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Florida Statute 322.32 | Lawyer Caselaw & Research
F.S. 322.32 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 322.32

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.32
322.32 Unlawful use of license.It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any person:
(1) To display, cause or permit to be displayed, or have in his or her possession any canceled, revoked, suspended, or disqualified driver license knowing that such license has been canceled, revoked, suspended, or disqualified.
(a) The element of knowledge is satisfied if:
1. The person has been cited as provided in s. 322.34(1), and any cancellation, revocation, or suspension in effect at that time remains in effect; or
2. The person admits to knowledge of the cancellation, suspension, or revocation; or
3. The person received notice as provided in paragraph (c).
(b) In any proceeding for a violation of this section, a court may consider evidence, other than that specified in paragraph (a), that a person knowingly possessed a canceled, suspended, or revoked driver license.
(c) Any judgment or order rendered by a court or adjudicatory body or any uniform traffic citation that cancels, suspends, or revokes a person’s driver license must contain a provision notifying the person that his or her driver license or driving privilege has been canceled, suspended, or revoked.
(2) To lend his or her driver license to any other person or knowingly permit the use thereof by another.
(3) To display, or represent as his or her own, any driver license not issued to him or her.
(4) To fail or refuse to surrender to the department or to any law enforcement officer, upon lawful demand, any driver license in his or her possession that has been suspended, revoked, disqualified, or canceled.
(5) To permit any unlawful use of a driver license issued to him or her.
(6) To apply for, obtain, or cause to be issued to him or her two or more photographic driver licenses which are in different names. The issuance of such licenses shall be prima facie evidence that the licensee has violated the provisions of this section unless the issuance was in compliance with the requirements of this chapter.
(7) To do any act forbidden, or fail to perform any act required, by this chapter.
History.s. 44, ch. 19551, 1939; CGL 1940 Supp. 8135(59); s. 44, ch. 20451, 1941; s. 213, ch. 71-136; s. 25, ch. 78-394; s. 2, ch. 84-91; s. 24, ch. 89-282; s. 419, ch. 95-148; s. 3, ch. 97-206; s. 39, ch. 97-300.

F.S. 322.32 on Google Scholar

F.S. 322.32 on Casetext

Amendments to 322.32


Arrestable Offenses / Crimes under Fla. Stat. 322.32
Level: Degree
Misdemeanor/Felony: First/Second/Third

S322.32 1 - PASS FORGED - DISPLAY CAUSE PERMIT DISPLAY ALTERED DR LIC - M: S
S322.32 1 - POSSESS FORGED - FRAUDULENTLY ALTERED DRIVERS LICENSE - M: S
S322.32 1 - FRAUD-IMPERSON - DISPLAY CAUSE PERMIT DISPLAY OF FICT DR LIC - M: S
S322.32 1 - FRAUD - POSSESS FICTITIOUS DRIVERS LICENSE - M: S
S322.32 1 - NONMOVING TRAFFIC VIOL - POSSESS DISPLAY ETC OF CANC REVOKED ETC DR LIC - M: S
S322.32 2 - FRAUD - UNLAWFUL LENDING OF DRIVERS LICENSE - M: S
S322.32 3 - FRAUD-IMPERSON - DISPLAY ANOTHERS DRIVERS LICENSE - M: S
S322.32 4 - NONMOVING TRAFFIC VIOL - REFUSE TO SURRENDER SUSPENDED DRIVERS LICENSE - M: S
S322.32 5 - NONMOVING TRAFFIC VIOL - PERMIT UNLAWFUL USE OF ISSUED DRIVERS LICENSE - M: S
S322.32 6 - NONMOVING TRAFFIC VIOL - HAVE ISSUED 2 PHOTO DR LIC IN DIFFERENT NAMES - M: S
S322.32 7 - NONMOVING TRAFFIC VIOL - VIOLATE DRIVERS LICENSE LAW - M: S


Civil Citations / Citable Offenses under S322.32
R or S next to points is Mandatory Revocation or Suspension

S322.32 (1) DRIVER LICENSE - POSSESSION/DISPLAY/PERMITTING USE OF suspended/revoked/canceled/disqualified DL - Points on Drivers License: 0
S322.32 (2) -Lending/Permitting use of your DL by another person - Points on Drivers License: 0
S322.32 (3) -False display of DL - Points on Drivers License: 0
S322.32 (4) -Refusal to surrender DL - Points on Drivers License: 0
S322.32 (5) -Permit any unlawful use of a DL - Points on Drivers License: 0
S322.32 (6) -Obtaining 2 or more photographic DL's in different names [See 322.27 (1)(d)] - Points on Drivers License: 0 S
S322.32 (7) -Unlawful use of DL - Points on Drivers License: 0


Annotations, Discussions, Cases:

Cases from cite.case.law:

JONES, v. C. H. ROBINSON WORLDWIDE, INC., 558 F. Supp. 2d 630 (W.D. Va. 2008)

. . . AKJ possessed a “B” rating (overall score of 322.32) and was in the bottom 3% of the motor carriers in . . .

