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F.S. 322.03 on Google Scholar

F.S. 322.03 on Casetext

Amendments to 322.03


The 2022 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.03 Florida Statutes and Case Law
322.03 Drivers must be licensed; penalties.
(1) Except 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 issued under this chapter.
(a) A person who drives a commercial motor vehicle may not receive a driver license unless and until he or she surrenders to the department all driver licenses in his or her possession issued to him or her by any other jurisdiction or makes an affidavit that he or she does not possess a driver license. Any such person who fails to surrender such licenses commits a noncriminal infraction, punishable as a moving violation as set forth in chapter 318. Any such person who makes a false affidavit concerning such licenses commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) All surrendered licenses may be returned by the department to the issuing jurisdiction together with information that the licensee is now licensed in a new jurisdiction or may be destroyed by the department, which shall notify the issuing jurisdiction of such destruction. A person may not have more than one valid driver license at any time.
(2) Prior to issuing a driver license, the department shall require any person who has been convicted two or more times of a violation of s. 316.193 or of a substantially similar alcohol-related or drug-related offense outside this state within the preceding 5 years, or who has been convicted of three or more such offenses within the preceding 10 years, to present proof of successful completion of or enrollment in a department-approved substance abuse education course. If the person fails to complete such education course within 90 days after issuance, the department shall cancel the license. Further, prior to issuing the driver license the department shall require such person to present proof of financial responsibility as provided in s. 324.031. For the purposes of this paragraph, a previous conviction for violation of former s. 316.028, former s. 316.1931, or former s. 860.01 shall be considered a previous conviction for violation of s. 316.193.
(3)(a) The department may not issue a commercial driver license to any person who is not a resident of this state.
(b) A resident of this state who is required by the laws of this state to possess a commercial driver license may not operate a commercial motor vehicle in this state unless he or she possesses a valid commercial driver license issued by this state. Except as provided in paragraph (c), any person who violates this paragraph is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) Any person whose commercial driver license has been expired for a period of 30 days or less and who drives a commercial motor vehicle within this state is guilty of a nonmoving violation, punishable as provided in s. 318.18.
(4) A person may not operate a motorcycle unless he or she holds a driver license that authorizes such operation, subject to the appropriate restrictions and endorsements. A person may operate an autocycle, as defined in s. 316.003, without a motorcycle endorsement.
(5) It is a violation of this section for any person whose driver license has been expired for more than 6 months to operate a motor vehicle on the highways of this state.
(6) A person who is charged with a violation of this section, other than a violation of paragraph (a) of subsection (1), may not be convicted if, prior to or at the time of his or her court or hearing appearance, the person produces in court or to the clerk of the court in which the charge is pending a driver license issued to him or her and valid at the time of his or her arrest. The clerk of the court is authorized to dismiss such case at any time prior to the defendant’s appearance in court. The clerk of the court may assess a fee of $5 for dismissing the case under this subsection.
History.s. 15, ch. 19551, 1939; CGL 1940 Supp. 4151(629); s. 15, ch. 20451, 1941; s. 2, ch. 29721, 1955; s. 2, ch. 61-457; s. 1, ch. 63-156; s. 2, ch. 65-496; s. 24, ch. 73-334; s. 3, ch. 78-394; s. 2, ch. 80-308; s. 1, ch. 84-139; s. 10, ch. 86-185; s. 3, ch. 86-296; s. 17, ch. 87-161; s. 3, ch. 88-50; s. 16, ch. 89-282; s. 11, ch. 91-255; s. 73, ch. 94-306; s. 927, ch. 95-148; s. 10, ch. 2009-183; s. 27, ch. 2010-162; s. 10, ch. 2018-111; s. 7, ch. 2018-130.

Statutes updated from Official Statutes on: August 29, 2022
F.S. 322.03 on Google Scholar

F.S. 322.03 on Casetext

Amendments to 322.03


Arrestable Offenses / Crimes under Fla. Stat. 322.03
Level: Degree
Misdemeanor/Felony: First/Second/Third

322.03 1 - MOVING TRAFFIC VIOL - OPERATE MOTOR VEHICLE WO VALID LICENSE - M: S
322.03 1a - FRAUD-FALSE STATEMENT - FALSE AFFIDAVIT REGARDING POSSESSION OF CDL - M: F
322.03 1b - NONMOVING TRAFFIC VIOL - POSSESS MORE THAN ONE VALID DRIVERS LIC - M: S
322.03 3 - MOVING TRAFFIC VIOL - OPERATE COMMERCIAL VEHICLE WO VALID CDL - M: F
322.03 3b - MOVING TRAFFIC VIOL - OPERATE COMMERCIAL VEHICLE WO VALID CDL - M: F
322.03 4 - MOVING TRAFFIC VIOL - OPERATE MOTORCYCLE WO LICENSE - M: S
322.03 5 - MOVING TRAFFIC VIOL - DRIVE WITH EXPIRED LIC FOR MORE THAN 6 MOS - M: S


