Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 322.09 | Lawyer Caselaw & Research
F.S. 322.09 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 322.09

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.09
322.09 Application of minors; responsibility for negligence or misconduct of minor.
(1)(a) The application of any person under the age of 18 years for a driver license must be signed and verified before a person authorized to administer oaths by the father, mother, or guardian; by a secondary guardian if the primary guardian dies before the minor reaches 18 years of age; or, if there is no parent or guardian, by another responsible adult who is willing to assume the obligation imposed under this chapter upon a person signing the application of a minor. This section does not apply to a person under the age of 18 years who is emancipated by marriage.
(b) There shall be submitted with each application a certified copy of a United States birth certificate, a valid United States passport, an alien registration receipt card (green card), an employment authorization card issued by the United States Department of Homeland Security, or proof of nonimmigrant classification provided by the United States Department of Homeland Security, for an original license.
(2) Any negligence or willful misconduct of a minor under the age of 18 years when driving a motor vehicle upon a highway shall be imputed to the person who has signed the application of such minor for a permit or license, which person shall be jointly and severally liable with such minor for any damages caused by such negligence or willful misconduct.
(3) The department may not issue a driver license or learner’s driver license to any applicant under the age of 18 years who is not in compliance with the requirements of s. 322.091.
(4) Notwithstanding subsections (1) and (2), if a caregiver of a minor who is under the age of 18 years and is in out-of-home care as defined in s. 39.01(55), an authorized representative of a residential group home at which such a minor resides, the caseworker at the agency at which the state has placed the minor, or a guardian ad litem specifically authorized by the minor’s caregiver to sign for a learner’s driver license signs the minor’s application for a learner’s driver license, that caregiver, group home representative, caseworker, or guardian ad litem does not assume any obligation or become liable for any damages caused by the negligence or willful misconduct of the minor by reason of having signed the application. Before signing the application, the caseworker, authorized group home representative, or guardian ad litem shall notify the caregiver or other responsible party of his or her intent to sign and verify the application.
(5) Notwithstanding the provisions of subsections (1) and (2), a caseworker at the agency at which the state has placed a minor in foster care may sign the minor’s application for a driver license pursuant to a court-approved transition plan. Before signing the application, the caseworker shall notify the foster parent or other responsible party of the intent to sign and verify the application. The caseworker does not assume any obligation or become liable for any damages caused by the negligence or willful misconduct of the minor by reason of having signed the application.
History.s. 21, ch. 19551, 1939; CGL 1940 Supp. 4151(635); s. 21, ch. 20451, 1941; s. 1, ch. 29671, 1955; s. 1, ch. 77-373; s. 9, ch. 78-394; ss. 3, 7, ch. 89-112; ss. 3, 4, ch. 93-144; s. 2, ch. 96-414; s. 15, ch. 97-234; s. 75, ch. 99-248; s. 1, ch. 2001-83; s. 29, ch. 2004-5; s. 72, ch. 2005-164; s. 1, ch. 2007-147; s. 4, ch. 2017-8; s. 14, ch. 2018-103; s. 45, ch. 2019-3.

F.S. 322.09 on Google Scholar

F.S. 322.09 on Casetext

Amendments to 322.09


Arrestable Offenses / Crimes under Fla. Stat. 322.09
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.09.



Annotations, Discussions, Cases:

Cases from cite.case.law:

NORTH FLORIDA WOMEN S HEALTH AND COUNSELING SERVICES, INC. v. STATE, 866 So. 2d 612 (Fla. 2003)

. . . Driver’s license provisions, see § 322.09, Fla. . . .

AURBACH, v. GALLINA,, 753 So. 2d 60 (Fla. 2000)

. . . Pursuant to section 322.09(2), Florida Statutes (1997), the parent who signs the driver’s license application . . .

E. KOEBLER, v. KIEFFER,, 621 So. 2d 681 (Fla. Dist. Ct. App. 1993)

. . . . § 322.09(b)(2), Fla.Stat. (1989). Ms. Koebler sued the Kieffers. . . .

