Florida Senate - 2012 SB 1760
By Senator Garcia
40-00483-12 20121760__
1 A bill to be entitled
2 An act relating to issuing a restrictive driving
3 privilege card to an illegal immigrant residing in
4 this state; creating s. 322.045, F.S.; authorizing the
5 Department of Highway Safety and Motor Vehicles to
6 issue a restrictive driving privilege card to an
7 illegal immigrant to allow the illegal immigrant to
8 drive a motor vehicle on the highways of this state;
9 defining terms; authorizing an illegal immigrant to
10 apply for a restrictive driving privilege card;
11 specifying the contents of the application;
12 prohibiting the department from issuing a restrictive
13 driving privilege card to a person who has never been
14 issued a driver license in any jurisdiction until he
15 or she successfully completes the traffic law and
16 substance abuse education; prohibiting the department
17 from issuing a restrictive driving privilege card to
18 an applicant if the applicant holds a valid driver
19 license issued by another state; requiring that the
20 department issue the card if an applicant establishes
21 his or her eligibility; providing that a restrictive
22 driving privilege card expires 1 year after the date
23 of issuance; requiring that an applicant renew the
24 card or obtain a duplicate in person; requiring that
25 the front of the restrictive driving privilege card
26 clearly display specified information; authorizing a
27 cardholder to renew a restrictive driving privilege 1
28 year after the initial issuance of the card; requiring
29 that a renewal application received later than 90 days
30 after expiration of a restrictive driving privilege
31 card be renewed using the same procedures applicable
32 to the original card; providing procedures for the
33 application for a duplicate if the card is lost,
34 destroyed, or mutilated or if a new name is acquired;
35 providing that a public entity is not liable for any
36 loss or injury resulting directly or indirectly from
37 false or inaccurate information contained on a
38 restrictive driving privilege card; prohibiting an
39 illegal immigrant from undertaking certain activities
40 relating to a restrictive driving privilege card;
41 requiring that a person who accepts a Florida driver
42 license as proof of identification accept a
43 restrictive driving privilege card in specified
44 circumstances; providing an effective date.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. Section 322.045, Florida Statutes, is created to
49 read:
50 322.045 Restrictive driving privilege card for an illegal
51 immigrant residing in this state.—
52 (1) Notwithstanding any other law, an illegal immigrant may
53 drive a motor vehicle on the highways of this state if the
54 illegal immigrant has been granted a restrictive driving
55 privilege card issued by the Department of Highway Safety and
56 Motor Vehicles under this section. An illegal immigrant may not
57 drive a type or class of motor vehicle unless specifically
58 granted the privilege to do so by the restrictive driving
59 privilege card.
60 (2) As used in this section, the term:
61 (a) “Applicant” means an illegal immigrant who applies for
62 a restrictive driving privilege card.
63 (b) “Illegal immigrant” means a person who cannot prove his
64 or her legal resident status in this country by providing one or
65 more of the following documents:
66 1. A certified copy of a United States birth certificate.
67 2. A valid, unexpired United States passport.
68 3. A naturalization certificate issued by the United States
69 Department of Homeland Security.
70 4. A valid, unexpired alien registration receipt card
71 (green card).
72 5. A Consular Report of Birth Abroad provided by the United
73 States Department of State.
74 6. An unexpired employment authorization card issued by the
75 United States Department of Homeland Security.
76 7. Proof of nonimmigrant classification provided by the
77 United States Department of Homeland Security. An applicant may
78 produce, but is not limited to, the following documents to prove
79 that he or she is qualified for nonimmigrant classification:
80 a. Notice of a scheduled hearing on a proceeding from an
81 immigration court.
82 b. Notice from the Board of Immigration Appeals
83 acknowledging pendency of an appeal.
84 c. Notice of the approval of an application for adjustment
85 of status issued by the United States Bureau of Citizenship and
86 Immigration Services.
87 d. An official documentation confirming the filing of a
88 petition for asylum or refugee status or any other relief issued
89 by the United States Bureau of Citizenship and Immigration
90 Services.
91 e. Notice of an action transferring any pending matter from
92 another jurisdiction to this state, issued by the United States
93 Bureau of Citizenship and Immigration Services.
94 f. Order of an immigration judge or immigration officer
95 granting any relief that authorizes the immigrant to live and
96 work in the United States, including, but not limited to,
97 asylum.
98 g. Evidence that an application is pending for adjustment
99 of status to that of an immigrant lawfully admitted for
100 permanent resident status or conditional permanent resident
101 status in the United States, if a visa number is available
102 having a current priority date for processing by the United
103 States Bureau of Citizenship and Immigration Services.
104 h. On or after January 1, 2010, an unexpired foreign
105 passport with an unexpired United States visa affixed,
106 accompanied by an approved I-94, documenting the most recent
107 admittance into the United States.
108
109 The lack of any of the documents described in this paragraph
110 entitles the illegal immigrant to apply for a restrictive
111 driving privilege card for a period not to exceed 1 year.
