Florida Statute 322.04 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

View Entire Chapter

322.04 Persons exempt from obtaining driver license.—

(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 driving or operating any road machine, farm tractor, or implement of husbandry temporarily operated or moved on a highway.

(c) A nonresident who is at least 16 years of age and who has in his or her immediate possession a valid noncommercial driver license issued to the nonresident in his or her home state or country operating a motor vehicle of the type for which a Class E driver license is required in this state, if the nonresident’s license is not invalid under s. 322.033 relating to proof of the licensee’s lawful presence in the United States.

(d) A nonresident who is at least 18 years of age and who has in his or her immediate possession a valid noncommercial driver license issued to the nonresident in his or her home state or country operating a motor vehicle, other than a commercial motor vehicle, in this state, if the nonresident’s license is not invalid under s. 322.033 relating to proof of the licensee’s lawful presence in the United States.

(e) A person 18 years of age or older operating a golf cart, as defined in s. 320.01, which is operated in accordance with s. 316.212.

(2) This section does not apply to any person to whom s. 322.031 applies.

(3) Any person working for a firm under contract to the United States Government whose residence is outside this state and whose main point of employment is outside this state may drive a noncommercial vehicle on the public roads of this state for periods up to 60 days while in this state on temporary duty, if the person has a valid driver license from the state of the person’s residence and if the license is not invalid under s. 322.033 relating to proof of the licensee’s lawful presence in the United States.

History.—s. 16, ch. 19551, 1939; CGL 1940 Supp. 4151(630); s. 16, ch. 20451, 1941; s. 1, ch. 21949, 1943; s. 3, ch. 29721, 1955; s. 1, ch. 59-315; s. 1, ch. 61-124; s. 1, ch. 69-186; s. 5, ch. 78-394; s. 2, ch. 84-111; s. 45, ch. 87-198; s. 34, ch. 89-282; s. 5, ch. 91-243; s. 395, ch. 95-148; s. 32, ch. 95-333; s. 45, ch. 2012-181; s. 1, ch. 2013-1; s. 4, ch. 2023-40; s. 2, ch. 2023-67.

F.S. 322.04 on Google Scholar

F.S. 322.04 on CourtListener

Amendments to 322.04

Annotations, Discussions, Cases:

Cases Citing Statute 322.04

Total Results: 7 | Sort by: Relevance | Newest First

Copy

Paul Stephens v. Nick Degiovanni, individually, 852 F.3d 1298 (11th Cir. 2017).

Cited 155 times | Published | Court of Appeals for the Eleventh Circuit | 2017 U.S. App. LEXIS 5548, 2017 WL 1174381

driver license] in this state." Fla. Stat. § 322.04(l)(d) (emphasis added). 7 . Among

Copy

Crain v. State, 79 So. 3d 118 (Fla. 1st DCA 2012).

Cited 6 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 812, 2012 WL 181453

...never actually had or been issued a driver's license. The state does not argue otherwise. [4] Mr. Crain concedes that one can obtain the privilege to drive in Florida via a statutory exemption pursuant to section 322.031, Florida Statutes (2009) or section 322.04, Florida Statutes (2009), but argues that, because Mr....

Copy

John Eugene Williams, III v. State of Florida, 244 So. 3d 356 (Fla. Dist. Ct. App. 2018).

Cited 1 times | Published | District Court of Appeal of Florida

or foreign), and who is not exempt under section 322.04, have a ‘driving privilege’ in the State

Copy

Ago (Fla. Att'y Gen. 2004).

Published | Florida Attorney General Reports

provisions of Chapter 322, Florida Statutes.3 Section 322.04, Florida Statutes, however, enumerates several

Copy

Ago (Fla. Att'y Gen. 2002).

Published | Florida Attorney General Reports

1981). 8 262 So.2d 661, 668 (Fla. 1972). 9 Section 322.04(1)(e), Fla. Stat. 10 Section 316.212(6), Fla

Copy

Marrero v. State, 921 So. 2d 748 (Fla. 5th DCA 2006).

Published | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 1998, 2006 WL 358233

exempted from that general require*750ment by section 322.04(l)(b), Florida Statutes (2004), which provides

Copy

Ago (Fla. Att'y Gen. 1978).

Published | Florida Attorney General Reports

highways without a valid Florida driver's license. Section 322.04(1)(c), F. S., specifically provides an exemption

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.