Florida Statute 322.16is titled License restrictions. Here it states in subsection 2 that a person who holds a driver's license and who is under 17 years of age, when operating a motor vehicle after 11 p.m. and before 6 a.m., must be accompanied by a driver who holds a valid license to operate the type of vehicle being operated and is at least 21 years of age unless that person is driving directly to or from work.

Subsection 3 goes on to say that a person who holds a driver's license who is 17 years of age, when operating a motor vehicle after 1 a.m. and before 5 a.m., must be accompanied by a driver who holds a valid license to operate the type of vehicle being operated, and is at least 21 years of age unless that person is driving directly to or from work.

Subsection 6 gives the penalty for breaking these permit restrictions by stating that any person who operates a motor vehicle in violation of the restrictions imposed in subsection (2) or subsection (3) will be charged with a moving violation and fined in accordance with chapter 318.

The FL statute for a learner's license is similar and can be found at 322.165. It also notes that violating the restrictions placed on a learner's license makes the driver subject to the civil penalty imposed for a moving violation as set forth in chapter 318.

Under statute 318.14 it is noted that for non-criminal traffic infractions an official may impose a civil penalty not to exceed $500.

Keep in mind while it does not appear that points are assessed for this that any driver under the age of 18 who accumulates six or more points within a 12 month period is automatically restricted for one year to driving for "Business Purposes ONLY". If additional points are accumulated the restriction is extended for 90 days for every additional point received.

The Florida Department of Highway Safety and Motor Vehicles (HSMV) will be able to tell you for certain if being caught driving with a FL learner's permit without the required licensed passenger next to you in the front seat will keep you from getting your driver's license or lengthen the time it will take to get it. We did not see anything about this in the FL Statutes but again the HSMV can tell you specifically what penalties you will receive for this infraction.