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 Florida Auto Insurance Law

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Florida Car Insurance Law,  FAQ

 

I am registering a vehicle for the first time in Florida. Is automobile insurance mandatory?

Yes. If you own a vehicle with at least four wheels and are registering it, you must have insurance.

What type of insurance is required to purchase and maintain a Florida tag and registration?

Florida's minimum coverage is $10,000 personal injury protection (PIP) and $10,000 property damage liability (PDL) as long as you have a valid Florida tag, even if the vehicle is in another state or inoperative. There are no exemptions in the law. However, if you have been involved in a crash, or been convicted of certain offenses, you may be required to purchase bodily injury liability coverage (BIL).

What is "Personal Injury Protection" insurance (PIP)?

PIP is coverage that will compensate a loss due to injury regardless of who is charged with causing the crash. PIP applies to bodily injury to you, relatives who live in your home and passengers who are not required to have PIP, as well as licensed drivers who drive your vehicle with your permission. PIP insurance also protects you if you are injured as a pedestrian or bicyclist as long as the injury is caused by an accident involving a motor vehicle.

What is " Bodily Injury Liability" insurance? (BIL)

Bodily Injury Liability coverage pays for serious and permanent injury or death to others when you cause an accident involving your automobile. Your insurance company will pay for injuries up to the limits of your policy and provide legal representation for you if you get sued. In particular, your company pays for injuries caused by you or members of your family who live with you, even if they were driving someone else's vehicle. It may also cover others who drive your automobile with your permission. This coverage also provides you with legal defense in the event you are sued by the injured party.

What is "Property Damage Liability" insurance? (PDL)

This coverage pays for damages you or members of your family cause (and are liable for) to other people's property in a crash involving a motor vehicle.

What is meant by "Florida Coverage"?

Florida coverage is an insurance policy delivered or issued for delivery in Florida by an insurance company licensed by the Florida Department of Insurance.

Can I maintain my current policy issued in my previous state of residence?

No. The minimum required insurance must be issued through a Florida agent with an insurance company licensed to sell in Florida. Most insurers have Florida agents and are licensed to issue policies in Florida. Just ask your agent to transfer your current insurance to Florida when you register a vehicle in Florida.

What if I fail to keep insurance on my vehicle that I’ve registered in Florida?

The Department of Highway Safety and Motor Vehicles is authorized to suspend your driving privilege, including your vehicle tag and registration, for up to three years or until proof of Florida insurance is provided, whichever is first.

If my driving privilege is suspended because I am not properly insured, is there a penalty to reinstate my license?

Yes. A reinstatement fee of $150 up to $500, for subsequent violations, must be paid and you must provide proof of current Florida insurance.

I live outside Florida for six months a year. When not in Florida, my vehicle is in storage and not used. Must I maintain automobile insurance?

Yes. Any vehicle holding a valid Florida tag and registration must be covered by a Florida insurance policy throughout the entire registration period. When you leave Florida, you may surrender your tag and registration at the nearest driver license or tag office to avoid maintaining your policy. You can always register your vehicle upon your return to Florida, at which time you can provide proof of Florida insurance.

I am not a resident of Florida but I have business that keeps me in Florida sometimes for several months at a time. Must I comply with Florida's insurance laws?

Yes. Any person who has a vehicle in Florida for more than 90 days during a 365-day period must purchase personal injury protection and property damage liability insurance coverage. The 90 days do not have to be consecutive.

I own multiple vehicles. Some are not used for different reasons, but the county I live in requires that the vehicles remain registered. Must I maintain insurance coverage on these vehicles?

Yes. Insurance coverage must be maintained throughout the entire vehicle registration period.

What can I do to avoid a driving privilege suspension when I choose not to insure a vehicle?

To avoid a driving privilege suspension, surrender the vehicle's tag and registration at any driver license or tag office, prior to canceling your insurance policy.

If my driving privilege is suspended for no insurance, will I be granted a temporary driver license for working purposes?

No. There is no provision in Florida's motor vehicle insurance laws for the issuance of any sort of temporary or restricted driver license for financial responsibility suspensions.

I am self-employed as a taxi driver and the only vehicle I own is used as a taxicab. Must I carry automobile insurance?

No. Vehicles used as taxicabs and limousines are exempt from the mandatory personal injury protection and property damage liability insurance coverage. However, if you cause a crash, and you do not have full coverage including bodily injury liability at the time of the crash, you must purchase insurance with full liability coverage and meet other requirements.

 
 

Obtaining Your Florida
Driver's License or Identification Card

 

United States Citizens
 

Florida law requires identification, proof of date of birth and social security number (if issued) from all customers before a driver license or identification card can be issued. Each U.S. citizen who applies for an original driver license or identification card must submit:

 

One of the following (3) documents:

 

  1. Original or certified United States birth certificate, including territories and District of Columbia; or

  2. Valid United States passport; or

  3. Certificate of Naturalization

  4. Effective April 10, 2002, United States Military ID cards with an officer rank will be accepted as proof of citizenship only; however, not as proof of primary identification.

