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Florida Statute 322.16 | Lawyer Caselaw & Research
F.S. 322.16 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 322.16

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.16
322.16 License restrictions.
(1)(a) The department, upon issuing a driver license, may, whenever good cause appears, impose restrictions suitable to the licensee’s driving ability with respect to the type of special mechanical control devices required on a motor vehicle that the licensee may operate, including, but not limited to, restricting the licensee to operating only vehicles equipped with air brakes, or imposing upon the licensee such other restrictions as the department determines are appropriate to assure the safe operation of a motor vehicle by the licensee.
(b) The department may further impose other suitable restrictions on use of the license with respect to time and purpose of use, including, but not limited to, a restriction providing for intrastate operation only, or may impose any other condition or restriction that the department considers necessary for driver improvement, safety, or control of drivers in this state.
(c) The department may further, at any time, impose other restrictions on the use of the license with respect to time and purpose of use or may impose any other condition or restriction upon recommendation of any court, of the Florida Commission on Offender Review, or of the Department of Corrections with respect to any individual who is under the jurisdiction, supervision, or control of the entity that made the recommendation.
(d) The department may impose a restriction upon the use of the license requiring that the licensee wear a medical identification bracelet when operating a motor vehicle. Medical identification bracelet restrictions must be coded on the license of the restricted operator. There is no penalty for violating this paragraph.
(2) A person who holds a driver license and who is under 17 years of age, when operating a motor vehicle after 11 p.m. and before 6 a.m., must be accompanied by a driver who holds a valid license to operate the type of vehicle being operated and is at least 21 years of age unless that person is driving directly to or from work.
(3) A person who holds a driver license who is 17 years of age, when operating a motor vehicle after 1 a.m. and before 5 a.m., must be accompanied by a driver who holds a valid license to operate the type of vehicle being operated, and is at least 21 years of age unless that person is driving directly to or from work.
(4) The department may, upon receiving satisfactory evidence of any violation of the restriction upon such a license, except a violation of paragraph (1)(d), subsection (2), or subsection (3), suspend or revoke the license, but the licensee is entitled to a hearing as upon a suspension or revocation under this chapter.
(5) It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any person to operate a motor vehicle in any manner in violation of the restrictions imposed under paragraph (1)(c).
(6) Any person who operates a motor vehicle in violation of the restrictions imposed under paragraph (1)(a), paragraph (1)(b), subsection (2), or subsection (3) will be charged with a moving violation and fined in accordance with chapter 318.
History.s. 28, ch. 19551, 1939; CGL 1940 Supp. 4151(642), 8135(58); s. 28, ch. 20451, 1941; s. 1, ch. 29683, 1955; s. 1, ch. 57-757; s. 1, ch. 59-432; s. 2, ch. 67-174; s. 1, ch. 67-265; s. 1, ch. 69-81; s. 209, ch. 71-136; s. 1, ch. 71-144; s. 5, ch. 77-120; s. 14, ch. 77-121; s. 16, ch. 78-394; s. 10, ch. 79-3; s. 1, ch. 82-132; s. 1, ch. 85-121; s. 12, ch. 85-309; s. 20, ch. 87-161; s. 36, ch. 88-122; s. 5, ch. 88-405; s. 5, ch. 88-410; ss. 4, 7, ch. 89-112; s. 10, ch. 89-282; ss. 3, 4, ch. 93-144; s. 407, ch. 95-148; s. 4, ch. 96-414; s. 22, ch. 97-300; s. 28, ch. 2010-162; s. 9, ch. 2014-191.

F.S. 322.16 on Google Scholar

F.S. 322.16 on Casetext

Amendments to 322.16


Arrestable Offenses / Crimes under Fla. Stat. 322.16
Level: Degree
Misdemeanor/Felony: First/Second/Third

S322.16 - MOVING TRAFFIC VIOL - VIOLATE DRIVERS LICENSE RESTRICTIONS - M: S
S322.16 1c - MOVING TRAFFIC VIOL - VIOLATE DRIVERS LICENSE RESTRICTIONS - M: S
S322.16 5 - MOVING TRAFFIC VIOL - VIOLATE DRIVERS LICENSE RESTRICTIONS - M: S


Civil Citations / Citable Offenses under S322.16
R or S next to points is Mandatory Revocation or Suspension

S322.16 (1)(a) DRIVER LICENSE - Violation of RESTRICTION Operate against License Restrictions - special mechanical control devices required. - Points on Drivers License: 3
S322.16 (1)(b) Fail obey drive restrictions - misuse of time and purpose Note 19 - Points on Drivers License: 3
S322.16 (1)(c) Fail obey driver license restrictions ordered by the court - Points on Drivers License: 0
S322.16 (2) Violation of restriction for minors under 17 operating vehicle after curfew (11 p.m. - 6 a.m.) - Points on Drivers License: 3
S322.16 (3) Violation of restriction - age 17 operating vehicle after curfew (1 a.m. - 5 a.m.) - Points on Drivers License: 3


