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. |