Florida Senate - 2014                                    SB 1346
       
       
        
       By Senator Evers
       
       
       
       
       
       2-01261-14                                            20141346__
    1                        A bill to be entitled                      
    2         An act relating to driver licenses and identification
    3         cards; providing legislative findings; providing
    4         legislative intent; amending s. 322.01, F.S.; defining
    5         the terms “Florida nonfederal identification” and
    6         “Florida federal identification”; amending s. 322.051,
    7         F.S.; revising the application requirements for an
    8         identification card to distinguish between a Florida
    9         federal identification card and a Florida nonfederal
   10         identification card; specifying the requirements for a
   11         Florida nonfederal identification card application;
   12         prohibiting the Department of Highway Safety and Motor
   13         Vehicles from obtaining biometric information from an
   14         applicant for a Florida nonfederal identification
   15         card; authorizing a Florida nonfederal identification
   16         card to be renewed online or in person; requiring
   17         Florida nonfederal identification to be accepted as
   18         proof of identification; prohibiting the use of
   19         certain types of photographs in Florida nonfederal
   20         identification; amending s. 322.08, F.S.; revising the
   21         application requirements for a driver license to
   22         distinguish between a Florida federal driver license
   23         and a Florida nonfederal driver license; specifying
   24         the requirements for a Florida nonfederal driver
   25         license application; amending ss. 322.14 and 322.142,
   26         F.S.; specifying that a Florida nonfederal driver
   27         license may only bear a color photograph and not a
   28         digital image; creating s. 322.1787, F.S.; authorizing
   29         the department to issue a Florida nonfederal driver
   30         license or identification card to certain persons;
   31         requiring certain markings on the Florida nonfederal
   32         identification; requiring certain security features
   33         for such Florida nonfederal identification;
   34         prohibiting a late fee for certain applicants;
   35         amending s. 322.21, F.S.; revising the fees for the
   36         issuance of a driver license or an identification card
   37         to distinguish between a Florida federal driver
   38         license or identification card and a Florida
   39         nonfederal driver license or identification card;
   40         prohibiting the department from charging an applicant
   41         for a Florida nonfederal driver license or
   42         identification card a delinquency fee under certain
   43         circumstances; providing an effective date.
   44  
   45         WHEREAS, the Legislature finds that the federal REAL ID Act
   46  of 2005 has created an undue hardship for many residents of this
   47  state due to the excessive documents that must be produced to
   48  obtain or renew a driver license or identification card, most
   49  notably, women who have changed their names due to marriage,
   50  divorce, or by being widowed, and
   51         WHEREAS, the cost to comply with the REAL ID Act as enacted
   52  in this state in 2008 is excessive, and
   53         WHEREAS, not all residents desire to obtain a federal
   54  identification card that must be used to access federal
   55  facilities, board federally regulated commercial aircraft, enter
   56  nuclear power plants, or for other purposes as determined by the
   57  Secretary of Homeland Security, as required by the REAL ID Act,
   58  and
   59         WHEREAS, Title II of the REAL ID Act of 2005 allows a state
   60  to “opt out” of creating a federal driver license or
   61  identification card by continuing to issue a regular driver
   62  license or identification card if it is marked appropriately,
   63  and
   64         WHEREAS, in 2013, the Legislature passed HB 7059, chapter
   65  2013-1, Laws of Florida, to give relief to foreign tourists from
   66  excessive driver license regulation and passed House Bill 235 to
   67  give relief to certain immigrants by a federal “Deferred Action”
   68  letter, and
   69         WHEREAS, in 2014, House Bill 53 proposes to assist
   70  convicted criminals in obtaining the documents needed to obtain
   71  a REAL ID, and
   72         WHEREAS, such relief has not benefited the residents of
   73  this state in the process of obtaining or renewing their
   74  licenses or identification cards, and these residents have not
   75  been afforded equal treatment before the law as required by s.
   76  2, Article I of the State Constitution, and
   77         WHEREAS, it is necessary and proper to give similar relief
   78  to the residents of this state, NOW, THEREFORE,
   79  
   80  Be It Enacted by the Legislature of the State of Florida:
   81  
   82         Section 1. Legislative Intent.—Notwithstanding any other
   83  law, it is the intent of the Legislature to fully comply with
   84  Title II of the federal REAL ID Act of 2005 but also to provide
   85  an option for residents to opt out of such requirements and, in
   86  doing so, minimize any cost or inconvenience to residents of
   87  this state who wish to obtain or renew a driver license or
   88  identification card.
   89         Section 2. Subsections (47) and (48) are added to section
   90  322.01, Florida Statutes, to read:
   91         322.01 Definitions.—As used in this chapter:
   92         (47) “Florida nonfederal identification” means an
   93  identification card or driver license issued by the department
   94  which is authorized by and conforms to Title II of the federal
   95  REAL ID Act of 2005, and which is not accepted by any federal
   96  agency as federal identification.
