Florida Senate - 2013 SB 986 By Senator Soto 14-01440-13 2013986__ 1 A bill to be entitled 2 An act relating to requirements for driver licenses; 3 amending s. 322.08, F.S.; including notice of the 4 approval of an application for Deferred Action for 5 Childhood Arrivals status issued by the United States 6 Citizenship and Immigration Services as valid proof of 7 identity for purposes of applying for a driver 8 license; reenacting ss. 322.17(3), 322.18(2)(d) and 9 (4)(c), and 322.19(4), F.S., relating to conditions 10 and limitations with respect to obtaining a duplicate 11 or replacement instruction permit or driver license, 12 expiration of and renewal of a driver license, and 13 change of name or address on a driver license for 14 licensees who establish their identity in a specified 15 manner, to incorporate the amendments made by the act 16 to s. 322.08, F.S., in references thereto; providing 17 an effective date. 18 19 WHEREAS, over the past 3 years, the Obama administration 20 has undertaken an unprecedented effort to transform the 21 immigration enforcement system into one that focuses on public 22 safety, border security, and the integrity of the immigration 23 system, and 24 WHEREAS, as the United States Department of Homeland 25 Security continues to focus its enforcement resources on the 26 removal of individuals who pose a danger to national security or 27 a risk to public safety, including individuals convicted of 28 crimes with particular emphasis on violent criminals, felons, 29 and repeat offenders, the United States Department of Homeland 30 Security intends to exercise prosecutorial discretion as 31 appropriate to ensure that enforcement resources are not 32 expended on low priority cases, such as individuals who came to 33 the United States as children and meet other key guidelines, and 34 WHEREAS, individuals who demonstrate that they meet 35 specified guidelines established by the department may request 36 consideration under the Deferred Action for Childhood Arrivals 37 program for a period of 2 years, subject to renewal, and may be 38 eligible for employment authorization, and 39 WHEREAS, an individual may request consideration under the 40 Deferred Action for Childhood Arrivals program if he or she was 41 under the age of 31 as of June 15, 2012; came to the United 42 States before reaching his or her 16th birthday; has 43 continuously resided in the United States since June 15, 2007; 44 was physically present in the United States on June 15, 2012, 45 and at the time of making his or her request for consideration 46 of deferred action with the United States Citizenship and 47 Immigration Services; entered the United States without 48 inspection before June 15, 2012, or experienced expiration of 49 his or her lawful immigration status as of June 15, 2012; is 50 currently in school, has graduated or obtained a certificate of 51 completion from high school, has obtained a general education 52 development (GED) certificate, or is an honorably discharged 53 veteran of the Coast Guard or Armed Forces of the United States; 54 and has not been convicted of a felony, significant misdemeanor, 55 three or more other misdemeanors, and does not otherwise pose a 56 threat to national security or public safety, NOW, THEREFORE, 57 58 Be It Enacted by the Legislature of the State of Florida: 59 60 Section 1. Paragraph (c) of subsection (2) of section 61 322.08, Florida Statutes, is amended to read: 62 322.08 Application for license; requirements for license 63 and identification card forms.— 64 (2) Each such application shall include the following 65 information regarding the applicant: 66 (c) Proof of identity satisfactory to the department. Such 67 proof must include one of the following documents issued to the 68 applicant: 69 1. A driver license record or identification card record 70 from another jurisdiction that required the applicant to submit 71 a document for identification which is substantially similar to 72 a document required under subparagraph 2., subparagraph 3., 73 subparagraph 4., subparagraph 5., subparagraph 6., subparagraph 74 7., or subparagraph 8.; 75 2. A certified copy of a United States birth certificate; 76 3. A valid, unexpired United States passport; 77 4. A naturalization certificate issued by the United States 78 Department of Homeland Security; 79 5. A valid, unexpired alien registration receipt card 80 (green card); 81 6. A Consular Report of Birth Abroad provided by the United 82 States Department of State; 83 7. An unexpired employment authorization card issued by the 84 United States Department of Homeland Security; or 85 8. Proof of nonimmigrant classification provided by the 86 United States Department of Homeland Security, for an original 87 driver license. In order to prove nonimmigrant classification, 88 an applicant must provide at least one of the following 89 documents. In addition, the department may require applicants to 90 produce United States Department of Homeland Security documents 91 for the sole purpose of establishing the maintenance of, or 92 efforts to maintain, continuous lawful presence: 93 a. A notice of hearing from an immigration court scheduling 94 a hearing on any proceeding. 