Florida Senate - 2013                                    SB 1304
       By Senator Garcia
       38-01420-13                                           20131304__
    1                        A bill to be entitled                      
    2         An act relating to driver licenses and identification
    3         cards; amending s. 322.08, F.S.; authorizing
    4         alternative forms of identification for certain
    5         applicants for a driver license or identification
    6         card; requiring the department to distinguish between
    7         licenses and cards that are compliant with the REAL ID
    8         Act of 2005 and those that are not in certain
    9         circumstances; providing an effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Section 322.08, Florida Statutes, is amended to
   14  read:
   15         322.08 Application for license; requirements for license
   16  and identification card forms.—
   17         (1) Each application for a driver driver’s license shall be
   18  made in a format designated by the department and sworn to or
   19  affirmed by the applicant as to the truth of the statements made
   20  in the application.
   21         (2) Each such application shall include the following
   22  information regarding the applicant:
   23         (a) Full name (first, middle or maiden, and last), gender,
   24  proof of social security card number satisfactory to the
   25  department, county of residence, mailing address, proof of
   26  residential address satisfactory to the department, country of
   27  birth, and a brief description. An applicant who is ineligible
   28  to obtain a social security card number must provide a federal
   29  individual taxpayer identification number or a number associated
   30  with the document establishing identity under paragraph (c).
   31         (b) Proof of birth date satisfactory to the department.
   32         (c) Proof of identity satisfactory to the department. Such
   33  proof must include one of the following documents issued to the
   34  applicant:
   35         1. A driver license record or identification card record
   36  from another jurisdiction that required the applicant to submit
   37  a document for identification which is substantially similar to
   38  a document required under subparagraph 2., subparagraph 3.,
   39  subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
   40  7., or subparagraph 8.;
   41         2. A certified copy of a United States birth certificate;
   42         3. A valid, unexpired United States passport;
   43         4. A naturalization certificate issued by the United States
   44  Department of Homeland Security;
   45         5. A valid, unexpired alien registration receipt card
   46  (green card);
   47         6. A Consular Report of Birth Abroad provided by the United
   48  States Department of State;
   49         7. An unexpired employment authorization card issued by the
   50  United States Department of Homeland Security; or
   51         8. Proof of nonimmigrant classification provided by the
   52  United States Department of Homeland Security, for an original
   53  driver license. In order to prove nonimmigrant classification,
   54  an applicant must provide at least one of the following
   55  documents. In addition, the department may require applicants to
   56  produce United States Department of Homeland Security documents
   57  for the sole purpose of establishing the maintenance of, or
   58  efforts to maintain, continuous lawful presence:
   59         a. A notice of hearing from an immigration court scheduling
   60  a hearing on any proceeding.
   61         b. A notice from the Board of Immigration Appeals
   62  acknowledging pendency of an appeal.
   63         c. A notice of the approval of an application for
   64  adjustment of status issued by the United States Bureau of
   65  Citizenship and Immigration Services.
   66         d. An official documentation confirming the filing of a
   67  petition for asylum or refugee status or any other relief issued
   68  by the United States Bureau of Citizenship and Immigration
   69  Services.
   70         e. A notice of action transferring any pending matter from
   71  another jurisdiction to this state issued by the United States
   72  Bureau of Citizenship and Immigration Services.
   73         f. An order of an immigration judge or immigration officer
   74  granting relief that authorizes the alien to live and work in
   75  the United States, including, but not limited to, asylum.
   76         g. Evidence that an application is pending for adjustment
   77  of status to that of an alien lawfully admitted for permanent
   78  residence in the United States or conditional permanent resident
   79  status in the United States, if a visa number is available
   80  having a current priority date for processing by the United
   81  States Bureau of Citizenship and Immigration Services.
   82         h. On or after January 1, 2010, an unexpired foreign
   83  passport with an unexpired United States Visa affixed,
   84  accompanied by an approved I-94, documenting the most recent
   85  admittance into the United States;.
   86         9.A valid passport from the applicant’s country of
   87  citizenship; or
   88         10.A valid consular identification document issued by the
   89  government of Mexico or Guatemala, or any government that has
   90  security standards and protocols that are compliant with those
   91  of Mexico or Guatemala, as determined by the department.
   93  A driver license or temporary permit issued based on documents
   94  required in subparagraph 7., or subparagraph 8., subparagraph
   95  9., or subparagraph 10. is valid for a period not to exceed the
   96  expiration date of the document presented or 1 year.
   97         (d) Whether the applicant has previously been licensed to
   98  drive, and, if so, when and by what state, and whether any such
   99  license or driving privilege has ever been disqualified,
  100  revoked, or suspended, or whether an application has ever been
  101  refused, and, if so, the date of and reason for such
  102  disqualification, suspension, revocation, or refusal.
  103         (e) Each such application may include fingerprints and
  104  other unique biometric means of identity.
