Bill Text: FL S1848 | 2021 | Regular Session | Introduced
Bill Title: Driver Licenses and Identification Cards
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-04-30 - Died in Transportation [S1848 Detail]
Download: Florida-2021-S1848-Introduced.html
Florida Senate - 2021 SB 1848 By Senator Polsky 29-01851-21 20211848__ 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 specified identification number for certain applicants 5 for a driver license; deleting a provision authorizing 6 the Department of Highway Safety and Motor Vehicles to 7 require applicants to produce certain documents from 8 the United States Department of Homeland Security for 9 certain purposes; authorizing additional specified 10 documents issued by foreign governments to satisfy 11 proof-of-identity requirements; providing that a 12 driver license or temporary permit issued based on 13 specified documents is valid for a specified period; 14 deleting a provision authorizing applications to 15 include fingerprints and other unique biometric means 16 of identity; amending s. 322.12, F.S.; prohibiting the 17 department from waiving certain tests for applicants 18 who provide proof of identity using specified foreign 19 documents; amending s. 322.142, F.S.; providing a 20 short title; defining the term “agency that primarily 21 enforces immigration law”; prohibiting the department 22 from disclosing or making accessible certain 23 photographs and related information to any agency that 24 primarily enforces immigration law or to any employee 25 or agent of such agency; providing exceptions; 26 requiring that the department notify a person about 27 whom certain information was requested, subject to 28 certain requirements; requiring that the department 29 require a person or an entity to certify specified 30 information before any such person or entity receives 31 or has access to certain information; requiring such 32 person or entity to keep certain records for a 33 specified period; requiring that such records be 34 maintained in a manner and form prescribed by 35 department rule and be available for inspection by the 36 department; amending ss. 322.17, 322.18, and 322.19, 37 F.S.; prohibiting a licensee from obtaining a 38 duplicate or replacement instruction permit or driver 39 license, renewing a driver license, or changing his or 40 her name or address, respectively, except in person 41 and upon submission of specified identification 42 documents under certain circumstances; conforming 43 provisions to changes made by the act; creating s. 44 760.45, F.S.; prohibiting a person or an entity from 45 discriminating against an individual because the 46 individual holds or presents a driver license that 47 does not comply with the REAL ID Act of 2005; 48 prohibiting an employer from requiring an employee to 49 present a driver license; providing exceptions; 50 providing construction; prohibiting the state or a 51 local government, an agent acting on behalf of the 52 state or a local government, or a program or an 53 activity that receives financial assistance from the 54 state from discriminating against an individual 55 because the individual holds or presents a driver 56 license that does not comply with the REAL ID Act of 57 2005; providing an effective date. 58 59 Be It Enacted by the Legislature of the State of Florida: 60 61 Section 1. Subsection (2) of section 322.08, Florida 62 Statutes, is amended to read: 63 322.08 Application for license; requirements for license 64 and identification card forms.— 65 (2) Each such application shall include the following 66 information regarding the applicant: 67 (a) Full name (first, middle or maiden, and last), gender, 68 proof of social security card number satisfactory to the 69 department, which may include a military identification card, 70 county of residence, mailing address, proof of residential 71 address satisfactory to the department, country of birth, and a 72 brief description. An applicant who cannot provide a social 73 security card must provide proof of a number associated with a 74 document establishing identity, as specified in paragraph (c). 75 (b) Proof of birth date satisfactory to the department. 76 (c) Proof of identity satisfactory to the department. Such 77 proof must include one of the following documents issued to the 78 applicant: 79 1. A driver license record or identification card record 80 from another jurisdiction that required the applicant to submit 81 a document for identification which is substantially similar to 82 a document required under subparagraph 2., subparagraph 3., 83 subparagraph 4., subparagraph 5., subparagraph 6., subparagraph 84 7., or subparagraph 8.;85 2. A certified copy of a United States birth certificate.;86 3. A valid, unexpired United States passport.;87 4. A naturalization certificate issued by the United States 88 Department of Homeland Security.;89 5. A valid, unexpired alien registration receipt card 90 (green card).;91 6. A Consular Report of Birth Abroad provided by the United 92 States Department of State.;93 7. An unexpired employment authorization card issued by the 94 United States Department of Homeland Security.; or95 8. Proof of any of the following documentsnonimmigrant96classificationprovided by the United States Department of 97 Homeland Security, for an original driver license. In order to98prove nonimmigrant classification, an applicant must provide at99least one of the following documents. In addition, the100department may require applicants to produce United States101Department of Homeland Security documents for the sole purpose102of establishing the maintenance of, or efforts to maintain,103continuous lawful presence: 104 a. A notice of hearing from an immigration court scheduling 105 a hearing on any proceeding. 