95 b. A notice from the Board of Immigration Appeals 96 acknowledging pendency of an appeal. 97 c. A notice of the approval of an application for 98 adjustment of status issued by the United States Bureau of 99 Citizenship and Immigration Services. 100 d. An official documentation confirming the filing of a 101 petition for asylum or refugee status or any other relief issued 102 by the United States Bureau of Citizenship and Immigration 103 Services. 104 e. A notice of action transferring any pending matter from 105 another jurisdiction to this state issued by the United States 106 Bureau of Citizenship and Immigration Services. 107 f. An order of an immigration judge or immigration officer 108 granting relief that authorizes the alien to live and work in 109 the United States, including, but not limited to, asylum. 110 g. Evidence that an application is pending for adjustment 111 of status to that of an alien lawfully admitted for permanent 112 residence in the United States or conditional permanent resident 113 status in the United States, if a visa number is available 114 having a current priority date for processing by the United 115 States Bureau of Citizenship and Immigration Services. 116 h. On or after January 1, 2010, an unexpired foreign 117 passport with an unexpired United States Visa affixed, 118 accompanied by an approved I-94, documenting the most recent 119 admittance into the United States. 120 i. A notice of the approval of an application for Deferred 121 Action for Childhood Arrivals status issued by the United States 122 Citizenship and Immigration Services. 123 124 A driver license or temporary permit issued based on documents 125 required in subparagraph 7. or subparagraph 8. is valid for a 126 period not to exceed the expiration date of the document 127 presented or 1 year. 128 Section 2. For the purpose of incorporating the amendment 129 made by this act to section 322.08, Florida Statutes, in 130 references thereto, subsection (3) of section 322.17, Florida 131 Statutes, is reenacted to read: 132 322.17 Replacement licenses and permits.— 133 (3) Notwithstanding any other provisions of this chapter, 134 if a licensee establishes his or her identity for a driver’s 135 license using an identification document authorized under s. 136 322.08(2)(c)7. or 8., the licensee may not obtain a duplicate or 137 replacement instruction permit or driver’s license except in 138 person and upon submission of an identification document 139 authorized under s. 322.08(2)(c)7. or 8. 140 Section 3. For the purpose of incorporating the amendment 141 made by this act to section 322.08, Florida Statutes, in 142 references thereto, paragraph (d) of subsection (2) and 143 paragraph (c) of subsection (4) of section 322.18, Florida 144 Statutes, are reenacted to read: 145 322.18 Original applications, licenses, and renewals; 146 expiration of licenses; delinquent licenses.— 147 (2) Each applicant who is entitled to the issuance of a 148 driver’s license, as provided in this section, shall be issued a 149 driver’s license, as follows: 150 (d) Notwithstanding any other provision of this chapter, if 151 an applicant establishes his or her identity for a driver’s 152 license using a document authorized in s. 322.08(2)(c)7. or 8., 153 the driver’s license shall expire 1 year after the date of 154 issuance or upon the expiration date cited on the United States 155 Department of Homeland Security documents, whichever date first 156 occurs. 157 (4) 158 (c) Notwithstanding any other provision of this chapter, if 159 a licensee establishes his or her identity for a driver’s 160 license using an identification document authorized under s. 161 322.08(2)(c)7. or 8., the licensee may not renew the driver’s 162 license except in person and upon submission of an 163 identification document authorized under s. 322.08(2)(c)7. or 8. 164 A driver’s license renewed under this paragraph expires 1 year 165 after the date of issuance or upon the expiration date cited on 166 the United States Department of Homeland Security documents, 167 whichever date first occurs. 168 Section 4. For the purpose of incorporating the amendment 169 made by this act to section 322.08, Florida Statutes, in 170 references thereto, subsection (4) of section 322.19, Florida 171 Statutes, is reenacted to read: 172 322.19 Change of address or name.— 173 (4) Notwithstanding any other provision of this chapter, if 174 a licensee established his or her identity for a driver’s 175 license using an identification document authorized under s. 176 322.08(2)(c)7. or 8., the licensee may not change his or her 177 name or address except in person and upon submission of an 178 identification document authorized under s. 322.08(2)(c)7. or 8. 179 Section 5. This act shall take effect July 1, 2013.