| 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 | 
 | 
| 15 | Be It Enacted by the Legislature of the State of Florida: | 
| 16 | 
 | 
| 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 | 
 | 
| 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. |