Florida Senate - 2012 SB 1760 By Senator Garcia 40-00483-12 20121760__ 1 A bill to be entitled 2 An act relating to issuing a restrictive driving 3 privilege card to an illegal immigrant residing in 4 this state; creating s. 322.045, F.S.; authorizing the 5 Department of Highway Safety and Motor Vehicles to 6 issue a restrictive driving privilege card to an 7 illegal immigrant to allow the illegal immigrant to 8 drive a motor vehicle on the highways of this state; 9 defining terms; authorizing an illegal immigrant to 10 apply for a restrictive driving privilege card; 11 specifying the contents of the application; 12 prohibiting the department from issuing a restrictive 13 driving privilege card to a person who has never been 14 issued a driver license in any jurisdiction until he 15 or she successfully completes the traffic law and 16 substance abuse education; prohibiting the department 17 from issuing a restrictive driving privilege card to 18 an applicant if the applicant holds a valid driver 19 license issued by another state; requiring that the 20 department issue the card if an applicant establishes 21 his or her eligibility; providing that a restrictive 22 driving privilege card expires 1 year after the date 23 of issuance; requiring that an applicant renew the 24 card or obtain a duplicate in person; requiring that 25 the front of the restrictive driving privilege card 26 clearly display specified information; authorizing a 27 cardholder to renew a restrictive driving privilege 1 28 year after the initial issuance of the card; requiring 29 that a renewal application received later than 90 days 30 after expiration of a restrictive driving privilege 31 card be renewed using the same procedures applicable 32 to the original card; providing procedures for the 33 application for a duplicate if the card is lost, 34 destroyed, or mutilated or if a new name is acquired; 35 providing that a public entity is not liable for any 36 loss or injury resulting directly or indirectly from 37 false or inaccurate information contained on a 38 restrictive driving privilege card; prohibiting an 39 illegal immigrant from undertaking certain activities 40 relating to a restrictive driving privilege card; 41 requiring that a person who accepts a Florida driver 42 license as proof of identification accept a 43 restrictive driving privilege card in specified 44 circumstances; providing an effective date. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1. Section 322.045, Florida Statutes, is created to 49 read: 50 322.045 Restrictive driving privilege card for an illegal 51 immigrant residing in this state.— 52 (1) Notwithstanding any other law, an illegal immigrant may 53 drive a motor vehicle on the highways of this state if the 54 illegal immigrant has been granted a restrictive driving 55 privilege card issued by the Department of Highway Safety and 56 Motor Vehicles under this section. An illegal immigrant may not 57 drive a type or class of motor vehicle unless specifically 58 granted the privilege to do so by the restrictive driving 59 privilege card. 60 (2) As used in this section, the term: 61 (a) “Applicant” means an illegal immigrant who applies for 62 a restrictive driving privilege card. 63 (b) “Illegal immigrant” means a person who cannot prove his 64 or her legal resident status in this country by providing one or 65 more of the following documents: 66 1. A certified copy of a United States birth certificate. 67 2. A valid, unexpired United States passport. 68 3. A naturalization certificate issued by the United States 69 Department of Homeland Security. 70 4. A valid, unexpired alien registration receipt card 71 (green card). 72 5. A Consular Report of Birth Abroad provided by the United 73 States Department of State. 74 6. An unexpired employment authorization card issued by the 75 United States Department of Homeland Security. 76 7. Proof of nonimmigrant classification provided by the 77 United States Department of Homeland Security. An applicant may 78 produce, but is not limited to, the following documents to prove 79 that he or she is qualified for nonimmigrant classification: 80 a. Notice of a scheduled hearing on a proceeding from an 81 immigration court. 82 b. Notice from the Board of Immigration Appeals 83 acknowledging pendency of an appeal. 84 c. Notice of the approval of an application for adjustment 85 of status issued by the United States Bureau of Citizenship and 86 Immigration Services. 87 d. An official documentation confirming the filing of a 88 petition for asylum or refugee status or any other relief issued 89 by the United States Bureau of Citizenship and Immigration 90 Services. 91 e. Notice of an action transferring any pending matter from 92 another jurisdiction to this state, issued by the United States 93 Bureau of Citizenship and Immigration Services. 94 f. Order of an immigration judge or immigration officer 95 granting any relief that authorizes the immigrant to live and 96 work in the United States, including, but not limited to, 97 asylum. 98 g. Evidence that an application is pending for adjustment 99 of status to that of an immigrant lawfully admitted for 100 permanent resident status or conditional permanent resident 101 status in the United States, if a visa number is available 102 having a current priority date for processing by the United 103 States Bureau of Citizenship and Immigration Services. 104 h. On or after January 1, 2010, an unexpired foreign 105 passport with an unexpired United States visa affixed, 106 accompanied by an approved I-94, documenting the most recent 107 admittance into the United States. 108 109 The lack of any of the documents described in this paragraph 110 entitles the illegal immigrant to apply for a restrictive 111 driving privilege card for a period not to exceed 1 year. 112 (c) “Restrictive driving privilege card” means a card 113 issued under this section to an illegal immigrant to give him or 114 her the privilege of driving a motor vehicle in this state. 