§ 322.05, Fla. Stat. · Chapter 322. DRIVER LICENSES
Persons not to be licensed.
Text — 2026 Florida Statutes
The department may not issue a license:
(1) To a person who is under the age of 16 years, except that the department may issue a learner’s driver license to a person who is at least 15 years of age and who meets the requirements of ss. 322.091 and 322.1615 and of any other applicable law or rule.
(2) To a person who is at least 16 years of age but is under 18 years of age unless the person meets the requirements of s. 322.091 and holds a valid:
(a) Learner’s driver license for at least 12 months, with no moving traffic convictions, before applying for a license;
(b) Learner’s driver license for at least 12 months and who has a moving traffic conviction but elects to attend a traffic driving school for which adjudication must be withheld pursuant to s. 318.14; or
(c) License that was issued in another state or in a foreign jurisdiction and that would not be subject to suspension or revocation under the laws of this state.
(3) To a person who is at least 16 years of age but who is under 18 years of age, unless the parent, guardian, or other responsible adult meeting the requirements of s. 322.09 certifies that he or she, or another licensed driver 21 years of age or older, has accompanied the applicant for a total of not less than 50 hours’ behind-the-wheel experience, of which not less than 10 hours must be at night. This subsection is not intended to create a private cause of action as a result of the certification. The certification is inadmissible for any purpose in any civil proceeding.
(4) Except as provided by this subsection, to any person, as a Class A licensee, Class B licensee, or Class C licensee, who is under the age of 18 years.
(5) To any person whose license has been suspended, during such suspension, nor to any person whose license has been revoked, until the expiration of the period of revocation imposed under the provisions of this chapter.
(6) To any person, as a commercial motor vehicle operator, whose privilege to operate a commercial motor vehicle has been disqualified, until the expiration of the period of disqualification.
(7) To any person, as a commercial motor vehicle operator, who is ineligible to operate a commercial motor vehicle pursuant to 49 C.F.R. part 383.
(8) To any person who is an habitual drunkard, or is an habitual user of narcotic drugs, or is an habitual user of any other drug to a degree which renders him or her incapable of safely driving a motor vehicle.
(9) To any person who has been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law.
(10) To any person who is required by this chapter to take an examination, unless such person shall have successfully passed such examination.
(11) To any person, when the department has good cause to believe that the operation of a motor vehicle on the highways by such person would be detrimental to public safety or welfare. Deafness alone shall not prevent the person afflicted from being issued a Class E driver license.
(12) To any person who is ineligible under s. 322.056.
(13) To any person, as a commercial motor vehicle operator, who has been convicted of, or has entered a plea of guilty or nolo contendere to, regardless of whether adjudication was withheld, any felony involving human trafficking under state or federal law involving the use of a commercial motor vehicle.
Notes and commentary — not statutory text
History
s. 17, ch. 19551, 1939; CGL 1940 Supp. 4151(631); s. 17, ch. 20451, 1941; s. 2, ch. 21949, 1943; s. 4, ch. 29721, 1955; s. 1, ch. 67-174; ss. 24, 35, ch. 69-106; s. 6, ch. 78-394; ss. 1, 7, ch. 89-112; s. 17, ch. 89-282; s. 6, ch. 90-265; ss. 3, 4, ch. 93-144; s. 396, ch. 95-148; s. 1, ch. 96-414; s. 14, ch. 97-234; s. 3, ch. 2000-239; s. 10, ch. 2001-196; s. 68, ch. 2005-164; s. 40, ch. 2006-290; s. 6, ch. 2017-8; s. 82, ch. 2019-167; s. 11, ch. 2021-187; s. 4, ch. 2024-151.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0322/0322.html
- Text hash
- sha256 c212609dc0ec11b281218e58a120a02d7eada12f087fae4f6dec9a5bb38154bd
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
- composed from the Legislature's structured HTML (one source of text; no PDF extraction); a second, independent reading of the same bytes agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- § 318.14, Fla. Stat.Noncriminal traffic infractions; exception; procedures.Printed as s. 318.14
- § 322.056, Fla. Stat.Mandatory revocation or suspension of, or delay of eligibility for, driver license for persons under age 18 found guilty of drug offenses; prohibition.Printed as s. 322.056
- § 322.09, Fla. Stat.Application of minors; responsibility for negligence or misconduct of minor.Printed as s. 322.09
- § 322.091, Fla. Stat.Attendance requirements.Printed as s. 322.091; ss. 322.091 and 322.1615
Cited by 1 provision
Provisions in this library whose text cites § 322.05, Fla. Stat.. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.