Fla. Std. Jury Instr. (Crim.) 28.9

§ 322.03, Fla. Stat.

To prove the crime of No Valid Driver License, the State must prove the following two elements beyond a reasonable doubt:

1. (Defendant) drove a motor vehicle upon a highway in this state.

2. At the time, [he] [she] did not have a valid driver license recognized by the Department of Highway Safety and Motor Vehicles of the State of Florida.

§ 322.01, Fla. Stat.

“Drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic.

§ 322.01, Fla. Stat. Some of these terms (such as “vehicle” and electric bicycle”) have their own statutory definitions, which should be given if necessary.

“Motor vehicle” means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power[, motorized wheelchairs, and electric bicycles].

“Valid driver license” means a driver license recognized by the Department of Highway Safety and Motor Vehicles that has not expired, been suspended, revoked, or canceled, or is not in “suspension or revocation equivalent status.”

§ 322.01, Fla. Stat.

“Highway” means the entire width between the boundary lines of every way or place if any part thereof is open to the use of the public for purposes of vehicular traffic.

§ 322.03, Fla. Stat.

“Expired” means the license was not renewed on or before the expiration date and more than 6 months have passed since the expiration date.

§ 322.01, Fla. Stat.

“Suspended” means the privilege to drive a motor vehicle has been temporarily withdrawn.

“Revoked” means the privilege to drive a motor vehicle has been terminated.

“Canceled” means that a license has been declared void and terminated.

“Suspension or revocation equivalent status” is a designation for a person who does not have a driver license or driving privilege but would qualify for suspension or revocation of his or her driver license or driving privilege if licensed.

The option of “on a vehicle” pertains to a vehicle such as a motorcycle.

“Actual physical control” of a motor vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time.

Lesser Included Offense

NO VALID DRIVER LICENSE — 322.03

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

None

Attempt

777.04(1)

5.1