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F.S. 322.12 on Google Scholar

F.S. 322.12 on Casetext

Amendments to 322.12


The 2020 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.12 Florida Statutes and Case Law
322.12 Examination of applicants.
(1) It is the intent of the Legislature that every applicant for an original driver license in this state be required to pass an examination pursuant to this section. However, the department may waive the knowledge, endorsement, and skills tests for an applicant who is otherwise qualified and who surrenders a valid driver license from another state or a province of Canada, or a valid driver license issued by the United States Armed Forces, if the driver applies for a Florida license of an equal or lesser classification. An applicant who fails to pass the initial knowledge test incurs a $10 fee for each subsequent test, to be deposited into the Highway Safety Operating Trust Fund, except that if a subsequent test is administered by the tax collector, the tax collector shall retain such $10 fee, less the general revenue service charge set forth in s. 215.20(1). An applicant who fails to pass the initial skills test incurs a $20 fee for each subsequent test, to be deposited into the Highway Safety Operating Trust Fund, except that if a subsequent test is administered by the tax collector, the tax collector shall retain such $20 fee, less the general revenue service charge set forth in s. 215.20(1). A person who seeks to retain a hazardous-materials endorsement, pursuant to s. 322.57(1)(e), must pass the hazardous-materials test, upon surrendering his or her commercial driver license, if the person has not taken and passed the hazardous-materials test within 2 years before applying for a commercial driver license in this state.
(2) The department shall examine every applicant for a driver license, including an applicant who is licensed in another state or country, except as otherwise provided in this chapter. A person who holds a learner’s driver license as provided for in s. 322.1615 is not required to pay a fee for successfully completing the examination showing his or her ability to operate a motor vehicle as provided for herein and need not pay the fee for a replacement license as provided in s. 322.17(2).
(3) For an applicant for a Class E driver license, such examination shall include a test of the applicant’s eyesight given by the driver license examiner designated by the department or by a licensed ophthalmologist, optometrist, or physician and a test of the applicant’s hearing given by a driver license examiner or a licensed physician. The examination shall also include a test of the applicant’s ability to read and understand highway signs regulating, warning, and directing traffic; his or her knowledge of the traffic laws of this state, including laws regulating driving under the influence of alcohol or controlled substances, driving with an unlawful blood-alcohol level, and driving while intoxicated; and his or her knowledge of the effects of alcohol and controlled substances upon persons and the dangers of driving a motor vehicle while under the influence of alcohol or controlled substances and shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle.
(4) The examination for an applicant for a commercial driver license shall include a test of the applicant’s eyesight given by a driver license examiner designated by the department or by a licensed ophthalmologist, optometrist, or physician and a test of the applicant’s hearing given by a driver license examiner or a licensed physician. The examination shall also include a test of the applicant’s ability to read and understand highway signs regulating, warning, and directing traffic; his or her knowledge of the traffic laws of this state pertaining to the class of motor vehicle which he or she is applying to be licensed to operate, including laws regulating driving under the influence of alcohol or controlled substances, driving with an unlawful blood-alcohol level, and driving while intoxicated; his or her knowledge of the effects of alcohol and controlled substances and the dangers of driving a motor vehicle after having consumed alcohol or controlled substances; and his or her knowledge of any special skills, requirements, or precautions necessary for the safe operation of the class of vehicle which he or she is applying to be licensed to operate. In addition, the examination shall include an actual demonstration of the applicant’s ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle or combination of vehicles of the type covered by the license classification which the applicant is seeking, including an examination of the applicant’s ability to perform an inspection of his or her vehicle.
(a) The portion of the examination which tests an applicant’s safe driving ability shall be administered by the department or by an entity authorized by the department to administer such examination, pursuant to s. 322.56. Such examination shall be administered at a location approved by the department.
(b) A person who seeks to retain a hazardous-materials endorsement must, upon renewal, pass the test for such endorsement as specified in s. 322.57(1)(e), if the person has not taken and passed the hazardous-materials test within 2 years preceding his or her application for a commercial driver license in this state.
(5)(a) The department shall formulate a separate examination for applicants for licenses to operate motorcycles. Any applicant for a driver license who wishes to operate a motorcycle, and who is otherwise qualified, must successfully complete such an examination, which is in addition to the examination administered under subsection (3). The examination must test the applicant’s knowledge of the operation of a motorcycle and of any traffic laws specifically relating thereto and must include an actual demonstration of his or her ability to exercise ordinary and reasonable control in the operation of a motorcycle. Any applicant who fails to pass the initial knowledge examination will incur a $5 fee for each subsequent examination, to be deposited into the Highway Safety Operating Trust Fund. Any applicant who fails to pass the initial skills examination will incur a $10 fee for each subsequent examination, to be deposited into the Highway Safety Operating Trust Fund. In the formulation of the examination, the department shall consider the use of the Motorcycle Operator Skills Test and the Motorcycle in Traffic Test offered by the Motorcycle Safety Foundation. The department shall indicate on the license of any person who successfully completes the examination that the licensee is authorized to operate a motorcycle. If the applicant wishes to be licensed to operate a motorcycle only, he or she need not take the skill or road test required under subsection (3) for the operation of a motor vehicle, and the department shall indicate such a limitation on his or her license as a restriction. Every first-time applicant for licensure to operate a motorcycle must provide proof of completion of a motorcycle safety course, as provided for in s. 322.0255, before the applicant may be licensed to operate a motorcycle.
(b) The department may exempt any applicant from the examination provided in this subsection if the applicant presents a certificate showing successful completion of a course approved by the department, which course includes a similar examination of the knowledge and skill of the applicant in the operation of a motorcycle.
(c) This subsection does not apply to the operation of an autocycle, as defined in s. 316.003.
History.s. 24, ch. 19551, 1939; CGL 1940 Supp. 4151(638); s. 24, ch. 20451, 1941; s. 2, ch. 61-232; s. 1, ch. 67-197; s. 3, ch. 75-113; s. 11, ch. 78-394; s. 12, ch. 82-155; s. 6, ch. 83-228; s. 2, ch. 84-139; ss. 1, 2, ch. 84-314; s. 2, ch. 85-98; s. 1, ch. 85-181; s. 4, ch. 86-296; ss. 4, 19, ch. 87-161; s. 8, ch. 88-405; s. 6, ch. 89-282; s. 5, ch. 89-525; s. 7, ch. 91-243; s. 73, ch. 93-120; s. 75, ch. 94-306; s. 930, ch. 95-148; s. 12, ch. 95-247; s. 37, ch. 95-333; s. 3, ch. 96-414; s. 105, ch. 99-13; s. 283, ch. 99-248; s. 3, ch. 2003-410; s. 74, ch. 2005-164; s. 43, ch. 2006-290; s. 32, ch. 2009-71; s. 58, ch. 2014-17; s. 1, ch. 2018-129; s. 8, ch. 2018-130.

