As of October 1, 2007, a Florida resident convicted of driving under the influence (DUI) is required to maintain increased auto insurance liability limits of 100/300/50. These amounts provide coverage up to $100,000 per person for bodily injury or death, up to $300,000 for all people in any one accident, and $50,000 of property damage liability for any one accident. A Florida FR44 filing (submission) provides proof of the required insurance.
A combined single limit of $350,000 liability, distributed in any manner, for bodily injury or death and property damage in any one accident will also satisfy the Fr44 requirement. A reinstatement fee of $150, $250, or $500 (1st, 2nd, 3rd offense) will be required for license reinstatement. If the person convicted of DUI had 100/300/50 liability limits (or higher) at the time of the offense, than the FR44 filing requirement may be waived. Proof of insurance, as indicated on form Fr44, will be required for a period of 3 years.
Fr44 forms are submitted to Florida’s Bureau of Financial Responsibility by insurance companies on behalf of the policyholder. Failure to maintain the Fr44 requirement will result in driver license and vehicle registration suspensions. Insurance companies are required to notify the Bureau of Financial Responsibility of cancellation of insurance by submitting form Fr46 to the bureau. After June 30, 2009 all companies must submit filings electronically. Furthermore, as of May 4th 2012 all insurance policies with a Florida FR44 filing are not allowed to be cancelled. If a policy needs to be cancelled for legitimate reasons, then the FR44 must be removed first by policy endorsement.
Florida Statute 324.023 is the specific law that requires the higher liability limits for persons convicted of DUI. Prior to its enactment, a person convicted of a DUI was required to maintain liability limits of 10/20/10, or a combined single liability limit of 30,000. Previously, proof of these liability limits were submitted to the Bureau on form Sr22. The Sr22 form is still in use to provide evidence of liability insurance for other types of convictions.
Since the implementation of the FR44 insurance policy, exclusively for DUI drivers, there has been good news for policyholders. Rates are coming down and companies are competing for this business. By separating DUI drivers from all other high risk drivers, which must utilize the SR22 form, favorable loss ratios for this class of risk has been realized by insurance companies. Other underwriting rules, exclusively for the FR44 policy, such as the no cancel provision have also contributed to company profitability. Not all companies are “on board” with competing for this business so shopping around is essential.