   97         (48) “Florida federal identification” means an
   98  identification card or driver license issued by the department
   99  which conforms to Title II of the federal REAL ID Act of 2005
  100  and that is accepted by any federal agency as federal
  101  identification.
  102         Section 3. Subsection (1), paragraph (a) of subsection (2),
  103  subsection (7), and paragraph (a) of subsection (8) of section
  104  322.051, Florida Statutes, are amended to read:
  105         322.051 Identification cards.—
  106         (1) A Any person who is 5 years of age or older, or any
  107  person who has a disability, regardless of age, who applies for
  108  a disabled parking permit under s. 320.0848, may be issued a
  109  Florida an identification card, which may be in the form of a
  110  Florida federal identification card or a Florida nonfederal
  111  identification card under s. 322.1787, by the department upon
  112  completion of an application and payment of an application fee.
  113         (a) For a Florida federal identification card, the
  114  application must include the following information regarding the
  115  applicant:
  116         1. Full name (first, middle or maiden, and last), gender,
  117  proof of social security card number satisfactory to the
  118  department, county of residence, mailing address, proof of
  119  residential address satisfactory to the department, country of
  120  birth, and a brief description.
  121         2. Proof of birth date satisfactory to the department.
  122         3. Proof of identity satisfactory to the department. Such
  123  proof must include one of the following documents issued to the
  124  applicant:
  125         a. A driver license record or identification card record
  126  from another jurisdiction that required the applicant to submit
  127  a document for identification which is substantially similar to
  128  a document required under sub-subparagraph b., sub-subparagraph
  129  c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
  130  f., sub-subparagraph g., or sub-subparagraph h.;
  131         b. A certified copy of a United States birth certificate.;
  132         c. A valid, unexpired United States passport.;
  133         d. A naturalization certificate issued by the United States
  134  Department of Homeland Security.;
  135         e. A valid, unexpired alien registration receipt card
  136  (green card).;
  137         f. A Consular Report of Birth Abroad provided by the United
  138  States Department of State.;
  139         g. An unexpired employment authorization card issued by the
  140  United States Department of Homeland Security.; or
  141         h. Proof of nonimmigrant classification provided by the
  142  United States Department of Homeland Security, for an original
  143  identification card. In order to prove nonimmigrant
  144  classification, an applicant must provide at least one of the
  145  following documents. In addition, the department may require
  146  applicants to produce United States Department of Homeland
  147  Security documents for the sole purpose of establishing the
  148  maintenance of, or efforts to maintain, continuous lawful
  149  presence:
  150         (I) A notice of hearing from an immigration court
  151  scheduling a hearing on any proceeding.
  152         (II) A notice from the Board of Immigration Appeals
  153  acknowledging pendency of an appeal.
  154         (III) A notice of the approval of an application for
  155  adjustment of status issued by the United States Bureau of
  156  Citizenship and Immigration Services.
  157         (IV) An official documentation confirming the filing of a
  158  petition for asylum or refugee status or any other relief issued
  159  by the United States Bureau of Citizenship and Immigration
  160  Services.
  161         (V) A notice of action transferring any pending matter from
  162  another jurisdiction to Florida, issued by the United States
  163  Bureau of Citizenship and Immigration Services.
  164         (VI) An order of an immigration judge or immigration
  165  officer granting relief that authorizes the alien to live and
  166  work in the United States, including, but not limited to,
  167  asylum.
  168         (VII) Evidence that an application is pending for
  169  adjustment of status to that of an alien lawfully admitted for
  170  permanent residence in the United States or conditional
  171  permanent resident status in the United States, if a visa number
  172  is available having a current priority date for processing by
  173  the United States Bureau of Citizenship and Immigration
  174  Services.
  175         (VIII) On or after January 1, 2010, an unexpired foreign
  176  passport with an unexpired United States Visa affixed,
  177  accompanied by an approved I-94, documenting the most recent
  178  admittance into the United States.
  179  
  180  An identification card issued based on documents required in
  181  sub-subparagraph g. or sub-subparagraph h. is valid for a period
  182  not to exceed the expiration date of the document presented or 1
  183  year, whichever occurs first.
  184         (b) For a Florida nonfederal identification card, an
  185  original application must include the following information
  186  regarding the applicant:
  187         1. Full name (first, middle or maiden, and last), gender,
  188  proof of social security card number satisfactory to the
  189  department, county of residence, mailing address, country of
  190  birth, and a brief description. A document produced by the
  191  applicant to satisfy this information may not be copied or
  192  retained by the department.
  193         2. Proof of birth date satisfactory to the department.
