the United States, and, for the purposes of this chapter, includes the District of Columbia.
(40) “Street or highway” means 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.
(41) “Suspension” means the temporary withdrawal of a licensee’s privilege to drive a motor vehicle.
(42) “Suspension or revocation equivalent status” is a designation for a person who does not have a driver license or driving privilege but would qualify for suspension or revocation of his or her driver license or driving privilege if licensed. The department may designate a person as having suspension or revocation equivalent status in the same manner as it is authorized to suspend or revoke a driver license or driving privilege by law.
(43) “Tank vehicle” means a vehicle that is designed to transport any liquid or gaseous material within a tank either permanently or temporarily attached to the vehicle, if such tank has a designed capacity of 1,000 gallons or more.
(44) “United States” means the 50 states and the District of Columbia.
(45) “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway or operated upon rails or guideway, except a bicycle, motorized wheelchair, or electric bicycle.
(46) “Identification card” means a personal identification card issued by the department which conforms to the definition in 18 U.S.C. s. 1028(d).
(47) “Temporary driver license” or “temporary identification card” means a certificate issued by the department which, 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.S.C. s. 30301, or a personal identification card issued by the department which conforms to the definition in 18 U.S.C. s. 1028(d) and denotes that the holder is permitted to stay for a short duration of time, as specified on the temporary identification card, and is not a permanent resident of the United States.
(48) “Tri-vehicle” means an enclosed three-wheeled passenger vehicle that:
(a) Is designed to operate with three wheels in contact with the ground;
(b) Has a minimum unladen weight of 900 pounds;
(c) Has a single, completely enclosed, occupant compartment;
(d) Is produced in a minimum quantity of 300 in any calendar year;
(e) Is capable of a speed greater than 60 miles per hour on level ground; and
(f) Is equipped with:
1. Seats that are certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 207, “Seating systems” (49 C.F.R. s. 571.207);
2. A steering wheel used to maneuver the vehicle;
3. A propulsion unit located forward or aft of the enclosed occupant compartment;
4. A seat belt for each vehicle occupant certified to meet the requirements of Federal Motor Vehicle Safety Standard No. 209, “Seat belt assemblies” (49 C.F.R. s. 571.209);
5. A windshield and an appropriate windshield wiper and washer system that are certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 205, “Glazing Materials” (49 C.F.R. s. 571.205) and Federal Motor Vehicle Safety Standard No. 104, “Windshield Wiping and Washing Systems” (49 C.F.R. s. 571.104); and
6. A vehicle structure certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 216, “Rollover crush resistance” (49 C.F.R. s. 571.216).
History.s. 13, ch. 19551, 1939; CGL 1940 Supp. 4151(627); s. 13, ch. 20451, 1941; s. 1, ch. 29721, 1955; s. 1, ch. 61-457; s. 1, ch. 63-156; s. 1, ch. 65-496; s. 1, ch. 67-242; s. 1, ch. 67-304; s. 1, ch. 67-346; ss. 24, 35, ch. 69-106; s. 99, ch. 71-377; s. 5, ch. 76-286; s. 5, ch. 78-353; s. 1, ch. 78-394; s. 1, ch. 81-3; s. 1, ch. 81-188; s. 17, ch. 83-218; s. 8, ch. 85-81; s. 16, ch. 87-161; s. 3, ch. 89-282; s. 3, ch. 90-230; s. 70, ch. 94-306; s. 925, ch. 95-148; s. 11, ch. 95-247; s. 31, ch. 95-333; s. 8, ch. 96-247; s. 67, ch. 2005-164; s. 39, ch. 2006-290; s. 26, ch. 2008-176; s. 3, ch. 2008-179; s. 31, ch. 2010-223; ss. 4, 9, ch. 2011-7; HJR 7103, 2011 Regular Session; s. 7, ch. 2019-92; s. 8, ch. 2019-167; s. 12, ch. 2020-69; s. 10, ch. 2021-187.

