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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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An act relating to driving without a valid driver 2
license; amending s. 322.03, F.S.; revising penalties 3
for the offense of driving without a valid driver 4
license; requiring a specified minimum jail sentence 5
for a third or subsequent conviction of such offense; 6
providing applicability; amending ss. 322.15 and 7
322.291, F.S.; conforming cross -references; providing 8
an effective date. 9
10
Be It Enacted by the L egislature of the State of Florida: 11
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Section 1. Section 322.03, Florida Statutes, is amended to 13
read: 14
322.03 Drivers must be licensed; penalties. — 15
(1)(a) Except as otherwise authorized in this chapter, a 16
person may not drive any motor vehicle upon a highway in this 17
state unless such person has a valid driver license issued under 18
this chapter. 19
(b) A person who violates paragraph (a) commits: 20
1. Upon a first conviction, a misdemeanor of the second 21
degree, punishable as provided in s. 775.082 or s. 775.083. 22
2. Upon a second conviction, a misdemeanor of the first 23
degree, punishable as provided in s. 775.082 or s. 775.083. 24
3. Upon a third or subsequent conviction, a misdemeanor of 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the first degree, punishable as provided in s. 775.082 or s. 26
775.083, and the court must order the person to serve a minimum 27
mandatory period of 10 days in jail. 28
29
The penalties provided in this paragraph do not apply to 30
violations of s. 316.212. 31
(2)(a) A person who drives a commercial motor vehicle may 32
not receive a driver license unless and until he or she 33
surrenders to the department all driver licenses in his or her 34
possession issued to him or her by any other jurisdiction or 35
makes an affidavit that he or she does not possess a driver 36
license. Any such person who fail s to surrender such licenses 37
commits a noncriminal infraction, punishable as a moving 38
violation as set forth in chapter 318. Any such person who makes 39
a false affidavit concerning such licenses commits a misdemeanor 40
of the first degree, punishable as provi ded in s. 775.082 or s. 41
775.083. 42
(b) All surrendered licenses may be returned by the 43
department to the issuing jurisdiction together with information 44
that the licensee is now licensed in a new jurisdiction or may 45
be destroyed by the department, which sha ll notify the issuing 46
jurisdiction of such destruction. A person may not have more 47
than one valid driver license at any time. 48
(3)(2) Prior to issuing a driver license, the department 49
shall require any person who has been convicted two or more 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
times of a violation of s. 316.193 or of a substantially similar 51
alcohol-related or drug-related offense outside this state 52
within the preceding 5 years, or who has been convicted of three 53
or more such offenses within the preceding 10 years, to present 54
proof of successful completion of or enrollment in a department -55
approved substance abuse education course. If the person fails 56
to complete such education course within 90 days after issuance, 57
the department shall cancel the license. Further, prior to 58
issuing the driver license the department shall require such 59
person to present proof of financial responsibility as provided 60
in s. 324.031. For the purposes of this paragraph, a previous 61
conviction for violation of former s. 316.028, former s. 62
316.1931, or former s. 860.01 s hall be considered a previous 63
conviction for violation of s. 316.193. 64
(4)(3)(a) The department may not issue a commercial driver 65
license to any person who is not a resident of this state. 66
(b) A resident of this state who is required by the laws 67
of this state to possess a commercial driver license may not 68
operate a commercial motor vehicle in this state unless he or 69
she possesses a valid commercial driver license issued by this 70
state. Except as provided in paragraph (c), any person who 71
violates this paragraph commits is guilty of a misdemeanor of 72
the first degree, punishable as provided in s. 775.082 or s. 73
775.083. 74
(c) Any person whose commercial driver license has been 75
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expired for a period of 30 days or less and who drives a 76
commercial motor veh icle within this state commits is guilty of 77
a nonmoving violation, punishable as provided in s. 318.18. 78
(5)(4) A person may not operate a motorcycle unless he or 79
she holds a driver license that authorizes such operation, 80
subject to the appropriate restri ctions and endorsements. A 81
person may operate an autocycle, as defined in s. 316.003, 82
without a motorcycle endorsement. 83
(6)(5) It is a violation of this section for any person 84
whose driver license has been expired for more than 6 months to 85
