Fla. Stat. 322.03
Drivers must be licensed; penalties


(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.A person who violates paragraph (a) commits:
Upon a first conviction, a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Upon a second conviction, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
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.

(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:Upon a first conviction, a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.Upon a second conviction, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.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.

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.

(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.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.

(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.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.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.

(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.

Source: Section 322.03 — Drivers must be licensed; penalties, https://www.­flsenate.­gov/Laws/Statutes/2024/0322.­03 (accessed Aug. 7, 2025).

322.01
Definitions
322.03
Drivers must be licensed
322.04
Persons exempt from obtaining driver license
322.05
Persons not to be licensed
322.07
Instruction permits and temporary licenses
322.09
Application of minors
322.10
Release from liability
322.11
Revocation of license upon death of person signing minor’s application
322.12
Examination of applicants
322.13
Driver license examiners
322.14
Licenses issued to drivers
322.15
License to be carried and exhibited on demand
322.015
Exemption
322.16
License restrictions
322.17
Replacement licenses and permits
322.18
Original applications, licenses, and renewals
322.20
Records of the department
322.21
License fees
322.22
Authority of department to cancel or refuse to issue or renew license
322.23
Suspending privileges of nonresidents and reporting convictions
322.24
Suspending resident’s license upon conviction in another state
322.25
When court to forward license to department and report convictions
322.025
Driver improvement
322.26
Mandatory revocation of license by department
322.27
Authority of department to suspend or revoke driver license or identification card
322.28
Period of suspension or revocation
322.29
Surrender and return of license
322.30
No operation under foreign license during suspension, revocation, or disqualification in this state
322.31
Right of review
322.031
Nonresident
322.32
Unlawful use of license
322.032
Digital proof of driver license or identification card
322.33
Making false affidavit perjury
322.34
Driving while license suspended, revoked, canceled, or disqualified
322.35
Permitting unauthorized minor to drive
322.36
Permitting unauthorized operator to drive
322.37
Employing unlicensed driver
322.38
Renting motor vehicle to another
322.39
Penalties
322.41
Local issuance of driver licenses prohibited
322.42
Construction of chapter
322.43
Short title
322.44
Driver License Compact
322.45
Department of Highway Safety and Motor Vehicles
322.46
Compact administrator
322.47
Executive head defined
322.48
Review of employee’s acts
322.49
Short title
322.50
Nonresident Violator Compact
322.51
Short title
322.051
Identification cards
322.52
Conflict with other laws
322.53
License required
322.54
Classification
322.055
Revocation or suspension of, or delay of eligibility for, driver license for persons 18 years of age or older convicted of certain drug offenses
322.56
Contracts for administration of driver license examination
322.056
Mandatory revocation or suspension of, or delay of eligibility for, driver license for persons under age 18 found guilty of drug offenses
322.57
Tests of knowledge concerning specified vehicles
322.058
Suspension of driving privilege due to support delinquency
322.59
Possession of medical examiner’s certificate
322.059
Mandatory surrender of suspended driver license and registration
322.61
Disqualification from operating a commercial motor vehicle
322.62
Driving under the influence
322.63
Alcohol or drug testing
322.64
Holder of commercial driver license
322.65
Driver license record exchange
322.065
Driver license expired for 6 months or less
322.66
Vehicles permitted to be driven during driving skills tests
322.70
Transactions by electronic or telephonic means
322.71
Investigations
322.75
Driver License Reinstatement Days
322.76
Clerk of Court Driver License Reinstatement Pilot Program in Miami-Dade County
322.081
Requests to establish voluntary checkoff on driver license application
322.091
Attendance requirements
322.095
Traffic law and substance abuse education program for driver license applicants
322.125
Medical Advisory Board
322.126
Report of disability to department
322.135
Driver license agents
322.141
Color or markings of certain licenses or identification cards
322.142
Color photographic or digital imaged licenses
322.143
Use of a driver license or identification card
322.161
High-risk drivers
322.201
Records as evidence
322.202
Admission of evidence obtained from the Division of Motorist Services
322.212
Unauthorized possession of, and other unlawful acts in relation to, driver license or identification card
322.221
Department may require reexamination
322.222
Right to review
322.245
Suspension of license upon failure of person charged with specified offense under chapter 316, chapter 320, or this chapter to comply with directives ordered by traffic court or upon failure to pay child support in non-IV-D cases as provided in chapter 61 or failure to pay any financial obligation in any other criminal case
322.251
Notice of cancellation, suspension, revocation, or disqualification of license
322.0255
Florida Motorcycle Safety Education Program
322.0261
Driver improvement course
322.263
Legislative intent
322.264
“Habitual traffic offender” defined
322.271
Authority to modify revocation, cancellation, or suspension order
322.272
Supersedeas
322.273
Penalty
322.274
Automatic revocation of driver license
322.276
Out-of-state sanctions
322.282
Procedure when court revokes or suspends license or driving privilege and orders reinstatement
322.283
Commencement of period of suspension or revocation for incarcerated offenders
322.291
Driver improvement schools or DUI programs
322.292
DUI programs supervision
322.293
DUI programs
322.341
Driving while license permanently revoked
322.391
Failure of person charged with misdemeanor under this chapter to comply with court-ordered directives
322.0515
Department to forward certain information to federal Selective Service System
322.591
Commercial driver license and temporary commercial instruction permit
322.0602
Youthful Drunk Driver Visitation Program
322.1615
Learner’s driver license
322.2505
Court to forward license of person adjudicated incapacitated to department
322.2615
Suspension of license
322.2616
Suspension of license
322.2715
Ignition interlock device
322.26151
Review of materials submitted by law enforcement officer

Current through Fall 2025

§ 322.03. Drivers must be licensed; penalties's source at flsenate​.gov