  194         3. Proof of identity satisfactory to the department. Such
  195  proof must include one of the following documents issued to the
  196  applicant:
  197         a. A driver license record or identification card record
  198  from another jurisdiction that required the applicant to submit
  199  a document for identification which is substantially similar to
  200  a document required under sub-subparagraph b., sub-subparagraph
  201  c., or sub-subparagraph d.
  202         b. A certified copy of a United States birth certificate.
  203         c. A valid, unexpired United States passport.
  204         d. A naturalization certificate issued by the United States
  205  Department of Homeland Security.
  206         (c)(b) An application for an identification card must be
  207  signed and verified by the applicant in a format designated by
  208  the department before a person authorized to administer oaths
  209  and payment of the applicable fee pursuant to s. 322.21.
  210         (d)(c) Each such applicant may include fingerprints and any
  211  other unique biometric means of identity, unless the applicant
  212  is applying for a Florida nonfederal identification card. If an
  213  applicant is applying for a Florida nonfederal identification
  214  card, no biometric information may be obtained.
  215         (2)(a) Every identification card:
  216         1. Issued to a person 5 years of age to 14 years of age
  217  shall expire, unless canceled earlier, on the fourth birthday of
  218  the applicant following the date of original issue.
  219         2. Issued to a person 15 years of age and older shall
  220  expire, unless canceled earlier, on the eighth birthday of the
  221  applicant following the date of original issue.
  222  
  223  Renewal of an identification card shall be made for the
  224  applicable term enumerated in this paragraph. Any application
  225  for renewal received later than 90 days after expiration of the
  226  identification card shall be considered the same as an
  227  application for an original identification card. A Florida
  228  nonfederal identification card may be renewed online or in
  229  person if necessary to identify the cardholder’s photograph.
  230         (7) A Any person accepting the Florida driver driver’s
  231  license as proof of identification must accept a Florida
  232  identification card or Florida nonfederal identification card as
  233  proof of identification when the bearer of the identification
  234  card does not also have a driver driver’s license.
  235         (8)(a) The department shall, upon receipt of the required
  236  fee, issue to each qualified applicant for a Florida nonfederal
  237  an identification card a color photographic identification card
  238  bearing a fullface photograph or for a Florida federal
  239  identification card a color photographic or digital image
  240  identification card bearing a fullface photograph or digital
  241  image of the identification cardholder. For a Florida nonfederal
  242  identification card, a photograph capable of being used for
  243  automated facial recognition purposes may not be obtained.
  244  Notwithstanding chapter 761 or s. 761.05, the requirement for a
  245  fullface photograph or digital image of the identification
  246  cardholder may not be waived. A space shall be provided upon
  247  which the identification cardholder shall affix his or her usual
  248  signature, as required in s. 322.14, in the presence of an
  249  authorized agent of the department so as to ensure that such
  250  signature becomes a part of the identification card.
  251         Section 4. Present subsections (3) through (8) of section
  252  322.08, Florida Statues, are renumbered as subsections (4)
  253  through (9), respectively, subsection (2) is amended, and a new
  254  subsection (3) is added to that section, to read:
  255         322.08 Application for license; requirements for license
  256  and identification card forms.—
  257         (2) Each such application for a Florida federal driver
  258  license shall include the following information regarding the
  259  applicant:
  260         (a) Full name (first, middle or maiden, and last), gender,
  261  proof of social security card number satisfactory to the
  262  department, county of residence, mailing address, proof of
  263  residential address satisfactory to the department, country of
  264  birth, and a brief description.
  265         (b) Proof of birth date satisfactory to the department.
  266         (c) Proof of identity satisfactory to the department. Such
  267  proof must include one of the following documents issued to the
  268  applicant:
  269         1. A driver license record or identification card record
  270  from another jurisdiction that required the applicant to submit
  271  a document for identification which is substantially similar to
  272  a document required under subparagraph 2., subparagraph 3.,
  273  subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
  274  7., or subparagraph 8.;
  275         2. A certified copy of a United States birth certificate;
  276         3. A valid, unexpired United States passport;
  277         4. A naturalization certificate issued by the United States
  278  Department of Homeland Security;
  279         5. A valid, unexpired alien registration receipt card
  280  (green card);
  281         6. A Consular Report of Birth Abroad provided by the United
  282  States Department of State;
  283         7. An unexpired employment authorization card issued by the
  284  United States Department of Homeland Security; or
  285         8. Proof of nonimmigrant classification provided by the
  286  United States Department of Homeland Security, for an original
  287  driver license. In order to prove nonimmigrant classification,
  288  an applicant must provide at least one of the following
  289  documents. In addition, the department may require applicants to
  290  produce United States Department of Homeland Security documents
  291  for the sole purpose of establishing the maintenance of, or
  292  efforts to maintain, continuous lawful presence:
  293         a. A notice of hearing from an immigration court scheduling
  294  a hearing on any proceeding.
