House Bill hb0223c1
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Florida House of Representatives - 2002 CS/HB 223
By the Committee on Transportation and Representatives
Ritter, Detert, Greenstein and Mahon
1 A bill to be entitled
2 An act relating to driver's licenses; amending
3 s. 322.051, F.S.; revising application
4 requirements for the issuance of an
5 identification card; revising the expiration
6 period for an identification card issued to a
7 person who established his or her identity by
8 using specified identification documents;
9 amending s. 322.08, F.S.; revising application
10 requirements for the issuance of a driver's
11 license; amending s. 322.17, F.S.; providing
12 that a driver's licensee who established his or
13 her identity using specified identification
14 documents may not obtain a duplicate or
15 replacement permit except in person; amending
16 s. 322.18, F.S.; revising the expiration period
17 for a driver's license issued to a person who
18 established his or her identity by using
19 specified identification documents; requiring a
20 person issued such a license to renew it in
21 person and submit certain identification
22 documents; amending s. 322.19, F.S.; providing
23 that a driver's licensee who established his or
24 her identity using specified identification
25 documents may not change his or her name or
26 address except in person; amending s. 322.212,
27 F.S.; prohibiting a person from knowingly
28 selling, manufacturing, or delivering, or
29 offering to sell, manufacture, or deliver, any
30 blank, forged, stolen, fictitious, counterfeit,
31 or unlawfully issued driver's license or
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1 identification card or any instrument in the
2 similitude of such license or card; providing a
3 penalty; authorizing investigations of a
4 violation of certain provisions; providing an
5 effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Subsections (1) and (2) of section 322.051,
10 Florida Statutes, are amended to read:
11 322.051 Identification cards.--
12 (1) Any person who is 12 years of age or older, or any
13 person who has a disability, regardless of age, who applies
14 for a disabled parking permit under s. 320.0848, may be issued
15 an identification card by the department upon completion of an
16 application and payment of an application fee.
17 (a) Each such application shall include the following
18 information regarding the applicant:
19 1. Full name (first, middle or maiden, and last),
20 gender, social security card number, residence and mailing
21 address, place of birth, and a brief description.
22 2. Proof of birth date satisfactory to the department.
23 3. Proof of identity satisfactory to the department.
24 Such proof must include one of the following documents issued
25 to the applicant: unless
26 a. A driver's license record or identification card
27 record from another jurisdiction that required the applicant
28 to submit a document for identification which is substantially
29 similar to a document required under sub-subparagraph b.,
30 sub-subparagraph c., sub-subparagraph d., sub-subparagraph e.,
31 or sub-subparagraph f.; has already been established:
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1 b. A certified copy of a United States birth
2 certificate;,
3 c. A valid United States passport;,
4 d. An alien registration receipt card (green card);,
5 e. An employment authorization card issued by the
6 United States Department of Justice;, or
7 f. Proof of nonimmigrant classification provided by
8 the United States Department of Justice, for an original
9 identification card.
10 (b) An application for an identification card must be
11 signed and verified by the applicant in a format designated by
12 the department before a person authorized to administer oaths.
13 The fee for an identification card is $3, including payment
14 for the color photograph or digital image of the applicant.
15 (2)(a) Every identification card shall expire, unless
16 canceled earlier, on the fourth birthday of the applicant
17 following the date of original issue. However, if an
18 individual is 60 years of age or older, and has an
19 identification card issued under this section, the card shall
20 not expire unless done so by cancellation by the department or
21 by the death of the cardholder. Renewal of any identification
22 card shall be made for a term which shall expire on the fourth
23 birthday of the applicant following expiration of the
24 identification card renewed, unless surrendered earlier. Any
25 application for renewal received later than 90 days after
26 expiration of the identification card shall be considered the
27 same as an application for an original identification card.
28 The renewal fee for an identification card shall be $3. The
29 department shall, at the end of 4 years and 6 months after the
30 issuance or renewal of an identification card, destroy any
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1 record of the card if it has expired and has not been renewed,
2 unless the cardholder is 60 years of age or older.
3 (b) Notwithstanding any other provision of this
4 chapter, if an applicant establishes his or her identity for
5 an identification card using a document authorized under
6 sub-subparagraph (1)(a)3.d., the identification card shall
7 expire on the fourth birthday of the applicant following the
8 date of original issue or upon first renewal or duplicate
9 after implementation of this section. After an initial showing
10 of such documentation, the applicant is exempted from having
11 to renew or obtain a duplicate in person.
