The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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F.S. 322.04

322.04 Persons exempt from obtaining driver license.—

(1) The following persons are exempt from obtaining a driver license:

(a) Any employee of the United States Government, while operating a noncommercial motor vehicle owned by or leased to the United States Government and being operated on official business.

(b) Any person while driving or operating any road machine, farm tractor, or implement of husbandry temporarily operated or moved on a highway.

(c) A nonresident who is at least 16 years of age and who has in his or her immediate possession a valid noncommercial driver license issued to the nonresident in his or her home state or country operating a motor vehicle of the type for which a Class E driver license is required in this state, if the nonresident’s license is not invalid under s. 322.033 relating to proof of the licensee’s lawful presence in the United States.

(d) A nonresident who is at least 18 years of age and who has in his or her immediate possession a valid noncommercial driver license issued to the nonresident in his or her home state or country operating a motor vehicle, other than a commercial motor vehicle, in this state, if the nonresident’s license is not invalid under s. 322.033 relating to proof of the licensee’s lawful presence in the United States.

(e) A person 18 years of age or older operating a golf cart, as defined in s. 320.01, which is operated in accordance with s. 316.212.

(2) This section does not apply to any person to whom s. 322.031 applies.

(3) Any person working for a firm under contract to the United States Government whose residence is outside this state and whose main point of employment is outside this state may drive a noncommercial vehicle on the public roads of this state for periods up to 60 days while in this state on temporary duty, if the person has a valid driver license from the state of the person’s residence and if the license is not invalid under s. 322.033 relating to proof of the licensee’s lawful presence in the United States.

History.—s. 16, ch. 19551, 1939; CGL 1940 Supp. 4151(630); s. 16, ch. 20451, 1941; s. 1, ch. 21949, 1943; s. 3, ch. 29721, 1955; s. 1, ch. 59-315; s. 1, ch. 61-124; s. 1, ch. 69-186; s. 5, ch. 78-394; s. 2, ch. 84-111; s. 45, ch. 87-198; s. 34, ch. 89-282; s. 5, ch. 91-243; s. 395, ch. 95-148; s. 32, ch. 95-333; s. 45, ch. 2012-181; s. 1, ch. 2013-1; s. 4, ch. 2023-40; s. 2, ch. 2023-67.

F.S. 322.04 on Google Scholar

F.S. 322.04 on Casetext

Amendments to 322.04

Arrestable Offenses / Crimes under Fla. Stat. 322.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.04.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WILLIAMS, III, v. STATE, 244 So. 3d 356 (Fla. App. Ct. 2018)

. . . issued to them by any government (state, federal, or foreign), and who is not exempt under section 322.04 . . . driver's license and who is not exempt from the licensing requirement under section 322.031 or section 322.04 . . . Sections 322.031 and 322.04 set forth exceptions to the Florida driver's license requirement, which include . . . nonresidents who possess a valid driver's license issued by their home state. §§ 322.031, 322.04, Fla . . . See §§ 322.031, 322.04, Fla. Stat. . . .

STATE v. MILLER,, 227 So. 3d 562 (Fla. 2017)

. . . . §§ 322.04(1)(c)—(d), Fla. Stat. (2017). . . . . §§ 322.04(l)(a)-(b), (e), Fla. Stat. (2017). . . .

STEPHENS, v. DEGIOVANNI,, 852 F.3d 1298 (11th Cir. 2017)

. . . . § 322.04(l)(d) (emphasis added). . Among the diagnostic tests performed on Stephens that Dr. . . .

CRAIN, v. STATE, 79 So. 3d 118 (Fla. Dist. Ct. App. 2012)

. . . in Florida via a statutory exemption pursuant to section 322.031, Florida Statutes (2009) or section 322.04 . . .

RIPPY, v. SHEPARD,, 15 So. 3d 921 (Fla. Dist. Ct. App. 2009)

. . . tractors from motor vehicle registration, payment of license taxes, and display of license plate); 322.04 . . .

MARRERO, v. STATE, 921 So. 2d 748 (Fla. Dist. Ct. App. 2006)

. . . Nonetheless, Marrero argues that he is exempted from that general requirement by section 322.04(l)(b) . . .

E. M. v., 46 T.C. 352 (T.C. 1966)

. . . Ann. secs. 322.04(3), 322.04(5), 320.37, 320.38; 1942 Op. Atty. Gen. Fla. 388; 1949 Op. Atty. Gen. . . .

In ADOPTION OF A MINOR, 155 F.2d 870 (D.D.C. 1946)

. . . Stat. (1939) § 322.04. 54 Stat. 1181, 50 U.S.C.A.Appendix, §521. . . .