Bill Text: FL S1402 | 2014 | Regular Session | Introduced
Bill Title: Driver Licenses and Identification Cards
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-05-02 - Died in Transportation [S1402 Detail]
Download: Florida-2014-S1402-Introduced.html
Florida Senate - 2014 SB 1402 By Senator Garcia 38-00750B-14 20141402__ 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 for certain applicants 5 for a driver license or identification card; amending 6 s. 322.12, F.S.; authorizing additional forms of 7 identification that certain applicants may provide; 8 amending s. 322.14, F.S.; requiring the department to 9 mark licenses and identification cards to indicate 10 compliance with the REAL ID Act of 2005 under 11 specified circumstances; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Subsection (2) of section 322.08, Florida 16 Statutes, is amended to read: 17 322.08 Application for license; requirements for license 18 and identification card forms.— 19 (2) Each such application shall include the following 20 information regarding the applicant: 21 (a) Full name (first, middle or maiden, and last), gender, 22 proof of social securitycardnumber satisfactory to the 23 department, county of residence, mailing address, proof of 24 residential address satisfactory to the department, country of 25 birth, and a brief description. An applicant who is ineligible 26 for a social security number must provide proof of a taxpayer 27 identification number or proof of a number associated with the 28 document establishing identity under paragraph (c). 29 (b) Proof of birth date satisfactory to the department. 30 (c) Proof of identity satisfactory to the department. Such 31 proof must include one of the following documents issued to the 32 applicant: 33 1. A driver license record or identification card record 34 from another jurisdiction that required the applicant to submit 35 a document for identification which is substantially similar to 36 a document required under subparagraph 2., subparagraph 3., 37 subparagraph 4., subparagraph 5., subparagraph 6., subparagraph 38 7., or subparagraph 8.;39 2. A certified copy of a United States birth certificate.;40 3. A valid, unexpired United States passport.;41 4. A naturalization certificate issued by the United States 42 Department of Homeland Security.;43 5. A valid, unexpired alien registration receipt card 44 (green card).;45 6. A Consular Report of Birth Abroad provided by the United 46 States Department of State.;47 7. An unexpired employment authorization card issued by the 48 United States Department of Homeland Security.;or49 8. Proof of nonimmigrant classification provided by the 50 United States Department of Homeland Security, for an original 51 driver license. In order to prove nonimmigrant classification, 52 an applicant must provide at least one of the following 53 documents. In addition, the department may require applicants to54produce United States Department of Homeland Security documents55for the sole purpose of establishing the maintenance of, or56efforts to maintain, continuous lawful presence: 57 a. A notice of hearing from an immigration court scheduling 58 a hearing on any proceeding. 59 b. A notice from the Board of Immigration Appeals 60 acknowledging pendency of an appeal. 61 c. 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 d. 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 e. A notice of action transferring any pending matter from 69 another jurisdiction to this state issued by the United States 70 Bureau of Citizenship and Immigration Services. 71 f. An order of an immigration judge or immigration officer 72 granting relief whichthatauthorizes the alien to live and work 73 in the United States, including, but not limited to, asylum. 74 g. Evidence that an application is pending for adjustment 75 of status to that of an alien lawfully admitted for permanent 76 residence in the United States or conditional permanent resident 77 status in the United States, if a visa number is available 78 having a current priority date for processing by the United 79 States Bureau of Citizenship and Immigration Services. 80 h. On or after January 1, 2010, an unexpired foreign 81 passport with an unexpired United States Visa affixed, 82 accompanied by an approved I-94, documenting the most recent 83 admittance into the United States. 84 9. A passport issued by a foreign government. 85 10. A birth certificate issued by a foreign government. 86 11. A consular identification document issued by the 87 government of Mexico, or a document issued by another government 88 which the department determines is substantially similar. 89 90 A driver license or temporary permit issued based on documents 91 required in subparagraph 7.,orsubparagraph 8., subparagraph 92 9., subparagraph 10., or subparagraph 11. is valid for a period 93 not to exceed the expiration date of the document presented or 1 94 year. 95 (d) In addition to the documents required under 96 subparagraph (c)8., the department may require applicants to 97 produce United States Department of Homeland Security documents 98 for the sole purpose of establishing the maintenance of, or 99 efforts to maintain, continuous lawful presence. 100 (e)(d)Whether the applicant has previously been licensed 101 to drive, and, if so, when and by what state, and whether any 102 such license or driving privilege has ever been disqualified, 103 revoked, or suspended, or whether an application has ever been 104 refused, and, if so, the date of and reason for such 105 disqualification, suspension, revocation, or refusal. 106 (f)(e)Each such application may include fingerprints and 107 other unique biometric means of identity. 108 Section 2. Subsection (1) of section 322.12, Florida 109 Statutes, is amended to read: 110 322.12 Examination of applicants.— 111 (1) It is the intent of the Legislature that every 112 applicant for an original driverdriver’slicense in this state 113 be required to pass an examination pursuant to this section. 114 However, the department may waive the knowledge, endorsement, 115 and skills tests for an applicant who is otherwise qualified, 116 except for an applicant who provides proof of identity under s. 117 322.08(2)(c)9., s. 322.08(2)(c)10., or s. 322.08(2)(c)11., and 118 who surrenders a valid driverdriver’slicense from another 119 state or a province of Canada, or a valid driverdriver’s120 license issued by the United States Armed Forces, if the driver 121 applies for a Florida license of an equal or lesser 122 classification. Any applicant who fails to pass the initial 123 knowledge test incurs a $10 fee for each subsequent test, to be 124 deposited into the Highway Safety Operating Trust Fund. Any 125 applicant who fails to pass the initial skills test incurs a $20 126 fee for each subsequent test, to be deposited into the Highway 127 Safety Operating Trust Fund. A person who seeks to retain a 128 hazardous-materials endorsement, pursuant to s. 322.57(1)(d), 129 must pass the hazardous-materials test, upon surrendering his or 130 her commercial driverdriver’slicense, if the person has not 131 taken and passed the hazardous-materials test within 2 years 132 before applying for a commercial driverdriver’slicense in this 133 state. 134 Section 3. Subsection (3) is added to section 322.14, 135 Florida Statutes, to read: 136 322.14 Licenses issued to drivers.— 137 (3) If the United States Department of Homeland Security 138 notifies the department of a final deadline by which this state 139 must fully comply with the REAL ID Act of 2005, Pub. L. No. 109 140 13, ss. 201-202, and determines that the state is otherwise in 141 full compliance with the act, the department shall mark all 142 licenses issued after the date of full compliance to indicate 143 compliance with the act. 144 Section 4. This act shall take effect July 1, 2014.