Statutes updated from Official Statutes on: December 31, 2020
F.S. 322.12 on Google Scholar

F.S. 322.12 on Casetext

Amendments to 322.12


Arrestable Offenses / Crimes under Fla. Stat. 322.12
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 322.12.


Civil Citations / Citable Offenses under S322.12
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 322.12.


Annotations, Discussions, Cases:

  1. Checks drawn on Minonk State Bank $41,658.14 Mastercard account 3,216.26 American Express account 7,104.22 Woodford FS, Eureka, IL 118.17 Yordy's True Value Hardware, Minonk 322.12 Furrow's Building Supplies, Bloomington, IL 1,551.26 ATT 411.79 United Parcel Service 62.55 Money Orders, Minonk State Bank, 452.50
    PAGE 705
  2. 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
  3. State v. Root

    820 S.W.2d 682 (Mo. Ct. App. 1992)   Cited 23 times
    Defendant correctly alleges the verdict director improperly deviated from the pattern instruction MAI-CR 3d 322.12. Instruction No. 5 omitted the fourth paragraph of the pattern instruction which reads: "Fourth, that defendant knew his [her] conduct was inflicting cruel and inhuman punishment upon a child less than seventeen years old."
    PAGE 687
  4. Polonczyk v. Florida

    Case No. 3:15cv245-LC-CJK (N.D. Fla. Aug. 22, 2017)
    With regard to plaintiff's claims against the Tax Collector, Fla. Stat. § 322.12(5)(a) bestows upon the DHSMV the task of issuing driver's licenses. According to the statute,
    PAGE 6
  5. State v. Cruz

