Florida Statutes 322.03 – Drivers must be licensed; penalties
Current as of: 2024 | Check for updates
|
Other versions
(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.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor of the second degree | up to 60 days | up to $500 |
| misdemeanor of the first degree | up to 1 year | up to $1,000 |
Terms Used In Florida Statutes 322.03
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Arrest: Taking physical custody of a person by lawful authority.
- Commercial driver license: means a Class A, Class B, or Class C driver license issued in accordance with the requirements of this chapter. See Florida Statutes 322.01
- Commercial motor vehicle: means any motor vehicle or motor vehicle combination used on the streets or highways, which:(a) Has a gross vehicle weight rating of 26,001 pounds or more;(b) Is designed to transport more than 15 persons, including the driver; or(c) Is transporting hazardous materials and is required to be placarded in accordance with Florida Statutes 322.01
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means a conviction of an offense relating to the operation of motor vehicles on highways which is a violation of this chapter or any other such law of this state or any other state, including an admission or determination of a noncriminal traffic infraction pursuant to…. See Florida Statutes 322.01
- Court: means any tribunal in this state or any other state, or any federal tribunal, which has jurisdiction over any civil, criminal, traffic, or administrative action. See Florida Statutes 322.01
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of Highway Safety and Motor Vehicles acting directly or through its duly authorized representatives. See Florida Statutes 322.01
- Drive: means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. See Florida Statutes 322.01
- Driver license: means a certificate that, subject to all other requirements of law, authorizes an individual to drive a motor vehicle and denotes an operator's license as defined in Florida Statutes 322.01
- Endorsement: means a special authorization which permits a driver to drive certain types of vehicles or to transport certain types of property or a certain number of passengers. See Florida Statutes 322.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Motor vehicle: means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and electric bicycles as defined in…. See Florida Statutes 322.01
- Motorcycle: means a motor vehicle powered by a motor with a displacement of more than 50 cubic centimeters, having a seat or saddle for the use of the rider, and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor, tri-vehicle, or moped. See Florida Statutes 322.01
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Resident: means a person who has his or her principal place of domicile in this state for a period of more than 6 consecutive months, has registered to vote, has made a statement of domicile pursuant to…. See Florida Statutes 322.01
- State: means a state or possession of the United States, and, for the purposes of this chapter, includes the District of Columbia. See Florida Statutes 322.01
- Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway or operated upon rails or guideway, except a bicycle, motorized wheelchair, or electric bicycle. See Florida Statutes 322.01
(b) A person who violates paragraph (a) commits:1. Upon a first conviction, a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.2. Upon a second conviction, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.3. Upon a third or subsequent conviction, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and the court must order the person to serve a minimum mandatory period of 10 days in jail.The penalties provided in this paragraph do not apply to violations of s. 316.212.
(2)(a) A person who drives a commercial motor vehicle may not receive a driver license unless and until he or she surrenders to the department all driver licenses in his or her possession issued to him or her by any other jurisdiction or makes an affidavit that he or she does not possess a driver license. Any such person who fails to surrender such licenses commits a noncriminal infraction, punishable as a moving violation as set forth in chapter 318. Any such person who makes a false affidavit concerning such licenses commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) All surrendered licenses may be returned by the department to the issuing jurisdiction, together with information that the licensee is now licensed in a new jurisdiction, or may be destroyed by the department, which shall notify the issuing jurisdiction of such destruction. A person may not have more than one valid driver license at any time.
(3) Prior to issuing a driver license, the department shall require any person who has been convicted two or more times of a violation of s. 316.193 or of a substantially similar alcohol-related or drug-related offense outside this state within the preceding 5 years, or who has been convicted of three or more such offenses within the preceding 10 years, to present proof of successful completion of or enrollment in a department-approved substance abuse education course. If the person fails to complete such education course within 90 days after issuance, the department shall cancel the license. Further, prior to issuing the driver license the department shall require such person to present proof of financial responsibility as provided in s. 324.031. For the purposes of this paragraph, a previous conviction for violation of former s. 316.028, former s. 316.1931, or former s. 860.01 shall be considered a previous conviction for violation of s. 316.193.
(4)(a) The department may not issue a commercial driver license to any person who is not a resident of this state.
(b) A resident of this state who is required by the laws of this state to possess a commercial driver license may not operate a commercial motor vehicle in this state unless he or she possesses a valid commercial driver license issued by this state. Except as provided in paragraph (c), any person who violates this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) Any person whose commercial driver license has been expired for a period of 30 days or less and who drives a commercial motor vehicle within this state commits a nonmoving violation, punishable as provided in s. 318.18.
(5) A person may not operate a motorcycle unless he or she holds a driver license that authorizes such operation, subject to the appropriate restrictions and endorsements. A person may operate an autocycle, as defined in s. 316.003, without a motorcycle endorsement.
(6) It is a violation of this section for any person whose driver license has been expired for more than 6 months to operate a motor vehicle on the highways of this state.
(7) A person who is charged with a violation of this section, other than a violation of paragraph (2)(a), may not be convicted if, prior to or at the time of his or her court or hearing appearance, the person produces in court or to the clerk of the court in which the charge is pending a driver license issued to him or her and valid at the time of his or her arrest. The clerk of the court is authorized to dismiss such case at any time prior to the defendant‘s appearance in court. The clerk of the court may assess a fee of $5 for dismissing the case under this subsection.