HB 109

A bill to be entitled
2An act relating to the issuance and renewal of
3driver's licenses and identification cards; creating
4s. 322.0805, F.S.; providing legislative intent;
5prohibiting the Department of Highway Safety and Motor
6Vehicles from copying and retaining certain
7verification documents of any United States citizens
8who is obtaining, renewing, or modifying a driver's
9license or identification card; limiting requirements
10to provide verification documents; requiring
11destruction of such documents received and retained by
12the department; exempting certain licensed persons or
13identification card holders from requirements to
14provide proof of address; requiring the department to
15use existing records for identity verification for a
16normal renewal, reinstatement, or modification of a
17license or identification card; prohibiting the
18department from using certain standards for
19photographs, incorporating any electronic tracking
20device upon or within any driver's license or
21identification card, and obtaining fingerprints or
22biometric DNA material of citizens; allowing use of a
23nonresidential address for certain persons; providing
24for application; providing an effective date.
26Be It Enacted by the Legislature of the State of Florida:
28     Section 1.  Section 322.0805, Florida Statutes, is created
29to read:
30     322.0805  Florida Driver's License Citizen Protection Act.-
31     (1)  It is the intent of the Legislature to minimize any
32inconvenience to citizens transacting business with the
33department while maintaining security for the issuance of
34driver's licenses and identification cards to citizens and
35aliens legally residing within the state.
36     (2)(a)  Notwithstanding any law to the contrary, the
37department may not copy or retain in any form or format any
38document submitted by a United States citizen as proof of
39identification, proof of Social Security number, or proof of
40residence or any other verification document required or
41formerly required under this chapter for original issuance,
42normal renewal, reinstatement, or modification, such as an
43endorsement or address change, of a driver's license or
44identification card. Proof of citizenship required for issuance
45of an original driver's license or identification card may not
46be copied or retained by the department but shall be noted in
47the department's records when received and returned. Once
48established, proof of identity or citizenship may not be
49required by the department for renewal, reinstatement, or
50modification of a license or identification card. By September
5111, 2012, the department shall securely destroy so as to make
52irretrievable any such verification documents that have been
53obtained from United States citizens.
54     (b)  Notwithstanding any law to the contrary, if a citizen
55is currently licensed to drive in this state or holds a valid
56Florida identification card, the department shall grant a normal
57renewal, reinstatement, or modification, such as an endorsement
58or address change, of the license or identification card in the
59name already existing in the records of the department and the
60citizen may not be required by the department to provide further
61proof of identity. The department may not require a citizen who
62has held a valid Florida driver's license or a valid Florida
63identification card for at least 10 years to submit proof of his
64or her residence address for renewal of the license or
65identification card. In all cases, the department shall
66primarily use the existing photographs in its records as the
67best evidence for identification upon renewal or modification of
68a driver's license or identification card.
69     (3)  The department may not use any national or
70international standard for the photographs required under this
71chapter and may not incorporate any radio frequency
72identification device, any device known as a RFID, or any
73similar electronic tracking device upon or within any driver's
74license or identification card issued. The department may not
75obtain any fingerprints or biometric DNA material from a United
76States citizen for purposes of any issuance, renewal,
77reinstatement, or modification of a driver's license or
78identification card.
79     (4)  A residential address is not required to be displayed
80on the driver's license or identification card of any person
81whose residential address is protected from disclosure by law in
82s. 119.071(4)(d) or s. 741.403.
83     (5)  This section does not prohibit the copying and
84retention of documents submitted by noncitizens when applying
85for a driver's license or identification card.
86     Section 2.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.