  5. NOTE: Proof of citizenship or legal presence may be required for renewal, duplicate or replacement licenses. Please come prepared to present one of the above identification documents as proof of citizenship or legal presence.

 

And a secondary document, which substantiates the primary document, is required. Document may include, but is not limited to, the original or certified copy of one of the following:

 

  1. School record stating date of birth, which must contain the registrar’s signature.

  2. Transcript of the birth record filed with a public officer charged with the duty of recording certificates.

  3. Baptism certificate, which shows date of birth and the place of baptism.

  4. An insurance policy on the customer’s life which has been in force for at least two years and has the month, day and year of birth.

  5. United States military or military dependent identification card.

    • Effective April 10, 2002, United States Military ID cards with an officer rank will be accepted as proof of citizenship only; however, not as proof of primary identification.

  6. Florida or out-of-state driver license, valid or expired.

  7. Florida license record or identification card record.

  8. Selective Service Registration (Draft Card).

  9. Florida Vehicle Registration certificate (HSMV 83399, owner’s copy) obtained from the tax collector’s office where the customer’s vehicle was registered, Florida, or out-of-state registration certificate, if name and date of birth are shown.

  10. Florida and out-of-state non-driver identification cards (state issued).

  11. Receipt copy of your last Florida driver license issuance.

  12. Immigration form I-571.

  13. Federal form DD-214 (military record).

  14. Marriage certificate.

  15. Court order, which includes legal name.

  16. A Florida voter registration card, which was issued at least 3 months previously.

  17. Personal identification by an examiner or by a person well known to the examiner.

  18. Social Security Card.

  19. Family bible record or birth announcement in baby book.

  20. Parent consent form of minor.

  21. Out-of-country driver license or identification card, government issued

United States Citizens With Out-of-State Licenses
 

Any person who holds a license or identification card from the District of Columbia, United States Territories or one of our 50 states (with the exception of those listed below) may present his/her license or ID card as primary identification document. An approved secondary identification document is also required. A social security number, if issued, MUST be included on the application.

Important Note: Driver licenses from the following states

Alaska
Connecticut
Hawaii
Illinois
Indiana
 

Iowa
Michigan
Minnesota
Nebraska
New Jersey
 

 

North Carolina
Oregon
Rhode Island
Tennessee
Texas
 

Utah
Vermont
Virginia
Washington
Wisconsin
 

are acceptable as secondary identification and to reciprocate driving privileges, and must be accompanied by one of the following:

  1. Original or certified United States birth certificate (including territories and District of Columbia)

  2. Valid United States passport (not expired)

  3. Certificate of Naturalization.

  4. Effective April 10, 2002, United States Military ID cards with an officer rank will be accepted as proof of citizenship only; however, not as proof of primary identification.

Name Change for United States Citizens
 

If you have legally changed your name by marriage or court order, you must submit the original or a certified copy of your marriage certificate or court order. No photocopies will be accepted unless certified by the issuing authority.

 


Non-United States Citizens
 

Original Driver License or Identification Card Florida law requires identification, proof of date of birth and social security number (if issued) from all customers before a driver license or identification card can be issued.

Immigrants
Each immigrant who applies for an original driver license or identification card must submit:

 

  1. Alien Registration receipt card, (Green card, Form I-151 or I-551); or

  2. I-551 stamp in passport or on I-94; or

  3. Immigration Judges Order, with the customer's A-number, granting asylum; or

  4. I-797, with the customer's A-number, stating the customer has been granted asylum; or

  5. I-797 or another form from the Bureau of Citizenship and Immigration Services, with the customer's A-number, stating the customer's application for Refugee status is approved; or

Non-Immigrants

Each non-immigrant who applies for an original driver license or identification card must submit:
 

  1. Employment authorization card issued by the United States Department of Justice (Form I688B or I-766); or

  2. Proof of nonimmigrant classification provided by United States Department of Justice (Form I-94, not expired, with required supporting attachment(s). If in doubt regarding required documents, please bring all of your INS documentation with you.). I-94s must be accompanied by a Passport. Certain classifications require additional documentation. Some examples are:

    • F-1 and M-1 classification must also be accompanied by an I-20.

    • I J-1 or J-2 designation must be accompanied by an IAP-66.

    • Refugee, asylee and parolee classifications must be accompanied by additional documentation.

       

The following documents will only be accepted with a supporting document, including but not limited to a Passport, Florida Driver License or Identification Card, Driver License from any other state, Employment Authorization Card, Employer Identification, Identification from home country, Identification from school or college, Social Security Card or other INS document.

