Florida Senate - 2015                                     SB 364
       
       
        
       By Senator Soto
       
       
       
       
       
       14-00618-15                                            2015364__
    1                        A bill to be entitled                      
    2         An act relating to driver license requirements;
    3         amending s. 322.08, F.S.; including notice of the
    4         approval of an application for Deferred Action for
    5         Childhood Arrivals status issued by United States
    6         Citizenship and Immigration Services as valid proof of
    7         identity for purposes of applying for a driver
    8         license; reenacting ss. 322.17(3), 322.18(2)(d) and
    9         (4)(c), and 322.19(4), F.S., relating to conditions
   10         and limitations with respect to obtaining a duplicate
   11         or replacement instruction permit or driver license,
   12         expiration of and renewal of a driver license, and
   13         change of name or address on a driver license for
   14         licensees who establish their identity in a specified
   15         manner, to incorporate the amendments made by the act
   16         to s. 322.08, F.S., in references thereto; providing
   17         an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraph (c) of subsection (2) of section
   22  322.08, Florida Statutes, is amended to read:
   23         322.08 Application for license; requirements for license
   24  and identification card forms.—
   25         (2) Each such application shall include the following
   26  information regarding the applicant:
   27         (c) Proof of identity satisfactory to the department. Such
   28  proof must include one of the following documents issued to the
   29  applicant:
   30         1. A driver license record or identification card record
   31  from another jurisdiction that required the applicant to submit
   32  a document for identification which is substantially similar to
   33  a document required under subparagraph 2., subparagraph 3.,
   34  subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
   35  7., or subparagraph 8.;
   36         2. A certified copy of a United States birth certificate;
   37         3. A valid, unexpired United States passport;
   38         4. A naturalization certificate issued by the United States
   39  Department of Homeland Security;
   40         5. A valid, unexpired alien registration receipt card
   41  (green card);
   42         6. A Consular Report of Birth Abroad provided by the United
   43  States Department of State;
   44         7. An unexpired employment authorization card issued by the
   45  United States Department of Homeland Security; or
   46         8. Proof of nonimmigrant classification provided by the
   47  United States Department of Homeland Security, for an original
   48  driver license. In order to prove nonimmigrant classification,
   49  an applicant must provide at least one of the following
   50  documents. In addition, the department may require applicants to
   51  produce United States Department of Homeland Security documents
   52  for the sole purpose of establishing the maintenance of, or
   53  efforts to maintain, continuous lawful presence:
   54         a. A notice of hearing from an immigration court scheduling
   55  a hearing on any proceeding.
   56         b. A notice from the Board of Immigration Appeals
   57  acknowledging pendency of an appeal.
   58         c. A notice of the approval of an application for
   59  adjustment of status issued by the United States Bureau of
   60  Citizenship and Immigration Services.
   61         d. An official documentation confirming the filing of a
   62  petition for asylum or refugee status or any other relief issued
   63  by the United States Bureau of Citizenship and Immigration
   64  Services.
   65         e. A notice of action transferring any pending matter from
   66  another jurisdiction to this state issued by the United States
   67  Bureau of Citizenship and Immigration Services.
   68         f. An order of an immigration judge or immigration officer
   69  granting relief that authorizes the alien to live and work in
   70  the United States, including, but not limited to, asylum.
   71         g. Evidence that an application is pending for adjustment
   72  of status to that of an alien lawfully admitted for permanent
   73  residence in the United States or conditional permanent resident
   74  status in the United States, if a visa number is available
   75  having a current priority date for processing by the United
   76  States Bureau of Citizenship and Immigration Services.
   77         h. On or after January 1, 2010, an unexpired foreign
   78  passport with an unexpired United States Visa affixed,
   79  accompanied by an approved I-94, documenting the most recent
   80  admittance into the United States.
   81         i. A notice of the approval of an application for Deferred
   82  Action for Childhood Arrivals status issued by the United States
   83  Bureau of Citizenship and Immigration Services.
   84  
   85  A driver license or temporary permit issued based on documents
   86  required in subparagraph 7. or subparagraph 8. is valid for a
   87  period not to exceed the expiration date of the document
   88  presented or 1 year.
   89         Section 2. For the purpose of incorporating the amendment
   90  made by this act to section 322.08, Florida Statutes, in a
   91  reference thereto, subsection (3) of section 322.17, Florida
   92  Statutes, is reenacted to read:
   93         322.17 Replacement licenses and permits.—
   94         (3) Notwithstanding any other provisions of this chapter,
   95  if a licensee establishes his or her identity for a driver
   96  license using an identification document authorized under s.
   97  322.08(2)(c)7. or 8., the licensee may not obtain a duplicate or
   98  replacement instruction permit or driver license except in
   99  person and upon submission of an identification document
  100  authorized under s. 322.08(2)(c)7. or 8.
  101         Section 3. For the purpose of incorporating the amendment
  102  made by this act to section 322.08, Florida Statutes, in
  103  references thereto, paragraph (d) of subsection (2) and
  104  paragraph (c) of subsection (4) of section 322.18, Florida
  105  Statutes, are reenacted to read:
  106         322.18 Original applications, licenses, and renewals;
  107  expiration of licenses; delinquent licenses.—
  108         (2) Each applicant who is entitled to the issuance of a
  109  driver license, as provided in this section, shall be issued a
  110  driver license, as follows:
  111         (d) Notwithstanding any other provision of this chapter, if
  112  an applicant establishes his or her identity for a driver
  113  license using a document authorized in s. 322.08(2)(c)7. or 8.,
  114  the driver license shall expire 1 year after the date of
  115  issuance or upon the expiration date cited on the United States
  116  Department of Homeland Security documents, whichever date first
  117  occurs.
  118         (4)
  119         (c) Notwithstanding any other provision of this chapter, if
  120  a licensee establishes his or her identity for a driver license
  121  using an identification document authorized under s.
  122  322.08(2)(c)7. or 8., the licensee may not renew the driver
  123  license except in person and upon submission of an
  124  identification document authorized under s. 322.08(2)(c)7. or 8.
  125  A driver license renewed under this paragraph expires 1 year
  126  after the date of issuance or upon the expiration date cited on
  127  the United States Department of Homeland Security documents,
  128  whichever date first occurs.
  129         Section 4. For the purpose of incorporating the amendment
  130  made by this act to section 322.08, Florida Statutes, in a
  131  reference thereto, subsection (4) of section 322.19, Florida
  132  Statutes, is reenacted to read:
  133         322.19 Change of address or name.—
  134         (4) Notwithstanding any other provision of this chapter, if
  135  a licensee established his or her identity for a driver license
  136  using an identification document authorized under s.
  137  322.08(2)(c)7. or 8., the licensee may not change his or her
  138  name or address except in person and upon submission of an
  139  identification document authorized under s. 322.08(2)(c)7. or 8.
  140         Section 5. This act shall take effect upon becoming a law.