Fla. Stat. 322.12
Examination of applicants


(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 qualified and who surrenders a valid driver license from another state or a province of Canada, or a valid driver license issued by the United States Armed Forces, if the driver applies for a Florida license of an equal or lesser classification. An applicant who fails to pass the initial knowledge test incurs a $10 fee for each subsequent test, to be deposited into the Highway Safety Operating Trust Fund, except that if a subsequent test is administered by the tax collector, the tax collector shall retain such $10 fee, less the general revenue service charge set forth in s. 215.20(1). An applicant who fails to pass the initial skills test incurs a $20 fee for each subsequent test, to be deposited into the Highway Safety Operating Trust Fund, except that if a subsequent test is administered by the tax collector, the tax collector shall retain such $20 fee, less the general revenue service charge set forth in s. 215.20(1). A person who seeks to retain a hazardous-materials endorsement, pursuant to s. 322.57(1)(e), must pass the hazardous-materials test, upon surrendering his or her commercial driver license, if the person has not taken and passed the hazardous-materials test within 2 years before applying for a commercial driver license in this state.

(2)

The department shall examine every applicant for a driver license, including an applicant who is licensed in another state or country, except as otherwise provided in this chapter. A person who holds a learner’s driver license as provided for in s. 322.1615 is not required to pay a fee for successfully completing the examination showing his or her ability to operate a motor vehicle as provided for herein and need not pay the fee for a replacement license as provided in s. 322.17(2).

(3)

For an applicant for a Class E driver license, such examination shall include all of the following:A test of the applicant’s eyesight given by the driver license examiner designated by the department or by a licensed ophthalmologist, optometrist, or physician.A test of the applicant’s hearing given by a driver license examiner or a licensed physician.A test of the applicant’s ability to read and understand highway signs regulating, warning, and directing traffic; his or her knowledge of the traffic laws of this state, including laws regulating driving under the influence of alcohol or controlled substances, driving with an unlawful blood-alcohol level, and driving while intoxicated; and his or her knowledge of the effects of alcohol and controlled substances upon persons and the dangers of driving a motor vehicle while under the influence of alcohol or controlled substances. At least 25 questions within the bank of test questions must address bicycle and pedestrian safety.An actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle.

(a)

A test of the applicant’s eyesight given by the driver license examiner designated by the department or by a licensed ophthalmologist, optometrist, or physician.

(b)

A test of the applicant’s hearing given by a driver license examiner or a licensed physician.

(c)

A test of the applicant’s ability to read and understand highway signs regulating, warning, and directing traffic; his or her knowledge of the traffic laws of this state, including laws regulating driving under the influence of alcohol or controlled substances, driving with an unlawful blood-alcohol level, and driving while intoxicated; and his or her knowledge of the effects of alcohol and controlled substances upon persons and the dangers of driving a motor vehicle while under the influence of alcohol or controlled substances. At least 25 questions within the bank of test questions must address bicycle and pedestrian safety.

(d)

An actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle.

(4)

The examination for an applicant for a commercial driver license shall include a test of the applicant’s eyesight given by a driver license examiner designated by the department or by a licensed ophthalmologist, optometrist, or physician and a test of the applicant’s hearing given by a driver license examiner or a licensed physician. The examination shall also include a test of the applicant’s ability to read and understand highway signs regulating, warning, and directing traffic; his or her knowledge of the traffic laws of this state pertaining to the class of motor vehicle which he or she is applying to be licensed to operate, including laws regulating driving under the influence of alcohol or controlled substances, driving with an unlawful blood-alcohol level, and driving while intoxicated; his or her knowledge of the effects of alcohol and controlled substances and the dangers of driving a motor vehicle after having consumed alcohol or controlled substances; and his or her knowledge of any special skills, requirements, or precautions necessary for the safe operation of the class of vehicle which he or she is applying to be licensed to operate. In addition, the examination shall include an actual demonstration of the applicant’s ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle or combination of vehicles of the type covered by the license classification which the applicant is seeking, including an examination of the applicant’s ability to perform an inspection of his or her vehicle.The portion of the examination which tests an applicant’s safe driving ability shall be administered by the department or by an entity authorized by the department to administer such examination, pursuant to s. 322.56. Such examination shall be administered at a location approved by the department.A person who seeks to retain a hazardous-materials endorsement must, upon renewal, pass the test for such endorsement as specified in s. 322.57(1)(e), if the person has not taken and passed the hazardous-materials test within 2 years preceding his or her application for a commercial driver license in this state.