106 b. A notice from the Board of Immigration Appeals 107 acknowledging pendency of an appeal. 108 c. A notice of the approval of an application for 109 adjustment of status issued by the United States Citizenship and 110 Immigration Services. 111 d. An official documentation confirming the filing of a 112 petition for asylum or refugee status or any other relief issued 113 by the United States Citizenship and Immigration Services. 114 e. A notice of action transferring any pending matter from 115 another jurisdiction to this state issued by the United States 116 Citizenship and Immigration Services. 117 f. An order of an immigration judge or immigration officer 118 granting relief whichthatauthorizes the alien to live and work 119 in the United States, including, but not limited to, asylum. 120 g. Evidence that an application is pending for adjustment 121 of status to that of an alien lawfully admitted for permanent 122 residence in the United States or conditional permanent resident 123 status in the United States, if a visa number is available 124 having a current priority date for processing by the United 125 States Citizenship and Immigration Services. 126 h. On or after January 1, 2010, an unexpired foreign 127 passport with an unexpired United States Visa affixed, 128 accompanied by an approved I-94, documenting the most recent 129 admittance into the United States. 130 9. A passport issued by a foreign government. 131 10. A birth certificate issued by a foreign government. 132 11. A consular identification document. 133 12. A national identification card issued by a foreign 134 government. 135 13. A driver license issued by a foreign government. If the 136 foreign driver license is in a language other than English, it 137 must be accompanied by a certified translation or an affidavit 138 of translation into English. 139 14. A school document, including any document issued by a 140 public or private primary or secondary school or a postsecondary 141 institution, college, or university, which either includes the 142 applicant’s date of birth or, if a foreign school document, is 143 sealed by the school and includes a photograph of the applicant 144 at the age the record was issued. 145 15. A court document issued by or filed with a government 146 within the United States in which the applicant is named as a 147 party to the court proceeding. 148 16. An income tax return. 149 17. A marriage license on which the applicant is named as a 150 party. If the language on the marriage license is a language 151 other than English, the marriage license must be accompanied by 152 a certified translation or an affidavit of translation into 153 English. 154 18. A judgment for the dissolution of a marriage on which 155 the applicant is named as a party. If the language on the 156 judgment is a language other than English, the judgment must be 157 accompanied by a certified translation or an affidavit of 158 translation into English. 159 160 A driver license or temporary permit issued based on documents 161 required in subparagraph 7.,orsubparagraph 8., subparagraph 162 9., subparagraph 10., subparagraph 11., subparagraph 12., or 163 subparagraph 13. is valid for a period not to exceed the 164 expiration date of the document presented or 8 years, whichever 165 date first occurs1 year. A driver license or temporary permit 166 issued based on documents required in subparagraph 14., 167 subparagraph 15., subparagraph 16., subparagraph 17., or 168 subparagraph 18. is valid for 8 years. 169 (d) Whether the applicant has previously been licensed to 170 drive, and, if so, when and by what state, and whether any such 171 license or driving privilege has ever been disqualified, 172 revoked, or suspended, or whether an application has ever been 173 refused, and, if so, the date of and reason for such 174 disqualification, suspension, revocation, or refusal. 175(e)Each such application may include fingerprints and176other unique biometric means of identity.177 Section 2. Subsection (1) of section 322.12, Florida 178 Statutes, is amended to read: 179 322.12 Examination of applicants.— 180 (1) It is the intent of the Legislature that every 181 applicant for an original driver license in this state be 182 required to pass an examination pursuant to this section. 