Chapter 322 — Chapter 322

As used in this chapter:(1) “Actual weight” means the weight of a motor vehicle or motor vehicle combination plus the weight of the load carried on it, as determined at a fixed scale operated by the state or as determined by use of a portable scale operated by a law enforcement o…

This chapter does not apply when a fully autonomous vehicle is operated with the automated driving system engaged and without a human operator.

(1) The Legislature finds that over the past several years the department and individual county tax collectors have entered into contracts for the delivery of full and limited driver license services where such contractual relationships best served the public interest through sta…

The department may implement programs to improve the driving ability of the drivers of this state. Such programs may include, but shall not be limited to, safety awareness campaigns, driver training, and licensing improvement. Motorcycle driver improvement programs implemented pu…

(1) The department shall establish a Florida Motorcycle Safety Education Program. The program shall be funded as provided by ss. 320.08 and 322.025.(2) The department shall establish and administer motorcycle safety courses. The department shall prescribe the curricula for such c…

(1) The department shall screen crash reports received under s. 316.066 or s. 324.051 to identify crashes involving the following:(a) A crash involving death or a bodily injury requiring transport to a medical facility;(b) A second crash by the same operator within the previous 2…

(1)(a) Except as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver license issued under this chapter.(b) A person who violates paragraph (a) commits:1. Upon a first conviction, a misde…

(1) In each case in which a nonresident, except a nonresident migrant or seasonal farm worker as defined in s. 316.003, accepts employment or engages in a trade, profession, or occupation in this state or enters his or her children to be educated in the public schools of this sta…

(1) As used in this section, the term:(a) “Digital proof of driver license” means an electronic credential viewable on an electronic credentialing system.(b) “Digital proof of identification card” means an electronic credential viewable on an electronic credentialing system.(c) “…

(1) The Legislature intends for only driver licenses or identification cards to be issued which meet all minimum security requirements of the REAL ID Act of 2005, Pub. L. No. 109-13. The department may not issue a driver license or identification card to a person who is an unauth…

(1) The following persons are exempt from obtaining a driver license:(a) Any employee of the United States Government, while operating a noncommercial motor vehicle owned by or leased to the United States Government and being operated on official business.(b) Any person while dri…

The department may not issue a license:(1) To a person who is under the age of 16 years, except that the department may issue a learner’s driver license to a person who is at least 15 years of age and who meets the requirements of ss. 322.091 and 322.1615 and of any other applica…

(1) Any person who is 5 years of age or older, or any person who has a disability, regardless of age, who applies for a disabled parking permit under s. 320.0848, may be issued an identification card by the department upon completion of an application and payment of an applicatio…

(1) The department shall:(a) Require any male United States citizen or immigrant who is at least 18 years of age but less than 26 years of age to comply with federal Selective Service System requirements when applying to receive a driver license, a learner’s driver license, a com…

(1) Notwithstanding s. 322.28, upon the conviction of a person 18 years of age or older for possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance, the court shall direct the department to suspend the person’s driver license or…

(1) Notwithstanding s. 322.055, if a person under 18 years of age is found guilty of or delinquent for a violation of chapter 893, and:(a) The person is eligible by reason of age for a driver license or driving privilege, the court shall direct the department to revoke or to with…

(1) When the department receives notice from the Title IV-D agency or depository or the clerk of the court that any person licensed to operate a motor vehicle in the State of Florida under the provisions of this chapter has a delinquent support obligation or has failed to comply …

A person whose driver license or registration has been suspended as provided in s. 322.058 must immediately return his or her driver license and registration to the Department of Highway Safety and Motor Vehicles. The department shall invalidate the digital proof of driver licens…

(1) SHORT TITLE.—This section may be cited as the “Youthful Drunk Driver Visitation Program Act.”(2) COURT-ORDERED PARTICIPATION IN PROGRAM; PREFERENCE FOR PARTICIPATION.—(a) If a person is convicted of a violation of s. 316.193, the court may order, as a term and condition of pr…

A person whose driver license has been expired for 6 months or less and who drives a motor vehicle upon the highways of this state commits an infraction and is subject to the penalty provided in s. 318.18.

(1) Any person who is at least 18 years of age and who, except for his or her lack of instruction in operating a motor vehicle, would otherwise be qualified to obtain a Class E driver license under this chapter, may apply for a temporary instruction permit. The department shall i…

(1) Each application for a driver license shall be made in a format designated by the department and sworn to or affirmed by the applicant as to the truth of the statements made in the application.(2) Each such application shall include the following information regarding the app…

(1) An organization that seeks authorization to establish a voluntary contribution on a driver license application must submit to the department:(a) A request for the particular voluntary contribution being sought, describing the proposed voluntary contribution in general terms.(…

(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 year…

(1) ELIGIBILITY REQUIREMENTS FOR DRIVING PRIVILEGES.—A minor is not eligible for driving privileges unless that minor:(a) Is enrolled in a public school, nonpublic school, or home education program and satisfies relevant attendance requirements;(b) Has received a high school dipl…

