March 11th, 2026
Florida’s English-Only…

As noted in previous Setliff Law articles (May, September, and October), Congress has seen renewed efforts to strengthen enforcement of the long-standing federal requirement that commercial driver’s license (CDL) holders must speak and understand English. This push aligns with broader concerns about non-fluent drivers, amplified by the Trump administration’s focus on deporting illegal immigrants and several high-profile commercial vehicle accidents involving immigrant drivers—where immigration status was sometimes blamed, rightly or not.

On January 30, 2026, the Florida Department of Highway Safety and Motor Vehicles announced that, effective February 6, 2026, all driver exams—including oral and written portions—will be conducted in English only, ending the previous practice of offering regular exams in multiple languages and CDL exams in both English and Spanish. We anticipate several legal challenges arising from the new policy; additionally, other states are likely to monitor these developments closely before deciding whether to implement similar restrictions.

Insurance

To obtain motor vehicle insurance, a driver must be properly licensed. We anticipate that a number of Florida residents—both legal and undocumented—may choose not to take the English-only driver examination due to lack of fluency in English, yet continue to drive nonetheless. This could lead to a significant increase in accidents involving uninsured motorists. In such cases, if the uninsured driver is at fault, injured parties may have recourse only through their own policy’s uninsured motorist coverage provisions. Should Florida insurers experience higher payouts under uninsured motorist coverage as a result, premiums are likely to rise in order to reflect the increased risk of collisions with uninsured drivers.

Lawsuits

Many Floridians will have a legitimate complaint that they were relying on the option to take the driver examination in their preferred language, and that eliminating this option with only one week’s notice is unfair. In legal terms, this raises a potential due process violation. We anticipate lawsuits seeking to enjoin Florida from removing non-English exam options. Florida will likely defend the change as necessary to address safety concerns, asserting that drivers who are not proficient in English pose a hazard. Petitioners will counter that Florida has offered non-English options for years and that there is no evidence linking lack of English proficiency to increased accidents. Both sides are expected to present studies and statistics supporting their respective positions on whether English proficiency does or does not contribute to crashes. It will be interesting to observe how this litigation unfolds.

Economics

If some individuals are unable to obtain licenses as a result of the change, there could be broader economic effects, including impacts on employment and consumer activity. The extent of any such impact remains to be seen.

If you have questions about this article, or about the constantly evolving issues surrounding CDLs and English proficiency, please contact Todd Knode (tknode@setlifflaw.com) at (804) 377-1277 or Steve Setliff (ssetliff@setlifflaw.com) at (804) 377-1261.