Florida Senate - 2015                              CS for SB 240
       
       
        
       By the Committee on Transportation; and Senators Brandes and
       Gaetz
       
       
       
       
       596-02199-15                                           2015240c1
    1                        A bill to be entitled                      
    2         An act relating to driver licenses and identification
    3         cards; amending ss. 322.051 and 322.08, F.S.;
    4         providing for the Department of Highway Safety and
    5         Motor Vehicles to accept a military identification
    6         card to meet certain requirements for issuance of an
    7         identification card or a driver license, respectively;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (a) of subsection (1) of section
   13  322.051, Florida Statutes, is amended to read:
   14         322.051 Identification cards.—
   15         (1) Any person who is 5 years of age or older, or any
   16  person who has a disability, regardless of age, who applies for
   17  a disabled parking permit under s. 320.0848, may be issued an
   18  identification card by the department upon completion of an
   19  application and payment of an application fee.
   20         (a) The application must include the following information
   21  regarding the applicant:
   22         1. Full name (first, middle or maiden, and last), gender,
   23  proof of social security card number satisfactory to the
   24  department, which may include a military identification card,
   25  county of residence, mailing address, proof of residential
   26  address satisfactory to the department, country of birth, and a
   27  brief description.
   28         2. Proof of birth date satisfactory to the department.
   29         3. Proof of identity satisfactory to the department. Such
   30  proof must include one of the following documents issued to the
   31  applicant:
   32         a. A driver license record or identification card record
   33  from another jurisdiction that required the applicant to submit
   34  a document for identification which is substantially similar to
   35  a document required under sub-subparagraph b., sub-subparagraph
   36  c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
   37  f., sub-subparagraph g., or sub-subparagraph h.;
   38         b. A certified copy of a United States birth certificate;
   39         c. A valid, unexpired United States passport;
   40         d. A naturalization certificate issued by the United States
   41  Department of Homeland Security;
   42         e. A valid, unexpired alien registration receipt card
   43  (green card);
   44         f. A Consular Report of Birth Abroad provided by the United
   45  States Department of State;
   46         g. An unexpired employment authorization card issued by the
   47  United States Department of Homeland Security; or
   48         h. Proof of nonimmigrant classification provided by the
   49  United States Department of Homeland Security, for an original
   50  identification card. In order to prove nonimmigrant
   51  classification, an applicant must provide at least one of the
   52  following documents. In addition, the department may require
   53  applicants to produce United States Department of Homeland
   54  Security documents for the sole purpose of establishing the
   55  maintenance of, or efforts to maintain, continuous lawful
   56  presence:
   57         (I) A notice of hearing from an immigration court
   58  scheduling a hearing on any proceeding.
   59         (II) A notice from the Board of Immigration Appeals
   60  acknowledging pendency of an appeal.
   61         (III) A notice of the approval of an application for
   62  adjustment of status issued by the United States Bureau of
   63  Citizenship and Immigration Services.
   64         (IV) An official documentation confirming the filing of a
   65  petition for asylum or refugee status or any other relief issued
   66  by the United States Bureau of Citizenship and Immigration
   67  Services.
   68         (V) A notice of action transferring any pending matter from
   69  another jurisdiction to Florida, issued by the United States
   70  Bureau of Citizenship and Immigration Services.
   71         (VI) An order of an immigration judge or immigration
   72  officer granting relief that authorizes the alien to live and
   73  work in the United States, including, but not limited to,
   74  asylum.
   75         (VII) Evidence that an application is pending for
   76  adjustment of status to that of an alien lawfully admitted for
   77  permanent residence in the United States or conditional
   78  permanent resident status in the United States, if a visa number
   79  is available having a current priority date for processing by
   80  the United States Bureau of Citizenship and Immigration
   81  Services.
   82         (VIII) 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  
   87  An identification card issued based on documents required in
