Florida FR-44 requirements after a DUI
Florida requires an FR-44 filing for 3 years after a DUI, counted from the date the license is reinstated.
What Florida says
Florida requires an FR-44 (not SR-22) for DUI convictions after October 1, 2007: bodily injury liability of $100,000/$300,000 and property damage liability of $50,000 (or $350,000 combined single limits) per Fla. Stat. § 324.023, maintained for three years from the date of reinstatement (FLHSMV DUI FAQ).
“For a DUI conviction that occurred after October 1, 2007 the customer must obtain form FR-44 providing bodily injury liability (BIL) insurance coverage in the amount of $100,00/$300,000 and property damage liability (PDL) insurance coverage in the amount of $50,000”
Ignition interlock statute (see the state page): Fla. Stat. § 322.2715
At a glance
| Filing required after a DUI | Yes |
|---|---|
| Form | FR-44 |
| Filing period | 3 years |
| License reinstatement fee | $75 revocation reinstatement fee plus $130 administrative fee for alcohol/drug-related offenses (FLHSMV fee schedule) |
| Licensing agency | Florida Department of Highway Safety and Motor Vehicles (FLHSMV) |
Which filing, and what triggers it
Form: FR-44
FLHSMV states that for a DUI conviction after October 1, 2007 the customer must obtain form FR-44 from the insurance carrier showing the higher liability limits of Fla. Stat. § 324.023; FLHSMV's insurer bulletin of December 19, 2007 states the FR-44 (similar to Virginia's FR-44) is submitted by the insurance carrier and that an FR-46 is the insurer's cancellation notice. FLHSMV's financial-responsibility verification reference states that paper FR44 certificates submitted by customers are checked against the insurer's electronic certificate.
“For a DUI conviction that occurred after October 1, 2007 the customer must obtain form FR-44 providing bodily injury liability (BIL) insurance coverage in the amount of $100,00/$300,000 and property damage liability (PDL) insurance coverage in the amount of $50,000”
What triggers it
Conviction. Fla. Stat. § 324.023 applies to anyone found guilty of, or who pleaded guilty or nolo contendere to, DUI under § 316.193 after October 1, 2007, regardless of adjudication. FLHSMV's DUI FAQ, in its answer on reinstating after a first DUI conviction, states that for a DUI conviction after October 1, 2007 the customer must obtain form FR-44; the same answer lists the exams and fees due at the time of reinstatement, whether for a hardship or a full-privilege license. FLHSMV's Florida DUI and Administrative Suspension Laws page does not state an FR-44 requirement for an administrative (breath-test failure or refusal) suspension alone.
“For a DUI conviction that occurred after October 1, 2007 the customer must obtain form FR-44 providing bodily injury liability (BIL) insurance coverage in the amount of $100,00/$300,000 and property damage liability (PDL) insurance coverage in the amount of $50,000”
How long it stays on file, and from when
3 years, counted from the date the license is reinstated.
FLHSMV states the FR-44 must be maintained for three years from the date of reinstatement of the driving privilege. Fla. Stat. § 324.023 states the higher limits must be carried for a minimum of 3 years and exempts the owner or operator once 3 years from the date of reinstatement have passed without a DUI or felony traffic conviction. FLHSMV's verification reference states that persons convicted under § 324.023 are required to maintain FR44 insurance 'for a period of 3 years', without naming a start event.
“The customer must maintain the FR-44 form for three years from the date of reinstatement of their driving privilege.”
If the policy is cancelled or lapses
Fla. Stat. § 324.181 provides that a liability policy obtained to get a license back may not be cancelled unless 10 days' notice is given to the department on its prescribed form and to the insured; FLHSMV's 2007 insurer bulletin names that notice the FR-46. Under § 324.201(1), a person whose required policy has been cancelled or terminated must immediately return the license and registrations to the department. Fla. Stat. § 324.023 requires the higher limits to be carried for a minimum of 3 years; whether the three-year period restarts after a lapse is not stated by FLHSMV or in the ch. 324 sections cited here.
“No motor vehicle liability policy which is obtained to effect the return of any driver license or registration shall be canceled by an insurer issuing the same unless 10 days’ notice of such cancellation shall be given to the department on a form prescribed by it and to the insured”
Non-owner and out-of-state policies
| Non-owner (operator) policy | Accepted |
|---|---|
| Out-of-state insurer or resident | Not addressed by the agency or statute |
Fla. Stat. § 324.021(8) defines the motor vehicle liability policy furnished as proof as an owner's or operator's policy, and § 324.151(1)(b) provides that an operator's policy insures the named person for use of any motor vehicle not owned by him or her, with the same limits as an owner's policy. FLHSMV's DUI FAQ does not separately address non-owner FR-44 filings.
“An operator’s motor vehicle liability policy of insurance shall insure the person named therein against loss from the liability imposed upon him or her by law for damages arising out of the use by the person of any motor vehicle not owned by him or her”
Fla. Stat. § 324.021(8) requires the certified policy to be issued by an insurance company authorized to do business in Florida; neither the FLHSMV DUI FAQ nor the ch. 324 sections cited here (§§ 324.021, 324.023, 324.031, 324.151, 324.181, 324.191, 324.201) state whether a certificate from an insurer licensed only in another state, or a filing by a driver who now lives in another state, is accepted.
