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         322.045Restrictive 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.