Florida Senate - 2018                                    SB 1294
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       37-00178-18                                           20181294__
    1                        A bill to be entitled                      
    2         An act relating to driver licenses and identification
    3         cards; amending s. 322.08, F.S.; requiring proof of a
    4         taxpayer identification number or other specified
    5         identification number for certain applicants for a
    6         driver license; authorizing additional specified
    7         documents that are issued by foreign governments to
    8         satisfy proof-of-identity requirements; providing that
    9         a driver license or temporary permit issued based on
   10         specified documents is valid for a specified period;
   11         amending s. 322.12, F.S.; prohibiting the Department
   12         of Highway Safety and Motor Vehicles from waiving
   13         certain tests for applicants who provide proof of
   14         identity using specified foreign documents; amending
   15         s. 322.14, F.S.; requiring the department to mark
   16         licenses to indicate compliance with the REAL ID Act
   17         of 2005 under specified circumstances; amending ss.
   18         322.17, 322.18, and 322.19, F.S.; prohibiting a
   19         licensee from obtaining a duplicate or replacement
   20         instruction permit or driver license, renewing a
   21         driver license, or changing his or her name or
   22         address, except in person and upon submission of
   23         specified identification documents under certain
   24         circumstances; conforming provisions to changes made
   25         by the act; providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Subsection (2) of section 322.08, Florida
   30  Statutes, is amended to read:
   31         322.08 Application for license; requirements for license
   32  and identification card forms.—
   33         (2) Each such application may include fingerprints and
   34  other unique biometric means of identity and Each such
   35  application shall include the following information regarding
   36  the applicant:
   37         (a) Full name (first, middle or maiden, and last), gender,
   38  proof of social security card number satisfactory to the
   39  department, which may include a military identification card,
   40  county of residence, mailing address, proof of residential
   41  address satisfactory to the department, country of birth, and a
   42  brief description. An applicant who is ineligible for a social
   43  security card must provide proof of a taxpayer identification
   44  number or proof of a number associated with the document
   45  establishing identity under paragraph (c).
   46         (b) Proof of birth date satisfactory to the department.
   47         (c) Proof of identity satisfactory to the department. Such
   48  proof must include one of the following documents issued to the
   49  applicant:
   50         1. A driver license record or identification card record
   51  from another jurisdiction that required the applicant to submit
   52  a document for identification which is substantially similar to
   53  a document required under subparagraph 2., subparagraph 3.,
   54  subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
   55  7., or subparagraph 8.;
   56         2. A certified copy of a United States birth certificate.;
   57         3. A valid, unexpired United States passport.;
   58         4. A naturalization certificate issued by the United States
   59  Department of Homeland Security.;
   60         5. A valid, unexpired alien registration receipt card
   61  (green card).;
   62         6. A Consular Report of Birth Abroad provided by the United
   63  States Department of State.;
   64         7. An unexpired employment authorization card issued by the
   65  United States Department of Homeland Security.; or
   66         8. Proof of nonimmigrant classification provided by the
   67  United States Department of Homeland Security, for an original
   68  driver license. In order to prove nonimmigrant classification,
   69  an applicant must provide at least one of the following
   70  documents. In addition, the department may require applicants to
   71  produce United States Department of Homeland Security documents
   72  for the sole purpose of establishing the maintenance of, or
   73  efforts to maintain, continuous lawful presence. In order to
   74  prove nonimmigrant classification, an applicant must provide at
   75  least one of the following documents:
   76         a. A notice of hearing from an immigration court scheduling
   77  a hearing on any proceeding.
   78         b. A notice from the Board of Immigration Appeals
   79  acknowledging pendency of an appeal.
   80         c. A notice of the approval of an application for
   81  adjustment of status issued by the United States Citizenship and
   82  Immigration Services.
   83         d. An official documentation confirming the filing of a
   84  petition for asylum or refugee status or any other relief issued
   85  by the United States Citizenship and Immigration Services.
   86         e. A notice of action transferring any pending matter from
   87  another jurisdiction to this state issued by the United States
   88  Citizenship and Immigration Services.
   89         f. An order of an immigration judge or immigration officer
   90  granting relief which that authorizes the alien to live and work
   91  in the United States, including, but not limited to, asylum.
   92         g. Evidence that an application is pending for adjustment
   93  of status to that of an alien lawfully admitted for permanent
   94  residence in the United States or conditional permanent resident
   95  status in the United States, if a visa number is available
   96  having a current priority date for processing by the United
   97  States Citizenship and Immigration Services.
   98         h. On or after January 1, 2010, an unexpired foreign
   99  passport with an unexpired United States Visa affixed,
  100  accompanied by an approved I-94, documenting the most recent
  101  admittance into the United States.
  102         9. A passport issued by a foreign government.
  103         10. A birth certificate issued by a foreign government.
  104         11. A consular identification document issued by the
  105  government of Mexico, or a document issued by another government
  106  which the department determines is substantially similar.
  107  
  108  A driver license or temporary permit issued based on documents
  109  required in subparagraph 7., or subparagraph 8., subparagraph
  110  9., subparagraph 10., or subparagraph 11. is valid for a period
  111  not to exceed the expiration date of the document presented or 1
  112  year.
