Florida School Attendance Requirements for a Driver License

In Florida, a minor can only get or keep a driver’s license or learner’s permit if they meet the school attendance requirements for a Florida driver’s license set out in Section 322.091 of the Florida Statutes.¹ The core rule is simple: 15 unexcused absences within any 90 calendar days sets off a reporting and suspension process.² Once the Florida Department of Highway Safety and Motor Vehicles (DHSMV) sends a notice of intent to suspend, the minor and parent have 15 days to respond, or the license goes down.

Who Counts as Attending School

To be eligible for driving privileges, a minor must fit into at least one of these categories:¹

Enrolled with satisfactory attendance in a public school, private school, or home education program.
Already holding a high school diploma, GED, special diploma, or certificate of completion.
Enrolled in a GED preparation course and meeting that program’s attendance rules.
Enrolled in an alternative educational activity approved by the local district school board.
Holding a certificate of exemption issued by the district school superintendent under Section 1003.21(3). These certificates expire at the end of each school year.³
Granted a hardship waiver.

A minor who doesn’t fit any of these categories will be denied a new license or permit and will lose one already issued.¹ This applies even to minors who have never held a license: DHSMV records noncompliant minors and blocks them from getting one until they come back into compliance.

What Counts as an Unexcused Absence

Only absences with no valid authorized reason count toward the 15. Documented illness, family emergencies, and other excused absences don’t add to the total. The 90-day window runs on calendar days, not school days, and it can cross school quarters.²

When a student hits 15 unexcused absences, the school principal or designee notifies the district school board. Those reports are compiled at the end of each school quarter, and the superintendent then forwards the noncompliant students’ information to DHSMV.² Because reporting happens on a quarterly cycle, there can be a real lag between the day a student crosses the threshold and the day DHSMV acts.

The Notice of Intent and the 15-Day Deadline

Before DHSMV suspends a license, it must send a written notice of intent to suspend to both the minor and the parent or guardian.¹ From the date the notice is received, there are 15 calendar days to do one of two things:

Give DHSMV proof that the minor now meets the attendance requirements, using the verification process described below.
Ask the appropriate school official to schedule a hardship waiver hearing.

If neither happens in those 15 days, DHSMV suspends the license 20 days after the date it issued the notice.¹ Missing the window doesn’t permanently kill a future hardship waiver, but the suspension takes effect and the family will have to go through the full reinstatement process later. Treat the 15 days as firm.

Hardship Waivers

A hardship waiver hearing is conducted by the public school principal, the principal’s designee, or (for private school students) the designee of the school’s governing body.¹

The statute says a waiver must be granted when a personal or family hardship requires the minor to have a driver’s license for employment or medical care. Think of a minor whose job supports the family, or one who drives themselves or a relative to medical treatment that isn’t otherwise accessible. The word the statute uses is “shall,” so the official is required to grant the waiver when the criteria are met. Before deciding, the official also has to consider recommendations from teachers, school counselors, and academic advisers.¹

Bring evidence to the hearing. Pay stubs, an employer letter, a physician’s statement, or documentation of a family member’s medical condition all help. If the waiver is denied, DHSMV proceeds with the suspension once notified of the outcome.

Reinstating a Suspended License

Getting driving privileges back takes three things: 30 days of clean attendance, a signed compliance form, and a $45 fee.

The 30-Day Compliance Period

The district school board issues a written verification of compliance only after the minor has met the attendance requirements for at least 30 days.¹ There is no way to shorten this. Counting weekends and school breaks, the earliest a student can begin the DHSMV side of the process is roughly six weeks after returning to consistent attendance.

The Compliance Form

Public and private school students use Form HSMV 72870, “Notification to the Department of Highway Safety and Motor Vehicles Student Compliance with Attendance Requirements.” It captures the student’s legal name, date of birth, and Social Security number, and an authorized school official has to sign it. That signature must be either notarized or carry an affixed school seal, or the form will be rejected.⁴

Homeschool students use Form HSMV 72871 instead. It verifies enrollment in a home-based education program for 30 consecutive days, needs the same notarization or school seal, and must be submitted within 30 calendar days of its completion.⁵

Submitting the Form and Paying the Fee

The completed form can be presented at any Florida driver license service center or authorized county tax collector’s office, or sent to DHSMV by mail, fax, or email at Truancy@flhsmv.gov.⁵ The reinstatement fee is $45.⁶ Once DHSMV processes the form and payment, the driving record returns to active status.

How Long the Suspension Lasts

A suspension under Section 322.091 stays in place until the minor either completes reinstatement or turns 18, whichever comes first.¹ Because the statute only reaches minors, the attendance requirement drops away at 18. Driving on the suspended license in the meantime is a separate offense under Florida law, carrying its own fines and, for repeat violations, potential jail time.

1
Florida Senate. Florida Code 322.091 – Attendance Requirements
2
The Florida Legislature. Florida Code 1003.27 – Court Procedure and Penalties
3
The Florida Legislature. Florida Code 1003.21 – School Attendance
4
Florida Department of Highway Safety and Motor Vehicles. HSMV 72870 – Student Compliance with Attendance Requirements
5
Florida Department of Highway Safety and Motor Vehicles. HSMV 72871 – Student Compliance with Attendance Requirements (Home Education)
6
Florida Department of Highway Safety and Motor Vehicles. Fees