    189 So. 2d 882 (Fla. 1966)   Cited 3 times
    The foregoing considered, Count One alleges the four defendants committed a fraud in the application by evidencing thereon that the applicant passed the examination as provided by § 322.12 in consideration of a cash payment, despite the fact the applicant might fail the test. F.S. Section 322.32 (5), F.S.A., in broad language makes it a misdemeanor "to knowingly make a false statement, or to knowingly conceal a material fact, or otherwise commit a fraud in any such application." In simple language, Count One charges a fraud was committed in the application by the defendants showing therein the applicant passed the driver's test as required by F.S. § 322.12, F.S.A. in consideration of the cash payment.
    PAGE 885
  6. State v. Ward

    745 S.W.2d 666 (Mo. 1988)   Cited 44 times
    Appellant alleges that because MAI-CR 3d 322.12 leaves space to describe means and result, the omission of means and results beyond the term "fractured" constitutes prejudicial error. Appellant argues that there was not sufficient evidence for the State to make its charges of child abuse.
    PAGE 670
  7. Hinely v. Florida Motorcycle Training

    70 So. 3d 620 (Fla. Dist. Ct. App. 2011)   Cited 8 times
    The Goeden court suggested that, had the state mandated attendance at the motorcycle training class as a prerequisite to obtaining a license, it would have held otherwise and ruled that the release violated public policy. See Goeden at 1106. Because that issue is not before us, we do not address it. We note that the applicable statute has been amended. Pursuant to section 43, chapter 2006-290, Laws of Florida, the words "who is under 21 years of age" were stricken from section 322.12(5)(a), Florida Statutes (2009), which outlines Florida motorcycle license examination requirements. Thus, it appears that, under the current law, all applicants for motorcycle driving licenses must complete a DMV-approved motorcycle training course before obtaining a license.
    PAGE 626
  8. Goeden v. CM III, Inc.

    756 So. 2d 1105 (Fla. Dist. Ct. App. 2000)   Cited 3 times
    Florida law provides for motorcycle safety education programs like that operated by the defendant. See § 322.0255, Fla. Stat. (1995). The driver's license law states in part: "On and after January 1, 1989, every first-time applicant for licensure to operate a motorcycle who is under 21 years of age shall be required to complete a motorcycle education course as established pursuant to this section." Id. § 322.0255(8) (emphasis added);see also id. § 322.12(5)(a) ("Every first-time applicant for licensure to operate a motorcycle who is under 21 years of age shall be required to provide proof of completion of a motorcycle safety course, as provided for in s. 322.0255, prior to such licensure to operate a motorcycle."). The plaintiff in this case was over twenty-one at the time she enrolled in the motorcycle school, so this course was not mandatory for plaintiff under Florida law.
    PAGE 1106
  9. U.S. v. McCloud

    405CR018, 407CV153 (S.D. Ga. Nov. 19, 2008)
    If the [defendant] seeking relief under § 2255 files a[n NOA], the district court which rendered the judgment "must either issue a certificate of appealability or state why a certificate should not issue." Fed.R.App.P. 22(b)(1). Other than timely filing a notice of appeal, the Court is not aware of any specific time frame within which a petitioner must seek a [COA]. See 20A James Wm. Moore, MOORE'S FEDERAL PRACTICE § 322.12(2)(a) (3d ed. 2007).
  10. Hinely v. Florida Motorcycle Tra.

    Case No. 1D09-5009 (Fla. Dist. Ct. App. Dec. 8, 2010)
    The Goeden court suggested that, had the state mandated attendance at the motorcycle training class as a prerequisite to obtaining a license, it would have held otherwise and ruled that the release violated public policy. See Goeden at 1006. Because that issue is not before us, we do not address it. We note that the applicable statute has been amended. Pursuant to section 43, chapter 2006-290, Laws of Florida, the words "who is under 21 years of age" were stricken from section 322.12(5)(a), Florida Statutes (2009), which outlines Florida motorcycle license examination requirements. Thus, it appears that, under the current law, all applicants for motorcycle driving licenses must complete a DMV-approved motorcycle training course before obtaining a license.
    PAGE 9