operate a motor vehicle on the highways of this state. 86
(7)(6) A person who is charged with a violation of this 87
section, other than a violation of paragraph (2)(a) of 88
subsection (1), may not be convicted if, prior to or at the time 89
of his or her court or hearing appear ance, the person produces 90
in court or to the clerk of the court in which the charge is 91
pending a driver license issued to him or her and valid at the 92
time of his or her arrest. The clerk of the court is authorized 93
to dismiss such case at any time prior to the defendant's 94
appearance in court. The clerk of the court may assess a fee of 95
$5 for dismissing the case under this subsection. 96
Section 2. Subsection (3) of section 322.15, Florida 97
Statutes, is amended to read: 98
322.15 License to be carried and exhi bited on demand; 99
fingerprint to be imprinted upon a citation. — 100
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(3) In relation to violations of subsection (1) or s. 101
322.03(6) s. 322.03(5), persons who cannot supply proof of a 102
valid driver license for the reason that the license was 103
suspended for failure to comply with that citation shall be 104
issued a suspension clearance by the clerk of the court for that 105
citation upon payment of the applicable penalty and fee for that 106
citation. If proof of a valid driver license is not provided to 107
the clerk of the cour t within 30 days, the person's driver 108
license shall again be suspended for failure to comply. 109
Section 3. Section 322.291, Florida Statutes, is amended 110
to read: 111
322.291 Driver improvement schools or DUI programs; 112
required in certain suspension and rev ocation cases.—Except as 113
provided in s. 322.03(3) s. 322.03(2), any person: 114
(1) Whose driving privilege has been revoked: 115
(a) Upon conviction for: 116
1. Driving, or being in actual physical control of, any 117
vehicle while under the influence of alcoholic beverages, any 118
chemical substance set forth in s. 877.111, or any substance 119
controlled under chapter 893, in violation of s. 316.193; 120
2. Driving with an unlawful blood - or breath-alcohol 121
level; 122
3. Manslaughter resulting from the operation of a motor 123
vehicle; 124
4. Failure to stop and render aid as required under the 125
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laws of this state in the event of a motor vehicle crash 126
resulting in the death or personal injury of another; 127
5. Reckless driving; or 128
(b) As a habitual offender; 129
(c) Upon direction of the court, if the court feels that 130
the seriousness of the offense and the circumstances surrounding 131
the conviction warrant the revocation of the licensee's driving 132
privilege; or 133
(2) Whose license was suspended under the point system, 134
was suspended for dr iving with an unlawful blood -alcohol level 135
of 0.10 percent or higher before January 1, 1994, was suspended 136
for driving with an unlawful blood -alcohol level of 0.08 percent 137
or higher after December 31, 1993, was suspended for a violation 138
of s. 316.193(1), or was suspended for refusing to submit to a 139
lawful breath, blood, or urine test as provided in s. 322.2615 140
141
shall, before the driving privilege may be reinstated, present 142
to the department proof of enrollment in a department -approved 143
advanced driver improv ement course operating pursuant to s. 144
318.1451 or a substance abuse education course conducted by a 145
DUI program licensed pursuant to s. 322.292, which shall include 146
a psychosocial evaluation and treatment, if referred. 147
Additionally, for a third or subseque nt violation of 148
requirements for installation of an ignition interlock device, a 149
person must complete treatment as determined by a licensed 150
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treatment agency following a referral by a DUI program and have 151
the duration of the ignition interlock device requir ement 152
extended by at least 1 month up to the time period required to 153
complete treatment. If the person fails to complete such course 154
or evaluation within 90 days after reinstatement, or 155
subsequently fails to complete treatment, if referred, the DUI 156
program shall notify the department of the failure. Upon receipt 157
of the notice, the department shall cancel the offender's 158
driving privilege, notwithstanding the expiration of the 159
suspension or revocation of the driving privilege. The 160
department may temporarily r einstate the driving privilege upon 161
verification from the DUI program that the offender has 162
completed the education course and evaluation requirement and 163
has reentered and is currently participating in treatment. If 164
the DUI program notifies the department of the second failure to 165
complete treatment, the department shall reinstate the driving 166
privilege only after notice of completion of treatment from the 167
DUI program. 168
Section 4. This act shall take effect July 1, 2024. 169