Florida Statute 322.38 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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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

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Amendments to 322.38

Annotations, Discussions, Cases:

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

Cases Citing Statute 322.38

Total Results: 2 | Sort by: Relevance | Newest First

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Jackson by & Through Whitaker v. Hertz Corp., 590 So. 2d 929 (Fla. 3d DCA 1991).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 1990 WL 191953

...procedure. Based on the evidence presented, even if the woman posing as Linda Major did not possess a valid driver's license, Hertz's handling of the transaction was not negligent. We likewise conclude that Hertz was not negligent under the terms of section 322.38(2), Florida Statutes (1985). [2] There is no evidence that a rental car company has ever been charged with a violation of section 322.38(2) in a case where, as here, rental was made to a person with a credit card but no driver's license who was accompanied by someone with a valid license. Moreover, based on the uncontroverted testimony regarding a common rental industry practice and because a valid driver's license was presented and inspected, we conclude that Hertz complied with section 322.38(2) and was not negligent....

...1966) (there is a causal relation between the negligence of the dealer in allowing the thief to take possession of the car and the injuries inflicted by the thief so as to render the dealer liable). Violation Of Statute Is Prima Facie Evidence Of Negligence Section 322.38(2), Florida Statutes (1985), mandates that "[n]o person shall rent a motor vehicle to another, until he has inspected the operator's or chauffeur's license of the person to whom the vehicle is to be rented, and compared and verified th...

...In this case, Hertz did not check the driver's license of the woman purporting to be Linda Major; rather, Hertz recorded only the driver's license of the woman's companion, Mr. Lawrence King. [2] There is no question that Hertz's handling of the transaction violated section 322.38(2)....

...I agree with the court that the question certified is one of great public importance. NOTES [1] The Metro Dade Police Department Auto Theft Division requires that rental car companies send a certified letter to the renter of each vehicle before any vehicle can be reported as stolen. [2] Section 322.38(2) provides that: "No person shall rent a motor vehicle to another, until he has inspected the operator's or chauffeur's license of the person to whom the vehicle is to be rented, and compared and verified the signature thereon with the signature of such person written in his presence." [3] Even if Hertz had violated the terms of section 322.38(2), its failure to comply with this penal statute was not the proximate cause of the plaintiff's injury....

...419, 268 A.2d 364 (1970), is a nisi prius interpretation of the term "bailee" in a similarly non-analogous New Jersey statute. [13] Although we are inclined to agree with the view expressed in footnote 3 of the majority panel opinion that no action arises out of an alleged violation of § 322.38(2) because the harm or risk sought to be prevented by the statute does not include the fact that the defrauder may operate the vehicle negligently and thus damage the plaintiff, see de Jesus v....

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Rivers v. Hertz Corp., 121 So. 3d 1078 (Fla. 3d DCA 2013).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2013 WL 3927688, 2013 Fla. App. LEXIS 12011

general negligence claim “bootstraps” onto section 322.38. Duty The threshold issue in this case is

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.