(a)

The portion of the examination which tests an applicant’s safe driving ability shall be administered by the department or by an entity authorized by the department to administer such examination, pursuant to s. 322.56. Such examination shall be administered at a location approved by the department.

(b)

A person who seeks to retain a hazardous-materials endorsement must, upon renewal, pass the test for such endorsement as specified in s. 322.57(1)(e), if the person has not taken and passed the hazardous-materials test within 2 years preceding his or her application for a commercial driver license in this state.

(5)(a)

The department shall formulate a separate examination for applicants for licenses to operate motorcycles. Any applicant for a driver license who wishes to operate a motorcycle, and who is otherwise qualified, must successfully complete such an examination, which is in addition to the examination administered under subsection (3). The examination must test the applicant’s knowledge of the operation of a motorcycle and of any traffic laws specifically relating thereto and must include an actual demonstration of his or her ability to exercise ordinary and reasonable control in the operation of a motorcycle. Any applicant who fails to pass the initial knowledge examination will incur a $5 fee for each subsequent examination, to be deposited into the Highway Safety Operating Trust Fund. Any applicant who fails to pass the initial skills examination will incur a $10 fee for each subsequent examination, to be deposited into the Highway Safety Operating Trust Fund. In the formulation of the examination, the department shall consider the use of the Motorcycle Operator Skills Test and the Motorcycle in Traffic Test offered by the Motorcycle Safety Foundation. The department shall indicate on the license of any person who successfully completes the examination that the licensee is authorized to operate a motorcycle. If the applicant wishes to be licensed to operate a motorcycle only, he or she need not take the skill or road test required under subsection (3) for the operation of a motor vehicle, and the department shall indicate such a limitation on his or her license as a restriction. Every first-time applicant for licensure to operate a motorcycle must provide proof of completion of a motorcycle safety course, as provided for in s. 322.0255, before the applicant may be licensed to operate a motorcycle.The department may exempt any applicant from the examination provided in this subsection if the applicant presents a certificate showing successful completion of a course approved by the department, which course includes a similar examination of the knowledge and skill of the applicant in the operation of a motorcycle.This subsection does not apply to the operation of an autocycle, as defined in s. 316.003.

(5)(a)

The department shall formulate a separate examination for applicants for licenses to operate motorcycles. Any applicant for a driver license who wishes to operate a motorcycle, and who is otherwise qualified, must successfully complete such an examination, which is in addition to the examination administered under subsection (3). The examination must test the applicant’s knowledge of the operation of a motorcycle and of any traffic laws specifically relating thereto and must include an actual demonstration of his or her ability to exercise ordinary and reasonable control in the operation of a motorcycle. Any applicant who fails to pass the initial knowledge examination will incur a $5 fee for each subsequent examination, to be deposited into the Highway Safety Operating Trust Fund. Any applicant who fails to pass the initial skills examination will incur a $10 fee for each subsequent examination, to be deposited into the Highway Safety Operating Trust Fund. In the formulation of the examination, the department shall consider the use of the Motorcycle Operator Skills Test and the Motorcycle in Traffic Test offered by the Motorcycle Safety Foundation. The department shall indicate on the license of any person who successfully completes the examination that the licensee is authorized to operate a motorcycle. If the applicant wishes to be licensed to operate a motorcycle only, he or she need not take the skill or road test required under subsection (3) for the operation of a motor vehicle, and the department shall indicate such a limitation on his or her license as a restriction. Every first-time applicant for licensure to operate a motorcycle must provide proof of completion of a motorcycle safety course, as provided for in s. 322.0255, before the applicant may be licensed to operate a motorcycle.

(b)

The department may exempt any applicant from the examination provided in this subsection if the applicant presents a certificate showing successful completion of a course approved by the department, which course includes a similar examination of the knowledge and skill of the applicant in the operation of a motorcycle.

(c)

This subsection does not apply to the operation of an autocycle, as defined in s. 316.003.

Source: Section 322.12 — Examination of applicants, https://www.­flsenate.­gov/Laws/Statutes/2024/0322.­12 (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

§ 322.12. Examination of applicants's source at flsenate​.gov