Bill Text: FL S1856 | 2020 | Regular Session | Introduced
Bill Title: Driver Licenses and Identification Cards
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-03-14 - Died in Infrastructure and Security [S1856 Detail]
Download: Florida-2020-S1856-Introduced.html
Florida Senate - 2020 SB 1856 By Senator Rodriguez 37-00415E-20 20201856__ 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 making technical changes; providing requirements for 15 driver licenses and temporary permits that are issued 16 based on specified documents; deleting a provision 17 authorizing applications to include fingerprints and 18 other unique biometric means of identity; amending s. 19 322.12, F.S.; prohibiting the department from waiving 20 certain tests for applicants who provide proof of 21 identity using specified foreign documents; amending 22 ss. 322.17, 322.18, and 322.19, F.S.; prohibiting a 23 licensee from obtaining a duplicate or replacement 24 instruction permit or driver license, renewing a 25 driver license, or changing his or her name or 26 address, respectively, except upon submission of 27 specified identification documents under certain 28 circumstances; conforming provisions to changes made 29 by the act; creating s. 760.45, F.S.; prohibiting a 30 person or entity from discriminating against an 31 individual because the individual holds or presents a 32 driver license that does not comply with the REAL ID 33 Act of 2005; providing construction; prohibiting the 34 state or a local government, an agent acting on behalf 35 of the state or a local government, or a program or 36 activity that receives financial assistance from the 37 state from discriminating against an individual 38 because the individual holds or presents a driver 39 license that does not comply with the REAL ID Act of 40 2005; providing an effective date. 41 42 Be It Enacted by the Legislature of the State of Florida: 43 44 Section 1. Subsection (2) of section 322.08, Florida 45 Statutes, is amended to read: 46 322.08 Application for license; requirements for license 47 and identification card forms.— 48 (2) Each such application shall include the following 49 information regarding the applicant: 50 (a) Full name (first, middle or maiden, and last), gender, 51 proof of social security card number satisfactory to the 52 department, which may include a military identification card, 53 county of residence, mailing address, proof of residential 54 address satisfactory to the department, country of birth, and a 55 brief description. An applicant who cannot provide a social 56 security card must provide proof of a number associated with a 57 document establishing identity, as specified in paragraph (c). 58 (b) Proof of birth date satisfactory to the department. 59 (c) Proof of identity satisfactory to the department. Such 60 proof must include one of the following documents issued to the 61 applicant: 62 1. A driver license record or identification card record 63 from another jurisdiction that required the applicant to submit 64 a document for identification which is substantially similar to 65 a document required under subparagraph 2., subparagraph 3., 66 subparagraph 4., subparagraph 5., subparagraph 6., subparagraph 67 7., or subparagraph 8.;68 2. A certified copy of a United States birth certificate.;69 3. A valid, unexpired United States passport.;70 4. A naturalization certificate issued by the United States 71 Department of Homeland Security.;72 5. A valid, unexpired alien registration receipt card 73 (green card).;74 6. A Consular Report of Birth Abroad provided by the United 75 States Department of State.;76 7. An unexpired employment authorization card issued by the 77 United States Department of Homeland Security.;or78 8. Proof of any of the following documentsnonimmigrant79classificationprovided by the United States Department of 80 Homeland Security, for an original driver license. Inorder to81prove nonimmigrant classification, an applicant must provide at82least one of the following documents.In addition, the83department may require applicants to produce United States84Department of Homeland Security documents for the sole purpose85of establishing the maintenance of, or efforts to maintain,86continuous lawful presence: 87 a. A notice of hearing from an immigration court scheduling 88 a hearing on any proceeding. 89 b. A notice from the Board of Immigration Appeals 90 acknowledging pendency of an appeal. 91 c. A notice of the approval of an application for 92 adjustment of status issued by the United States Citizenship and 93 Immigration Services. 94 d. An official documentation confirming the filing of a 95 petition for asylum or refugee status or any other relief issued 96 by the United States Citizenship and Immigration Services. 97 e. A notice of action transferring any pending matter from 98 another jurisdiction to this state issued by the United States 99 Citizenship and Immigration Services. 100 f. An order of an immigration judge or immigration officer 101 granting relief whichthatauthorizes the alien to live and work 102 in the United States, including, but not limited to, asylum. 103 g. Evidence that an application is pending for adjustment 104 of status to that of an alien lawfully admitted for permanent 105 residence in the United States or conditional permanent resident 106 status in the United States, if a visa number is available 107 having a current priority date for processing by the United 108 States Citizenship and Immigration Services. 