Florida FR-44 Insurance: What It Is, How It Differs From an SR-22, the 100/300/50 Limits, How Long It Lasts and How to Get It

If you were found guilty of DUI in Florida, or pleaded guilty or no contest to a DUI charge, you need an FR-44 to restore your driving privileges. An FR-44 is a certificate your insurer files with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) showing that you carry higher liability limits: $100,000 for injury or death of one person, $300,000 for injury or death of two or more people and $50,000 for property damage in one crash, under Fla. Stat. § 324.023 (opens in a new tab). You keep those limits for at least three years from the date your driving privileges are reinstated. If the policy is canceled, the insurer has to notify FLHSMV, and your license can be suspended again.

What is an FR-44 in Florida?

An FR-44 is a filing, not a separate kind of insurance. You buy an auto liability policy with the required limits, and the insurer certifies that policy to FLHSMV. Florida law calls this proof of financial responsibility. A motor vehicle liability policy that meets Fla. Stat. § 324.151 (opens in a new tab) is one of the ways to prove it under Fla. Stat. § 324.031 (opens in a new tab). A policy bought to reinstate driving privileges after a DUI suspension must be issued for at least 6 months, under § 627.7275(2)(b) (opens in a new tab).

That difference matters when you call an agency. Ask for an auto liability policy with an FR-44 filing at 100/300/50, rather than for "FR-44 insurance" as if it were its own product. The agency then writes the policy and the insurer sends the certificate.

Section 324.023 (opens in a new tab) also allows a second method: a certificate of deposit under § 324.031(2). If you go that route, the deposit must be at least $350,000. The deposit is an alternative to a policy, written into the statute itself.

Who must file an FR-44?

The requirement applies to every owner or operator of a vehicle that must be registered in Florida, or that is located in Florida, who has been found guilty of, or entered a plea of guilty or nolo contendere to, a DUI charge under Fla. Stat. § 316.193 (opens in a new tab). It applies regardless of whether the court withheld adjudication of guilt, under § 324.023 (opens in a new tab).

The trigger is the conviction or plea, not the arrest. A DUI arrest can lead to separate license actions, but the FR-44 requirement in § 324.023 (opens in a new tab) follows the finding of guilt or the plea. Your FLHSMV notice is the best place to confirm which filing your record calls for, because it names the sanction on your case.

What are the Florida FR-44 limits?

The FR-44 limits are often written as 100/300/50. They are ten times the bodily injury amounts in Florida's ordinary proof of financial responsibility, which Fla. Stat. § 324.021(7) (opens in a new tab) sets at $10,000 for one person, $20,000 for two or more people and $10,000 for property damage.

The $300,000 figure works with the per-person limit. If you injure three people in one crash, no single person can receive more than $100,000 from the policy, and all of them together can't receive more than $300,000.

For a DUI sanction, FLHSMV verifies bodily injury liability, personal injury protection and property damage liability, with liability at 100/300/50, according to its financial responsibility verification criteria (opens in a new tab). The higher limits apply to DUI cases decided after October 1, 2007, the date in the statute and in FLHSMV's January 15, 2008 bulletin to insurers (opens in a new tab).

How is an FR-44 different from an SR-22?

Both are certificates of financial responsibility filed by an insurer with FLHSMV. The difference is the case behind them and the limits they certify. An SR-22 is used for other financial-responsibility sanctions at Florida's ordinary limits, while the FR-44 is the DUI filing at 100/300/50.

FLHSMV sorts sanctions by the level of coverage required. FR2, FR7, FR8 and FR9 sanctions need level 01 or higher, non-DUI FR4 sanctions and several others need level 02 or higher, and the FR4 DUI sanction needs level 03 or higher, the top level on the list, according to FLHSMV's verification criteria (opens in a new tab). Florida's SR-22 filing covers the other case types in detail.

