Florida Senate - 2021                                    SB 1356
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01736-21                                           20211356__
    1                        A bill to be entitled                      
    2         An act relating to driver license and identification
    3         card gender designation; amending ss. 322.051 and
    4         322.08, F.S.; requiring an application for a driver
    5         license or identification card to provide for male,
    6         female, or nonbinary gender designation; amending ss.
    7         98.093, 320.05, 322.091, 322.14, and 322.17, F.S.;
    8         conforming provisions to changes made by the act;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (a) of subsection (1) of section
   14  322.051, Florida Statutes, is amended to read:
   15         322.051 Identification cards.—
   16         (1) Any person who is 5 years of age or older, or any
   17  person who has a disability, regardless of age, who applies for
   18  a disabled parking permit under s. 320.0848, may be issued an
   19  identification card by the department upon completion of an
   20  application and payment of an application fee.
   21         (a) The application must include the following information
   22  regarding the applicant:
   23         1.a. Full name, which must include the applicant’s (first,
   24  middle or maiden, and last names.),
   25         b. Gender designation, which must provide for male, female,
   26  or nonbinary designation.
   27         c. Proof of social security card number satisfactory to the
   28  department, which may include a military identification card.,
   29         d. County of residence.,
   30         e. Mailing address.,
   31         f. Proof of residential address satisfactory to the
   32  department.,
   33         g. Country of birth., and
   34         h. A brief description.
   35         2. Proof of birth date satisfactory to the department.
   36         3. Proof of identity satisfactory to the department. Such
   37  proof must include one of the following documents issued to the
   38  applicant:
   39         a. A driver license record or identification card record
   40  from another jurisdiction that required the applicant to submit
   41  a document for identification which is substantially similar to
   42  a document required under sub-subparagraph b., sub-subparagraph
   43  c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
   44  f., sub-subparagraph g., or sub-subparagraph h.;
   45         b. A certified copy of a United States birth certificate;
   46         c. A valid, unexpired United States passport;
   47         d. A naturalization certificate issued by the United States
   48  Department of Homeland Security;
   49         e. A valid, unexpired alien registration receipt card
   50  (green card);
   51         f. A Consular Report of Birth Abroad provided by the United
   52  States Department of State;
   53         g. An unexpired employment authorization card issued by the
   54  United States Department of Homeland Security; or
   55         h. Proof of nonimmigrant classification provided by the
   56  United States Department of Homeland Security, for an original
   57  identification card. In order to prove nonimmigrant
   58  classification, an applicant must provide at least one of the
   59  following documents. In addition, the department may require
   60  applicants to produce United States Department of Homeland
   61  Security documents for the sole purpose of establishing the
   62  maintenance of, or efforts to maintain, continuous lawful
   63  presence:
   64         (I) A notice of hearing from an immigration court
   65  scheduling a hearing on any proceeding.
   66         (II) A notice from the Board of Immigration Appeals
   67  acknowledging pendency of an appeal.
   68         (III) A notice of the approval of an application for
   69  adjustment of status issued by the United States Citizenship and
   70  Immigration Services.
   71         (IV) An official documentation confirming the filing of a
   72  petition for asylum or refugee status or any other relief issued
   73  by the United States Citizenship and Immigration Services.
   74         (V) A notice of action transferring any pending matter from
   75  another jurisdiction to Florida, issued by the United States
   76  Citizenship and Immigration Services.
   77         (VI) An order of an immigration judge or immigration
   78  officer granting relief that authorizes the alien to live and
   79  work in the United States, including, but not limited to,
   80  asylum.
   81         (VII) Evidence that an application is pending for
   82  adjustment of status to that of an alien lawfully admitted for
   83  permanent residence in the United States or conditional
   84  permanent resident status in the United States, if a visa number
   85  is available having a current priority date for processing by
   86  the United States Citizenship and Immigration Services.
   87         (VIII) On or after January 1, 2010, an unexpired foreign
   88  passport with an unexpired United States Visa affixed,
   89  accompanied by an approved I-94, documenting the most recent
   90  admittance into the United States.
   91  
   92  An identification card issued based on documents required in
   93  sub-subparagraph g. or sub-subparagraph h. is valid for a period
   94  not to exceed the expiration date of the document presented or 1
   95  year, whichever occurs first.
   96         Section 2. Paragraph (a) of subsection (2) of section
   97  322.08, Florida Statutes, is amended to read:
   98         322.08 Application for license; requirements for license
   99  and identification card forms.—
  100         (2) Each such application shall include the following
  101  information regarding the applicant:
  102         (a)1. Full name, which must include the applicant’s (first,
  103  middle or maiden, and last names.),
  104         2. Gender designation, which must provide for male, female,
  105  or nonbinary designation.
  106         3. Proof of social security card number satisfactory to the
  107  department, which may include a military identification card.,
  108         4. County of residence.,
  109         5. Mailing address.,
  110         6. Proof of residential address satisfactory to the
  111  department.,
  112         7. Country of birth., and
  113         8. A brief description.