109 h. On or after January 1, 2010, an unexpired foreign 110 passport with an unexpired United States Visa affixed, 111 accompanied by an approved I-94, documenting the most recent 112 admittance into the United States. 113 9. A passport issued by a foreign government which has been 114 authenticated or is capable of being authenticated by the 115 department. 116 10. A birth certificate issued by a foreign government 117 which has been authenticated or is capable of being 118 authenticated by the department. 119 11. A consular identification document that has been 120 authenticated or is capable of being authenticated by the 121 department. 122 12. A national identification card issued by a foreign 123 government which has been authenticated or is capable of being 124 authenticated by the department. 125 13. A driver license issued by a foreign government which 126 has been authenticated or is capable of being authenticated by 127 the department. 128 14. A school document, including any document issued by a 129 public or private primary or secondary school or a postsecondary 130 institution, college, or university, which either includes the 131 applicant’s date of birth or, if a foreign school document, is 132 sealed by the school and includes a photograph of the applicant 133 at the age the record was issued, and which has been 134 authenticated or is capable of being authenticated by the 135 department. 136 15. A court document issued by or filed with a government 137 within the United States in which the applicant is named as a 138 party to the court proceeding which has been authenticated or is 139 capable of being authenticated by the department. 140 16. A marriage license on which the applicant is named as a 141 party which has been authenticated or is capable of being 142 authenticated by the department. 143 17. A judgment for the dissolution of a marriage on which 144 the applicant is named as a party which has been authenticated 145 or is capable of being authenticated by the department. 146 147 A driver license or temporary permit issued based on documents 148 required in subparagraph 7.,orsubparagraph 8., subparagraph 149 9., subparagraph 10., subparagraph 11., subparagraph 12., or 150 subparagraph 13. is valid for a period not to exceed the 151 expiration date of the document presented or 8 years, whichever 152 date first occurs1 year. A driver license or temporary permit 153 issued based on documents required in subparagraph 14., 154 subparagraph 15., subparagraph 16., or subparagraph 17. is valid 155 for 8 years. A driver license or temporary permit issued based 156 on documents required in subparagraph 7., subparagraph 8., 157 subparagraph 9., subparagraph 10., subparagraph 11., 158 subparagraph 12., subparagraph 13., subparagraph 14., 159 subparagraph 15., subparagraph 16., or subparagraph 17. shall be 160 visually identical to a noncommercial driver license or 161 temporary permit that does not meet federal standards for 162 identification except that such licenses and permits may include 163 the text “Not for Federal Purposes” in the smallest legible font 164 size. 165 (d) Whether the applicant has previously been licensed to 166 drive, and, if so, when and by what state or United States 167 territory, and whether any such license or driving privilege has 168 ever been disqualified, revoked, or suspended, or whether an 169 application has ever been refused, and, if so, the date of and 170 reason for such disqualification, suspension, revocation, or 171 refusal. 172(e) Each such application may include fingerprints and173other unique biometric means of identity.174 Section 2. Subsection (1) of section 322.12, Florida 175 Statutes, is amended to read: 176 322.12 Examination of applicants.— 177 (1) It is the intent of the Legislature that every 178 applicant for an original driver license in this state be 179 required to pass an examination pursuant to this section. 180 However, the department may waive the knowledge, endorsement, 181 and skills tests for an applicant who is otherwise qualified, 182 except for an applicant who provides proof of identity under s. 183 322.08(2)(c)9., 10., 11., 12., 13., 14., 15., 16., or 17., and 184 who surrenders a valid driver license from another state or a 185 province of Canada, or a valid driver license issued by the 186 United States Armed Forces, if the driver applies for a Florida 187 license of an equal or lesser classification. An applicant who 188 fails to pass the initial knowledge test incurs a $10 fee for 189 each subsequent test, to be deposited into the Highway Safety 190 Operating Trust Fund, except that if a subsequent test is 191 administered by the tax collector, the tax collector shall 192 retain such $10 fee, less the general revenue service charge set 193 forth in s. 215.20(1). An applicant who fails to pass the 194 initial skills test incurs a $20 fee for each subsequent test, 195 to be deposited into the Highway Safety Operating Trust Fund, 196 except that if a subsequent test is administered by the tax 197 collector, the tax collector shall retain such $20 fee, less the 198 general revenue service charge set forth in s. 215.20(1). A 199 person who seeks to retain a hazardous-materials endorsement, 200 pursuant to s. 322.57(1)(e), must pass the hazardous-materials 201 test, upon surrendering his or her commercial driver license, if 202 the person has not taken and passed the hazardous-materials test 203 within 2 years before applying for a commercial driver license 204 in this state. 