  113         (d) Whether the applicant has previously been licensed to
  114  drive, and, if so, when and by what state, and whether any such
  115  license or driving privilege has ever been disqualified,
  116  revoked, or suspended, or whether an application has ever been
  117  refused, and, if so, the date of and reason for such
  118  disqualification, suspension, revocation, or refusal.
  119         (e) Each such application may include fingerprints and
  120  other unique biometric means of identity.
  121         Section 2. Subsection (1) of section 322.12, Florida
  122  Statutes, is amended to read:
  123         322.12 Examination of applicants.—
  124         (1) It is the intent of the Legislature that every
  125  applicant for an original driver license in this state be
  126  required to pass an examination pursuant to this section.
  127  However, the department may waive the knowledge, endorsement,
  128  and skills tests for an applicant who is otherwise qualified,
  129  except for an applicant who provides proof of identity under s.
  130  322.08(2)(c)9., s. 322.08(2)(c)10., or s. 322.08(2)(c)11., and
  131  who surrenders a valid driver license from another state or a
  132  province of Canada, or a valid driver license issued by the
  133  United States Armed Forces, if the driver applies for a Florida
  134  license of an equal or lesser classification. Any applicant who
  135  fails to pass the initial knowledge test incurs a $10 fee for
  136  each subsequent test, to be deposited into the Highway Safety
  137  Operating Trust Fund. Any applicant who fails to pass the
  138  initial skills test incurs a $20 fee for each subsequent test,
  139  to be deposited into the Highway Safety Operating Trust Fund. A
  140  person who seeks to retain a hazardous-materials endorsement,
  141  pursuant to s. 322.57(1)(e), must pass the hazardous-materials
  142  test, upon surrendering his or her commercial driver license, if
  143  the person has not taken and passed the hazardous-materials test
  144  within 2 years before applying for a commercial driver license
  145  in this state.
  146         Section 3. Subsection (3) is added to section 322.14,
  147  Florida Statutes, to read:
  148         322.14 Licenses issued to drivers.—
  149         (3) If the United States Department of Homeland Security
  150  notifies the department of a final deadline by which this state
  151  must fully comply with ss. 201 and 202 of the REAL ID Act of
  152  2005, Pub. L. No. 109-13, and determines that the state is
  153  otherwise in full compliance with the act, the department shall
  154  mark all licenses issued after the date of full compliance to
  155  indicate compliance with the act.
  156         Section 4. Subsection (3) of section 322.17, Florida
  157  Statutes, is amended to read:
  158         322.17 Replacement licenses and permits.—
  159         (3) Notwithstanding any other provision provisions of this
  160  chapter, if a licensee establishes his or her identity for a
  161  driver license using an identification document authorized under
  162  s. 322.08(2)(c)7., or 8., 9., 10., or 11., the licensee may not
  163  obtain a duplicate or replacement instruction permit or driver
  164  license except in person and upon submission of an
  165  identification document authorized under s. 322.08(2)(c)7., or
  166  8., 9., 10., or 11.
  167         Section 5. Paragraph (d) of subsection (2) and paragraph
  168  (c) of subsection (4) of section 322.18, Florida Statutes, are
  169  amended to read:
  170         322.18 Original applications, licenses, and renewals;
  171  expiration of licenses; delinquent licenses.—
  172         (2) Each applicant who is entitled to the issuance of a
  173  driver license, as provided in this section, shall be issued a
  174  driver license, as follows:
  175         (d) Notwithstanding any other provision of this chapter, if
  176  an applicant establishes his or her identity for a driver
  177  license using a document authorized in s. 322.08(2)(c)7., or 8.,
  178  9., 10., or 11., the driver license shall expire 1 year after
  179  the date of issuance or upon the expiration date cited on the
  180  United States Department of Homeland Security documents,
  181  whichever date first occurs.
  182         (4)
  183         (c) Notwithstanding any other provision of this chapter, if
  184  a licensee establishes his or her identity for a driver license
  185  using an identification document authorized under s.
  186  322.08(2)(c)7., or 8., 9., 10., or 11., the licensee may not
  187  renew the driver license except in person and upon submission of
  188  an identification document authorized under s. 322.08(2)(c)7.,
  189  or 8., 9., 10., or 11. A driver license renewed under this
  190  paragraph expires 1 year after the date of issuance or upon the
  191  expiration date cited on the United States Department of
  192  Homeland Security documents, whichever date first occurs.
  193         Section 6. Subsection (4) of section 322.19, Florida
  194  Statutes, is amended to read:
  195         322.19 Change of address or name.—
  196         (4) Notwithstanding any other provision of this chapter, if
  197  a licensee established his or her identity for a driver license
  198  using an identification document authorized under s.
  199  322.08(2)(c)7., or 8., 9., 10., or 11., the licensee may not
  200  change his or her name or address except in person and upon
  201  submission of an identification document authorized under s.
  202  322.08(2)(c)7., or 8., 9., 10., or 11.
  203         Section 7. This act shall take effect July 1, 2018.