Shreveport, LA asked in Tax Law and Gov & Administrative Law for Louisiana

Q: Will Florida issue a CDL license to a licensee with an CDL license suspension in Louisiana for unpaid state taxes?

Please keep in mind, Florida has no state income tax

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tax Law Lawyer
  • Sacramento, CA

A: No, Florida will not issue a commercial driver's license (CDL) to someone who has a current CDL suspension in another state, even if it is for unpaid taxes rather than a driving-related offense.

The Federal Motor Carrier Safety Administration regulates CDLs, and under those regulations (49 CFR 384.210), Florida or any state is prohibited from issuing a CDL to a person:

1) Who has a CDL issued by another state

2) Whose CDL is suspended, revoked, canceled, or disqualified at the time of application

So because you have an active CDL suspension in Louisiana, Florida cannot legally issue you a new CDL until that out-of-state suspension has been cleared. This is true even though the suspension is for taxes rather than a traffic violation. States share information about CDL holders through the nationwide Commercial Driver's License Information System (CDLIS).

While Florida does not have state income tax, the CDL regulations are focused on your overall driving eligibility as determined by any state. An applicant must be eligible and qualified in their previous state of license in order to transfer a CDL or apply for a new one. The outstanding tax debts and suspension in Louisiana bar you from legally holding a CDL in any state until they are resolved.

I would recommend working to get your taxes and suspension resolved in Louisiana before attempting to obtain a Florida CDL. Checking on options like tax payment plans or ability to get the suspension lifted while making payments over time. But ultimately, no state can issue you a CDL until Louisiana clears your status in their motor vehicle system.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.