 

  1. I-571 Travel Document/Refugee Travel Permit

  2. I-512 Parole Letter Accepted

  3. IJO- Asylum or Cancellation of Removal - Immigration Judges Order granting Asylum or Cancellation of Removal.

    • All required and supporting documents MUST be original or certified.

    • Documents must be valid for more than 30 days from the date of issuance.

    • Non-U.S. citizens applying for an original driver license will be issued a 30-day, no photo, paper temporary permit and a receipt. Non-U.S. citizens applying for an identification card will be issued a receipt.

    • All records are transmitted to our database in Tallahassee, where the information will be examined and run against FDLE, FBI and INS databases.

    • Upon identity and legal status verification, a driver license or identification card will be issued within 30 days from Tallahassee, mailed to the address on the driver record. The license or identification card will be issued for the period of time specified on the INS document.

    • If a problem is detected, a denial of issuance letter will be mailed to the customer.

Canadian Citizens
 

Under federal law, Canadian citizens are non-immigrants and are allowed to stay in the U.S. without obtaining INS documentation. Canadians without INS documents must provide proof of Canadian citizenship to be issued a Florida driver license or identification card by presenting two of the following documents:

 

  1. Canadian passport

  2. Canadian driver license

  3. Original or certified Canadian birth certificate

  4. Canadian Naturalization Certificate

All Canadian citizens will be issued an original or renewal driver license for two calendar years from the date of issue.

If you are not a Canadian citizen and have a Canadian driver license, you are required to provide the same proof of legal presence as any other non-U.S. citizen.

Renewals, Duplicates or Replacements for Non-United States Citizens
 

  • Any immigrant holding a driver license or identification card who needs a renewal, duplicate or replacement driver license or identification card must apply in person at a driver license office at least one time after March 1, 2002, and re-present his/her identification documents required by Florida law.

  • Any non-immigrant holding a driver license or identification card who needs a renewal, duplicate, or replacement driver license or identification card must apply in person at a driver license office and present identification and legal presence documents.

  • If you do not have the required documents showing legal presence, your driver license or identification card will be retained and a receipt issued. If you have an unexpired driver license, you will be issued a 30-day temporary permit. When you return with the required documentation, you will be processed for a renewal, duplicate or replacement license and the expiration date will be changed to the expiration date on your INS document.

Name Change for Non-United States Citizens
 

  • If you have legally changed your name by marriage or court order, you must have your name changed on your CIS documents. A receipt from CIS indicating form I-90 has been filed for a name change is acceptable for a name change on your driver license or identification card.

  • Canadian Citizens: If you have legally changed your name by marriage or court order, you must have your name changed on your Canadian license, and/or passport before applying for a name change on your driver license or identification card.


Non-United States Citizens Issuance Offices
Beginning June 1, 2002 all customers - regardless of their citizenship status - may go to any Division of Driver Licenses office in Florida to apply for or renew a driver license or identification card.

 

Small Gas and Electric Scooters
Motorized Scooters (Go-peds) and Mopeds
 

 

Is a driver license required to operate mopeds, small gas and electric scooters and go-peds?

You are required to have a valid Florida operator’s (Class E) driver license to operate a motor vehicle on any public street or road in Florida. Gas operated scooters, mopeds, go-peds and similar vehicles and electric scooters all meet the Driver License Law definition of motor vehicle.  See Section 322.01(26), F.S. (2003).

Most of these motorized vehicles were not originally designed for street use in regular traffic mix and, for safety reasons, should not be operated on streets or in traffic.  However; if they are operated on a public street or road, a minimum of a regular Class E operator license is required.  The operator must be at least 16 years old to obtain a Class E driver license. See Sections 322.03(1), 322.01(26) and 322.05(1), F.S. 

Are tags and registration required for mopeds, small engine scooters and go-peds? 

Mopeds are required to have a tag and registration per Section 320.0803, FS. 

However, small gas operated or electric scooters or motorized scooters such as go-peds are NOT required to be registered. They fall under the tag and registration laws in Section 320, F.S. Therefore they cannot be registered or issued a tag.

Is it legal to operate motorized scooters (Go-peds), gas or electric scooters on sidewalks?

Vehicles other than those operated by human power are prohibited on sidewalks and bicycle paths except for Electric Personal Assistive Mobility Device. See Sections 316.1995 and 316.2068, F.S.

Are you required to wear a helmet & eye protection to mopeds and scooters?

If a motor vehicle has an engine size of 50 cc or less, 2 brake horsepower or less, and cannot exceed more than 30 mph on level ground, no helmet is required for the operator. The operator must be at least 16 years old and hold at least a regular operator driver license (Class E).  Passengers under 16 must wear a helmet.  See Section 316.211, F.S. 

Where can motorized scooters be operated without a license?

Please check your city and county ordinances for restrictions and contact your attorney for advice .




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