HB 109

1	A bill to be entitled
2	An act relating to the issuance and renewal of
3	driver's licenses and identification cards; creating
4	s. 322.0805, F.S.; providing legislative intent;
5	prohibiting the Department of Highway Safety and Motor
6	Vehicles from copying and retaining certain
7	verification documents of any United States citizens
8	who is obtaining, renewing, or modifying a driver's
9	license or identification card; limiting requirements
10	to provide verification documents; requiring
11	destruction of such documents received and retained by
12	the department; exempting certain licensed persons or
13	identification card holders from requirements to
14	provide proof of address; requiring the department to
15	use existing records for identity verification for a
16	normal renewal, reinstatement, or modification of a
17	license or identification card; prohibiting the
18	department from using certain standards for
19	photographs, incorporating any electronic tracking
20	device upon or within any driver's license or
21	identification card, and obtaining fingerprints or
22	biometric DNA material of citizens; allowing use of a
23	nonresidential address for certain persons; providing
24	for application; providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Section 322.0805, Florida Statutes, is created
29	to read:
30	322.0805  Florida Driver's License Citizen Protection Act.-
31	(1)  It is the intent of the Legislature to minimize any
32	inconvenience to citizens transacting business with the
33	department while maintaining security for the issuance of
34	driver's licenses and identification cards to citizens and
35	aliens legally residing within the state.
36	(2)(a)  Notwithstanding any law to the contrary, the
37	department may not copy or retain in any form or format any
38	document submitted by a United States citizen as proof of
39	identification, proof of Social Security number, or proof of
40	residence or any other verification document required or
41	formerly required under this chapter for original issuance,
42	normal renewal, reinstatement, or modification, such as an
43	endorsement or address change, of a driver's license or
44	identification card. Proof of citizenship required for issuance
45	of an original driver's license or identification card may not
46	be copied or retained by the department but shall be noted in
47	the department's records when received and returned. Once
48	established, proof of identity or citizenship may not be
49	required by the department for renewal, reinstatement, or
50	modification of a license or identification card. By September
51	11, 2012, the department shall securely destroy so as to make
52	irretrievable any such verification documents that have been
53	obtained from United States citizens.
54	(b)  Notwithstanding any law to the contrary, if a citizen
55	is currently licensed to drive in this state or holds a valid
56	Florida identification card, the department shall grant a normal
57	renewal, reinstatement, or modification, such as an endorsement
58	or address change, of the license or identification card in the
59	name already existing in the records of the department and the
60	citizen may not be required by the department to provide further
61	proof of identity. The department may not require a citizen who
62	has held a valid Florida driver's license or a valid Florida
63	identification card for at least 10 years to submit proof of his
64	or her residence address for renewal of the license or
65	identification card. In all cases, the department shall
66	primarily use the existing photographs in its records as the
67	best evidence for identification upon renewal or modification of
68	a driver's license or identification card.
69	(3)  The department may not use any national or
70	international standard for the photographs required under this
71	chapter and may not incorporate any radio frequency
72	identification device, any device known as a RFID, or any
73	similar electronic tracking device upon or within any driver's
74	license or identification card issued. The department may not
75	obtain any fingerprints or biometric DNA material from a United
76	States citizen for purposes of any issuance, renewal,
77	reinstatement, or modification of a driver's license or
78	identification card.
79	(4)  A residential address is not required to be displayed
80	on the driver's license or identification card of any person
81	whose residential address is protected from disclosure by law in
82	s. 119.071(4)(d) or s. 741.403.
83	(5)  This section does not prohibit the copying and
84	retention of documents submitted by noncitizens when applying
85	for a driver's license or identification card.
86	Section 2.  This act shall take effect July 1, 2012.

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