Is an FR-44 more expensive than an SR-22? The filing type alone doesn't set a price. Insurers review the type and age of the vehicle, the age and experience of the drivers, violations, accidents and other factors, then set the final premium after underwriting, according to the Florida Department of Financial Services (DFS) page on purchasing insurance (opens in a new tab). A DUI and the higher limits both enter that review. DFS also notes that a quote is an estimate the company can change based on its rating factors and underwriting guidelines, so compare written quotes from more than one licensed agency.

How long must the FR-44 stay active?

The higher limits must be carried for at least three years under § 324.023 (opens in a new tab). The three years run from the date your driving privileges are reinstated after the § 316.193 violation, not from the arrest or the conviction. If you go three years from that reinstatement date without a DUI conviction or a felony traffic conviction, you become exempt from the section.

Removing the filing is a separate step. Under Fla. Stat. § 324.191 (opens in a new tab), FLHSMV consents to cancel a certificate of insurance when other adequate proof is substituted and accepted, when the person dies or becomes permanently unable to drive, or when the person surrenders the license and all registrations, as long as no notice of a court action that could lead to a claim on the proof has been filed. Before you drop the policy or ask the insurer to cancel the certificate, confirm with FLHSMV that your requirement has ended.

How does your insurer file the FR-44?

The insurer sends the FR-44 to FLHSMV electronically. FLHSMV no longer accepts manual filings for SR-22, FR-44 and related certificates, according to the minutes of its June 24, 2021 insurance industry call (opens in a new tab). FR-44 and SR-22 filings travel as different transaction types in FLHSMV's insurance procedures manual (opens in a new tab), and the filing record carries the Florida driver license number so it matches your record.

Give the agency your Florida driver license number, the vehicles you own and their registration details, and a copy of your FLHSMV notice. Then ask three things before you hang up:

• What is the certificate's effective date?
• When will you transmit it to FLHSMV?
• How can I confirm that FLHSMV accepted it?

The agency handling the filing is the right place to ask about timing and any charge for the filing. Keep the effective date and the confirmation with your notice.

What happens if the policy is canceled or lapses?

A policy obtained to get a license or registration back can't be canceled by the insurer without 10 days' notice to FLHSMV and to you, under Fla. Stat. § 324.181 (opens in a new tab). If no replacement proof is accepted, FLHSMV can suspend your privileges again.

Switching insurers works differently from a cancellation. Under the same section, when you furnish proof of a new policy, the new policy ends the earlier one on that date for any vehicle listed in both. Start the new policy first, have the new insurer file its certificate, and only then let the old one go.

If FLHSMV does suspend your license or registration under the financial-responsibility sections listed in Fla. Stat. § 324.071 (opens in a new tab), reinstatement takes a nonrefundable $15 fee plus proof of financial responsibility. Only one fee is paid no matter how many licenses and registrations are reinstated. Separate DUI license fees, court costs or other charges can apply depending on your record.

The basic sequence after a cancellation notice:

1. Keep qualifying coverage active.
2. If you're changing insurers, make the new policy effective before the old filing ends.
3. Have the new insurer file the replacement certificate.
4. Confirm the filing with FLHSMV.
5. Pay the reinstatement fee if FLHSMV suspended your privileges.
6. Finish any separate DUI school, evaluation, interlock, court or license steps.

Can you get an FR-44 without a car?

Yes, if you don't own or register a vehicle. Florida law describes an operator's policy that covers the named person while driving a vehicle he or she doesn't own, under § 324.151(1)(b) (opens in a new tab). Agencies often call this a non-owner policy.

If you own and register a vehicle in Florida, a non-owner policy does not suffice. The vehicles you own and register must be listed on the policy and the certificate, according to FLHSMV's June 24, 2021 industry call minutes (opens in a new tab). Tell the agency about every vehicle titled or registered in your name, and ask whether the proposed policy and filing match what FLHSMV requires on your case.

What else do you need to get your license back?

The FR-44 is one piece of reinstatement. The DUI case itself carries other requirements.

Florida allows a hearing for a restricted license when a suspension causes a serious hardship, such as preventing you from working to support yourself or your family, under Fla. Stat. § 322.271 (opens in a new tab). For DUI cases, FLHSMV requires proof that you completed the DUI program substance abuse education course and evaluation before granting that kind of license in the situations the statute describes.