12 (c) Notwithstanding any other provision of this
13 chapter, if an applicant establishes his or her identity for
14 an identification card using a document authorized under
15 sub-subparagraph (1)(a)3.e. or sub-subparagraph (1)(a)3.f.,
16 the identification card shall expire 4 years after the date of
17 issuance or upon the expiration date cited on such document,
18 whichever date first occurs. An applicant establishing his or
19 her identity using a document authorized under
20 sub-subparagraph (1)(a)3.e. or sub-subparagraph (1)(a)3.f. may
21 not renew or obtain a duplicate identification card except in
22 person.
23 Section 2. Subsection (2) of section 322.08, Florida
24 Statutes, is amended to read:
25 322.08 Application for license.--
26 (2) Each such application shall include the following
27 information regarding the applicant:
28 (a) Full name (first, middle or maiden, and last),
29 gender, social security card number, residence and mailing
30 address, place of birth, and a brief description.
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1 (b) Proof of birth date satisfactory to the
2 department.
3 (c) Proof of identity satisfactory to the department.
4 Such proof must include one of the following documents issued
5 to the applicant: unless
6 1. A driver's license record or identification card
7 record from another jurisdiction that required the applicant
8 to submit a document for identification which is substantially
9 similar to a document required under subparagraph 2.,
10 subparagraph 3., subparagraph 4., subparagraph 5., or
11 subparagraph 6.; has already been established:
12 2. A certified copy of a United States birth
13 certificate;,
14 3. A valid United States passport;,
15 4. An alien registration receipt card (green card);,
16 5. An employment authorization card issued by the
17 United States Department of Justice;, or
18 6. Proof of nonimmigrant classification provided by
19 the United States Department of Justice, for an original
20 license.
21 (d) Whether the applicant has previously been licensed
22 to drive, and, if so, when and by what state, and whether any
23 such license or driving privilege has ever been disqualified,
24 revoked, or suspended, or whether an application has ever been
25 refused, and, if so, the date of and reason for such
26 disqualification, suspension, revocation, or refusal.
27 Section 3. Subsection (3) is added to section 322.17,
28 Florida Statutes, to read:
29 322.17 Duplicate and replacement certificates.--
30 (3) Notwithstanding any other provision of this
31 chapter, if a licensee established his or her identity for a
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1 driver's license using an identification document authorized
2 under s. 322.08(2)(c)5. or 6., the licensee may not obtain a
3 duplicate or replacement instruction permit or driver's
4 license except in person and upon submission of an
5 identification document authorized under s. 322.08(2)(c)4.,
6 5., or 6.
7 Section 4. Subsections (2) and (4) of section 322.18,
8 Florida Statutes, are amended to read:
9 322.18 Original applications, licenses, and renewals;
10 expiration of licenses; delinquent licenses.--
11 (2) Each applicant who is entitled to the issuance of
12 a driver's license, as provided in this section, shall be
13 issued a driver's license, as follows:
14 (a) An applicant applying for an original issuance
15 shall be issued a driver's license which expires at midnight
16 on the licensee's birthday which next occurs on or after the
17 sixth anniversary of the date of issue.
18 (b) An applicant applying for a renewal issuance or
19 renewal extension shall be issued a driver's license or
20 renewal extension sticker which expires at midnight on the
21 licensee's birthday which next occurs 4 years after the month
22 of expiration of the license being renewed, except that a
23 driver whose driving record reflects no convictions for the
24 preceding 3 years shall be issued a driver's license or
25 renewal extension sticker which expires at midnight on the
26 licensee's birthday which next occurs 6 years after the month
27 of expiration of the license being renewed.
28 (c) Notwithstanding any other provision of this
29 chapter, if an applicant establishes his or her identity for a
30 driver's license using an identification document authorized
31 under s. 322.08(2)(c)4., the driver's license shall expire at
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1 midnight on the sixth birthday of the applicant following the
2 date of original issue. After an initial showing of such
3 documentation, the applicant is exempted from having to renew
4 or obtain a duplicate in person.
5 (d) Notwithstanding any other provision of this
6 chapter, if an applicant establishes his or her identity for a
7 driver's license using a document authorized under s.
8 322.08(2)(c)5. or 6., the driver's license shall expire 4
9 years after the date of issuance or upon the expiration date
10 cited on the document, whichever date first occurs.
11 (4)(a) Except as otherwise provided in this chapter,
12 all licenses shall be renewable every 4 years or 6 years,
13 depending upon the terms of issuance and shall be issued or
14 extended upon application, payment of the fees required by s.