Annotations, Discussions, Cases:

Cases from cite.case.law:

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 692 (Fla. 2013)

. . . Finally, a note in the Comment is added to provide as follows: “Under § 322.16(5), Fla. . . . Stat., violation of a restriction imposed pursuant to § 322.16(l)(c) is a second-degree misdemeanor. . . . Under § 322.16(6), a violation of a restriction imposed pursuant to another subsection is a moving violation . . . None Attempt_777.04(1) 5J Comments Under § 322.16(5), Fla. . . . Stat., violation of a restriction imposed pursuant to § 322.16(l)(c) is a second-degree misdemeanor. . . .

RALEIGH, v. STATE, 46 So. 3d 1018 (Fla. Dist. Ct. App. 2010)

. . . , § 322.15(1); driving at certain times while underage and without being accompanied by an adult, § 322.16 . . .

BRADSHEER K. v. FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 20 So. 3d 915 (Fla. Dist. Ct. App. 2009)

. . . Dickenson, 906 So.2d 316, 318 (Fla. 1st DCA 2005) (stating that “[wlhile section 322.16 provides general . . . effect other administrative measures necessary to ensure the safety of Florida's highways, section 322.16 . . .

K. EMBREY, v. O. DICKENSON,, 906 So. 2d 316 (Fla. Dist. Ct. App. 2005)

. . . Despite the Department’s arguments to the contrary, neither section 316.193 nor section 322.16, Florida . . . While section 322.16 provides general authority for the Department to impose time and purpose restrictions . . . effect other administrative measures necessary to ensure the safety of Florida’s highways, section 322.16 . . .

O. DICKENSON v. AULTMAN,, 905 So. 2d 169 (Fla. Dist. Ct. App. 2005)

. . . In support of its argument, the Department relies on section 322.16(l)(a), Florida Statutes (2003), titled . . . Section 322.16(l)(a) provides: The department, upon issuing a driver’s license, may, whenever good cause . . . Moreover, the Department’s interpretation of section 322.16(l)(a) would improperly allow it to impose . . .

STATE v. MEISTER,, 849 So. 2d 1127 (Fla. Dist. Ct. App. 2003)

. . . The legislature’s intent to require moped drivers to be licensed is confirmed by section 322.16(2)(c) . . .

In BUXTON, Sr. D., 228 B.R. 606 (Bankr. W.D. La. 1999)

. . . Schedule J itemizes the Debtors’ monthly expenses at $2,702.00, resulting in a surplus of $322.16 per . . .

SOTO, v. STATE, 711 So. 2d 1275 (Fla. Dist. Ct. App. 1998)

. . . The legislature’s intent to require moped drivers to be licensed is confirmed by section 322.16(2)(c) . . .

C. GRAHAM, v. MALONE FREIGHT LINES, INC. CRST,, 948 F. Supp. 1124 (D. Mass. 1996)

. . . . § 322.16 (West 1996). . . .

STATE OF FLORIDA v. RHEA, 7 Fla. Supp. 2d 25 (Fla. Cir. Ct. 1984)

. . . defendant citations alleging violation of his Driving License Restriction in Violation of Florida Statute 322.16 . . .

BRACKIN, v. BOLES,, 452 So. 2d 540 (Fla. 1984)

. . . See § 322.16, Fla.Stat. (1981). . . . language to mean that causality has nothing to do with the admissibility of a person’s violating section 322.16 . . . We therefore find that the trial court was correct in ruling that Brackin's violation of section 322.16 . . .

BOLES v. BRACKIN, d b a, 411 So. 2d 280 (Fla. Dist. Ct. App. 1982)

. . . See Section 322.16, Florida Statutes (1979). . . . and Corbett have absolutely nothing to do with the issue of admissibility of the violation of Section 322.16 . . .

STATE v. In C. B. K. a, 362 So. 2d 354 (Fla. Dist. Ct. App. 1978)

. . . considered the aforesaid [Florida Statutes §§ 39.01(25); 39.02; 316.625, 316.045 (renumbered 316.630); 322.16 . . .

L. MEDINA, Jr. a v. McALLISTER,, 202 So. 2d 755 (Fla. 1967)

. . . Statute 322.16 provides for issuance of a special restricted license to a minor who is at least fourteen . . .

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

. . . support the allegations of the complaint with reference to alleged violations of Sections 322.05(1) and 322.16 . . .