FR-44 vs SR-22 in Florida: Which Certificate the Statute Requires
A DUI plea or finding under Fla. Stat. 316.193 after October 1, 2007 takes an FR-44. Every other financial responsibility suspension takes an SR-22. The trigger is the conviction itself, not how serious it was. Fla. Stat. 324.023 draws no distinction between a first offence and a later one, and none between a low breath reading and a high one, though many published comparisons claim otherwise. The two certificates differ tenfold in what they certify, so filing the wrong one leaves the suspension in place while you pay for both. Answer three questions and the tool returns the certificate, its limits, its term and the section behind it.
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New to this? A certificate is not an insurance policy. It is a filing your insurer sends to the state proving you carry certain limits. Pick what happened and the tool names which one Florida requires of you.
Choose what happened and the certificate, its statutory basis and its term appear here.
Which certificate Florida requires
One question settles it. A DUI plea or finding under Fla. Stat. 316.193 after October 1, 2007 requires an FR-44 under Fla. Stat. 324.023. Every other financial responsibility suspension requires an SR-22, furnished under s. 324.031 at the limits in s. 324.021(7).
Both certificates sit inside the wider Florida license reinstatement process, and neither is an insurance policy. A certificate is a filing your insurer transmits to the department confirming you carry stated limits, which is why you cannot produce one yourself.
The distinction is statutory, not commercial. An insurer does not choose which certificate you file, and neither do you. The section that governs your triggering event decides it, and the department checks that the filing matches.
Because the trigger decides everything, it repays knowing which events sit on each side.
What triggers an SR-22 in Florida
An SR-22 follows the non-DUI events: a coverage lapse, a crash while uninsured, an unsatisfied court judgment arising from a crash, and a habitual traffic offender revocation. Fla. Stat. 324.021(7) sets the certified limits at $10,000 for one person, $20,000 for a crash, and $10,000 for property damage.
The judgment route carries a condition worth reading closely. Under Fla. Stat. 324.131 a suspension continues until every judgment is stayed or satisfied, in full or to the extent of the limits in s. 324.021(7), and proof is then maintained for three years. Paying the judgment alone restores nothing, because the statute requires both the judgment resolved and the proof on file.
The DUI side of the line works differently, and one detail about it is widely published wrongly.
What triggers an FR-44 in Florida
A single event triggers it. Fla. Stat. 324.023 applies to an owner or operator who, regardless of adjudication of guilt, has been found guilty of or entered a plea of guilty or nolo contendere to a DUI charge under s. 316.193 after October 1, 2007. It certifies $100,000, $300,000 and $50,000.
Read the statutory language for what it does not say. It sets no threshold for a breath reading, draws no line between a first offence and a later one, and does not turn on whether anyone was hurt. A plea of nolo contendere counts, and so does a case where adjudication was withheld.
Ten times the coverage explains why the mistake costs so much.
How the certified limits differ
An FR-44 certifies ten times the bodily injury coverage of an SR-22 and five times the property damage. The SR-22 amounts are $10,000, $20,000 and $10,000 under s. 324.021(7), while the FR-44 amounts are $100,000, $300,000 and $50,000 under s. 324.023.
| Certified amount | SR-22 | FR-44 |
|---|---|---|
| Bodily injury or death, one person, one crash | $10,000 | $100,000 |
| Bodily injury or death, two or more persons | $20,000 | $300,000 |
| Property damage, one crash | $10,000 | $50,000 |
| Certificate of deposit alternative | per s. 324.031 | at least $350,000 |
| Statutory basis | 324.021(7) | 324.023 |
Statutory text: Fla. Stat. 324.023 and Fla. Stat. 324.021, checked July 24, 2026. Where the reinstatement sequence matters more than the certificate, the reinstatement step planner orders the whole process.
A liability policy is the usual way to certify those amounts, though the statute allows another.
How Florida lets you prove financial responsibility
Fla. Stat. 324.031 accepts more than an insurance policy. An owner or operator may furnish a motor vehicle liability policy, or a certificate of deposit, which s. 324.023 sets at a minimum of $350,000 where the higher DUI limits apply.