“Any owner’s or operator’s policy of liability insurance furnished as proof of financial responsibility pursuant to s. 324.031 ... issued by any insurance company authorized to do business in this state”
Liability limits the filing certifies
Minimum limits: 100/300/50
FR-44 limits under Fla. Stat. § 324.023: $100,000 bodily injury per person, $300,000 bodily injury per crash and $50,000 property damage per crash (a certificate of deposit alternative must be at least $350,000; FLHSMV's FAQ describes the alternative as combined single limits of $350,000). These exceed the ordinary proof-of-financial-responsibility amounts of $10,000/$20,000/$10,000 in § 324.021(7). FLHSMV's verification reference describes the FR44 as proof of '100K/300K/50K BIL/PIP/PDL'.
“in the amount of $100,000 because of bodily injury to, or death of, one person in any one crash and, subject to such limits for one person, in the amount of $300,000 because of bodily injury to, or death of, two or more persons in any one crash and in the amount of $50,000 because of property damage”
How the filing is confirmed
FLHSMV's financial-responsibility verification reference states that paper SR22/FR44 certificates provided by a customer are entered manually and, if the electronic certificate cannot be found on the insurance database, a verification request is sent to the insurer to confirm the coverage was in effect on the need date. FLHSMV's Security Deposit Refund form states a Financial Responsibility case number can be obtained at MyDMVPortal.flhsmv.gov. The FLHSMV page describing the filing is the DUI Frequently Asked Questions page.
Agency page: www.flhsmv.gov
“When paper certificates of insurance (SR22/BIL, SR22/PIP, and FR44 BIL) are provided by a customer for clearance requirements, they are manually entered by office personnel and if the electronic certificate cannot be located on the insurance database, a verification request”
Financial-responsibility statute
“has been found guilty of or entered a plea of guilty or nolo contendere to a charge of driving under the influence under s. 316.193 after October 1, 2007, shall, by one of the methods established in s. 324.031 (1) or (2), establish and maintain the ability to respond in damages”
How an SR-22 works in general — who files it, why premiums differ, and what an SR-26 is — is explained in the glossary; everything above is specific to this state and quoted from its sources.
FR-44 instead of SR-22
Florida and Virginia use an FR-44 for alcohol-related offenses. It works the same way as an SR-22 but requires liability limits above the state minimum, which is why FR-44 premiums run higher than ordinary SR-22 premiums.
Questions about SR-22 in Florida
- Why does Florida require an FR-44 rather than an SR-22 after a DUI?
- Fla. Stat. § 324.023 requires anyone found guilty of, or who pleaded guilty or nolo contendere to, DUI after October 1, 2007 to maintain liability coverage of $100,000 per person, $300,000 per crash and $50,000 property damage, above the $10,000/$20,000/$10,000 in § 324.021(7). FLHSMV's DUI FAQ states that for a DUI conviction after October 1, 2007 the customer must obtain form FR-44 showing those limits.
- When does Florida's three-year FR-44 period begin?
- At reinstatement. The FLHSMV DUI FAQ states the FR-44 must be maintained for three years from the date of reinstatement of the driving privilege, and Fla. Stat. § 324.023 exempts the owner or operator once 3 years have passed from the date of reinstatement without another DUI or felony traffic conviction.
- What does Florida law say about cancelling an FR-44 policy?
- Fla. Stat. § 324.181 provides that a policy obtained to get a license back may not be cancelled unless the insurer gives 10 days' notice to FLHSMV on its prescribed form (FLHSMV's insurer bulletin calls this the FR-46) and to the insured. Under § 324.201, a person whose required policy is cancelled must immediately return the license and registrations to the department.
- Does Florida require an SR-22 after a DUI?
- Florida uses form FR-44 rather than SR-22. According to the FLHSMV DUI FAQ, for a DUI conviction after October 1, 2007 the driver must obtain form FR-44 showing bodily injury liability coverage of $100,000/$300,000 and property damage liability of $50,000 (or $350,000 combined single limits) under Fla. Stat. § 324.023, and maintain it for three years from the date of reinstatement.
Sources
- FLHSMV – DUI Frequently Asked Questions (FR-44 at reinstatement; three years from reinstatement)
- FLHSMV – Fees (administrative fee for alcohol/drug offenses; revocation reinstatement fee)
- FLHSMV – Insurance (definition of SR22 filing)
- FLHSMV – Florida DUI and Administrative Suspension Laws
- FLHSMV – Verification criteria for financial responsibility sanctions (FR4/FR400 DUI sanction: FR44 100K/300K/50K for 3 years; SR22/FR44 certificate verification)
- FLHSMV – Bulletin to insurers of December 19, 2007 (FR-44 form; FR-46 cancellation notice; s. 324.023)
- FLHSMV – Security Deposit Refund Request (HSMV 74007; Financial Responsibility case number via MyDMVPortal)
- Fla. Stat. § 324.023 – Financial responsibility for bodily injury or death (FR-44 limits; 3 years from reinstatement) – Florida Legislature
- Fla. Stat. § 324.021 – Definitions; minimum insurance required (10/20/10; owner's or operator's policy; insurer authorized in Florida)
- Fla. Stat. § 324.031 – Manner of proving financial responsibility
- Fla. Stat. § 324.151 – Motor vehicle liability policies; required provisions (owner's and operator's policies)
- Fla. Stat. § 324.181 – Cancellation of liability policies (10 days' notice to department)
- Fla. Stat. § 324.191 – Consent to cancellation of certificate
- Fla. Stat. § 324.201 – Return of license or registration to department when policy cancelled
- Fla. Stat. § 324.0221 – Reports by insurers; suspension; reinstatement (PIP/PDL cancellation reporting and $150/$250/$500 reinstatement fees)