Statutes updated from Official Statutes on: August 29, 2022
F.S. 322.01 on Google Scholar

F.S. 322.01 on Casetext

Amendments to 322.01


Arrestable Offenses / Crimes under Fla. Stat. 322.01
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.01.


Civil Citations / Citable Offenses under S322.01
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 322.01.


Annotations, Discussions, Cases:

  1. Raulerson v. State

    763 So. 2d 285 (Fla. 2000)   Cited 58 times
    The legislature remedied this anomaly in 1990 by eliminating the 1989 version of section 322.01(10), redefining a conviction under that section, and adding a section addressing the relationship between a withhold of adjudication and a conviction. Ch. 90-230, Laws of Fla. §§ 2, 3, at 1722. These amendments were to operate "retroactively to July 1, 1989," prior to the effective date of the 1989 version of section 322.01(10). Id.; see ch. 89-282, Laws of Fla. § 3, at 1664. The 1990 amendment defined "conviction" without reference to an adjudication, reflecting a legislative intent to remove that concept from the Chapter 322 "conviction" equation. The amendment adopted the current form of the statute, which states,
    PAGE 293
  2. § 322.01 (38) (39), Fla.Stat.
    PAGE 361
  3. Inman v. State

    916 So. 2d 59 (Fla. Dist. Ct. App. 2005)   Cited 5 times   1 Legal Analyses
    Inman argues that even though the type of vehicle he was driving is not listed as an exception to "motor vehicle" in section 322.01( 26), it is a new item that the Legislature has not yet categorized. Therefore, he argues, in the absence of legislative proscription, the rule of lenity embodied in section 775.021(1), Florida Statutes (2004), should apply such that his vehicle should be considered outside the definition of "motor vehicle." However, to be excluded from the definition of "motor vehicle," Inman's vehicle would have to be explicitly included in the list of excluded vehicles. Because it is not, the vehicle falls within the definition of "motor vehicle" found in section 322.01( 26). See, e.g., Dobbs v. Sea Isle Hotel, 56 So.2d 341, 342 (Fla. 1952) (noting the court's frequent holding that the rule "expressio unius est exclusio alterius," meaning "express mention of one thing is the exclusion of another," is applicable in statutory construction and that "had the legislature intended to establish other exceptions [within the statute at issue] it would have done so clearly and unequivocally"); Williams v. Am. Sur. Co. of N.Y., 99 So.2d 877, 880 (Fla. 2d…
    PAGE 61
  4. State v. Keirn

    720 So. 2d 1085 (Fla. Dist. Ct. App. 1998)   Cited 27 times
    The legislature remedied this anomaly in 1990 by eliminating the 1989 version of section 322.01(10), redefining a conviction under that section, and adding a section addressing the relationship between a withhold of adjudication and a conviction. Ch. 90-230, Laws of Fla. §§ 2, 3, at 1722. These amendments were to operate "retroactively to July 1, 1989," prior to the effective date of the 1989 version of section 322.01(10). Id.; see ch. 89-282, Laws of Fla. § 3, at 1664. The 1990 amendment defined "conviction" without reference to an adjudication, reflecting a legislative intent to remove that concept from the Chapter 322 "conviction" equation. The amendment adopted the current form of the statute, which states,
    PAGE 1089
  5. Burgess v. State