BROWN, v. F. SEEBACH III,, 763 F. Supp. 574 (S.D. Fla. 1991)

. . . . § 322.09 or, in the alternative, the applicability of CGSA 14 — 36(d)(1). . . . . § 322.09(l)(a) and (2) provide: [t]he application of any person under the age of 18 years for an instructor . . . Ocha, 472 So.2d 1338, 1342 (Fla. 4th DCA 1985), the court held that Fla.Stat. § 322.09 will be strictly . . . The court construes Fla.Stat. § 322.09 to apply only to persons who sign applications for driver’s licenses . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. T. SWETOKOS, J., 566 So. 2d 901 (Fla. Dist. Ct. App. 1990)

. . . son, who did not live with the insured, by virtue of the insured’s vicarious liability under section 322.09 . . . for a driver’s permit made John Sr. vicariously liable for the negligence of his son under section 322.09 . . .

LAY, v. SUGGS,, 559 So. 2d 740 (Fla. Dist. Ct. App. 1990)

. . . to the issuance of a driver’s license to Laurie when she was 15 years old in accordance with section 322.09 . . . Subsection (l)(a) of section 322.09 indicates that the “section” is not applicable to a person under . . . The reference to section means section 322.09 in its entirety and does not mean subsection (l)(a) in . . . The use of the word “section” by the legislature in the last sentence of section 322.09(l)(a) indicates . . . to us that the applicability of section 322.09 to a particular minor self-destructs upon emancipation . . .

BODZIAK v. KRELL, 40 Fla. Supp. 2d 161 (Fla. Cty. Ct. 1990)

. . . Kristine’s mother had signed the drivers license application with her daughter, pursuant to § 322.09 . . . Section 322.09 Florida Statutes (1989), makes parents who sign their children’s license applications . . .

BROWN, v. CHAMPEAU,, 537 So. 2d 1120 (Fla. Dist. Ct. App. 1989)

. . . thereby agreeing to be jointly liable for any damages caused by his negligence in accordance with section 322.09 . . . Section 322.09, Florida Statutes (1981) provides: Application of minors.— (l)(a) The application of any . . .

THOMPSON v. OKLAHOMA, 487 U.S. 815 (U.S. 1988)

. . . . §322.09 (1987) Ga. Ga. Code Ann. §40-5-26 (1985) Haw. Haw. Rev. . . .

NARANJO, v. GWINN,, 522 So. 2d 97 (Fla. Dist. Ct. App. 1988)

. . . . § 322.09, Fla.Stat. (1981). Affirmed. . . .

HARTFORD ACCIDENT AND INDEMNITY COMPANY, III, v. B. OCHA,, 472 So. 2d 1338 (Fla. Dist. Ct. App. 1985)

. . . court’s denial of their motion for directed verdict as to Parker’s statutory liability under section 322.09 . . . Ocha also claims that her claim for punitive damages against Otis under section 322.09 was improperly . . . Ocha relies both on section 322.09 and on Mercury Motors Express, Inc. v. . . . Ocha claims that since section 322.09 provides that “willful misconduct” of the minor should be imputed . . . Section 322.09, Florida Statutes (1979), states: 322.09 Application of minors.— (l)(a) The application . . . This view is based on the very language of section 322.09(2), Florida Statutes (1983), and particularly . . .

BOUDREAU, v. GENERAL ACCIDENT FIRE AND LIFE INSURANCE CORPORATION, LTD., 466 So. 2d 338 (Fla. Dist. Ct. App. 1985)

. . . . § 322.09, Fla.Stat. (1981). . . . SHARP, J., concurs and concurs specially with opinion. . § 322.09, Fla.Stat. (1981) provides: Application . . .

RUIZ, v. RUIZ Co., 427 So. 2d 298 (Fla. Dist. Ct. App. 1983)

. . . the trial court, in granting the defendant’s motion for summary judgment, properly applied section 322.09 . . . driver’s license from the state of Florida, Maria signing the application in accordance with section 322.09 . . . Jose answered and raised section 322.09(2), Florida Statutes (1979), as an affirmative defense. . . . Maria contends that, notwithstanding the plain language of section 322.09(2), a proper construction of . . . The legislature fixed responsibility for otherwise judgment-proof minors when it enacted section 322.09 . . . to herself caused by the minor’s negligent driving, is, however, bolstered by the fact that Section 322.09 . . .

