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 security card number 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.; or
   49         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 to
   54  produce United States Department of Homeland Security documents
   55  for the sole purpose of establishing the maintenance of, or
   56  efforts 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 which that authorizes 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., or subparagraph 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 driver driver’s license 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 driver driver’s license from another
  119  state or a province of Canada, or a valid driver driver’s
  120  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 driver driver’s license, if the person has not
  131  taken and passed the hazardous-materials test within 2 years
  132  before applying for a commercial driver driver’s license 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.