115 (3)(a) An illegal immigrant who applies for a restrictive 116 driving privilege card may be issued such a card by the 117 department after completing a written and driving licensing 118 test, filing a completed application, and submitting the 119 applicable fee pursuant to s. 322.21. An application for a 120 restrictive driving privilege card must be signed and verified 121 by the applicant, in a format designated by the department, 122 before an agent of the department who is authorized to 123 administer oaths. 124 (b) The application must include the following information: 125 1. Full name, gender, county of residence, mailing address, 126 country of birth, and a brief description of the applicant. 127 2. Proof of the applicant’s birth date which is deemed 128 satisfactory to the department. 129 3. Proof of residence which is deemed satisfactory to the 130 department. Such proof includes, but is not limited to, one or 131 more of the following documents: 132 a. A driver license record or identification card record 133 from another jurisdiction that required the applicant to submit 134 a document for identification substantially similar to a 135 document required under this section. 136 b. A utility bill other than a cellular phone bill. 137 c. A bank statement. 138 d. A residential rental contract. 139 e. A major credit card billing statement. 140 4. Proof of financial responsibility. 141 5. A completed medical questions and vision test. 142 6. A current photo of the applicant. 143 (c) The application must include a consent to release 144 driving record information, entitling the department to request, 145 receive, and exchange that information with other jurisdictions. 146 (4)(a) The department may not issue a restrictive driving 147 privilege card to an applicant who has never been issued a 148 driver license in any jurisdiction until he or she successfully 149 completes the traffic law and substance abuse education course 150 prescribed in s. 322.095. 151 (b) The department may not issue a restrictive driving 152 privilege card to an applicant if the applicant holds a valid 153 driver license issued by another state. 154 (5) Notwithstanding any other provision of this chapter, if 155 an applicant establishes his or her eligibility for a 156 restrictive driving privilege card under this section, the 157 department shall issue the card. The card expires 1 year after 158 the date of issuance, and the applicant may not renew the card 159 or obtain a duplicate except in person. 160 (6) The department, upon receipt of the required fee and 161 documents, shall issue to the qualified applicant a restrictive 162 driving privilege card. The front of the restrictive driving 163 privilege card must clearly display: 164 (a) A phrase substantially similar to “FOR DRIVING 165 PRIVILEGES ONLY IN THE STATE OF FLORIDA.” 166 (b) A fullface color photograph or digital image of the 167 cardholder. Notwithstanding chapter 761 or s. 761.05, the 168 requirement for a fullface color photograph or digital image of 169 the cardholder may not be waived. A space shall be provided upon 170 which the cardholder shall affix his or her usual signature, as 171 required in s. 322.14, in the presence of an authorized agent of 172 the department so as to ensure that the signature becomes a part 173 of the identification card. 174 (c) A capital “I” indicating that the restrictive driving 175 privilege card has been issued to an illegal immigrant. 176 (d) A statement specifying any restriction applicable to 177 the cardholder. 178 (7) A restrictive driving privilege card may be renewed 179 within 90 days after the 1-year anniversary of the issuance of 180 the card. A renewal application received later than 90 days 181 after the expiration of the card must be renewed following the 182 same procedures applicable to the original restrictive driving 183 privilege card. 184 (8) If a restrictive driving privilege card is lost, 185 destroyed, or mutilated or if a new name is acquired, the person 186 to whom the card was issued may obtain a duplicate upon 187 furnishing satisfactory proof of such fact to the department and 188 upon payment of a fee as provided in s. 322.21. The fee must 189 include payment for the fullface color photograph or digital 190 image of the applicant. A person who loses a restrictive driving 191 privilege card and who, after obtaining a duplicate, finds the 192 original card shall immediately surrender the original card to 193 the department. The same documentary evidence shall be furnished 194 for the duplicate as for the original restrictive driving 195 privilege card. 196 (9) A public entity is not liable for a loss or injury 197 resulting directly or indirectly from false or inaccurate 198 information contained on a restrictive driving privilege card 199 provided for in this section. 200 (10) A person may not: 201 (a) Display, cause or permit to be displayed, or have in 202 his or her possession a fictitious, fraudulently altered, or 203 fraudulently obtained restrictive driving privilege card. 204 (b) Lend his or her restrictive driving privilege card to 205 another person or knowingly permit the use thereof by another 206 person. 207 (c) Display or represent a restrictive driving privilege 208 card not issued to him or her as being his or her card. 209 (d) Permit the unlawful use of a restrictive driving 210 privilege card issued to him or her. 211 (e) Perform an act that is forbidden, or fail to perform an 212 act that is required, by this section. 213 (11) A person accepting the Florida driver license as proof 214 of identification must accept a restrictive driving privilege 215 card as proof of identification if the bearer of a restrictive 216 driving privilege card does not have a driver license. 217 Section 2. This act shall take effect July 1, 2012.