(1)(a) The application of any person under the age of 18 years for a driver license must be signed and verified before a person authorized to administer oaths by the father, mother, or guardian; by a secondary guardian if the primary guardian dies before the minor reaches 18 years of age; or, if there is no parent or guardian, by another responsible adult who is willing to assume the obligation imposed under this chapter upon a person signing the application of a minor. This section does not apply to a person under the age of 18 years who is emancipated by marriage.
(b) There shall be submitted with each application a certified copy of a United States birth certificate, a valid United States passport, an alien registration receipt card (green card), an employment authorization card issued by the United States Department of Homeland Security, or proof of nonimmigrant classification provided by the United States Department of Homeland Security, for an original license.
(2) Any negligence or willful misconduct of a minor under the age of 18 years when driving a motor vehicle upon a highway shall be imputed to the person who has signed the application of such minor for a permit or license, which person shall be jointly and severally liable with such minor for any damages caused by such negligence or willful misconduct.
(3) The department may not issue a driver license or learner’s driver license to any applicant under the age of 18 years who is not in compliance with the requirements of s. 322.091.
(4) Notwithstanding subsections (1) and (2), if a caregiver of a minor who is under the age of 18 years and is in out-of-home care as defined in s. 39.01(55), an authorized representative of a residential group home at which such a minor resides, the caseworker at the agency at which the state has placed the minor, or a guardian ad litem specifically authorized by the minor’s caregiver to sign for a learner’s driver license signs the minor’s application for a learner’s driver license, that caregiver, group home representative, caseworker, or guardian ad litem does not assume any obligation or become liable for any damages caused by the negligence or willful misconduct of the minor by reason of having signed the application. Before signing the application, the caseworker, authorized group home representative, or guardian ad litem shall notify the caregiver or other responsible party of his or her intent to sign and verify the application.
(5) Notwithstanding the provisions of subsections (1) and (2), a caseworker at the agency at which the state has placed a minor in foster care may sign the minor’s application for a driver license pursuant to a court-approved transition plan. Before signing the application, the caseworker shall notify the foster parent or other responsible party of the intent to sign and verify the application. The caseworker does not assume any obligation or become liable for any damages caused by the negligence or willful misconduct of the minor by reason of having signed the application.
History.—s. 21, ch. 19551, 1939; CGL 1940 Supp. 4151(635); s. 21, ch. 20451, 1941; s. 1, ch. 29671, 1955; s. 1, ch. 77-373; s. 9, ch. 78-394; ss. 3, 7, ch. 89-112; ss. 3, 4, ch. 93-144; s. 2, ch. 96-414; s. 15, ch. 97-234; s. 75, ch. 99-248; s. 1, ch. 2001-83; s. 29, ch. 2004-5; s. 72, ch. 2005-164; s. 1, ch. 2007-147; s. 4, ch. 2017-8; s. 14, ch. 2018-103; s. 45, ch. 2019-3.
Structure Florida Statutes
322.02 - Legislative Intent; Administration.
322.0255 - Florida Motorcycle Safety Education Program.
322.03 - Drivers Must Be Licensed; Penalties.
322.031 - Nonresident; When License Required.
322.032 - Digital Proof of Driver License or Identification Card.
322.04 - Persons Exempt From Obtaining Driver License.
322.05 - Persons Not to Be Licensed.
322.051 - Identification Cards.
322.058 - Suspension of Driving Privilege Due to Support Delinquency; Reinstatement.
322.059 - Mandatory Surrender of Suspended Driver License and Registration.
322.0602 - Youthful Drunk Driver Visitation Program.
322.065 - Driver License Expired for 6 Months or Less; Penalties.
322.07 - Instruction Permits and Temporary Licenses.
322.08 - Application for License; Requirements for License and Identification Card Forms.
322.081 - Requests to Establish Voluntary Checkoff on Driver License Application.
322.09 - Application of Minors; Responsibility for Negligence or Misconduct of Minor.
322.091 - Attendance Requirements.
322.095 - Traffic Law and Substance Abuse Education Program for Driver License Applicants.
322.10 - Release From Liability.
322.11 - Revocation of License Upon Death of Person Signing Minor’s Application.
322.12 - Examination of Applicants.
322.121 - Periodic Reexamination of All Drivers.
322.125 - Medical Advisory Board.
322.126 - Report of Disability to Department; Content; Use.
322.13 - Driver License Examiners.
322.135 - Driver License Agents.
322.14 - Licenses Issued to Drivers.
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.
322.15 - License to Be Carried and Exhibited on Demand; Fingerprint to Be Imprinted Upon a Citation.
322.16 - License Restrictions.
322.161 - High-Risk Drivers; Restricted Licenses.
322.1615 - Learner’s Driver License.
322.17 - Replacement Licenses and Permits.
322.18 - Original Applications, Licenses, and Renewals; Expiration of Licenses; Delinquent Licenses.
322.19 - Change of Address or Name.
322.20 - Records of the Department; Fees; Destruction of Records.
322.201 - Records as Evidence.
322.202 - Admission of Evidence Obtained From the Division of Motorist Services.
322.21 - License Fees; Procedure for Handling and Collecting Fees.
322.22 - Authority of Department to Cancel or Refuse to Issue or Renew License.
322.221 - Department May Require Reexamination.
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.
322.2505 - Court to Forward License of Person Adjudicated Incapacitated to Department.
322.251 - Notice of Cancellation, Suspension, Revocation, or Disqualification of License.
322.26 - Mandatory Revocation of License by Department.
322.2615 - Suspension of License; Right to Review.
322.26151 - Review of Materials Submitted by Law Enforcement Officer.
322.2616 - Suspension of License; Persons Under 21 Years of Age; Right to Review.
322.264 - “Habitual Traffic Offender” Defined.
322.27 - Authority of Department to Suspend or Revoke Driver License or Identification Card.
322.271 - Authority to Modify Revocation, Cancellation, or Suspension Order.
322.2715 - Ignition Interlock Device.
322.274 - Automatic Revocation of Driver License.
322.276 - Out-of-State Sanctions; Issuance of License.
322.28 - Period of Suspension or Revocation.
322.283 - Commencement of Period of Suspension or Revocation for Incarcerated Offenders.
322.29 - Surrender and Return of License.
322.292 - Dui Programs Supervision; Powers and Duties of the Department.
322.293 - Dui Programs; Assessment; Disposition.
322.32 - Unlawful Use of License.
322.33 - Making False Affidavit Perjury.
322.34 - Driving While License Suspended, Revoked, Canceled, or Disqualified.
322.341 - Driving While License Permanently Revoked.
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.
322.41 - Local Issuance of Driver Licenses Prohibited.
322.42 - Construction of Chapter.
322.44 - Driver License Compact.
322.45 - Department of Highway Safety and Motor Vehicles; Duty.
322.46 - Compact Administrator.
322.47 - Executive Head Defined.
322.48 - Review of Employee’s Acts.
322.50 - Nonresident Violator Compact.
322.52 - Conflict With Other Laws.
322.53 - License Required; Exemptions.
322.56 - Contracts for Administration of Driver License Examination.
322.57 - Tests of Knowledge Concerning Specified Vehicles; Endorsement; Nonresidents; Violations.
322.59 - Possession of Medical Examiner’s Certificate.
322.61 - Disqualification From Operating a Commercial Motor Vehicle.
322.62 - Driving Under the Influence; Commercial Motor Vehicle Operators.
322.63 - Alcohol or Drug Testing; Commercial Motor Vehicle Operators.
322.65 - Driver License Record Exchange.
322.66 - Vehicles Permitted to Be Driven During Driving Skills Tests.