An ignition interlock device is required before FLHSMV issues a permanent or restricted license after specified DUI convictions, under Fla. Stat. § 322.2715 (opens in a new tab). The minimum period depends on your history:

The device goes on every vehicle you own or lease, alone or jointly, and routinely drive. You also need to satisfy the court order, the DUI program and any FLHSMV fees. Questions about the criminal case itself belong with your lawyer.

What if you move out of Florida?

Your Florida requirement is tied to your Florida driving record, so moving doesn't erase it. Before you move, ask FLHSMV whether the filing must stay active and ask the motor vehicle agency in your new state whether it will accept a replacement filing and how it will treat your Florida record. Ask your insurer, too, whether the policy and certificate can stay in force after the move, since Chapter 324 of the Florida Statutes addresses nonresidents and other states in § 324.081 (opens in a new tab) but the steps depend on the state you move to.

How do you check an agent or file a complaint?

DFS advises you to make sure the company, broker or agent is licensed in Florida before you sign a contract or pay money. Use the Florida insurance license lookup (opens in a new tab) to check an agent or agency.

If an insurer won't write the policy, a filing is rejected or you have a complaint about an insurer or agent, contact the DFS Division of Consumer Services through its consumer help page (opens in a new tab) or the Insurance Consumer Helpline at 1-877-MY-FL-CFO (1-877-693-5236). DFS publishes consumer materials in Spanish, and the helpline can point you to them.

Questions to ask a Florida agency

• Does my FLHSMV notice require an FR-44, an SR-22 or another filing?
• What exact liability limits will appear on the certificate?
• Will the filing be an owner, operator or non-owner filing?
• Do I own or register a vehicle that must be listed?
• What driver license number and vehicle information do you need?
• When will the certificate take effect, and when will you send it to FLHSMV?
• How can I confirm that FLHSMV accepted it?
• What notice will I get before a cancellation or nonrenewal?
• How do I switch insurers without a gap in the filing?
• What DUI school, interlock or reinstatement steps still apply to me?
• Are you, the agency and the insurer licensed in Florida?
• What happens if the application is declined or the filing is rejected?

Answer every application question accurately and review the application before you sign, as DFS advises. Riskado's directory lists insurance agencies in Florida by city and by category, so you can find a local agency to ask.

Frequently asked questions

How long do you need FR-44 insurance after a DUI in Florida?

At least three years from the date your driving privileges are reinstated, under § 324.023 (opens in a new tab). If you have no DUI or felony traffic conviction during those three years, you become exempt from the higher-limit requirement. Confirm the end date with FLHSMV before you cancel anything.

Can I switch insurers while I have an FR-44?

Yes. Under § 324.181 (opens in a new tab), proof of a newer policy ends the earlier policy on the date you furnish it, for any vehicle listed in both. Have the new insurer file its FR-44 before the old policy ends, so there is no gap on your record.

Do I have to send the FR-44 to FLHSMV myself?

No. The insurer files the certificate electronically, and FLHSMV doesn't accept manual filings for these certificates. Your part is giving the agency accurate license and vehicle information and confirming that the filing posted.

Does a no-contest plea to DUI require an FR-44?

Yes. Section 324.023 covers a plea of nolo contendere, which is a no-contest plea, as well as a guilty plea or a finding of guilt, regardless of adjudication. The 100/300/50 limits and the three-year period apply the same way.

Getting the filing right the first time

Read your FLHSMV notice, confirm that it calls for an FR-44, and give the agency every vehicle you own and register. Keep the 100/300/50 policy in force for at least three years from reinstatement, line up any replacement policy before the old one ends, and finish the DUI school, evaluation and interlock steps that come with your case. If you also need Florida's ordinary rules, our article on Florida car insurance requirements lays out the minimums every registered vehicle carries, and Florida driving without insurance covers what happens when that coverage lapses.