The Florida Senate

322.61  Disqualification from operating a commercial motor vehicle.--

(1)  A person who, within a 3-year period, is convicted of two of the following serious traffic violations or any combination thereof, arising in separate incidents committed in a commercial motor vehicle shall, in addition to any other applicable penalties, be disqualified from operating a commercial motor vehicle for a period of 60 days:

(a)  A violation of any state or local law relating to motor vehicle traffic control, other than a parking violation, a weight violation, or a vehicle equipment violation, arising in connection with a crash resulting in death or personal injury to any person;

(b)  Reckless driving, as defined in s. 316.192;

(c)  Careless driving, as defined in s. 316.1925;

(d)  Fleeing or attempting to elude a law enforcement officer, as defined in s. 316.1935;

(e)  Unlawful speed of 15 miles per hour or more above the posted speed limit;

(f)  Driving a commercial motor vehicle, owned by such person, which is not properly insured;

(g)  Improper lane change, as defined in s. 316.085; or

(h)  Following too closely, as defined in s. 316.0895.

(2)  Any person who, within a 3-year period, is convicted of three serious traffic violations specified in subsection (1) or any combination thereof, arising in separate incidents committed in a commercial motor vehicle shall, in addition to any other applicable penalties, including but not limited to the penalty provided in subsection (1), be disqualified from operating a commercial motor vehicle for a period of 120 days.

(3)  Except as provided in subsection (4), any person who is convicted of one of the following offenses shall, in addition to any other applicable penalties, be disqualified from operating a commercial motor vehicle for a period of 1 year:

(a)  Driving a commercial motor vehicle while he or she is under the influence of alcohol or a controlled substance;

(b)  Driving a commercial motor vehicle while the alcohol concentration of his or her blood, breath, or urine is .04 percent or higher;

(c)  Leaving the scene of a crash involving a commercial motor vehicle driven by such person;

(d)  Using a commercial motor vehicle in the commission of a felony;

(e)  Driving a commercial motor vehicle while in possession of a controlled substance; or

(f)  Refusing to submit to a test to determine his or her alcohol concentration while driving a commercial motor vehicle.

(4)  Any person who is transporting hazardous materials in a vehicle that is required to be placarded in accordance with Title 49 C.F.R. part 172, subpart F shall, upon conviction of an offense specified in subsection (3), be disqualified from operating a commercial motor vehicle for a period of 3 years. The penalty provided in this subsection shall be in addition to any other applicable penalty.

(5)  Any person who is convicted of two violations specified in subsection (3), or any combination thereof, arising in separate incidents shall be permanently disqualified from operating a commercial motor vehicle. The penalty provided in this subsection shall be in addition to any other applicable penalty.

(6)  Notwithstanding subsections (3), (4), and (5), any person who uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, including possession with intent to manufacture, distribute, or dispense a controlled substance, shall, upon conviction of such felony, be permanently disqualified from operating a commercial motor vehicle. The penalty provided in this subsection shall be in addition to any other applicable penalty.

(7)  A person whose privilege to operate a commercial motor vehicle is disqualified under this section may, if otherwise qualified, be issued a Class D or Class E driver's license, pursuant to s. 322.251.

History.--s. 19, ch. 89-282; s. 2, ch. 90-329; s. 2, ch. 94-276; s. 944, ch. 95-148; s. 298, ch. 99-248.