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Florida Statute 322.05 | Lawyer Caselaw & Research
F.S. 322.05 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 322.05

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.05
322.05 Persons not to be licensed.The department may not issue a license:
(1) To a person who is under the age of 16 years, except that the department may issue a learner’s driver license to a person who is at least 15 years of age and who meets the requirements of ss. 322.091 and 322.1615 and of any other applicable law or rule.
(2) To a person who is at least 16 years of age but is under 18 years of age unless the person meets the requirements of s. 322.091 and holds a valid:
(a) Learner’s driver license for at least 12 months, with no moving traffic convictions, before applying for a license;
(b) Learner’s driver license for at least 12 months and who has a moving traffic conviction but elects to attend a traffic driving school for which adjudication must be withheld pursuant to s. 318.14; or
(c) License that was issued in another state or in a foreign jurisdiction and that would not be subject to suspension or revocation under the laws of this state.
(3) To a person who is at least 16 years of age but who is under 18 years of age, unless the parent, guardian, or other responsible adult meeting the requirements of s. 322.09 certifies that he or she, or another licensed driver 21 years of age or older, has accompanied the applicant for a total of not less than 50 hours’ behind-the-wheel experience, of which not less than 10 hours must be at night. This subsection is not intended to create a private cause of action as a result of the certification. The certification is inadmissible for any purpose in any civil proceeding.
(4) Except as provided by this subsection, to any person, as a Class A licensee, Class B licensee, or Class C licensee, who is under the age of 18 years.
(5) To any person whose license has been suspended, during such suspension, nor to any person whose license has been revoked, until the expiration of the period of revocation imposed under the provisions of this chapter.
(6) To any person, as a commercial motor vehicle operator, whose privilege to operate a commercial motor vehicle has been disqualified, until the expiration of the period of disqualification.
(7) To any person who is an habitual drunkard, or is an habitual user of narcotic drugs, or is an habitual user of any other drug to a degree which renders him or her incapable of safely driving a motor vehicle.
(8) To any person who has been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law.
(9) To any person who is required by this chapter to take an examination, unless such person shall have successfully passed such examination.
(10) To any person, when the department has good cause to believe that the operation of a motor vehicle on the highways by such person would be detrimental to public safety or welfare. Deafness alone shall not prevent the person afflicted from being issued a Class E driver license.
(11) To any person who is ineligible under s. 322.056.
(12) To any person, as a commercial motor vehicle operator, who has been convicted of, or has entered a plea of guilty or nolo contendere to, regardless of whether adjudication was withheld, any felony involving human trafficking under state or federal law involving the use of a commercial motor vehicle.
History.s. 17, ch. 19551, 1939; CGL 1940 Supp. 4151(631); s. 17, ch. 20451, 1941; s. 2, ch. 21949, 1943; s. 4, ch. 29721, 1955; s. 1, ch. 67-174; ss. 24, 35, ch. 69-106; s. 6, ch. 78-394; ss. 1, 7, ch. 89-112; s. 17, ch. 89-282; s. 6, ch. 90-265; ss. 3, 4, ch. 93-144; s. 396, ch. 95-148; s. 1, ch. 96-414; s. 14, ch. 97-234; s. 3, ch. 2000-239; s. 10, ch. 2001-196; s. 68, ch. 2005-164; s. 40, ch. 2006-290; s. 6, ch. 2017-8; s. 82, ch. 2019-167; s. 11, ch. 2021-187.

F.S. 322.05 on Google Scholar

F.S. 322.05 on Casetext

Amendments to 322.05


Arrestable Offenses / Crimes under Fla. Stat. 322.05
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.05.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DOE, v. NEBRASKA, v. v., 898 F. Supp. 2d 1086 (D. Neb. 2012)

. . . . §§ 29-4006(l)(k) and (s), 29-4006(2), and 28-322.05 (West, Operative Jan. 1, 2010). . . . Stat. § 28-322.05 would not prohibit texting. (Tr. 255:15-23.) . . . Neb.Rev.Stat. § 28-322.05(1). . . . Neb.Rev.Stat. § 28-322.05(2). . . . . Stat. § 28-322.05(l)(a)-(k). . . .

