Florida SB 278: Qualifying Tickets, Reinstatement, and Exceptions

Florida no longer allows a license suspension for unpaid traffic tickets when the ticket is a civil infraction. A 2023 change to Florida Statute 322.245 removed non-payment of civil traffic fines as a standalone reason for the Department of Highway Safety and Motor Vehicles (DHSMV) to pull your driving privilege.¹ The fine itself still exists and can still go to collections, but your license is no longer leverage against it. If you were suspended under the old rules, you can get reinstated by clearing the matter with the court and paying a $60 fee to DHSMV.

Which Tickets Qualify as Civil Infractions

The reform only covers civil traffic infractions, which is the category most everyday tickets fall into: running a red light, speeding a few miles over the limit, driving with an expired tag. These are non-criminal violations processed under Chapter 318 of the Florida Statutes. If your citation came from that category and the only reason your license got suspended was that you didn’t pay the fine, DHSMV no longer has authority to keep the suspension in place.

Criminal traffic offenses are a different animal. Those are prosecuted under Chapter 316 or Chapter 322, carry the possibility of jail time, and remain fully subject to license suspension for non-payment. Pull out the original ticket or court paperwork if you’re not sure which category applies.

How to Reinstate a License Suspended Under the Old Rules

Reinstatement runs in two steps. You deal with the court first, then with DHSMV.

Step One: Clear the Matter With the Court

Go back to the county court that issued the original suspension. Under Section 322.245, the clerk of court sends DHSMV an affidavit stating one of three things: that you’ve paid the financial obligation in full, that you’ve entered into a written payment plan, or that a judge has entered an order granting relief and ordering reinstatement.²

The third option matters most for drivers who genuinely cannot pay. You file a motion explaining your circumstances, and the judge can order reinstatement even if the underlying fine isn’t paid off. If you choose the payment-plan route instead, there is a setup fee of up to $25 at the clerk’s office, and missing scheduled payments can create new problems.¹ Only agree to a schedule you can actually keep.

Step Two: Pay the DHSMV Reinstatement Fee

With the court’s affidavit or order in hand, go to a DHSMV driver license service center and pay a $60 nonrefundable service fee to clear the suspension from your record.³ That fee is specific to suspensions under Sections 318.15 and 322.245.

If more than one suspension is sitting on your record, each has to be cleared separately. A license that was suspended for an unpaid ticket and also for an insurance lapse, for example, needs both resolved before you can drive legally. The insurance-related reinstatement fee is $150 for a first offense and climbs to $500 for repeat lapses.⁴

Suspensions the Reform Does Not Touch

The change is narrow. Plenty of other grounds for losing your license remain fully in force.

Ignoring the Court Itself

This is where people get caught after the reform. Owing money on a civil ticket no longer costs you your license, but ignoring the court can. If you’re charged with a criminal traffic offense or a misdemeanor and don’t comply with the court’s directives in time, the clerk sends a notice. You then have 30 days to comply and pay a delinquency fee of up to $25. Miss that window and the suspension kicks in.¹

Criminal Traffic Offenses

DUI under Section 316.193, reckless driving causing injury, leaving the scene of a crash, and other criminal traffic offenses still carry suspension or revocation as part of the penalty.⁵ None of that changed.

Unpaid Child Support

A parent can lose a license over child support arrears as small as 15 days behind. Under Section 61.13016, after notice is sent, the obligor has 20 days to pay in full, arrange payment, or file a petition contesting the action. Miss all three and DHSMV suspends both the driver’s license and the vehicle registration.⁶

Points on Your Record

Accumulate too many points from moving violations in a set window and your license is suspended:

12 points in 12 months: up to 30 days
18 points in 18 months: up to 3 months
24 points in 36 months: up to 1 year

Points from earlier suspensions still count toward the higher thresholds.⁷

Habitual Traffic Offender

Three or more convictions within five years for serious offenses — such as DUI, vehicular manslaughter, hit-and-run with injuries, any felony involving a motor vehicle, or driving on a suspended license — bring the habitual traffic offender designation. So do 15 moving violation convictions within five years. The designation results in a five-year revocation.⁸

What the Reform Does Not Do

A few things the law did not change, which cause confusion. It does not forgive the fine. If you owed $500 in civil traffic fines before the law shifted, you still owe $500, and the clerk can still send that debt to collections. It does not automatically wipe out existing suspensions either; you have to go through the court and DHSMV steps above. And it does not apply to criminal traffic charges at all. If your fine came from a misdemeanor or felony traffic case rather than a civil infraction, DHSMV keeps its full authority to suspend over non-payment.¹

1
Florida Senate. Florida Statutes 322.245 – Suspension of License Upon Failure of Person Charged With Specified Offense Under Chapter 316, Chapter 320, or This Chapter to Comply With Directives Ordered by Traffic Court
2
Florida Senate. Florida Code 322.245 – Suspension of License Upon Failure to Comply With Directives
3
Online Sunshine. Florida Code 322.29 – Suspension, Revocation, or Cancellation; When Driving Privilege Restored
4
Florida Senate. Florida Code 324.0221 – Reports by Insurers to the Department; Suspension of Driver License and Vehicle Registrations; Reinstatement
5
Florida Senate. Florida Code 316.193 – Driving Under the Influence; Penalties
6
Online Sunshine. Florida Code 61.13016 – Suspension of Driver Licenses and Motor Vehicle Registrations
7
Florida Senate. Florida Code 322.27 – Authority of Department to Suspend or Revoke License
8
Online Sunshine. Florida Code 322.264 – Habitual Traffic Offender Defined