House Bill hb0223c2

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    Florida House of Representatives - 2002           CS/CS/HB 223

        By the Council for Ready Infrastructure and Committee on
    Transportation and Representatives Ritter, Detert, Greenstein,
    Mahon, Pickens, Lynn and Harrington




  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; authorizing

  3         investigations of a violation of certain

  4         provisions; providing an effective date.

  5

  6  Be It Enacted by the Legislature of the State of Florida:

  7

  8         Section 1.  Subsections (1) and (2) of section 322.051,

  9  Florida Statutes, are amended to read:

10         322.051  Identification cards.--

11         (1)  Any person who is 12 years of age or older, or any

12  person who has a disability, regardless of age, who applies

13  for a disabled parking permit under s. 320.0848, may be issued

14  an identification card by the department upon completion of an

15  application and payment of an application fee.

16         (a)  Each such application shall include the following

17  information regarding the applicant:

18         1.  Full name (first, middle or maiden, and last),

19  gender, social security card number, residence and mailing

20  address, place of birth, and a brief description.

21         2.  Proof of birth date satisfactory to the department.

22         3.  Proof of identity satisfactory to the department.

23  Such proof must include one of the following documents issued

24  to the applicant: unless

25         a.  A driver's license record or identification card

26  record from another jurisdiction that required the applicant

27  to submit a document for identification which is substantially

28  similar to a document required under sub-subparagraph b.,

29  sub-subparagraph c., sub-subparagraph d., sub-subparagraph e.,

30  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.  Subsection (1) of section 322.212, Florida

16  Statutes, is 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 law

14  enforcement agency, including the Division of Alcoholic

15  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         Section 7.  This act shall take effect October 1, 2002.

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