HB 1739

1
A bill to be entitled
2An act relating to driver licenses and identification
3cards; amending s. 322.051, F.S.; authorizing the
4Department of Highway Safety and Motor Vehicles to cancel
5an identification card issued based on certain documents
6that have been invalidated; clarifying a reference;
7amending s. 322.22, F.S.; authorizing the department to
8cancel a Florida driver license issued based on certain
9documents that have been invalidated; requiring the
10department to attempt to obtain from the Federal
11Government the status of certain documents offered as
12proof of identity by applicants for identification cards
13or driver licenses; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Paragraphs (b) and (c) of subsection (2) and
18subsection (4) of section 322.051, Florida Statutes, are
19amended, 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,
23if an applicant establishes his or her identity for an
24identification card using a document authorized under sub-
25subparagraph (1)(a)3.d., the identification card shall expire on
26the fourth birthday of the applicant following the date of
27original issue or upon first renewal or duplicate issued after
28implementation of this section. After an initial showing of such
29documentation, he or she is exempted from having to renew or
30obtain a duplicate in person.
31     (c)  Notwithstanding any other provisions of this chapter,
32if an applicant establishes his or her identity for an
33identification card using an identification document authorized
34under sub-subparagraphs (1)(a)3.e.-f., the identification card
35shall expire 2 years after the date of issuance or upon the
36expiration date cited on the United States Department of Justice
37documents, whichever date first occurs, and may not be renewed
38or obtain a duplicate except in person.
39     (4)  When used with reference to identification cards,
40"cancellation" means that an identification card is terminated
41without prejudice and must be surrendered. Cancellation of the
42card may be made when a card has been issued through error or
43based on proof of identity authorized under sub-subparagraphs
44(1)(a)3.d.-f. which is subsequently canceled, suspended,
45revoked, expired, or otherwise invalidated or when the card has
46been voluntarily surrendered to the department.
47     (8)  The department is authorized to cancel any Florida
48identification card issued based on proof of identity authorized
49under sub-subparagraphs (1)(a)3.d.-f., if such documentation
50offered as proof of identity has been found by the department to
51be canceled, suspended, revoked, expired, or otherwise
52invalidated.
53     Section 2.  Paragraph (a) of subsection (1) of section
54322.051, Florida Statutes, reads:
55     322.051  Identification cards.--
56     (1)  Any person who is 12 years of age or older, or any
57person who has a disability, regardless of age, who applies for
58a disabled parking permit under s. 320.0848, may be issued an
59identification card by the department upon completion of an
60application and payment of an application fee.
61     (a)  Each such application shall include the following
62information regarding the applicant:
63     1.  Full name (first, middle or maiden, and last), gender,
64social security card number, county of residence and mailing
65address, 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
68proof must include one of the following documents issued to the
69applicant:
70     a.  A driver's license record or identification card record
71from another jurisdiction that required the applicant to submit
72a document for identification which is substantially similar to
73a document required under sub-subparagraph b., sub-subparagraph
74c., sub-subparagraph d., sub-subparagraph e., or sub-
75subparagraph 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
80States Department of Justice; or
81     f.  Proof of nonimmigrant classification provided by the
82United States Department of Justice, for an original
83identification card. In order to prove such nonimmigrant
84classification, applicants may produce but are not limited to
85the following documents:
86     (I)  A notice of hearing from an immigration court
87scheduling a hearing on any proceeding.
88     (II)  A notice from the Board of Immigration Appeals
89acknowledging pendency of an appeal.
90     (III)  Notice of the approval of an application for
91adjustment of status issued by the United States Immigration and
92Naturalization Service.
93     (IV)  Any official documentation confirming the filing of a
94petition for asylum status or any other relief issued by the
95United States Immigration and Naturalization Service.
96     (V)  Notice of action transferring any pending matter from
97another jurisdiction to Florida, issued by the United States
98Immigration and Naturalization Service.
99     (VI)  Order of an immigration judge or immigration officer
100granting any relief that authorizes the alien to live and work
101in the United States including, but not limited to asylum.
102
103Presentation of any of the foregoing documents shall entitle the
104applicant to a driver's license or temporary permit for a period
105not to exceed the expiration date of the document presented or 2
106years, whichever first occurs.
107     Section 3.  Subsection (2) of section 322.22, Florida
108Statutes, 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
112license issued based on proof of identity authorized under s.
113322.08(2)(c)4.-6., if such documentation offered as proof of
114identity has been found by the department to be canceled,
115suspended, revoked, expired, or otherwise invalidated.
116     (3)(2)  Upon such cancellation, the licensee must surrender
117to the department the license so canceled.
118     Section 4.  Paragraph (c) of subsection (2) of section
119322.08, Florida Statutes, reads:
120     322.08  Application for license.--
121     (2)  Each such application shall include the following
122information regarding the applicant:
123     (c)  Proof of identity satisfactory to the department. Such
124proof must include one of the following documents issued to the
125applicant:
126     1.  A driver's license record or identification card record
127from another jurisdiction that required the applicant to submit
128a document for identification which is substantially similar to
129a document required under subparagraph 2., subparagraph 3.,
130subparagraph 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
135States Department of Justice; or
136     6.  Proof of nonimmigrant classification provided by the
137United States Department of Justice.
138     Section 5.  In order to carry out the authority granted
139under ss. 322.051(4) and (8) and 322.22(2), Florida Statutes,
140the Department of Highway Safety and Motor Vehicles shall, to
141the fullest extent possible, obtain from the Federal Government,
142including, but not limited to, the United States Departments of
143Justice, State, and Homeland Security, all cooperation and
144information necessary to enable it to determine when such
145departments of the Federal Government have canceled, suspended,
146revoked, caused to be expired, or otherwise invalidated any
147document used by Florida identification card and driver license
148applicants to prove eligibility for an identification card or
149driver license.
150     Section 6.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.