Civil Citations / Citable Offenses under S322.03
R or S next to points is Mandatory Revocation or Suspension

S322.03 (1) NO DRIVER LICENSE - never had one issued (If valid at time citation was issued, a dismissal fee up to $10 can be paid, when proof submitted to Clerk of Court) - Points on Drivers License: 0
S322.03 (1)(a) Failed to surrender DL/CDL Note 18 - Points on Drivers License: 3
S322.03 (1)(a) Made FALSE AFFIDAVIT concerning license - Points on Drivers License: 0 S
S322.03 (1)(b) Having MORE THAN ONE VALID FL Driver License - Points on Drivers License: 0
S322.03 (3)(b) Florida RESIDENT driving a CMV in Florida MUST HAVE A CDL LICENSE ISSUED BY THE STATE OF FLORIDA - Points on Drivers License: 0
S322.03 (3)(c) EXPIRED CDL ( 30 days or less) IF IN A CMV [If expired MORE THAN 30 DAYS see 322.54(4)(a)] - Points on Drivers License: 0
S322.03 (4) No Driver License for the operation of Motorcycle - Points on Drivers License: 0
S322.03 (5) EXPIRED DL (MORE THAN 6 MONTHS) (619 must be used for "Expired DL more than 4 months" until 10/1/2010) (If expired less than 4 months see 322.065 - Points on Drivers License: 0


Annotations, Discussions, Cases:

  1. Roedel v. State

    773 So. 2d 1280 (Fla. Dist. Ct. App. 2000)   Cited 4 times
    However, a person who violates either or both of the laws can be viewed as an unqualified operator of a motor vehicle driving without a valid license and posing a threat to public safety. Both statutes address the dual concerns of promoting public safety and punishing those who ignore the law and drive without a valid license. Section 322.34(2) contains some additional elements that are not included in section 322.03(1) ( i.e., knowledge, and having had a driver's license which was at the time of the driving canceled, suspended or revoked). Thus, some people cannot be convicted of violating section 322.34(2), who can be convicted of violating section 322.03(1). However, anyone who violates section 322.34(2) necessarily violates section 322.03(1), because he or she is driving without a valid driver's license. In other words, section 322.03(1) is a necessary lesser included offense of section 322.34(2).
    PAGE 1282
  2. State v. C.B.K

    362 So. 2d 354 (Fla. Dist. Ct. App. 1978)   Cited 3 times
    The question here is whether a juvenile who operates a motor vehicle without a valid driver's license can be prosecuted under (1) Florida Statute § 322.03(1), a misdemeanor triable in the Circuit Court, Juvenile Division, or (2) Florida Statutes § 316.625(2) (a traffic offense triable in the County Court, Traffic Division, unless jurisdiction is waived). The State contends that it has the option to prosecute under either statute, and in this case elected to prosecute under § 322.03(1).
    PAGE 355
  3. Stephens v. DeGiovanni

    852 F.3d 1298 (11th Cir. 2017)   Cited 127 times   1 Legal Analyses
    Stephens retained an attorney to defend him on the Florida charges. The State dismissed the resisting-an-officer-without-violence charge under Fla. Stat. § 843.02, a first-degree misdemeanor. Stephens changed his original May 29, 2009, not-guilty plea for violating Fla. Stat. § 322.03(1), operating a vehicle without a driver's license, and pled nolo contendere on September 9, 2009, including waiving his rights regarding the first-degree misdemeanor. State v. Stephens , No. 09004094MM10A, Fla. 17th Cir. Ct. (Sept. 9, 2009) (Broward Cty. Cir. Ct.). Stephens explained why he accepted the plea bargain for being charged with violating Fla. Stat. § 322.03(1) requiring a driver's license, based on his attorney's advice:
    PAGE 1311
  4. State v. Erway

    No. 2D21-1265 (Fla. Dist. Ct. App. Oct. 28, 2022)
    Erway's gasoline-powered Huffy was self-propelled, and it was not a motorized wheelchair. Therefore, under section 322.03(1) Erway could permissibly drive his Huffy without a license only if it met the definition of "motorized bicycle" under section 316.003, Florida Statutes (2019). See State v. Burris, 875 So.2d 408, 410 (Fla. 2004) (holding that a "statute's plain and ordinary meaning must control, unless this leads to an unreasonable result or a result clearly contrary to legislative intent").
    PAGE 4
  5. Williams v. State

