| 1 | A bill to be entitled |
| 2 | An act relating to driver licenses and identification |
| 3 | cards; amending s. 322.051, F.S.; authorizing the |
| 4 | Department of Highway Safety and Motor Vehicles to cancel |
| 5 | an identification card issued based on certain documents |
| 6 | that have been invalidated; clarifying a reference; |
| 7 | amending s. 322.22, F.S.; authorizing the department to |
| 8 | cancel a Florida driver license issued based on certain |
| 9 | documents that have been invalidated; requiring the |
| 10 | department to attempt to obtain from the Federal |
| 11 | Government the status of certain documents offered as |
| 12 | proof of identity by applicants for identification cards |
| 13 | or driver licenses; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Paragraphs (b) and (c) of subsection (2) and |
| 18 | subsection (4) of section 322.051, Florida Statutes, are |
| 19 | amended, and subsection (8) is added to said section, to read: |
| 20 | 322.051 Identification cards.-- |
| 21 | (2) |
| 22 | (b) Notwithstanding any other provision of this chapter, |
| 23 | if an applicant establishes his or her identity for an |
| 24 | identification card using a document authorized under sub- |
| 25 | subparagraph (1)(a)3.d., the identification card shall expire on |
| 26 | the fourth birthday of the applicant following the date of |
| 27 | original issue or upon first renewal or duplicate issued after |
| 28 | implementation of this section. After an initial showing of such |
| 29 | documentation, he or she is exempted from having to renew or |
| 30 | obtain a duplicate in person. |
| 31 | (c) Notwithstanding any other provisions of this chapter, |
| 32 | if an applicant establishes his or her identity for an |
| 33 | identification card using an identification document authorized |
| 34 | under sub-subparagraphs (1)(a)3.e.-f., the identification card |
| 35 | shall expire 2 years after the date of issuance or upon the |
| 36 | expiration date cited on the United States Department of Justice |
| 37 | documents, whichever date first occurs, and may not be renewed |
| 38 | or obtain a duplicate except in person. |
| 39 | (4) When used with reference to identification cards, |
| 40 | "cancellation" means that an identification card is terminated |
| 41 | without prejudice and must be surrendered. Cancellation of the |
| 42 | card may be made when a card has been issued through error or |
| 43 | based on proof of identity authorized under sub-subparagraphs |
| 44 | (1)(a)3.d.-f. which is subsequently canceled, suspended, |
| 45 | revoked, expired, or otherwise invalidated or when the card has |
| 46 | been voluntarily surrendered to the department. |
| 47 | (8) The department is authorized to cancel any Florida |
| 48 | identification card issued based on proof of identity authorized |
| 49 | under sub-subparagraphs (1)(a)3.d.-f., if such documentation |
| 50 | offered as proof of identity has been found by the department to |
| 51 | be canceled, suspended, revoked, expired, or otherwise |
| 52 | invalidated. |
| 53 | Section 2. Paragraph (a) of subsection (1) of section |
| 54 | 322.051, Florida Statutes, reads: |
| 55 | 322.051 Identification cards.-- |
| 56 | (1) Any person who is 12 years of age or older, or any |
| 57 | person who has a disability, regardless of age, who applies for |
| 58 | a disabled parking permit under s. 320.0848, may be issued an |
| 59 | identification card by the department upon completion of an |
| 60 | application and payment of an application fee. |
| 61 | (a) Each such application shall include the following |
| 62 | information regarding the applicant: |
| 63 | 1. Full name (first, middle or maiden, and last), gender, |
| 64 | social security card number, county of residence and mailing |
| 65 | address, country of birth, and a brief description. |
| 66 | 2. Proof of birth date satisfactory to the department. |
| 67 | 3. Proof of identity satisfactory to the department. Such |
| 68 | proof must include one of the following documents issued to the |
| 69 | applicant: |
| 70 | a. A driver's license record or identification card record |
| 71 | from another jurisdiction that required the applicant to submit |
| 72 | a document for identification which is substantially similar to |
| 73 | a document required under sub-subparagraph b., sub-subparagraph |
| 74 | c., sub-subparagraph d., sub-subparagraph e., or sub- |
| 75 | subparagraph f.; |
| 76 | b. A certified copy of a United States birth certificate; |