ALLSTATE INSURANCE COMPANY, v. CARONIA, Jr. Sr. CARONIA, Jr. Sr. v. TRAVELERS INSURANCE COMPANY,, 395 So. 2d 1221 (Fla. Dist. Ct. App. 1981)

. . . father, pursuant to an authorization to secure a motor vehicle license executed pursuant to Section 322.09 . . .

S. QUEST v. JOSEPH,, 392 So. 2d 256 (Fla. Dist. Ct. App. 1980)

. . . See, e.g., § 790.22, Fla.Stat. (1979); § 322.09(2), Fla.Stat. (1979). . . . .

IOWA CENTER ASSOCIATES, v. O. WATSON, 456 F. Supp. 1108 (N.D. Ill. 1978)

. . . . §§ 322.09-322.10,323.20-323.21; Note, Procedures and Remedies in Limited Partners’ Suits for Breach . . . M.S.A. §§ 322.09, 323.20-323.21. . . .

QUINN, v. GORMAN, A. a, 354 So. 2d 429 (Fla. Dist. Ct. App. 1978)

. . . Company, to its insured, Ann Morey, did not provide coverage for the insured’s liability under Section 322.09 . . . The appellant contends that public policy mandates that Section 322.09 be made a part of Travelers’ policy . . .

LAMOS, v. CONSOLIDATED MUTUAL INSURANCE COMPANY,, 274 So. 2d 552 (Fla. Dist. Ct. App. 1973)

. . . application for his minor son to obtain an operator’s permit to drive a motor vehicle, pursuant to § 322.09 . . .

FARRIER, a v. M. THOMPSON Jo a, 234 So. 2d 11 (Fla. Dist. Ct. App. 1970)

. . . Section 322.09(1) (a), Florida Statutes, F.S.A. requires that in order for a person under the age of . . . Subparagraph (3) of Section 322.09, F.S. . . . Sections 322.09(1) (a), 322.09(3) and 322.10, F.S.A., was to place responsibility on the person or head . . . Section 322.09(3), F.S.A., upon the expiration of the license. . . . Section 322.09(3), F.S.A., when the license expires. . . .

GRACIE, A. A. v. DEMING,, 213 So. 2d 294 (Fla. Dist. Ct. App. 1968)

. . . complaint alleged the vicarious liability of Hans Freybe for this negligence by virtue of Florida Statute § 322.09 . . . Section 322.09 provides, first, that an application by a person under eighteen for a driver’s license . . . Although no cases exist on point, it seems clear that the intent of the legislature in promulgating § 322.09 . . . Florida Statutes § 322.09(1), F.S.A. . . . To hold otherwise would subvert the primary intention of the legislature in enacting § 322.09. . . .

GREER, v. R. WORKMAN, 203 So. 2d 665 (Fla. Dist. Ct. App. 1967)

. . . defendants, by signing his application for an operator’s license pursuant to the provisions of Section 322.09 . . . civil liability arising out of his operation of any motor vehicle pursuant to the provisions of Section 322.09 . . .

REGISTER v. AUSTIN,, 6 Fla. Supp. 79 (Columbia Cty. Cir. Ct. 1954)

. . . parents of a minor incurred in signing the minor’s application for an operator’s license under section 322.09 . . . Of the applicable statutes section 322.09, Florida Statutes 1951, provides— The application of any person . . . In my considered opinion section 322.09, imposing liability on parents in cases of this kind, should . . .

v., 13 T.C. 416 (T.C. 1949)

. . . deducted and allocated to the Pettit lease on account of the trespass mining in 1935 was less than the $2,-322.09 . . .

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

. . . Statutes 1941 (same F.S.A.) and particularly under the provisions of Section 322.09 thereof. . . . Thompson would be liable under the provisions of Sec. 322.09, supra, in event she signed an application . . .

In COHEN, 230 F. 733 (S.D. Ga. 1916)

. . . policy had a cash value, of $437, and that the Penn Mutual policies had cash values of $644.12 and $322.09 . . .