When the Three-Year Florida FR-44 Period Starts
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
Im off probation and im able to get my license. I have to get an FR44 for 3 years though. Can I wait the 3 years and just not get my license back, or does it start when I get my license?
Attorney Answer
No — you cannot wait it out. The three-year clock runs from the date your driving privileges are reinstated, so leaving your licence unreinstated does not burn off the FR-44 requirement. It just delays the start.
The requirement is in Fla. Stat. § 324.023. A person convicted of DUI must carry substantially higher liability limits, and the statute states: "Such higher limits must be carried for a minimum period of 3 years. If the owner or operator has not been convicted of driving under the influence or a felony traffic offense for a period of 3 years from the date of reinstatement of driving privileges for a violation of s. 316.193, the owner or operator shall be exempt from this section." The exemption is measured from reinstatement — not from the conviction, not from the end of probation, and not from the date the revocation period expires.
It is worth separating two clocks that people constantly merge. Fla. Stat. § 322.28(2) sets the mandatory revocation periods for DUI — not less than 180 days and not more than one year for a first conviction, at least five years for a second conviction within five years, and at least ten years for a third within ten years. That is how long you cannot have the licence. The FR-44 period under § 324.023 is a separate, later three years that begins when you get it back. Serving out the revocation does not serve out the FR-44.
What you can do
1. Reinstate as soon as you are eligible. Every month you delay is a month added to the far end of the FR-44 obligation. 2. Confirm your actual reinstatement date with the Department of Highway Safety and Motor Vehicles in writing, because that date is what starts the three years under § 324.023. 3. Have your insurer make the FR-44 filing with the department at reinstatement, and get written confirmation the filing was accepted. 4. Keep the higher limits continuously in force for the full period. A lapse is reported to the department and can cost you the licence again. 5. Shop the policy. FR-44 premiums vary widely between carriers, and the filing itself is not the expensive part. 6. Avoid any new DUI or felony traffic conviction during the period — under the statute's own terms, the exemption depends on going three years without one.
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Frequently Asked Questions
Does the FR-44 period start when my probation ends?
No. Fla. Stat. § 324.023 measures the three years from the date of reinstatement of driving privileges for a violation of s. 316.193. Completing probation may make you eligible to reinstate, but it does not start the FR-44 clock by itself.
What if I do not own a car?
You still generally have to satisfy the filing to hold a licence, typically through a non-owner policy that meets the higher limits. Fla. Stat. § 324.023 speaks to the owner or operator carrying the higher limits, so not owning a vehicle does not remove the obligation — talk to an insurer about a non-owner FR-44.
Is the FR-44 the same thing as my licence revocation?
No, and this is the most common mix-up. Fla. Stat. § 322.28(2) sets the revocation period — how long you cannot drive. Fla. Stat. § 324.023 sets a separate three-year insurance obligation that starts when you are reinstated. They run one after the other, not at the same time.