Florida Drivers License Hardship Law

Drivers Hardship License Law – General – Florida

1. Does the agency (motor vehicle/DOT) law provide for hardship licenses?

Yes, under § 322.271, a limited driving privilege for employment purposes may be granted. Also, persons convicted of certain drug offenses may seek a restricted license under § 322.055.

2. Is an agency hearing required before a hardship license is issued?

Under § 322.271, upon such petition and after investigation of the person’s qualification, fitness, and need to drive, the department shall hold a hearing pursuant to chapter 120 to determine whether the driving privilege shall be reinstated on a restricted basis solely for business or employment purposes.

3.  Do prior offenses prevent me from obtaining a hardship license?

There is a five year look-back period for prior offenses. Prior offenses within the past five years will disqualify someone from occupational driving privilgees under § 322.271.

4.  What are the requirements for getting a hardship license?

§ 322.271 provides for a hearing where  the department shall either suspend, affirm, or modify its order and may restore to the licensee the privilege of driving on a limited or restricted basis for business or employment use only. revoked may show that such suspension, cancellation, or revocation of his or her license causes a serious hardship and precludes the person’s carrying out his or her normal business occupation, trade, or employment and that the use of the person’s license in the normal course of his or her business is necessary to the proper support of the person or his or her family. Except as otherwise provided in this subsection, the department shall require proof of the successful completion of the applicable department-approved driver training course operating pursuant to s. 318.1451 or DUI program substance abuse education course and evaluation as provided in s. 316.193(5). Letters of recommendation from respected business persons in the community, law enforcement officers, or judicial officers may also be required to determine whether such person should be permitted to operate a motor vehicle on a restricted basis for business or employment use only and in determining whether such person can be trusted to so operate a motor vehicle. If a driver’s license has been suspended under the point system or pursuant to s. 322.2615, the department shall require proof of enrollment in the applicable department-approved driver training course or licensed DUI program substance abuse education course, including evaluation and treatment, if referred, and may require letters of recommendation described in this subsection to determine if the driver should be reinstated on a restricted basis. If such person fails to complete the approved course within 90 days after reinstatement or subsequently fails to complete treatment, if applicable, the department shall cancel his or her driver’s license until the course and treatment, if applicable, is successfully shall determine the petitioner’s qualification, fitness, and need to drive. Persons seeking a restricted license under § 322.055 must wait six months or varying lengths of time for more serious cases, before petitioning for driving privileges.

5. Does a lifetime or mandatory revocation make you ineligible for restricted driving privileges?

Pursuant to § 322.271, a person whose driving privilege has been permanently revoked because he or she has been convicted of DUI manslaughter in violation of s. 316.193 and has no prior convictions for DUI-related offenses may, upon the expiration of 5 years after the date of such revocation or the expiration of 5 years after the termination of any term of incarceration under s. 316.193 or former s. 316.1931, whichever date is later, petition the department for reinstatement of his or her driving privilege.