Required together: no prior forcible-felony conviction as defined in §776.08; AND the cancellation, suspension, revocation, or equivalent status is based on one of the following. The (10)(b) offense requires knowing driving.
- Failure to pay child support under §322.245 or §61.13016. §322.34(10)(a)1.
- Failure to pay other financial obligations under §322.245, except those specified in §322.245(1). §322.34(10)(a)2.
- Failure to comply with a civil penalty under §318.15 (including qualifying unpaid traffic fines). §322.34(10)(a)3.
- Failure to maintain vehicular financial responsibility under chapter 324 (insurance-related suspension). §322.34(10)(a)4.
- Failure to meet attendance or other requirements for minors under §322.091. §322.34(10)(a)5.
- HTO designation under §322.264(1)(d) resulting from suspensions for the reasons in items 1–5. Check each suspension underlying the designation; an HTO label alone is insufficient. §322.34(10)(a)6.
First conviction: second-degree misdemeanor — (10)(b)1.
Second or subsequent conviction for the same offense: first-degree misdemeanor — (10)(b)2.
Document: the exact license action and underlying basis, knowledge, qualifying priors, and forcible-felony history. Do not infer eligibility solely from “suspended” or “HTO” on a database return. Confirm uncertain or mixed suspension histories with the State Attorney.
Related compliance election — (11): a qualifying cited non-CDL holder may elect a nolo contendere plea and provide proof of compliance to the clerk. No election in the preceding 12 months; no more than three total. Adjudication is withheld, and that disposition is not a conviction. This is a clerk/court procedure, not automatic roadside dismissal.