Fla. Stat. § 322.38
outside the civil frameworkverifiedRenting motor vehicle to another
How Florida classifies this section
s. 322.38 is not within § 318.14(1)'s noncriminal-infraction list
This section is outside the list § 318.14(1) makes noncriminal, and outside chapter 316 — so the civil pay/school/hearing election does not attach to it by that route. Charges under it proceed under the charged statute's own terms (many are criminal traffic offenses). The verbatim text below, when in the corpus, is what controls; a licensed attorney is the right reader for a charge in this lane.
The statute, verbatim
322.38 Renting motor vehicle to another. — (1) A person may not rent a motor vehicle to any other person unless the other person is duly licensed or, if a nonresident, is licensed under the laws of the state or country of his or her residence, except a nonresident whose home state or country does not require that an operator be licensed. (2) A person may not rent a motor vehicle to another until he or she has inspected the driver license of the person to whom the vehicle is to be rented and has verified that the driver license is unexpired. (3) Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address of the person to whom the vehicle is rented, the number of the license of said latter person, and the place where the license was issued. Such record shall be open to inspection by any police officer, or officer or employee of the department. (4) If a rental car company rents a motor vehicle to a person through digital, electronic, or other means which allows the renter to obtain possession of the motor vehicle without direct contact with an agent or employee of the rental car company, or if the renter does not execute a rental contract at the time he or she takes possession of the vehicle, the rental car company is deemed to have met all obligations of subsections (1) and (2) when the rental car company, at the time the renter enrolls in a membership program, master agreement, or other means of establishing use of the rental car company’s services, or any time thereafter, requires the renter to verify that he or she is duly licensed and that the license is unexpired. History. — s. 50, ch. 19551, 1939; CGL 1940 Supp. 4151(661); s. 50, ch. 20451, 1941; s. 49, ch. 89-282; s. 422, ch. 95-148; s. 7, ch. 2019-169.
sha256 7229875c80ad83704e26361774b79568… · 2025 Fla. Stat., dual fetch-path pipeline · permanent corpus page →
Which text, as of when
2025 Florida Statuteslast amended 2019Decoded against the 2025 Florida Statutes as ingested — dual fetch-path verified, hash-pinned. Session laws amend sections on their own effective dates; the 2026 Laws of Florida are indexed as the corpus's overlay.
History. — s. 50, ch. 19551, 1939; CGL 1940 Supp. 4151(661); s. 50, ch. 20451, 1941; s. 49, ch. 89-282; s. 422, ch. 95-148; s. 7, ch. 2019-169.
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Is section 322.38 a traffic infraction?
This section is outside the list § 318.14(1) makes noncriminal, and outside chapter 316 — so the civil pay/school/hearing election does not attach to it by that route. Charges under it proceed under the charged statute's own terms (many are criminal traffic offenses). The verbatim text below, when in the corpus, is what controls; a licensed attorney is the right reader for a charge in this lane.
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