183 However, the department may waive the knowledge, endorsement, 184 and skills tests for an applicant who is otherwise qualified, 185 except for an applicant who provides proof of identity under s. 186 322.08(2)(c)9., 10., 11., 12., 13., 14., 15., 16., 17., or 18., 187 and who surrenders a valid driver license from another state or 188 a province of Canada, or a valid driver license issued by the 189 United States Armed Forces, if the driver applies for a Florida 190 license of an equal or lesser classification. An applicant who 191 fails to pass the initial knowledge test incurs a $10 fee for 192 each subsequent test, to be deposited into the Highway Safety 193 Operating Trust Fund, except that if a subsequent test is 194 administered by the tax collector, the tax collector shall 195 retain such $10 fee, less the general revenue service charge set 196 forth in s. 215.20(1). An applicant who fails to pass the 197 initial skills test incurs a $20 fee for each subsequent test, 198 to be deposited into the Highway Safety Operating Trust Fund, 199 except that if a subsequent test is administered by the tax 200 collector, the tax collector shall retain such $20 fee, less the 201 general revenue service charge set forth in s. 215.20(1). A 202 person who seeks to retain a hazardous-materials endorsement, 203 pursuant to s. 322.57(1)(e), must pass the hazardous-materials 204 test, upon surrendering his or her commercial driver license, if 205 the person has not taken and passed the hazardous-materials test 206 within 2 years before applying for a commercial driver license 207 in this state. 208 Section 3. Section 322.142, Florida Statutes, is amended to 209 read: 210 322.142 Color photographic or digital imaged licenses; 211 protection of personal information.— 212 (1) The department shall, upon receipt of the required fee, 213 issue to each qualified applicant for a driver license a color 214 photographic or digital imaged driver license bearing a fullface 215 photograph or digital image of the licensee. Notwithstanding 216 chapter 761 or s. 761.05, the requirement for a fullface 217 photograph or digital image of the licensee may not be waived. A 218 space shall be provided upon which the licensee shall affix his 219 or her usual signature, as required in s. 322.14, in the 220 presence of an authorized agent of the department so as to 221 ensure that such signature becomes a part of the license. 222 (2) The department shall, upon receipt of the required fee, 223 issue to each qualified licensee applying for a renewal license 224 in accordance with s. 322.18 a color photographic or digital 225 imaged license as provided for in subsection (1). 226 (3) The department may conduct negotiations and enter into 227 contracts with qualified firms possessing the requisite 228 qualifications for the development and production of 229 photographic or digital imaged identification documents to 230 assure efficient and economical processing of such licenses in 231 sufficient quantity and of acceptable quality to meet the 232 requirements and intent of this section, and to ensure adequate 233 service at a sufficient number of locations, at the lowest 234 competitive sealed bid price. 235 (4) The department may maintain a film negative or print 236 file. The department shall maintain a record of the digital 237 images and signaturesimage and signatureof the licensees, 238 together with other data required by the department for 239 identification and retrieval. Reproductions from the file or 240 digital record are exempt fromthe provisions ofs. 119.07(1) 241 and may be made and issued only for any of the following 242 purposes: 243 (a) For departmental administrative purposes.;244 (b) For the issuance of duplicate licenses.;245 (c) In response to law enforcement agency requests, except 246 as provided in subsection (5).;247 (d) To the Department of Business and Professional 248 Regulation and the Department of Health pursuant to an 249 interagency agreement for the purpose of accessing digital 250 images for reproduction of licenses issued by the Department of 251 Business and Professional Regulation or the Department of 252 Health.;253 (e) To the Department of State pursuant to an interagency 254 agreement to facilitate determinations of eligibility of voter 255 registration applicants and registered voters in accordance with 256 ss. 98.045 and 98.075.;257 (f) To the Department of Revenue pursuant to an interagency 258 agreement for use in establishing paternity and establishing, 259 modifying, or enforcing support obligations in Title IV-D 260 cases.;261 (g) To the Department of Children and Families pursuant to 262 an interagency agreement to conduct protective investigations 263 under part III of chapter 39 and chapter 415.;264 (h) To the Department of Children and Families pursuant to 265 an interagency agreement specifying the number of employees in 266 each of that department’s regions to be granted access to the 267 records for use as verification of identity to expedite the 268 determination of eligibility for public assistance and for use 269 in public assistance fraud investigations.;270 (i) To the Agency for Health Care Administration pursuant 271 to an interagency agreement for the purpose of authorized 272 agencies verifying photographs in the Care Provider Background 273 Screening Clearinghouse authorized under s. 435.12.;274 (j) To the Department of Financial Services pursuant to an 275 interagency