| 77 | c. A valid United States passport; |
| 78 | d. An alien registration receipt card (green card); |
| 79 | e. An employment authorization card issued by the United |
| 80 | States Department of Justice; or |
| 81 | f. Proof of nonimmigrant classification provided by the |
| 82 | United States Department of Justice, for an original |
| 83 | identification card. In order to prove such nonimmigrant |
| 84 | classification, applicants may produce but are not limited to |
| 85 | the following documents: |
| 86 | (I) A notice of hearing from an immigration court |
| 87 | scheduling a hearing on any proceeding. |
| 88 | (II) A notice from the Board of Immigration Appeals |
| 89 | acknowledging pendency of an appeal. |
| 90 | (III) Notice of the approval of an application for |
| 91 | adjustment of status issued by the United States Immigration and |
| 92 | Naturalization Service. |
| 93 | (IV) Any official documentation confirming the filing of a |
| 94 | petition for asylum status or any other relief issued by the |
| 95 | United States Immigration and Naturalization Service. |
| 96 | (V) Notice of action transferring any pending matter from |
| 97 | another jurisdiction to Florida, issued by the United States |
| 98 | Immigration and Naturalization Service. |
| 99 | (VI) Order of an immigration judge or immigration officer |
| 100 | granting any relief that authorizes the alien to live and work |
| 101 | in the United States including, but not limited to asylum. |
| 102 |
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| 103 | Presentation of any of the foregoing documents shall entitle the |
| 104 | applicant to a driver's license or temporary permit for a period |
| 105 | not to exceed the expiration date of the document presented or 2 |
| 106 | years, whichever first occurs. |
| 107 | Section 3. Subsection (2) of section 322.22, Florida |
| 108 | Statutes, is renumbered as subsection (3) and a new subsection |
| 109 | (2) is added to said section to read: |
| 110 | 322.22 Authority of department to cancel license.-- |
| 111 | (2) The department is authorized to cancel any driver's |
| 112 | license issued based on proof of identity authorized under s. |
| 113 | 322.08(2)(c)4.-6., if such documentation offered as proof of |
| 114 | identity has been found by the department to be canceled, |
| 115 | suspended, revoked, expired, or otherwise invalidated. |
| 116 | (3)(2) Upon such cancellation, the licensee must surrender |
| 117 | to the department the license so canceled. |
| 118 | Section 4. Paragraph (c) of subsection (2) of section |
| 119 | 322.08, Florida Statutes, reads: |
| 120 | 322.08 Application for license.-- |
| 121 | (2) Each such application shall include the following |
| 122 | information regarding the applicant: |
| 123 | (c) Proof of identity satisfactory to the department. Such |
| 124 | proof must include one of the following documents issued to the |
| 125 | applicant: |
| 126 | 1. A driver's license record or identification card record |
| 127 | from another jurisdiction that required the applicant to submit |
| 128 | a document for identification which is substantially similar to |
| 129 | a document required under subparagraph 2., subparagraph 3., |
| 130 | subparagraph 4., subparagraph 5., or subparagraph 6.; |
| 131 | 2. A certified copy of a United States birth certificate; |
| 132 | 3. A valid United States passport; |
| 133 | 4. An alien registration receipt card (green card); |
| 134 | 5. An employment authorization card issued by the United |
| 135 | States Department of Justice; or |
| 136 | 6. Proof of nonimmigrant classification provided by the |
| 137 | United States Department of Justice. |
| 138 | Section 5. In order to carry out the authority granted |
| 139 | under ss. 322.051(4) and (8) and 322.22(2), Florida Statutes, |
| 140 | the Department of Highway Safety and Motor Vehicles shall, to |
| 141 | the fullest extent possible, obtain from the Federal Government, |
| 142 | including, but not limited to, the United States Departments of |
| 143 | Justice, State, and Homeland Security, all cooperation and |
| 144 | information necessary to enable it to determine when such |
| 145 | departments of the Federal Government have canceled, suspended, |
| 146 | revoked, caused to be expired, or otherwise invalidated any |
| 147 | document used by Florida identification card and driver license |
| 148 | applicants to prove eligibility for an identification card or |
| 149 | driver license. |
| 150 | Section 6. This act shall take effect upon becoming a law. |