    Case No. 2D14-4680 (Fla. Dist. Ct. App. Jul. 6, 2016)   Cited 1 times
    On its face, section 322.34(5) created an offense that can only be committed when a defendant who was issued a driver's license has had that license revoked because he or she is a habitual traffic offender. Because a "driver's license" is a defined term referring to a physical certificate authorizing a person to drive, it necessarily follows that a defendant who has never been issued such a certificate cannot be convicted under this statute because a license that was never issued does not exist for the purposes of revoking it. See Crain, 79 So. 3d at 122 (holding that the statute "refer[s] only to a 'driver's license,' 'a certificate that . . . authorizes an individual to drive a motor vehicle.' " and that "[i]t ' "is a firmly established rule that '[c]ourts must apply a statute as they find it" ' " (footnote omitted) (citation omitted) (quoting § 322.01(17), Fla. Stat. (2009), and Guilder v. State, 899 So. 2d 412, 419 (Fla. 4th DCA 2005))); see also § 322.01(36) (defining the term "revocation" for the purposes of chapter 322 as applying only to "the termination of a licensee's privilege to drive" (emphasis added)).
    PAGE 7
  6. Definitions. § 322.01( 15), Fla. Stat. "Drive" means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. § 322.01( 26), Fla. Stat. "Motor vehicle" means any vehicle which is self-propelled, including a "moped," but not any vehicle moved solely by human power, motorized wheelchair or motorized bicycle. § 322.01( 38), Fla. Stat. "Street or Highway" means the entire width between the boundary lines of every way or place if any part thereof is open to the use of the public for purposes of vehicular traffic. "Habitual traffic offender" is any person whose record, as maintained by the Department of Highway Safety an Motor Vehicles, shows that [he] [she] has been designated a Habitual Traffic Offender, resulting in [his] [her] privilege to drive a motor vehicle having been revoked. § 322.01( 35), Fla. Stat. "Revoked" means the privilege to drive a motor vehicle has been terminated. Optional Definition. "Actual physical control" of a vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of…
  7. Galston v. State

    943 So. 2d 968 (Fla. Dist. Ct. App. 2006)   Cited 2 times
    The trial court relied on State v. Lopez, 633 So.2d 1150 (Fla. 5th DCA 1994), as authority to allow it to modify the standard instruction on the definition of the term "highway." Lopez did not involve a jury instruction, nor does it support the trial court's definition. Instead, Lopez simply held that the definition of the term "highway" found in section 322.01(38) included parking lots in "malls, industrial parks and similar areas" because those areas were "heavily traveled" and "open to the public" even though they were privately owned. Id. at 1151. Thus, Lopez did not expand the definition in section 322.01(38). It simply applied it to the facts of that case.
    PAGE 972
  8. Dept. of Highway Safety v. Rosenthal

    908 So. 2d 602 (Fla. Dist. Ct. App. 2005)   Cited 3 times
    The dispositive question presented to the trial court was whether an offense of driving with a suspended license for which a nolo contendere plea was entered and adjudication was withheld is a conviction under the provisions set forth in section 322.264 and section 322.01(10). Raulerson, in its explicit interpretation of the definition of conviction in section 322.01(10), provides a clear answer to this question. And the answer provided by Raulerson is inconsistent with the trial court's ruling. We therefore conclude that the trial court failed to apply the correct law in issuing a ruling that was at odds with the clearly established law articulated in Raulerson.
    PAGE 605
  9. Burgess v. State

    198 So. 3d 1151 (Fla. Dist. Ct. App. 2016)   Cited 7 times
    On its face, section 322.34(5) created an offense that can only be committed when a defendant who was issued a driver's license has had that license revoked because he or she is a habitual traffic offender. Because a “driver's license” is a defined term referring to a physical certificate authorizing a person to drive, it necessarily follows that a defendant who has never been issued such a certificate cannot be convicted under this statute because a license that was never issued does not exist for the purposes of revoking it. See Crain, 79 So.3d at 122 (holding that the statute “refer[s] only to a ‘driver's license,’ ‘a certificate that ... authorizes an individual to drive a motor vehicle.’ ” and that “[i]t ‘ “is a firmly established rule that ‘[c]ourts must apply a statute as they find it’ ” ' ” (footnote omitted) (citation omitted) (quoting § 322.01(17), Fla. Stat. (2009), and Guilder v. State, 899 So.2d 412, 419 (Fla. 4th DCA 2005) )); see also § 322.01(36) (defining the term “revocation” for the purposes of chapter 322 as applying only to “the termination of a licensee's privilege to drive” (emphasis added)).
    PAGE 1155