  105         (3) Each such application shall include a consent to
  106  release driving record information, entitling the department to
  107  request, receive, and exchange such information with other
  108  jurisdictions.
  109         (4) In addition to the requirements of subsections (1),
  110  (2), and (3), each application for a commercial driver driver’s
  111  license shall include a certification as to whether the
  112  applicant is required by federal or state law to undergo
  113  biennial physical examinations and other certifications required
  114  by the department.
  115         (5) The department may not issue a driver driver’s license
  116  to a person who has never been issued a driver driver’s license
  117  in any jurisdiction until he or she successfully completes the
  118  traffic law and substance abuse education course prescribed in
  119  s. 322.095.
  120         (6) The department may not issue a driver driver’s license
  121  or identification card, as described in s. 322.051, to an
  122  applicant if the applicant holds a valid driver driver’s license
  123  or identification card issued by any state.
  124         (7) The application form for an original, renewal, or
  125  replacement driver license or identification card shall include
  126  language permitting the following:
  127         (a) A voluntary contribution of $1 per applicant, which
  128  contribution shall be deposited into the Health Care Trust Fund
  129  for organ and tissue donor education and for maintaining the
  130  organ and tissue donor registry.
  131         (b) A voluntary contribution of $1 per applicant, which
  132  contribution shall be distributed to the Florida Council of the
  133  Blind.
  134         (c) A voluntary contribution of $2 per applicant, which
  135  shall be distributed to the Hearing Research Institute,
  136  Incorporated.
  137         (d) A voluntary contribution of $1 per applicant, which
  138  shall be distributed to the Juvenile Diabetes Foundation
  139  International.
  140         (e) A voluntary contribution of $1 per applicant, which
  141  shall be distributed to the Children’s Hearing Help Fund.
  142         (f) A voluntary contribution of $1 per applicant, which
  143  shall be distributed to Family First, a nonprofit organization.
  144         (g) A voluntary contribution of $1 per applicant to Stop
  145  Heart Disease, which shall be distributed to the Florida Heart
  146  Research Institute, a nonprofit organization.
  147         (h) A voluntary contribution of $1 per applicant to Senior
  148  Vision Services, which shall be distributed to the Florida
  149  Association of Agencies Serving the Blind, Inc., a not-for
  150  profit organization.
  151         (i) A voluntary contribution of $1 per applicant for
  152  services for persons with developmental disabilities, which
  153  shall be distributed to The Arc of Florida.
  154         (j) A voluntary contribution of $1 to the Ronald McDonald
  155  House, which shall be distributed each month to Ronald McDonald
  156  House Charities of Tampa Bay, Inc.
  157         (k) Notwithstanding s. 322.081, a voluntary contribution of
  158  $1 per applicant, which shall be distributed to the League
  159  Against Cancer/La Liga Contra el Cancer, a not-for-profit
  160  organization.
  161         (l) A voluntary contribution of $1 per applicant to Prevent
  162  Child Sexual Abuse, which shall be distributed to Lauren’s Kids,
  163  Inc., a nonprofit organization.
  164         (m) A voluntary contribution of $1 per applicant, which
  165  shall be distributed to Prevent Blindness Florida, a not-for
  166  profit organization, to prevent blindness and preserve the sight
  167  of the residents of this state.
  168         (n) Notwithstanding s. 322.081, a voluntary contribution of
  169  $1 per applicant to the state homes for veterans, to be
  170  distributed on a quarterly basis by the department to the State
  171  Homes for Veterans Trust Fund, which is administered by the
  172  Department of Veterans’ Affairs.
  173         (o) A voluntary contribution of $1 per applicant to the
  174  Disabled American Veterans, Department of Florida, which shall
  175  be distributed quarterly to Disabled American Veterans,
  176  Department of Florida, a nonprofit organization.
  177         (p) A voluntary contribution of $1 per applicant for Autism
  178  Services and Supports, which shall be distributed to Achievement
  179  and Rehabilitation Centers, Inc., Autism Services Fund.
  180         (q) A voluntary contribution of $1 per applicant to Support
  181  Our Troops, which shall be distributed to Support Our Troops,
  182  Inc., a Florida not-for-profit organization.
  184  A statement providing an explanation of the purpose of the trust
  185  funds shall also be included. For the purpose of applying the
  186  service charge provided in s. 215.20, contributions received
  187  under paragraphs (b)-(q) are not income of a revenue nature.
  188         (8) The department may collect electronic mail addresses
  189  and use electronic mail in lieu of the United States Postal
  190  Service for the purpose of providing renewal notices.
  191         (9)If the United States Department of Homeland Security
  192  notifies the department of a final deadline by which this state
  193  must fully comply with the REAL ID Act of 2005, Pub. L. No. 109
  194  13, ss. 201–202, and determines that the state is otherwise
  195  fully compliant with the act, any noncompliant licenses and
  196  cards shall be distinguished from REAL ID-compliant licenses and
  197  cards in accordance with law.
  198         Section 2. This act shall take effect July 1, 2013.