Client Failed to Obtain Florida Driver’s License after Relocating

No Conviction

Defendant had been living and working in Florida for more than 30 days and failed to obtain a Florida Driver’s License. Defendant was arrested for Nonresident; When License Required.

Nonresident When License Required

Under Florida Statutes, 322.031, a nonresident of Florida is required to obtain a Florida driver’s license within 30 days if they have accepted employment or engage in trades, profession or occupation wit in the state.  They should also obtain a license if they have registered their children in the public school systems of Florida.

Who Is Considered a Resident of Florida?

You will be considered a resident of Florida if:

  • You registered to vote in Florida
  • Enroll your child(ren) into public schools
  • Accept employment in the state
  • Live in Florida for more than 6 consecutive months
  • File for a Homestead exemption

How To Obtain a License in Florida

If you meet any of the criteria above, you will need to obtain a Florida driver’s license.  Under the current law, anyone that is obtaining a driver’s license in the state will need proof of their legal name, lawful presence, their social security number, and two forms of address proof.  You will also need documents if your name has ever changed due to a marriage or divorce.

Documents that will be needed to show proof of legal name will be a valid US passport, a US birth certificate, certificate of naturalization, or a certificate of citizenship.  Proof of social security could be your social security card, a paycheck stub, any 1099 that is not handwritten, or a W2 form, also not handwritten. Proof of address documentation can include selective service card, a deed mortgage or monthly mortgage statement, utility bill, automobile payment booklet, medical or health card, current automobile insurance statement, or a Florida registration vehicle or title.  These documents should be brought with you to the nearest DMV office. It may be best for you to call ahead to make an appointment so you do not have to wait as long.

If your current driver’s license if from any of the US states, and is valid, you will not need to take the DMV knowledge test.  You will, however, have to take the vision test. If you do not have a current driver’s license, you will be required to take the written test and may also have to pass a driving test.

The state of Florida realizes that sometimes it is not possible to obtain all of these records within 30 days.  You may then be issued a 60-day temporary permit, as long as your out of state license is valid.

Musca Law Attorney Services

If you have been charged with a nonresident when a license is required, consider contacting Musca Law.  We can negotiate in your best interest to have charges dropped or reduced. With over 130 years of experience, we are able to fight for your rights and get you the justice you deserve.


RESULT: The Attorney successfully negotiated a plea and our Client did NOT get convicted.