agreement to facilitate the location of owners of 276 unclaimed property, the validation of unclaimed property claims, 277 the identification of fraudulent or false claims, and the 278 investigation of allegations of violations of the insurance code 279 by licensees and unlicensed persons.;280 (k) To the Department of Economic Opportunity pursuant to 281 an interagency agreement to facilitate the validation of 282 reemployment assistance claims and the identification of 283 fraudulent or false reemployment assistance claims.;284 (l) To district medical examiners pursuant to an 285 interagency agreement for the purpose of identifying a deceased 286 individual, determining cause of death, and notifying next of 287 kin of any investigations, including autopsies and other 288 laboratory examinations, authorized in s. 406.11.;289 (m) To the following persons for the purpose of identifying 290 a person as part of the official work of a court: 291 1. A justice or judge of this state; 292 2. An employee of the state courts system who works in a 293 position that is designated in writing for access by the Chief 294 Justice of the Supreme Court or a chief judge of a district or 295 circuit court, or by his or her designee; or 296 3. A government employee who performs functions on behalf 297 of the state courts system in a position that is designated in 298 writing for access by the Chief Justice or a chief judge, or by 299 his or her designee.; or300 (n) To the Agency for Health Care Administration pursuant 301 to an interagency agreement to prevent health care fraud. If the 302 Agency for Health Care Administration enters into an agreement 303 with a private entity to carry out duties relating to health 304 care fraud prevention, such contracts shall include, but need 305 not be limited to: 306 1. Provisions requiring internal controls and audit 307 processes to identify access, use, and unauthorized access of 308 information. 309 2. A requirement to report unauthorized access or use to 310 the Agency for Health Care Administration within 1 business day 311 after the discovery of the unauthorized access or use. 312 3. Provisions for liquidated damages for unauthorized 313 access or use of no less than $5,000 per occurrence. 314 (5)(a) This subsection shall be known and may be cited as 315 the “Driver License Privacy Act.” 316 (b) For purposes of this subsection, the term “agency that 317 primarily enforces immigration law” includes, but is not limited 318 to, United States Immigration and Customs Enforcement, United 319 States Customs and Border Protection, or any successor agencies 320 that have similar duties. 321 (c) Except as required for the department to issue or renew 322 a driver license or learner’s driver license that meets federal 323 standards for identification, the department may not disclose or 324 make accessible, in any manner, photographs and related 325 information pertaining to persons whose image or personal 326 identifying information is possessed by the department to any 327 agency that primarily enforces immigration law or to any 328 employee or agent of such agency, unless the department is 329 presented with a lawful court order or judicial warrant signed 330 by a judge appointed pursuant to Article III of the United 331 States Constitution. Within 3 days after receiving a request for 332 information under this subsection from such an agency, the 333 department must notify the person about whom such information 334 was requested of the request and the identity of the agency that 335 made such request. 336 (d) Before any person or entity receives or has access to 337 information from the department under this subsection, the 338 department must require such person or entity to certify to the 339 department that the person or entity will not: 340 1. Use such information for civil immigration purposes; or 341 2. Disclose such information to any agency that primarily 342 enforces immigration law or to any employee or agent of any such 343 agency unless such disclosure is pursuant to a cooperative 344 arrangement between municipal, state, and federal agencies, if 345 the arrangement does not enforce immigration law and if the 346 disclosure is limited to the specific information being sought 347 pursuant to the arrangement. 348 (e) In addition to any records required to be kept pursuant 349 to 18 U.S.C. s. 2721(c), any person or entity that receives or 350 has access to information from the department under this 351 subsection must keep for a period of 5 years records: 352 1. Of all the uses of such department information; and 353 2. That identify each person or entity that primarily 354 enforces immigration law which receives such department 355 information from the person or entity. 356 (f) The records identified in subparagraphs (e)1. and 2. 357 must be maintained in a manner and form prescribed by department 358 rule and must be available for inspection by the department. 359 Section 4. Subsection (3) of section 322.17, Florida 360 Statutes, is amended to read: 361 322.17 Replacement licenses and permits.