(1) Each applicant for a driver license must complete a traffic law and substance abuse education course, unless the applicant has been licensed in another jurisdiction or has satisfactorily completed a Department of Education driver education course offered pursuant to s. 1003.4…

Any person who has signed the application of a minor for a driver license may thereafter file with the department a verified written request that the license of said minor so granted be canceled. Thereupon, the department shall cancel the license of that minor, and the person who…

The department, upon receipt of satisfactory evidence of the death of the person who signed the application of a minor for a license, shall, 90 days after giving written notice to the minor, cancel such license and may not issue a new license until the new application, signed and…

(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 …

(1) It is the intent of the Legislature that all licensed drivers in Florida be reexamined upon renewal of their licenses. Because only a small percentage of drivers in the state are categorized as problem drivers, the Legislature intends that renewals be processed expeditiously …

(1) There shall be a Medical Advisory Board composed of not fewer than 12 or more than 25 members, at least one of whom must be 60 years of age or older and all but one of whose medical and other specialties must relate to driving abilities, which number must include a doctor of …

(1) For the purpose of the reports authorized by this section, the Department of Highway Safety and Motor Vehicles, assisted by the Medical Advisory Board, shall:(a) Define mental or physical disabilities affecting the ability of a person to safely operate a motor vehicle.(b) Dev…

(1)(a) The department shall designate persons to serve as driver license examiners who, upon accepting such designation, shall conduct examinations hereunder, perform other assigned duties, and make factual reports of findings and recommendations to the department as it may requi…

(1) The department shall, upon application, authorize by interagency agreement any or all of the tax collectors who are constitutional officers under s. 1(d), Art. VIII of the State Constitution in the several counties of the state, subject to the requirements of law, in accordan…

(1)(a) The department shall, upon successful completion of all required examinations and payment of the required fee, issue to every qualified applicant a printed driver license that must bear a color photograph or digital image of the licensee; the name of the state; a distingui…

(1) All licenses originally issued or reissued by the department to persons under the age of 21 years for the operation of motor vehicles shall have markings or color which shall be obviously separate and distinct from all other licenses issued by the department for the operation…

(1) The department shall, upon receipt of the required fee, issue to each qualified applicant for a driver license a color photographic or digital imaged driver license bearing a fullface photograph or digital image of the licensee. Notwithstanding chapter 761 or s. 761.05, the r…

(1) As used in this section, the term:(a) “Personal information” means an individual’s name, address, date of birth, driver license number, or identification card number.(b) “Private entity” means any nongovernmental entity, such as a corporation, partnership, company or nonprofi…

(1) Every licensee shall have his or her driver license, which must be fully legible with no portion of such license faded, altered, mutilated, or defaced, in his or her immediate possession at all times when operating a motor vehicle and shall present or submit the same upon the…

(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, includi…

(1)(a) Notwithstanding any provision of law to the contrary, the department shall restrict the driving privilege of any Class E licensee who is age 15 through 17 and who has accumulated six or more points pursuant to s. 318.14, excluding parking violations, within a 12-month peri…

(1) The department may issue a learner’s driver license to a person who is at least 15 years of age and who:(a) Has passed the written examination for a learner’s driver license;(b) Has passed the vision and hearing examination administered under s. 322.12;(c) Has completed the t…

(1)(a) In the event that an instruction permit or driver license issued under the provisions of this chapter is lost or destroyed, the person to whom the same was issued may, upon payment of the appropriate fee pursuant to s. 322.21, obtain a replacement upon furnishing proof sat…

(1)(a) Except as provided in paragraph (b), the department may issue an original driver license only after the applicant successfully passes the required examinations and presents the application to the department.(b) The department may waive the driver license examination requir…

(1) Except as provided in ss. 775.21, 775.261, 943.0435, 944.607, and 985.4815, whenever any person, after applying for or receiving a driver license or identification card, changes his or her legal name, that person must within 30 days thereafter obtain a replacement license or …

(1) The department shall maintain a record of every application for license received by it. The possession of such an application form, whether filled out or in blank, or of a counterfeit thereof, not authorized by the department or its personnel constitutes a misdemeanor of the …

A copy, computer copy, or transcript of all abstracts of crash reports and all abstracts of court records of convictions received by the department and the complete driving record of any individual certified by the department or by the clerk of a court shall be received as eviden…

(1) The Legislature finds that the Division of Motorist Services of the Department of Highway Safety and Motor Vehicles is not a law enforcement agency. The Legislature also finds that the division is not an adjunct of any law enforcement agency in that employees have no stake in…

(1) Except as otherwise provided herein, the fee for:(a) An original or renewal commercial driver license is $75, which shall include the fee for driver education provided by s. 1003.48. However, if an applicant has completed training and is applying for employment or is currentl…

(1) It is unlawful for any person to:(a) Knowingly have in his or her possession or to display any blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver license or identification card or any instrument in the similitude of a driver license or identification …