  114         Section 3. Paragraph (g) of subsection (2) of section
  115  98.093, Florida Statutes, is amended to read:
  116         98.093 Duty of officials to furnish information relating to
  117  deceased persons, persons adjudicated mentally incapacitated,
  118  and persons convicted of a felony.—
  119         (2) To the maximum extent feasible, state and local
  120  government agencies shall facilitate provision of information
  121  and access to data to the department, including, but not limited
  122  to, databases that contain reliable criminal records and records
  123  of deceased persons. State and local government agencies that
  124  provide such data shall do so without charge if the direct cost
  125  incurred by those agencies is not significant.
  126         (g) The Department of Highway Safety and Motor Vehicles
  127  shall furnish monthly to the department a list of those persons
  128  whose names have been removed from the driver license database
  129  because they have been licensed in another state. The list shall
  130  contain the name, address, date of birth, gender designation
  131  sex, social security number, and driver license number of each
  132  such person.
  133         Section 4. Paragraph (b) of subsection (3) of section
  134  320.05, Florida Statutes, is amended to read:
  135         320.05 Records of the department; inspection procedure;
  136  lists and searches; fees.—
  137         (3)
  138         (b) Fees therefor shall be charged and collected as
  139  follows:
  140         1. For providing lists of motor vehicle or vessel records
  141  for the entire state, or any part or parts thereof, divided
  142  according to counties, a sum computed at a rate of not less than
  143  1 cent nor more than 5 cents per item.
  144         2. For providing noncertified photographic copies of motor
  145  vehicle or vessel documents, $1 per page.
  146         3. For providing noncertified photographic copies of
  147  micrographic records, $1 per page.
  148         4. For providing certified copies of motor vehicle or
  149  vessel records, $3 per record.
  150         5. For providing noncertified computer-generated printouts
  151  of motor vehicle or vessel records, 50 cents per record.
  152         6. For providing certified computer-generated printouts of
  153  motor vehicle or vessel records, $3 per record.
  154         7. For providing electronic access to motor vehicle,
  155  vessel, and mobile home registration data requested by tag,
  156  vehicle identification number, title number, or decal number, 50
  157  cents per item.
  158         8. For providing electronic access to driver license status
  159  report by name, gender designation sex, and date of birth or by
  160  driver license number, 50 cents per item.
  161         9. For providing lists of licensed mobile home dealers and
  162  manufacturers and recreational vehicle dealers and
  163  manufacturers, $15 per list.
  164         10. For providing lists of licensed motor vehicle dealers,
  165  $25 per list.
  166         11. For each copy of a videotape record, $15 per tape.
  167         12. For each copy of the Division of Motorist Services
  168  Procedures Manual, $25.
  169         Section 5. Subsection (5) of section 322.091, Florida
  170  Statutes, is amended to read:
  171         322.091 Attendance requirements.—
  172         (5) REPORTING AND ACCOUNTABILITY.—The department shall
  173  report quarterly to each school district the legal name, gender
  174  designation sex, date of birth, and social security number of
  175  each student whose driving privileges have been suspended under
  176  this section.
  177         Section 6. Paragraph (a) of subsection (1) of section
  178  322.14, Florida Statutes, is amended to read:
  179         322.14 Licenses issued to drivers.—
  180         (1)(a) The department shall, upon successful completion of
  181  all required examinations and payment of the required fee, issue
  182  to every qualified applicant a driver license that must bear a
  183  color photograph or digital image of the licensee; the name of
  184  the state; a distinguishing number assigned to the licensee; and
  185  the licensee’s full name, date of birth, and residence address;
  186  a brief description of the licensee, including, but not limited
  187  to, the licensee’s gender designation and height; and the dates
  188  of issuance and expiration of the license. A space shall be
  189  provided upon which the licensee shall affix his or her usual
  190  signature. A license is invalid until it has been signed by the
  191  licensee except that the signature of the licensee is not
  192  required if it appears thereon in facsimile or if the licensee
  193  is not present within the state at the time of issuance.
  194         Section 7. Paragraphs (a) and (b) of subsection (1) of
  195  section 322.17, Florida Statutes, are amended to read:
  196         322.17 Replacement licenses and permits.—
  197         (1)(a) In the event that an instruction permit or driver
  198  license issued under the provisions of this chapter is lost or
  199  destroyed, the person to whom the permit or license same was
  200  issued may, upon payment of the appropriate fee pursuant to s.
  201  322.21, obtain a replacement upon furnishing proof satisfactory
  202  to the department that such permit or license has been lost or
  203  destroyed, and further furnishing the full name, date of birth,
  204  gender designation sex, residence and mailing address, proof of
  205  birth satisfactory to the department, and proof of identity
  206  satisfactory to the department.
  207         (b) In the event that an instruction permit or driver
  208  license issued under the provisions of this chapter is stolen,
  209  the person to whom the permit or license same was issued may, at
  210  no charge, obtain a replacement upon furnishing proof
  211  satisfactory to the department that such permit or license was
  212  stolen and further furnishing the full name, date of birth,
  213  gender designation sex, residence and mailing address, proof of
  214  birth satisfactory to the department, and proof of identity
  215  satisfactory to the department.
  216         Section 8. This act shall take effect July 1, 2021.