205 Section 3. Subsection (3) of section 322.17, Florida 206 Statutes, is amended to read: 207 322.17 Replacement licenses and permits.— 208 (3) Notwithstanding any other provisionprovisionsof this 209 chapter, if a licensee establishes his or her identity for a 210 driver license using an identification document authorized under 211 s. 322.08(2)(c)7.-17.s. 322.08(2)(c)7. or 8., the licensee may 212 not obtain a duplicate or replacement instruction permit or 213 driver license except in person and upon submission of an 214 identification document authorized under s. 322.08(2)(c)7.-17. 215s. 322.08(2)(c)7. or 8.216 Section 4. Paragraph (d) of subsection (2) and paragraph 217 (c) of subsection (4) of section 322.18, Florida Statutes, are 218 amended to read: 219 322.18 Original applications, licenses, and renewals; 220 expiration of licenses; delinquent licenses.— 221 (2) Each applicant who is entitled to the issuance of a 222 driver license, as provided in this section, shall be issued a 223 driver license, as follows: 224 (d)1. Notwithstanding any other provision of this chapter, 225 if an applicant establishes his or her identity for a driver 226 license using a document authorized in s. 322.08(2)(c)7.-13.s.227322.08(2)(c)7. or 8., the driver license shall expire 8 years1228yearafter the date of issuance or upon the expiration date 229 cited on theUnited States Department of Homeland Security230 documents, whichever date first occurs. 231 2. Notwithstanding any other provision of this chapter, if 232 an applicant establishes his or her identity for a driver 233 license using a document authorized in s. 322.08(2)(c)14.-17., 234 the driver license shall expire 8 years after the date of 235 issuance. 236 (4) 237 (c)1. Notwithstanding any other provision of this chapter, 238 if a licensee establishes his or her identity for a driver 239 license using an identification document authorized under s. 240 322.08(2)(c)7.-13.s. 322.08(2)(c)7. or 8., the licensee may not 241 renew the driver license except in person and upon submission of 242 an identification document authorized under s. 322.08(2)(c)7. 243 13.s. 322.08(2)(c)7. or 8.A driver license renewed under this 244 subparagraphparagraphexpires 8 years1 yearafter the date of 245 issuance or upon the expiration date cited on theUnited States246Department of Homeland Securitydocuments, whichever date first 247 occurs. 248 2. Notwithstanding any other provision of this chapter, if 249 a licensee establishes his or her identity for a driver license 250 using an identification document authorized under s. 251 322.08(2)(c)14.-17., the licensee may not renew the driver 252 license except upon submission of an identification document 253 authorized under s. 322.08(2)(c)14.-17. A driver license renewed 254 under this subparagraph expires 8 years after the date of 255 issuance. 256 Section 5. Subsection (4) of section 322.19, Florida 257 Statutes, is amended to read: 258 322.19 Change of address or name.— 259 (4) Notwithstanding any other provision of this chapter, if 260 a licensee established his or her identity for a driver license 261 using an identification document authorized under s. 262 322.08(2)(c)7.-17.s. 322.08(2)(c)7. or 8., the licensee may not 263 change his or her name or address except in person and upon 264 submission of an identification document authorized under s. 265 322.08(2)(c)7.-17.s. 322.08(2)(c)7. or 8.266 Section 6. Section 760.45, Florida Statutes, is created to 267 read: 268 760.45 Discrimination on the basis of certain driver 269 licenses prohibited.— 270 (1) A person or entity, including a business establishment 271 or an employer, may not discriminate against an individual 272 because the individual holds or presents a driver license that 273 does not comply with the REAL ID Act of 2005, Pub. L. No. 109 274 13. 275 (2) This section may not be construed to do either of the 276 following: 277 (a) Alter an employer’s rights or obligations under the 278 Immigration and Nationality Act, 8 U.S.C. s. 1324(a), regarding 279 obtaining documentation that evidences identity and 280 authorization for employment. 281 (b) Prohibit any other action taken by an employer which is 282 required under 8 U.S.C. s. 1324(a). 283 (3) Notwithstanding any other law, the state or a local 284 government; an agent or person acting on behalf of the state or 285 a local government; or a program or activity that is funded 286 directly by or receives financial assistance from the state may 287 not discriminate against an individual because the individual 288 holds or presents a driver license that does not comply with the 289 REAL ID Act of 2005, Pub. L. No. 109-13. This prohibition 290 includes, but is not limited to, notifying a law enforcement 291 agency of the individual’s identity or that the individual holds 292 a driver license that does not comply with the REAL ID Act of 293 2005, Pub. L. No. 109-13, if a notification is not required by 294 law or would not have been provided if the individual’s driver 295 license had been compliant with such act. 296 Section 7. This act shall take effect July 1, 2020.