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.