— 362 (3) Notwithstanding any other provisionprovisionsof this 363 chapter, if a licensee establishes his or her identity for a 364 driver license using an identification document authorized under 365 s. 322.08(2)(c)7.-18.s. 322.08(2)(c)7. or 8., the licensee may 366 not obtain a duplicate or replacement instruction permit or 367 driver license except in person and upon submission of an 368 identification document authorized under s. 322.08(2)(c)7.-18. 369s. 322.08(2)(c)7. or 8.370 Section 5. Paragraph (d) of subsection (2) and paragraph 371 (c) of subsection (4) of section 322.18, Florida Statutes, are 372 amended to read: 373 322.18 Original applications, licenses, and renewals; 374 expiration of licenses; delinquent licenses.— 375 (2) Each applicant who is entitled to the issuance of a 376 driver license, as provided in this section, shall be issued a 377 driver license, as follows: 378 (d)1. Notwithstanding any other provision of this chapter, 379 if an applicant establishes his or her identity for a driver 380 license using a document authorized in s. 322.08(2)(c)7.-13.s.381322.08(2)(c)7. or 8., the driver license shall expire 8 years1382yearafter the date of issuance or upon the expiration date 383 cited on theUnited States Department of Homeland Security384 documents, whichever date first occurs. 385 2. Notwithstanding any other provision of this chapter, if 386 an applicant establishes his or her identity for a driver 387 license using a document authorized in s. 322.08(2)(c)14.-18., 388 the driver license shall expire 8 years after the date of 389 issuance. 390 (4) 391 (c)1. Notwithstanding any other provision of this chapter, 392 if a licensee establishes his or her identity for a driver 393 license using an identification document authorized under s. 394 322.08(2)(c)7.-13.s. 322.08(2)(c)7. or 8., the licensee may not 395 renew the driver license except in person and upon submission of 396 an identification document authorized under s. 322.08(2)(c)7. 397 13.s. 322.08(2)(c)7. or 8.A driver license renewed under this 398 subparagraphparagraphexpires 8 years1 yearafter the date of 399 issuance or upon the expiration date cited on theUnited States400Department of Homeland Securitydocuments, whichever date first 401 occurs. 402 2. Notwithstanding any other provision of this chapter, if 403 a licensee establishes his or her identity for a driver license 404 using an identification document authorized under s. 405 322.08(2)(c)14.-18., the licensee may not renew the driver 406 license except in person and upon submission of an 407 identification document authorized under s. 322.08(2)(c)14.-18. 408 A driver license renewed under this subparagraph expires 8 years 409 after the date of issuance. 410 Section 6. Subsection (4) of section 322.19, Florida 411 Statutes, is amended to read: 412 322.19 Change of address or name.— 413 (4) Notwithstanding any other provision of this chapter, if 414 a licensee established his or her identity for a driver license 415 using an identification document authorized under s. 416 322.08(2)(c)7.-18.s. 322.08(2)(c)7. or 8., the licensee may not 417 change his or her name or address except in person and upon 418 submission of an identification document authorized under s. 419 322.08(2)(c)7.-18.s. 322.08(2)(c)7. or 8.420 Section 7. Section 760.45, Florida Statutes, is created to 421 read: 422 760.45 Discrimination on the basis of certain driver 423 licenses prohibited.— 424 (1) A person or entity, including a business establishment 425 or an employer, may not discriminate against an individual 426 because the individual holds or presents a driver license that 427 does not comply with the REAL ID Act of 2005, Pub. L. No. 109 428 13. 429 (2) An employer may not require an employee to present a 430 driver license unless possessing a driver license is required by 431 law or is lawfully required by the employer. This subsection may 432 not be construed to limit or expand an employer’s authority to 433 require a person to possess a driver license. 434 (3) This section may not be construed to do either of the 435 following: 436 (a) Alter an employer’s rights or obligations under the 437 Immigration and Nationality Act, 8 U.S.C. s. 1324(a), regarding 438 obtaining documentation that evidences identity and 439 authorization for employment. 440 (b) Prohibit any other action taken by an employer which is 441 required under 8 U.S.C. s. 1324a(a). 442 (4) The state or a local government; an agent or person 443 acting on behalf of the state or a local government; or a 444 program or activity that is funded directly by, or receives 445 financial assistance from, the state may not discriminate 446 against an individual because the individual holds or presents a 447 driver license that does not comply with the REAL ID Act of 448 2005, Pub. L. No. 109-13. This prohibition includes, but is not 449 limited to, notifying a law enforcement agency of the 450 individual’s identity or that the individual holds a driver 451 license that does not comply with the REAL ID Act of 2005, Pub. 452 L. No. 109-13, if a notification is not required by law or would 453 not have been provided if the individual’s driver license had 454 been compliant with such act. 455 Section 8. This act shall take effect July 1, 2021.