It looks like my license is going to be suspended for having more then
24 points in a 36 month period. I want to get a hardship license, What
restrictions will I have on driving privleges, I understand it is for
things like work and church. bu I work for myself and sometimes have
to meet with cleints and I have no set schedual. I might meet a client
to discuss a project over dinner, or I might pick up printingfrom the
print press a late hours. I understand how to get the hardship but My
question is how is the hardship license in florida restrictive to self
employeed drivers? Can I drive as long as it is work related?

thank you.

Hello neinbalance,

As stated in the disclaimer at the bottom of this page, answers and
comments provided on Google Answers are general information, and are
not intended to substitute for informed professional legal advice.

Pages on the site of the Florida Department of Highway Safety & Motor
Vehicles, as well as elsewhere, indicate that a hardship license is
made available under Section 322.271 of the Florida Statutes.  See,
for example:

"Department of Highway Safety and Motor Vehicles vs. Parsons" (5th
DCA, September 11, 1998)
Florida Department of Highway Safety & Motor Vehicles
http://www.hsmv.state.fl.us/CASES/Parsons.html

"Department of Highway Safety and Motor Vehicles vs. Abbey" (2nd DCA,
October 20, 1999)
Florida Department of Highway Safety & Motor Vehicles
http://www.hsmv.state.fl.us/CASES/abbey.html

This statute addresses "whether the driving privilege shall be
reinstated on a restricted basis solely for business or employment
purposes."  It says that:

"'A driving privilege restricted to business purposes only' means a
driving privilege that is limited to any driving necessary to maintain
livelihood, including driving to and from work, necessary on-the-job
driving, driving for educational purposes, and driving for church and
for medical purposes.

"'A driving privilege restricted to employment purposes only' means a
driving privilege that is limited to driving to and from work and any
necessary on-the-job driving required by an employer or occupation."

"Driving for any purpose other than as provided by this paragraph is
not permitted by a person whose driving privilege has been restricted
to employment or business purposes.  In addition, a person whose
driving privilege is restricted to employment or business purposes
remains subject to any restriction that applied to the type of license
which the person held at the time of the order of suspension,
cancellation, or revocation."

The person may show at the hearing that suspension, cancellation, or
revocation of the 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."

"The 2005 Florida Statutes: 322.271 Authority to modify revocation,
cancellation, or suspension order"
Online Sunshine [The Florida Legislature]
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0322/SEC271.HTM&Title=->2005->Ch0322->Section%20271#0322.271

I presume that "any driving necessary to maintain livelihood" or "any
necessary on-the-job driving required by an ... occupation" may cover
your situation, and that you may be able to present your situation as
part of the showing at the hearing.  However, as noted at the outset,
I cannot provide legal advice; if you want such advice, you might wish
to consult an attorney.

- justaskscott


Search strategy --

Searched on Google for combinations of these terms:

"hardship license"
site:hsmv.state.fl.us
florida
statutes
322.271