Almost everyone certifies through a policy, because the deposit route ties up a large sum for three years. The alternative matters where insurance is refused or priced beyond reach, and it is the reason the statute speaks of the ability to respond in damages, not of insurance.
An operator policy covers a driver who owns nothing. Section 324.031 contemplates an owner policy and an operator policy separately, so a person who drives borrowed or rented vehicles can still satisfy the requirement. Ask an insurer for the operator form, and do not assume a vehicle is needed first.
Whatever method certifies the amounts, the obligation runs for a fixed period and then releases.
When the requirement ends and who is exempt
The term runs three years. Under Fla. Stat. 324.023 the higher limits are carried for a minimum of three years, and the obligation lifts where three years pass from reinstatement without a further DUI or felony traffic conviction. A judgment case under s. 324.131 also maintains proof for three years.
The clock starts at reinstatement, not at conviction, so a driver who delays reinstatement delays the release by the same amount. A lapse restarts the difficulty, because the insurer reports the cancellation and the department suspends again with the term unfinished.
One exemption sits in the statute and rarely appears elsewhere. Section 324.021 exempts a member of the United States Armed Forces called to active duty outside Florida or the United States, and extends that exemption to a dependent spouse residing with the member at the place of posting where the vehicle is primarily kept there. It holds only while that duty continues and while the security rules of the posting state are met.
Take the certificate name to your insurer in writing rather than describing the situation and letting an agent decide. Read the triggering event off your suspension notice, match it against the sections above, and name the certificate when you call. If a DUI is involved, say FR-44 and give the date of the plea or finding, because the statute turns on that date. Ask the insurer to confirm the filing reached the department, since the reinstatement waits on the filing and not on the policy. Diary the end of the three year term from the reinstatement date, not the conviction date, and keep the coverage live throughout, because a single lapse hands the department a fresh suspension. Verify the current requirement on the official FLHSMV portal, and consult a licensed Florida attorney where the underlying case is unresolved.
FAQs
What is the difference between an FR-44 and an SR-22 in Florida?
The trigger and the amounts. An FR-44 follows a DUI plea or finding under Fla. Stat. 316.193 after October 1, 2007 and certifies $100,000 per person, $300,000 per crash and $50,000 property damage under s. 324.023. An SR-22 follows other financial responsibility suspensions and certifies $10,000, $20,000 and $10,000 under s. 324.021(7).
Does a first DUI in Florida require an FR-44 or an SR-22?
An FR-44. Fla. Stat. 324.023 applies to any qualifying DUI plea or finding after October 1, 2007 and contains no first offence exception. It also reaches a plea of nolo contendere and a case where adjudication was withheld. Published claims that a first offence takes the cheaper certificate do not match the statutory text.
How long must I carry an FR-44 in Florida?
Three years. Fla. Stat. 324.023 requires the higher limits for a minimum of three years, measured from the date the driving privilege is reinstated rather than the date of conviction. The statute releases the obligation where three years pass from reinstatement without a further DUI or felony traffic conviction.
Can I file an SR-22 or FR-44 without owning a car?
Yes. Fla. Stat. 324.031 treats an operator policy separately from an owner policy, so a driver who owns no vehicle can still furnish proof. Ask an insurer for the operator form. The same section also allows a certificate of deposit, which s. 324.023 sets at a minimum of $350,000 where the higher DUI limits apply.
What happens if my FR-44 or SR-22 lapses?
Your insurer reports the cancellation to the department, which suspends the driving privilege again. The three year term does not pause and the outstanding period remains, so a lapse costs a second reinstatement and extends the time before the obligation releases.
Is an SR-22 or FR-44 an insurance policy?
No. Each is a certificate filed with the FLHSMV by your insurance company confirming you carry the limits the statute requires. You cannot file one yourself, and the department will not reinstate until the filing appears against your record. The underlying policy is separate and must stay live for the full term.
Reviewed and maintained by
Joseph Tomlin, Founder and Lead Editor
Every limit, term and citation in this decision tool is read from Florida Statutes chapter 324, sections 021, 023, 031 and 131. gorenew.com.co is an independent reference. It does not process transactions, collect payments, or sell insurance, and it holds no affiliation with the FLHSMV or any insurer. Nothing here is legal advice, and an unresolved case warrants a licensed Florida attorney.