Florida Senate - 2013                                     SB 986
       
       
       
       By Senator Soto
       
       
       
       
       14-01440-13                                            2013986__
    1                        A bill to be entitled                      
    2         An act relating to requirements for driver licenses;
    3         amending s. 322.08, F.S.; including notice of the
    4         approval of an application for Deferred Action for
    5         Childhood Arrivals status issued by the United States
    6         Citizenship and Immigration Services as valid proof of
    7         identity for purposes of applying for a driver
    8         license; reenacting ss. 322.17(3), 322.18(2)(d) and
    9         (4)(c), and 322.19(4), F.S., relating to conditions
   10         and limitations with respect to obtaining a duplicate
   11         or replacement instruction permit or driver license,
   12         expiration of and renewal of a driver license, and
   13         change of name or address on a driver license for
   14         licensees who establish their identity in a specified
   15         manner, to incorporate the amendments made by the act
   16         to s. 322.08, F.S., in references thereto; providing
   17         an effective date.
   18  
   19         WHEREAS, over the past 3 years, the Obama administration
   20  has undertaken an unprecedented effort to transform the
   21  immigration enforcement system into one that focuses on public
   22  safety, border security, and the integrity of the immigration
   23  system, and
   24         WHEREAS, as the United States Department of Homeland
   25  Security continues to focus its enforcement resources on the
   26  removal of individuals who pose a danger to national security or
   27  a risk to public safety, including individuals convicted of
   28  crimes with particular emphasis on violent criminals, felons,
   29  and repeat offenders, the United States Department of Homeland
   30  Security intends to exercise prosecutorial discretion as
   31  appropriate to ensure that enforcement resources are not
   32  expended on low priority cases, such as individuals who came to
   33  the United States as children and meet other key guidelines, and
   34         WHEREAS, individuals who demonstrate that they meet
   35  specified guidelines established by the department may request
   36  consideration under the Deferred Action for Childhood Arrivals
   37  program for a period of 2 years, subject to renewal, and may be
   38  eligible for employment authorization, and
   39         WHEREAS, an individual may request consideration under the
   40  Deferred Action for Childhood Arrivals program if he or she was
   41  under the age of 31 as of June 15, 2012; came to the United
   42  States before reaching his or her 16th birthday; has
   43  continuously resided in the United States since June 15, 2007;
   44  was physically present in the United States on June 15, 2012,
   45  and at the time of making his or her request for consideration
   46  of deferred action with the United States Citizenship and
   47  Immigration Services; entered the United States without
   48  inspection before June 15, 2012, or experienced expiration of
   49  his or her lawful immigration status as of June 15, 2012; is
   50  currently in school, has graduated or obtained a certificate of
   51  completion from high school, has obtained a general education
   52  development (GED) certificate, or is an honorably discharged
   53  veteran of the Coast Guard or Armed Forces of the United States;
   54  and has not been convicted of a felony, significant misdemeanor,
   55  three or more other misdemeanors, and does not otherwise pose a
   56  threat to national security or public safety, NOW, THEREFORE,
   57  
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. Paragraph (c) of subsection (2) of section
   61  322.08, Florida Statutes, is amended to read:
   62         322.08 Application for license; requirements for license
   63  and identification card forms.—
   64         (2) Each such application shall include the following
   65  information regarding the applicant:
   66         (c) Proof of identity satisfactory to the department. Such
   67  proof must include one of the following documents issued to the
   68  applicant:
   69         1. A driver license record or identification card record
   70  from another jurisdiction that required the applicant to submit
   71  a document for identification which is substantially similar to
   72  a document required under subparagraph 2., subparagraph 3.,
   73  subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
   74  7., or subparagraph 8.;
   75         2. A certified copy of a United States birth certificate;
   76         3. A valid, unexpired United States passport;
   77         4. A naturalization certificate issued by the United States
   78  Department of Homeland Security;
   79         5. A valid, unexpired alien registration receipt card
   80  (green card);
   81         6. A Consular Report of Birth Abroad provided by the United
   82  States Department of State;
   83         7. An unexpired employment authorization card issued by the
   84  United States Department of Homeland Security; or
   85         8. Proof of nonimmigrant classification provided by the
   86  United States Department of Homeland Security, for an original
   87  driver license. In order to prove nonimmigrant classification,
   88  an applicant must provide at least one of the following