DOE v. NEBRASKA, v. v., 788 F. Supp. 2d 975 (D. Neb. 2011)

. . . . §§ 29-4006(l)(k) & (s), 29^4006(2), and 28-322.05, either alone or collectively impose a punishment . . . probation, parole or court-monitored supervision on or after January 1, 2010. • How Neb.Rev.Stat. § 28-322.05 . . .

In SCHOOLER v., 449 B.R. 502 (Bankr. N.D. Tex. 2010)

. . . See 3 Collier on Bankruptcy ¶ 322.05 (Alan N. Resnick & Henry J. . . .

DOE v. NEBRASKA, v. v. v., 734 F. Supp. 2d 882 (D. Neb. 2010)

. . . . §§ 28-322.05 and 294001.01. See Nebraska Laws, LB 97, §§ 14, 24. . . . Section 28-322.05 is a new criminal statute (unlawful use of the Internet by a prohibited sex offender . . . Rev.Stat. § 29-4006(2) (West, Operative Jan. 1, 2010), and Neb.Rev.Stat. § 28-322.05 (West, Operative . . . Ninth and Tenth Causes of Action — Due Process — Regarding Neb.Rev.Stat. § 28-322.05 (West, Operative . . . Example 2: Considering Neb.Rev.Stat. § 28-322.05, one wonders what the word “allows” means. . . .

UNITED STATES v. ANGEL- BALDERAS,, 136 F. App'x 697 (5th Cir. 2005)

. . . Moreover, his transportation of 322.05 kilograms of marijuana and 89.58 kilograms of cocaine provided . . .

STATE v. J. P. v. T. M., 907 So. 2d 1101 (Fla. 2004)

. . . See, e.g., § 322.05(1), Fla. . . .

LANE, v. MRA HOLDINGS, LLC d b a MRA AMX LLC, 242 F. Supp. 2d 1205 (M.D. Fla. 2002)

. . . . § 322.05. . See Fla. . . .

THOMPSON, v. DEPARTMENT OF HIGHWAY SAFETY MOTOR VEHICLES,, 692 So. 2d 272 (Fla. Dist. Ct. App. 1997)

. . . . § 322.05(8), Fla. Stat. (1995). . . .

OZBOURN, v. STATE, 651 So. 2d 795 (Fla. Dist. Ct. App. 1995)

. . . See, e.g., § 322.05(5), Fla.Stat. (1989) (restriction on drivers' licenses); § 97.041(3)(a), Fla.Stat . . .

GODWIN, v. STATE, 593 So. 2d 211 (Fla. 1992)

. . . They may not register for a drivers’ license, section 322.05(5), Florida Statutes (1989), and a court . . .

FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF LICENSING, v. WEINSTEIN,, 395 So. 2d 1233 (Fla. Dist. Ct. App. 1981)

. . . Pursuant to Sections 322.05(3) and 322.44, Florida Statutes (1977), the appellant correctly denied issuance . . .

FAIR, v. DAVIS,, 283 So. 2d 377 (Fla. Dist. Ct. App. 1973)

. . . Section 322.05(5), Florida Statutes, F.S.A. . . .

FARREY, a I. I. v. BETTENDORF R., 123 So. 2d 558 (Fla. Dist. Ct. App. 1960)

. . . failed to support the allegations of the complaint with reference to alleged violations of Sections 322.05 . . .

BETTY JEAN PADGETT, H. v. ELDA R. THOMPSON, MRS. R. D. THOMPSON, 158 Fla. 138 (Fla. 1946)

. . . conclusion is that the provisions of this Section must be read in pari materia with Sections 322.03 and 322.05 . . .

AMTORG TRADING CORPORATION v. UNITED STATES, 23 F. Supp. 715 (S.D.N.Y. 1938)

. . . Premiums aggregating $207,-322.05 were paid to Gostrach out of the plaintiff’s funds from its account . . .