Florida Senate - 2012                                     SB 220
       
       
       
       By Senator Evers
       
       
       
       
       2-00327-12                                             2012220__
    1                        A bill to be entitled                      
    2         An act relating to the issuance and renewal of
    3         driver’s licenses and identification cards; creating
    4         s. 322.0805, F.S.; providing legislative intent;
    5         prohibiting the Department of Highway Safety and Motor
    6         Vehicles from copying and retaining certain
    7         verification documents of any United States citizens
    8         who is obtaining, renewing, or modifying a driver’s
    9         license or identification card; limiting requirements
   10         to provide verification documents; requiring
   11         destruction of such documents received and retained by
   12         the department; exempting certain licensed persons or
   13         identification cardholders from requirements to
   14         provide proof of address; requiring the department to
   15         use existing records for identity verification for a
   16         normal renewal, reinstatement, or modification of a
   17         license or identification card; prohibiting the
   18         department from using certain standards for
   19         photographs, incorporating any electronic tracking
   20         device upon or within any driver’s license or
   21         identification card, and obtaining fingerprints or
   22         biometric DNA material of citizens; allowing use of a
   23         nonresidential address for certain persons; providing
   24         for application; providing an effective date.
   25  
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Section 322.0805, Florida Statutes, is created
   29  to read:
   30         322.0805 Florida Driver’s License Citizen Protection Act.—
   31         (1) It is the intent of the Legislature to minimize any
   32  inconvenience to citizens transacting business with the
   33  department while maintaining security for the issuance of
   34  driver’s licenses and identification cards to citizens and
   35  aliens legally residing within the state.
   36         (2)(a) Notwithstanding any law to the contrary, the
   37  department may not copy or retain in any form or format any
   38  document submitted by a United States citizen as proof of
   39  identification, proof of social security number, or proof of
   40  residence or any other verification document required or
   41  formerly required under this chapter for original issuance,
   42  normal renewal, reinstatement, or modification, such as an
   43  endorsement or address change, of a driver’s license or
   44  identification card. Proof of citizenship required for issuance
   45  of an original driver’s license or identification card may not
   46  be copied or retained by the department but shall be noted in
   47  the department’s records when received and returned. Once
   48  established, proof of identity or citizenship may not be
   49  required by the department for renewal, reinstatement, or
   50  modification of a license or identification card. By September
   51  11, 2012, the department shall securely destroy so as to make
   52  irretrievable any such verification documents that have been
   53  obtained from United States citizens.
   54         (b) Notwithstanding any law to the contrary, if a citizen
   55  is currently licensed to drive in this state or holds a valid
   56  Florida identification card, the department shall grant a normal
   57  renewal, reinstatement, or modification, such as an endorsement
   58  or address change, of the license or identification card in the
   59  name already existing in the records of the department and the
   60  citizen may not be required by the department to provide further
   61  proof of identity. The department may not require a citizen who
   62  has held a valid Florida driver’s license or a valid Florida
   63  identification card for at least 10 years to submit proof of his
   64  or her residence address for renewal of the license or
   65  identification card. In all cases, the department shall
   66  primarily use the existing photographs in its records as the
   67  best evidence for identification upon renewal or modification of
   68  a driver’s license or identification card.
   69         (3) The department may not use any national or
   70  international standard for the photographs required under this
   71  chapter and may not incorporate any radio frequency
   72  identification device, any device known as a RFID, or any
   73  similar electronic tracking device upon or within any driver’s
   74  license or identification card issued. The department may not
   75  obtain any fingerprints or biometric DNA material from a United
   76  States citizen for purposes of any issuance, renewal,
   77  reinstatement, or modification of a driver’s license or
   78  identification card.
   79         (4) A residential address is not required to be displayed
   80  on the driver’s license or identification card of any person
   81  whose residential address is protected from disclosure by law in
   82  s. 119.071(4)(d) or s. 741.403.
   83         (5) This section does not prohibit the copying and
   84  retention of documents submitted by noncitizens when applying
   85  for a driver’s license or identification card.
   86         Section 2. This act shall take effect July 1, 2012.