   89  documents. In addition, the department may require applicants to
   90  produce United States Department of Homeland Security documents
   91  for the sole purpose of establishing the maintenance of, or
   92  efforts to maintain, continuous lawful presence:
   93         a. A notice of hearing from an immigration court scheduling
   94  a hearing on any proceeding.
   95         b. A notice from the Board of Immigration Appeals
   96  acknowledging pendency of an appeal.
   97         c. A notice of the approval of an application for
   98  adjustment of status issued by the United States Bureau of
   99  Citizenship and Immigration Services.
  100         d. An official documentation confirming the filing of a
  101  petition for asylum or refugee status or any other relief issued
  102  by the United States Bureau of Citizenship and Immigration
  103  Services.
  104         e. A notice of action transferring any pending matter from
  105  another jurisdiction to this state issued by the United States
  106  Bureau of Citizenship and Immigration Services.
  107         f. An order of an immigration judge or immigration officer
  108  granting relief that authorizes the alien to live and work in
  109  the United States, including, but not limited to, asylum.
  110         g. Evidence that an application is pending for adjustment
  111  of status to that of an alien lawfully admitted for permanent
  112  residence in the United States or conditional permanent resident
  113  status in the United States, if a visa number is available
  114  having a current priority date for processing by the United
  115  States Bureau of Citizenship and Immigration Services.
  116         h. On or after January 1, 2010, an unexpired foreign
  117  passport with an unexpired United States Visa affixed,
  118  accompanied by an approved I-94, documenting the most recent
  119  admittance into the United States.
  120         i. A notice of the approval of an application for Deferred
  121  Action for Childhood Arrivals status issued by the United States
  122  Citizenship and Immigration Services.
  123  
  124  A driver license or temporary permit issued based on documents
  125  required in subparagraph 7. or subparagraph 8. is valid for a
  126  period not to exceed the expiration date of the document
  127  presented or 1 year.
  128         Section 2. For the purpose of incorporating the amendment
  129  made by this act to section 322.08, Florida Statutes, in
  130  references thereto, subsection (3) of section 322.17, Florida
  131  Statutes, is reenacted to read:
  132         322.17 Replacement licenses and permits.—
  133         (3) Notwithstanding any other provisions of this chapter,
  134  if a licensee establishes his or her identity for a driver’s
  135  license using an identification document authorized under s.
  136  322.08(2)(c)7. or 8., the licensee may not obtain a duplicate or
  137  replacement instruction permit or driver’s license except in
  138  person and upon submission of an identification document
  139  authorized under s. 322.08(2)(c)7. or 8.
  140         Section 3. For the purpose of incorporating the amendment
  141  made by this act to section 322.08, Florida Statutes, in
  142  references thereto, paragraph (d) of subsection (2) and
  143  paragraph (c) of subsection (4) of section 322.18, Florida
  144  Statutes, are reenacted to read:
  145         322.18 Original applications, licenses, and renewals;
  146  expiration of licenses; delinquent licenses.—
  147         (2) Each applicant who is entitled to the issuance of a
  148  driver’s license, as provided in this section, shall be issued a
  149  driver’s license, as follows:
  150         (d) Notwithstanding any other provision of this chapter, if
  151  an applicant establishes his or her identity for a driver’s
  152  license using a document authorized in s. 322.08(2)(c)7. or 8.,
  153  the driver’s license shall expire 1 year after the date of
  154  issuance or upon the expiration date cited on the United States
  155  Department of Homeland Security documents, whichever date first
  156  occurs.
  157         (4)
  158         (c) Notwithstanding any other provision of this chapter, if
  159  a licensee establishes his or her identity for a driver’s
  160  license using an identification document authorized under s.
  161  322.08(2)(c)7. or 8., the licensee may not renew the driver’s
  162  license except in person and upon submission of an
  163  identification document authorized under s. 322.08(2)(c)7. or 8.
  164  A driver’s license renewed under this paragraph expires 1 year
  165  after the date of issuance or upon the expiration date cited on
  166  the United States Department of Homeland Security documents,
  167  whichever date first occurs.
  168         Section 4. For the purpose of incorporating the amendment
  169  made by this act to section 322.08, Florida Statutes, in
  170  references thereto, subsection (4) of section 322.19, Florida
  171  Statutes, is reenacted to read:
  172         322.19 Change of address or name.—
  173         (4) Notwithstanding any other provision of this chapter, if
  174  a licensee established his or her identity for a driver’s
  175  license using an identification document authorized under s.
  176  322.08(2)(c)7. or 8., the licensee may not change his or her
  177  name or address except in person and upon submission of an
  178  identification document authorized under s. 322.08(2)(c)7. or 8.
  179         Section 5. This act shall take effect July 1, 2013.