    244 So. 3d 356 (Fla. Dist. Ct. App. 2018)   Cited 2 times
    Based on the clear and unambiguous language of the statute, a defendant who is a habitual traffic offender cannot be prosecuted under section 322.34(2). Finney v. State , 219 So.3d 254, 256 (Fla. 1st DCA 2017). Moreover, "[a] person operating a motor vehicle on the roads of this State must possess a valid license issued by the State of Florida or fall under an exception to licensure." State v. Miller , 227 So.3d 562, 564 (Fla. 2017) (citing section 322.03( 1) ). Considering sections 322.03 and 322.04in pari materia , the term "driving privilege" "refers to all the individuals who may lawfully operate vehicles on Florida's roads, even if they do not possess a Florida driver license." Id. at 564. A person who does not have a Florida driver's license and who does not fall within a statutory exemption to licensure does not have any driving privilege and is guilty of driving without a valid driver's license, a violation of section 322.03. Id. at 564–65 (noting that the Legislature has not created enhanced penalties for persons who accumulate multiple violations of section 322.03 ); see also Burgess v. State, 198 So.3d 1151, 1156–58 (Fla. 2d DCA…
    PAGE 361
  6. State v. Miller

    227 So. 3d 562 (Fla. 2017)   Cited 13 times
    Individuals like Miller are guilty of a second-degree misdemeanor for violation of section 322.03, Florida Statutes. See § 322.39, Fla. Stat. (2017). The Legislature has not articulated enhanced penalties for individuals who accumulate multiple violations of section 322.03. The statute under review, section 322.34(5), Florida Statutes, only provides enhanced penalties for individuals who continue to drive after having had a valid driver license revoked.
    PAGE 565
  7. CATEGORY CATEGORY FLA. INS. ONE TWO STAT. NO. No Valid Driver's License 322.03 28.9
    PAGE 364
  8. Burgess v. State

    198 So. 3d 1151 (Fla. Dist. Ct. App. 2016)   Cited 7 times
    Titled “Driver's Licenses,” chapter 322 regulates licensure for the operation of motor vehicles. It sets up a general rule that a person must have a valid driver's license issued by the Department of Highway Safety and Motor Vehicles in order to operate a motor vehicle in the state. § 322.03(1). There are exceptions to the requirement of licensure—nonresidents licensed in another jurisdiction need not have a Department-issued license, for example—but licensure in general is the rule. See §§ 322.03, .04. Absent an exception, driving a car without a valid driver's license is a misdemeanor of the second degree. See §§ 322.03(1), .39.
    PAGE 1154
  9. State v. Meister

    849 So. 2d 1127 (Fla. Dist. Ct. App. 2003)   Cited 4 times
    Appellee, Melissa Meister, whose driver's license had previously been suspended, was charged by information with driving while license suspended. Appellee moved to dismiss the Information against her on the grounds that section 322.03( 1), Florida Statutes (2001), is unconstitutional on its face, and as applied to her, and that it is overbroad and vague. Meister alleged that she was arrested while riding a moped and charged with driving with a suspended license. She argued that section 322.03( 1) does not provide a clear meaning of the conduct which is prohibited by statute, thereby rendering it unconstitutionally vague. At the hearing on the motion to dismiss, appellee argued that a motor vehicle, which is defined in section 316.003(21), Florida Statutes, specifically excludes bicycles and mopeds from the definition. Thus, it would be reasonable to assume that a moped is not a motor vehicle. In addition to arguing that other statutes do not consider a moped a motor vehicle, appellee argued that section 322.34(2), concerning licenses to drive a motor vehicle, was unconstitutional as applied. The court held that not only was the definition in section…
    PAGE 1128
  10. Woodson v. Ivey

    917 So. 2d 993 (Fla. Dist. Ct. App. 2005)   Cited 8 times
    We are also unpersuaded, though do not decide, that the statutes Ivey relies on in her complaint, sections 322.03(4) and 322.12(5)(a), create civil liability on the part of anyone other than the operator of the motorcycle. Section 322.03(4) requires the operator of a motorcycle to be properly licensed. Section 322.12(5)(a) requires the Department of Highway Safety and Motor Vehicles to formulate a separate examination and licensure requirement for motorcycle operation. Neither of these statutes place any duty on someone in Woodson's position. Though not cited by the parties, we note that section 322.36, Florida Statutes (2002), provides:
    PAGE 997