Florida Senate - 2012 SB 220 By Senator Evers 2-00327-12 2012220__ 1 A bill to be entitled 2 An act relating to the issuance and renewal of 3 driver’s licenses and identification cards; creating 4 s. 322.0805, F.S.; providing legislative intent; 5 prohibiting the Department of Highway Safety and Motor 6 Vehicles from copying and retaining certain 7 verification documents of any United States citizens 8 who is obtaining, renewing, or modifying a driver’s 9 license or identification card; limiting requirements 10 to provide verification documents; requiring 11 destruction of such documents received and retained by 12 the department; exempting certain licensed persons or 13 identification cardholders from requirements to 14 provide proof of address; requiring the department to 15 use existing records for identity verification for a 16 normal renewal, reinstatement, or modification of a 17 license or identification card; prohibiting the 18 department from using certain standards for 19 photographs, incorporating any electronic tracking 20 device upon or within any driver’s license or 21 identification card, and obtaining fingerprints or 22 biometric DNA material of citizens; allowing use of a 23 nonresidential address for certain persons; providing 24 for application; providing an effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Section 322.0805, Florida Statutes, is created 29 to read: 30 322.0805 Florida Driver’s License Citizen Protection Act.— 31 (1) It is the intent of the Legislature to minimize any 32 inconvenience to citizens transacting business with the 33 department while maintaining security for the issuance of 34 driver’s licenses and identification cards to citizens and 35 aliens legally residing within the state. 36 (2)(a) Notwithstanding any law to the contrary, the 37 department may not copy or retain in any form or format any 38 document submitted by a United States citizen as proof of 39 identification, proof of social security number, or proof of 40 residence or any other verification document required or 41 formerly required under this chapter for original issuance, 42 normal renewal, reinstatement, or modification, such as an 43 endorsement or address change, of a driver’s license or 44 identification card. Proof of citizenship required for issuance 45 of an original driver’s license or identification card may not 46 be copied or retained by the department but shall be noted in 47 the department’s records when received and returned. Once 48 established, proof of identity or citizenship may not be 49 required by the department for renewal, reinstatement, or 50 modification of a license or identification card. By September 51 11, 2012, the department shall securely destroy so as to make 52 irretrievable any such verification documents that have been 53 obtained from United States citizens. 54 (b) Notwithstanding any law to the contrary, if a citizen 55 is currently licensed to drive in this state or holds a valid 56 Florida identification card, the department shall grant a normal 57 renewal, reinstatement, or modification, such as an endorsement 58 or address change, of the license or identification card in the 59 name already existing in the records of the department and the 60 citizen may not be required by the department to provide further 61 proof of identity. The department may not require a citizen who 62 has held a valid Florida driver’s license or a valid Florida 63 identification card for at least 10 years to submit proof of his 64 or her residence address for renewal of the license or 65 identification card. In all cases, the department shall 66 primarily use the existing photographs in its records as the 67 best evidence for identification upon renewal or modification of 68 a driver’s license or identification card. 69 (3) The department may not use any national or 70 international standard for the photographs required under this 71 chapter and may not incorporate any radio frequency 72 identification device, any device known as a RFID, or any 73 similar electronic tracking device upon or within any driver’s 74 license or identification card issued. The department may not 75 obtain any fingerprints or biometric DNA material from a United 76 States citizen for purposes of any issuance, renewal, 77 reinstatement, or modification of a driver’s license or 78 identification card. 79 (4) A residential address is not required to be displayed 80 on the driver’s license or identification card of any person 81 whose residential address is protected from disclosure by law in 82 s. 119.071(4)(d) or s. 741.403. 83 (5) This section does not prohibit the copying and 84 retention of documents submitted by noncitizens when applying 85 for a driver’s license or identification card. 86 Section 2. This act shall take effect July 1, 2012.