GIBBS, v. BELLSOUTH TELECOMMUNICATIONS, INC., 459 F. Supp. 2d 1133 (N.D. Ala. 2006)

. . . monthly payments under the Consolidated Omnibus Budget Reconciliation Act of 1986 (“COBRA”) would be $ 322.32 . . .

K. WILLINGHAM, v. CITY OF ORLANDO,, 929 So. 2d 43 (Fla. Dist. Ct. App. 2006)

. . . Caldwell had been charged with displaying another’s driver’s license in violation of section 322.32, . . .

E. MADDOX, v. STATE, 923 So. 2d 442 (Fla. 2006)

. . . Other charges might include misuse of a license, § 322.32, Fla. . . .

CARABALLO, v. STATE, 753 So. 2d 695 (Fla. Dist. Ct. App. 2000)

. . . . § 322.32(1), Fla. Stat. (1997). . . .

BATIE, v. STATE, 593 So. 2d 1167 (Fla. Dist. Ct. App. 1992)

. . . .-151(2) and 322.32(1), Florida Statutes (1989). . . . Section 322.32(1), Florida Statutes (1989), provides that it is unlawful for any person “[t]o display . . .

STATE OF FLORIDA v. SCHLEY, 22 Fla. Supp. 2d 117 (Volusia Cty. Ct. 1987)

. . . The defendant was thereupon arrested under Section 322.32(1) Florida Statutes which makes it a misdemeanor . . .

BOLDEN, a BOLDEN, v. STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF DRIVER LICENSES,, 479 So. 2d 191 (Fla. Dist. Ct. App. 1985)

. . . “Provided, however, no provision of this section shall be construed to include the provisions of s. 322.32 . . . By expressly excluding the first portion of Section 322.32, it would appear the legislature intended . . .

BARTEE, v. STATE, 401 So. 2d 890 (Fla. Dist. Ct. App. 1981)

. . . uniform traffic citation charging appellant with “unlawful use of license,” a violation of section 322.32 . . . Section 322.32 defines a statutory misdemeanor offense entitled “unlawful use of license,” and describes . . . ” — for which one cannot be placed twice in jeopardy- By the first misdemeanor charge under section 322.32 . . . ., the knowing possession of a fictitious operator’s license, is sufficient to violate both section 322.32 . . . Although section 322.32, Florida Statutes, does not expressly require that the prohibited possession . . .

GARMON v. STATE, 44 Fla. Supp. 158 (Dade Cty. Cir. Ct. 1976)

. . . . §322.32. . . .

BENDELOW, v. UNITED STATES, 418 F.2d 42 (5th Cir. 1969)

. . . Sec. 322.32(1), or for any person to display or represent as his own any operator’s license not issued . . . Sec. 322.32(3). . Taylor v. United States, 5 Cir. 1960, 279 F.2d 10, Daniel v. . . .

STATE v. CRUZ,, 189 So. 2d 882 (Fla. 1966)

. . . . § 322.32(5), F.S.A. . . . Section 322.32(5) reads in part: “(5) To use a false or fictitious name in any application for an operator . . . applicant in the application may be shown by the State’s evidence to amount to a fraudulent violation of § 322.32 . . . Section 322.32(5) makes it a misdemeanor for any person, not merely an applicant, to make a false statement . . . Section 322.32 (5), F.S.A., in broad language makes it a misdemeanor “to knowingly make a false statement . . . to pass the applicant even though the applicant might fail the examination, a violation of Section 322.32 . . . the second count it was charged that Cruz and the same three other persons, in violation of Section 322.32 . . . Court of Record granted the motion on the ground that the first count alleged a violation of Section 322.32 . . . It was planted squarely on Section 322.32(5) and, as we have seen from the analysis of the charge, the . . .

CRUZ, v. STATE, 181 So. 2d 20 (Fla. Dist. Ct. App. 1965)

. . . give the applicant a passing grade regardless of the outcome of his examination, in violation of § 322.32 . . . holding that Count 1 of the information in question fails to allege a crime under Florida Statutes 322.32 . . . Section 322.32, Fla.Stat., F.S.A. provides in part as follows: “It is a misdemeanor for any person: * . . .

SMITH, v. STATE, 167 So. 2d 225 (Fla. 1964)

. . . is required to have in his immediate possession at all times a driver’s license and that under Sec. 322.32 . . .