The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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F.S. 322.38

322.38 Renting motor vehicle to another.—

(1) A person may not rent a motor vehicle to any other person unless the other person is duly licensed or, if a nonresident, is licensed under the laws of the state or country of his or her residence, except a nonresident whose home state or country does not require that an operator be licensed.

(2) A person may not rent a motor vehicle to another until he or she has inspected the driver license of the person to whom the vehicle is to be rented and has verified that the driver license is unexpired.

(3) Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address of the person to whom the vehicle is rented, the number of the license of said latter person, and the place where the license was issued. Such record shall be open to inspection by any police officer, or officer or employee of the department.

(4) If a rental car company rents a motor vehicle to a person through digital, electronic, or other means which allows the renter to obtain possession of the motor vehicle without direct contact with an agent or employee of the rental car company, or if the renter does not execute a rental contract at the time he or she takes possession of the vehicle, the rental car company is deemed to have met all obligations of subsections (1) and (2) when the rental car company, at the time the renter enrolls in a membership program, master agreement, or other means of establishing use of the rental car company’s services, or any time thereafter, requires the renter to verify that he or she is duly licensed and that the license is unexpired.

History.—s. 50, ch. 19551, 1939; CGL 1940 Supp. 4151(661); s. 50, ch. 20451, 1941; s. 49, ch. 89-282; s. 422, ch. 95-148; s. 7, ch. 2019-169.

F.S. 322.38 on Google Scholar

F.S. 322.38 on Casetext

Amendments to 322.38

Arrestable Offenses / Crimes under Fla. Stat. 322.38

Level: Degree
Misdemeanor/Felony: First/Second/Third

S322.38 - NONMOVING TRAFFIC VIOL - FAIL TO KEEP VEHICLE RENTAL RECORDS - M: S

S322.38 - PUBLIC ORDER CRIMES - MOTOR VEHICLE RENTAL VIOL - M: S

S322.38 3 - PUBLIC ORDER CRIMES - FAIL TO KEEP VEHICLE RENTAL RECORDS - M: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

SMITH, v. BOARD OF COMMISSIONERS OF LOUISIANA STADIUM AND EXPOSITION DISTRICT,, 372 F. Supp. 3d 431 (E.D. La. 2019)

. . . . § 47:322.38(B)(2). These funds are derived from a tax on hotels in Orleans Parish. . . . Id. at §§ 47:322.38(A)(1), 301(14)(a). 2018 LSED Legislative Audit at 18. Id. at 5. R. . . .

RIVERS, Jr. v. HERTZ CORPORATION, a, 121 So. 3d 1078 (Fla. Dist. Ct. App. 2013)

. . . court rejected this argument and stated Appellant’s general negligence claim “bootstraps” onto section 322.38 . . . Hertz was negligent if it failed to perform its duty under section 322.38. . . . However, Hertz owed a duty of care beyond that imposed by section 322.38 if it “knew or should have known . . . Because there is no claim that Hertz failed to perform its statutory duty under section 322.38 to compare . . . The third amended complaint continues to claim Hertz had a duty beyond that stated in section 322.38 . . .

In D. PAGE,, 289 B.R. 484 (Bankr. S.D. Ga. 2003)

. . . debt in the property in the face amount of $80,000, due and payable in 180 monthly installments of $322.38 . . .

JACKSON, By WHITAKER, v. HERTZ CORPORATION,, 590 So. 2d 929 (Fla. Dist. Ct. App. 1990)

. . . There is no evidence that a rental car company has ever been charged with a violation of section 322.38 . . . a valid driver’s license was presented and inspected, we conclude that Hertz complied with section 322.38 . . . Section 322.38(2) provides that: "No person shall rent a motor vehicle to another, until he has inspected . . . Even if Hertz had violated the terms of section 322.38(2), its failure to comply with this penal statute . . . Violation Of Statute Is Prima Facie Evidence Of Negligence Section 322.38(2), Florida Statutes (1985) . . . There is no question that Hertz’s handling of the transaction violated section 322.38(2). . . . in footnote 3 of the majority panel opinion that no action arises out of an alleged violation of § 322.38 . . .

S. N. A. v., 87 T.C. 297 (T.C. 1986)

. . . Appreciation - market value 609,840 SHAREHOLDER’S EQUITY 6,447,692 7,057,532 Per share (20,000 shares) 322.38 . . .

AVIS RENT- A- CAR SYSTEMS, INC. v. GARMAS, 440 So. 2d 1311 (Fla. Dist. Ct. App. 1983)

. . . that Avis had not been' guilty either of renting the car to Lawrence in arguable violation of Sec. 322.38 . . .

CALIFORNIA v. ARIZONA, 452 U.S. 431 (U.S. 1981)

. . . S 40°38/33// E 322.38 feet; 795. S 01°33'17" E 23.22 feet; 796. S 37°48,53" E 271.36 feet; 797. . . .