   88  sub-subparagraph g. or sub-subparagraph h. is valid for a period
   89  not to exceed the expiration date of the document presented or 1
   90  year, whichever occurs first.
   91         Section 2. Subsection (2) of section 322.08, Florida
   92  Statutes, is amended to read:
   93         322.08 Application for license; requirements for license
   94  and identification card forms.—
   95         (2) Each such application shall include the following
   96  information regarding the applicant:
   97         (a) Full name (first, middle or maiden, and last), gender,
   98  proof of social security card number satisfactory to the
   99  department, which may include a military identification card,
  100  county of residence, mailing address, proof of residential
  101  address satisfactory to the department, country of birth, and a
  102  brief description.
  103         (b) Proof of birth date satisfactory to the department.
  104         (c) Proof of identity satisfactory to the department. Such
  105  proof must include one of the following documents issued to the
  106  applicant:
  107         1. A driver license record or identification card record
  108  from another jurisdiction that required the applicant to submit
  109  a document for identification which is substantially similar to
  110  a document required under subparagraph 2., subparagraph 3.,
  111  subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
  112  7., or subparagraph 8.;
  113         2. A certified copy of a United States birth certificate;
  114         3. A valid, unexpired United States passport;
  115         4. A naturalization certificate issued by the United States
  116  Department of Homeland Security;
  117         5. A valid, unexpired alien registration receipt card
  118  (green card);
  119         6. A Consular Report of Birth Abroad provided by the United
  120  States Department of State;
  121         7. An unexpired employment authorization card issued by the
  122  United States Department of Homeland Security; or
  123         8. Proof of nonimmigrant classification provided by the
  124  United States Department of Homeland Security, for an original
  125  driver license. In order to prove nonimmigrant classification,
  126  an applicant must provide at least one of the following
  127  documents. In addition, the department may require applicants to
  128  produce United States Department of Homeland Security documents
  129  for the sole purpose of establishing the maintenance of, or
  130  efforts to maintain, continuous lawful presence:
  131         a. A notice of hearing from an immigration court scheduling
  132  a hearing on any proceeding.
  133         b. A notice from the Board of Immigration Appeals
  134  acknowledging pendency of an appeal.
  135         c. A notice of the approval of an application for
  136  adjustment of status issued by the United States Bureau of
  137  Citizenship and Immigration Services.
  138         d. An official documentation confirming the filing of a
  139  petition for asylum or refugee status or any other relief issued
  140  by the United States Bureau of Citizenship and Immigration
  141  Services.
  142         e. A notice of action transferring any pending matter from
  143  another jurisdiction to this state issued by the United States
  144  Bureau of Citizenship and Immigration Services.
  145         f. An order of an immigration judge or immigration officer
  146  granting relief that authorizes the alien to live and work in
  147  the United States, including, but not limited to, asylum.
  148         g. Evidence that an application is pending for adjustment
  149  of status to that of an alien lawfully admitted for permanent
  150  residence in the United States or conditional permanent resident
  151  status in the United States, if a visa number is available
  152  having a current priority date for processing by the United
  153  States Bureau of Citizenship and Immigration Services.
  154         h. On or after January 1, 2010, an unexpired foreign
  155  passport with an unexpired United States Visa affixed,
  156  accompanied by an approved I-94, documenting the most recent
  157  admittance into the United States.
  158  
  159  A driver license or temporary permit issued based on documents
  160  required in subparagraph 7. or subparagraph 8. is valid for a
  161  period not to exceed the expiration date of the document
  162  presented or 1 year.
  163         (d) Whether the applicant has previously been licensed to
  164  drive, and, if so, when and by what state, and whether any such
  165  license or driving privilege has ever been disqualified,
  166  revoked, or suspended, or whether an application has ever been
  167  refused, and, if so, the date of and reason for such
  168  disqualification, suspension, revocation, or refusal.
  169         (e) Each such application may include fingerprints and
  170  other unique biometric means of identity.
  171         Section 3. This act shall take effect July 1, 2015.
  172