Florida Statutes 322.591 – Commercial driver license and temporary commercial instruction permit; Commercial Driver’s License Drug and Alcohol Clearinghouse; prohibition on issuance of commercial driver licenses; downgrades
Current as of: 2024 | Check for updates
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Beginning November 18, 2024:
(1) When a person applies for or seeks to renew, transfer, or make any other change to a commercial driver license or temporary commercial instruction permit, the department must obtain the person’s driving record from the Commercial Driver’s License Drug and Alcohol Clearinghouse established pursuant to 49 C.F.R. part 382. The department may not issue, renew, or transfer, or revise the types of authorized vehicles that may be operated or the endorsements applicable to, a commercial driver license or temporary commercial instruction permit for any person for whom the department receives notification that, pursuant to 49 C.F.R. 382.501(a), the person is prohibited from operating a commercial motor vehicle.
(2) The department shall downgrade the commercial driver license or temporary commercial instruction permit of a person for whom the department receives notification that, pursuant to 49 C.F.R. 382.501(a), the person is prohibited from operating a commercial motor vehicle. Any such downgrade must be completed and recorded by the department in the Commercial Driver’s License Information System within 60 days after the department’s receipt of such notification.
(3)(a) Upon receipt of notification that, pursuant to 49 C.F.R. 382.501(a), a person is prohibited from operating a commercial motor vehicle, the department shall immediately notify the person who is the subject of such notification that he or she is prohibited from operating a commercial motor vehicle and, upon his or her request, must afford him or her an opportunity for an informal hearing pursuant to this section. The department’s notice must be provided to the person in the same manner as, and providing notice has the same effect as, notices provided pursuant to s. 322.251(1) and (2).
Terms Used In Florida Statutes 322.591
- Alcohol: means any substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol. See Florida Statutes 322.01
- Commercial driver license: means a Class A, Class B, or Class C driver license issued in accordance with the requirements of this chapter. See Florida Statutes 322.01
- Commercial motor vehicle: means any motor vehicle or motor vehicle combination used on the streets or highways, which:(a) Has a gross vehicle weight rating of 26,001 pounds or more;(b) Is designed to transport more than 15 persons, including the driver; or(c) Is transporting hazardous materials and is required to be placarded in accordance with Florida Statutes 322.01
- Department: means the Department of Highway Safety and Motor Vehicles acting directly or through its duly authorized representatives. See Florida Statutes 322.01
- Disqualification: means a prohibition, other than an out-of-service order, that precludes a person from driving a commercial motor vehicle. See Florida Statutes 322.01
- Driver license: means a certificate that, subject to all other requirements of law, authorizes an individual to drive a motor vehicle and denotes an operator's license as defined in Florida Statutes 322.01
- Motor vehicle: means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and electric bicycles as defined in…. See Florida Statutes 322.01
- Permit: means a document authorizing the temporary operation of a motor vehicle within this state subject to conditions established in this chapter. See Florida Statutes 322.01
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Suspension: means the temporary withdrawal of a licensee's privilege to drive a motor vehicle. See Florida Statutes 322.01
- Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway or operated upon rails or guideway, except a bicycle, motorized wheelchair, or electric bicycle. See Florida Statutes 322.01
- Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
(b) An informal hearing under paragraph (a) must be requested no later than 20 days after the person receives the notice of the downgrade. If a request for a hearing is not received within 20 days after receipt of such notice, the department must enter a final order directing the downgrade of the person’s commercial driver license or temporary commercial instruction permit unless the department receives notification that, pursuant to 49 C.F.R. 382.503(a), the person is no longer prohibited from operating a commercial motor vehicle.(c) A hearing requested under paragraph (b) must be scheduled and held no later than 30 days after receipt by the department of a request for the hearing. The submission of a request for hearing under paragraph (b) tolls the deadline to file a petition for writ of certiorari pursuant to s. 322.31 until after the department enters a final order after a hearing under paragraph (b).(d) The informal hearing authorized by this subsection is exempt from chapter 120. Such hearing must be conducted before a hearing officer designated by the department. The hearing officer may conduct such hearing by means of communications technology.(e) The notification received by the department pursuant to 49 C.F.R. 382.501(a) must be in the record for consideration by the hearing officer and in any proceeding under s. 322.31 and is considered self-authenticating. The basis for the notification received by the department pursuant to 49 C.F.R. 382.501(a) and the information in the Commercial Driver’s License Drug and Alcohol Clearinghouse which resulted in such notification are not subject to challenge in the hearing or in any proceeding brought under s. 322.31.(f) If, before the entry of a final order arising from a notification received by the department pursuant to 49 C.F.R. 382.501(a), the department receives notification that, pursuant to 49 C.F.R. 382.503(a), the person is no longer prohibited from operating a commercial motor vehicle, the department must dismiss the action to downgrade the person’s commercial driver license or temporary commercial instruction permit.(g) Upon the entry of a final order that results in the downgrade of a person’s commercial driver license or temporary commercial instruction permit, the department shall record immediately in the person’s driving record that the person is disqualified from operating a commercial motor vehicle. The downgrade of a commercial driver license or temporary commercial instruction permit pursuant to a final order entered pursuant to this section and, upon the entry of a final order, the recording in the person’s record that the person subject to such final order is disqualified from operating a commercial motor vehicle are not stayed during the pendency of any proceeding pursuant to s. 322.31.(h) If, after the department enters a final order that results in the downgrade of a person’s commercial driver license or temporary commercial instruction permit and records in the person’s driving record that the person is disqualified from operating a commercial motor vehicle, the department receives:1. Notification that, pursuant to 49 C.F.R. 382.503(a), the person is no longer prohibited from operating a commercial motor vehicle, the department must reinstate the person’s commercial driver license or temporary commercial instruction permit upon application by such person.2. Notification from the Federal Motor Carrier Safety Administration pursuant to 49 C.F.R. 383.73(q)(3) that the person was erroneously identified as being prohibited from operating a commercial motor vehicle, the department must notify the person; reinstate, without payment of the reinstatement fee required pursuant to s. 322.21, the person’s commercial driver license or commercial instruction permit as expeditiously as possible; and remove any reference to the person’s erroneous prohibited status from the Commercial Driver’s License Information System and the person’s record.(i) The department is not liable for any commercial driver license or temporary commercial instruction permit downgrade resulting from the discharge of its duties.(j) This section is the exclusive procedure for the downgrade of a commercial driver license or temporary commercial instruction permit following notification received by the department that, pursuant to 49 C.F.R. 382.501(a), a person is prohibited from operating a commercial motor vehicle.(k) The downgrade of a person’s commercial driver license or temporary commercial instruction permit pursuant to this section does not preclude the suspension of the driving privilege for that person pursuant to s. 322.2615 or the disqualification of that person from operating a commercial motor vehicle pursuant to s. 322.64. The driving privilege of a person whose commercial driver license or temporary commercial instruction permit has been downgraded pursuant to this section also may be suspended for a violation of s. 316.193.
(4) A person for whom the department receives notification that, pursuant to 49 C.F.R. 382.501(a), the person is prohibited from operating a commercial motor vehicle may, if otherwise qualified, be issued a Class E driver license pursuant to s. 322.251(4), valid for the length of his or her unexpired license period, at no cost.