112 (c) “Restrictive driving privilege card” means a card
113 issued under this section to an illegal immigrant to give him or
114 her the privilege of driving a motor vehicle in this state.
115 (3)(a) An illegal immigrant who applies for a restrictive
116 driving privilege card may be issued such a card by the
117 department after completing a written and driving licensing
118 test, filing a completed application, and submitting the
119 applicable fee pursuant to s. 322.21. An application for a
120 restrictive driving privilege card must be signed and verified
121 by the applicant, in a format designated by the department,
122 before an agent of the department who is authorized to
123 administer oaths.
124 (b) The application must include the following information:
125 1. Full name, gender, county of residence, mailing address,
126 country of birth, and a brief description of the applicant.
127 2. Proof of the applicant’s birth date which is deemed
128 satisfactory to the department.
129 3. Proof of residence which is deemed satisfactory to the
130 department. Such proof includes, but is not limited to, one or
131 more of the following documents:
132 a. A driver license record or identification card record
133 from another jurisdiction that required the applicant to submit
134 a document for identification substantially similar to a
135 document required under this section.
136 b. A utility bill other than a cellular phone bill.
137 c. A bank statement.
138 d. A residential rental contract.
139 e. A major credit card billing statement.
140 4. Proof of financial responsibility.
141 5. A completed medical questions and vision test.
142 6. A current photo of the applicant.
143 (c) The application must include a consent to release
144 driving record information, entitling the department to request,
145 receive, and exchange that information with other jurisdictions.
146 (4)(a) The department may not issue a restrictive driving
147 privilege card to an applicant who has never been issued a
148 driver license in any jurisdiction until he or she successfully
149 completes the traffic law and substance abuse education course
150 prescribed in s. 322.095.
151 (b) The department may not issue a restrictive driving
152 privilege card to an applicant if the applicant holds a valid
153 driver license issued by another state.
154 (5) Notwithstanding any other provision of this chapter, if
155 an applicant establishes his or her eligibility for a
156 restrictive driving privilege card under this section, the
157 department shall issue the card. The card expires 1 year after
158 the date of issuance, and the applicant may not renew the card
159 or obtain a duplicate except in person.
160 (6) The department, upon receipt of the required fee and
161 documents, shall issue to the qualified applicant a restrictive
162 driving privilege card. The front of the restrictive driving
163 privilege card must clearly display:
164 (a) A phrase substantially similar to “FOR DRIVING
165 PRIVILEGES ONLY IN THE STATE OF FLORIDA.”
166 (b) A fullface color photograph or digital image of the
167 cardholder. Notwithstanding chapter 761 or s. 761.05, the
168 requirement for a fullface color photograph or digital image of
169 the cardholder may not be waived. A space shall be provided upon
170 which the cardholder shall affix his or her usual signature, as
171 required in s. 322.14, in the presence of an authorized agent of
172 the department so as to ensure that the signature becomes a part
173 of the identification card.
174 (c) A capital “I” indicating that the restrictive driving
175 privilege card has been issued to an illegal immigrant.
176 (d) A statement specifying any restriction applicable to
177 the cardholder.
178 (7) A restrictive driving privilege card may be renewed
179 within 90 days after the 1-year anniversary of the issuance of
180 the card. A renewal application received later than 90 days
181 after the expiration of the card must be renewed following the
182 same procedures applicable to the original restrictive driving
183 privilege card.
184 (8) If a restrictive driving privilege card is lost,
185 destroyed, or mutilated or if a new name is acquired, the person
186 to whom the card was issued may obtain a duplicate upon
187 furnishing satisfactory proof of such fact to the department and
188 upon payment of a fee as provided in s. 322.21. The fee must
189 include payment for the fullface color photograph or digital
190 image of the applicant. A person who loses a restrictive driving
191 privilege card and who, after obtaining a duplicate, finds the
192 original card shall immediately surrender the original card to
193 the department. The same documentary evidence shall be furnished
194 for the duplicate as for the original restrictive driving
195 privilege card.
196 (9) A public entity is not liable for a loss or injury
197 resulting directly or indirectly from false or inaccurate
198 information contained on a restrictive driving privilege card
199 provided for in this section.
200 (10) A person may not:
201 (a) Display, cause or permit to be displayed, or have in
202 his or her possession a fictitious, fraudulently altered, or
203 fraudulently obtained restrictive driving privilege card.
204 (b) Lend his or her restrictive driving privilege card to
205 another person or knowingly permit the use thereof by another
206 person.
207 (c) Display or represent a restrictive driving privilege
208 card not issued to him or her as being his or her card.
209 (d) Permit the unlawful use of a restrictive driving
210 privilege card issued to him or her.
211 (e) Perform an act that is forbidden, or fail to perform an
212 act that is required, by this section.
213 (11) A person accepting the Florida driver license as proof
214 of identification must accept a restrictive driving privilege
215 card as proof of identification if the bearer of a restrictive
216 driving privilege card does not have a driver license.
217 Section 2. This act shall take effect July 1, 2012.