15 322.21, and successful passage of any required examination,
16 unless the department has reason to believe that the licensee
17 is no longer qualified to receive a license.
18 (b) Notwithstanding any other provision of this
19 chapter, if an applicant establishes his or her identity for a
20 driver's license using a document authorized under s.
21 322.08(2)(c)4., the applicant is exempted from having to renew
22 or obtain a duplicate in person, unless the renewal or
23 duplication coincides with the periodic reexamination of a
24 driver as required pursuant to s. 322.121.
25 (c) Notwithstanding any other provision of this
26 chapter, if an applicant establishes his or her identity for a
27 driver's license using an identification document authorized
28 under s. 322.08(2)(c)5. or 6., the applicant may not renew the
29 driver's license except in person and upon submission of an
30 identification document authorized under s. 322.08(2)(c)4.,
31 5., or 6. A driver's license renewed under this paragraph
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1 shall expire 4 years after the date of issuance or upon the
2 expiration date cited on the United States Department of
3 Justice documents used for identification, whichever date
4 first occurs.
5 Section 5. Subsection (4) is added to section 322.19,
6 Florida Statutes, to read:
7 322.19 Change of address or name.--
8 (4) Notwithstanding any other provision of this
9 chapter, if a licensee established his or her identity for a
10 driver's license using an identification document authorized
11 under s. 322.08(2)(c)5. or 6., the licensee may not change his
12 or her name or address except in person and upon submission of
13 an identification document authorized under s. 322.08(2)(c)4.,
14 5., or 6.
15 Section 6. Subsections (1) and (6) of section 322.212,
16 Florida Statutes, are amended to read:
17 322.212 Unauthorized possession of, and other unlawful
18 acts in relation to, driver's license or identification
19 card.--
20 (1) It is unlawful for any person to:
21 (a) Knowingly to have in his or her possession or to
22 display any blank, forged, stolen, fictitious, counterfeit, or
23 unlawfully issued driver's license or identification card or
24 any instrument in the similitude of a driver's license or
25 identification card unless possession by such person has been
26 duly authorized by the department;
27 (b) Knowingly to have in his or her possession any
28 instrument in the similitude of a driver's license issued by
29 the department or its duly authorized agents or those of any
30 state or jurisdiction issuing licenses recognized in this
31 state for the operation of a motor vehicle; or
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1 (c) Knowingly to have in his or her possession any
2 instrument in the similitude of an identification card issued
3 by the department or its duly authorized agents or those of
4 any state or jurisdiction issuing identification cards
5 recognized in this state for the purpose of indicating a
6 person's true name and age; or.
7 (d) Knowingly sell, manufacture, or deliver, or
8 knowingly offer to sell, manufacture, or deliver, a blank,
9 forged, stolen, fictitious, counterfeit, or unlawfully issued
10 driver's license or identification card, or an instrument in
11 the similitude of a driver's license or identification card,
12 unless that person is authorized to do so by the department. A
13 violation of this paragraph may be investigated by any state
14 agency, including, but not limited to, the Division of
15 Alcoholic Beverages and Tobacco.
16
17 The term "driver's license" includes a driver's license issued
18 by the department or its agents or a driver's license issued
19 by any state or jurisdiction that issues licenses recognized
20 in this state for the operation of a motor vehicle. The term
21 "identification card" includes any identification card issued
22 by the department or its agents or any identification card
23 issued by any state or jurisdiction that issues identification
24 cards recognized in this state for the purpose of indicating a
25 person's true name and age. This subsection does not prohibit
26 a person from possessing or displaying another person's
27 driver's license or identification card for a lawful purpose.
28 (6) Except as otherwise provided in this subsection,
29 any person who violates any of the provisions of this section
30 is guilty of a felony of the third degree, punishable as
31 provided in s. 775.082, s. 775.083, or s. 775.084. However,
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1 Any person who violates paragraph (5)(a) by giving a false age
2 in any application for a driver's license or identification
3 card or who violates paragraph (5)(b) by possessing a driver's
4 license, identification card, or any instrument in the
5 similitude thereof, on which the date of birth has been
6 altered is guilty of a misdemeanor of the second degree,
7 punishable as provided in s. 775.082 or s. 775.083. Any person
8 who violates paragraph (1)(d) commits a felony of the second
9 degree, punishable as provided in s. 775.082, s. 775.083, or
10 s. 775.084.
11 Section 7. This act shall take effect October 1, 2002.
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