  295         b. A notice from the Board of Immigration Appeals
  296  acknowledging pendency of an appeal.
  297         c. A notice of the approval of an application for
  298  adjustment of status issued by the United States Bureau of
  299  Citizenship and Immigration Services.
  300         d. An official documentation confirming the filing of a
  301  petition for asylum or refugee status or any other relief issued
  302  by the United States Bureau of Citizenship and Immigration
  303  Services.
  304         e. A notice of action transferring any pending matter from
  305  another jurisdiction to this state issued by the United States
  306  Bureau of Citizenship and Immigration Services.
  307         f. An order of an immigration judge or immigration officer
  308  granting relief that authorizes the alien to live and work in
  309  the United States, including, but not limited to, asylum.
  310         g. Evidence that an application is pending for adjustment
  311  of status to that of an alien lawfully admitted for permanent
  312  residence in the United States or conditional permanent resident
  313  status in the United States, if a visa number is available
  314  having a current priority date for processing by the United
  315  States Bureau of Citizenship and Immigration Services.
  316         h. On or after January 1, 2010, an unexpired foreign
  317  passport with an unexpired United States Visa affixed,
  318  accompanied by an approved I-94, documenting the most recent
  319  admittance into the United States.
  320  
  321  A driver license or temporary permit issued based on documents
  322  required in subparagraph 7. or subparagraph 8. is valid for a
  323  period not to exceed the expiration date of the document
  324  presented or 1 year.
  325         (d) Whether the applicant has previously been licensed to
  326  drive, and, if so, when and by what state, and whether any such
  327  license or driving privilege has ever been disqualified,
  328  revoked, or suspended, or whether an application has ever been
  329  refused, and, if so, the date of and reason for such
  330  disqualification, suspension, revocation, or refusal.
  331         (e) Each such application may include fingerprints and
  332  other unique biometric means of identity.
  333         (3) Each such application for a Florida nonfederal driver
  334  license shall include the following information regarding the
  335  applicant:
  336         (a) Full name (first, middle or maiden, and last), gender,
  337  proof of social security card number satisfactory to the
  338  department, county of residence, mailing address, proof of
  339  residential address satisfactory to the department, country of
  340  birth, and a brief description. A document produced by the
  341  applicant to satisfy this information may not be copied or
  342  retained by the department.
  343         (b) Proof of birth date satisfactory to the department.
  344         (c) Proof of identity satisfactory to the department. Such
  345  proof must include one of the following documents issued to the
  346  applicant:
  347         1. A driver license record or identification card record
  348  from another jurisdiction that required the applicant to submit
  349  a document for identification which is substantially similar to
  350  a document required under subparagraph 2., subparagraph 3., or
  351  subparagraph 4. A Florida nonfederal driver license may not be
  352  issued to a person who is not a United States citizen.
  353         2. A certified copy of a United States birth certificate.
  354         3. A valid, unexpired United States passport.
  355         4. A naturalization certificate issued by the United States
  356  Department of Homeland Security.
  357         (d) Whether the applicant has previously been licensed to
  358  drive, and, if so, when and by what state, and whether any such
  359  license or driving privilege has ever been disqualified,
  360  revoked, or suspended, or whether an application has ever been
  361  refused, and, if so, the date of and reason for such
  362  disqualification, suspension, revocation, or refusal.
  363         Section 5. Paragraph (a) of subsection (1) of section
  364  322.14, Florida Statutes, is amended to read:
  365         322.14 Licenses issued to drivers.—
  366         (1)(a) The department shall, upon successful completion of
  367  all required examinations and payment of the required fee, issue
  368  to every qualified applicant for a Florida nonfederal driver
  369  license a license that must bear a color photograph of the
  370  licensee, or for a Florida federal driver license, a license
  371  that must bear a color photograph or digital image of the
  372  licensee; the name of the state; a distinguishing number
  373  assigned to the licensee; and the licensee’s full name, date of
  374  birth, and residence address; a brief description of the
  375  licensee, including, but not limited to, the licensee’s gender
  376  and height; and the dates of issuance and expiration of the
  377  license. A space shall be provided upon which the licensee shall
  378  affix his or her usual signature. A license is invalid until it
  379  has been signed by the licensee except that the signature of the
  380  licensee is not required if it appears thereon in facsimile or
  381  if the licensee is not present within the state at the time of
  382  issuance.
  383         Section 6. Subsections (1) and (4) of section 322.142,
  384  Florida Statutes, are amended to read:
  385         322.142 Color photographic or digital imaged licenses.—
  386         (1) The department shall, upon receipt of the required fee,
  387  issue to each qualified applicant for a Florida nonfederal
  388  driver license a color photographic driver license bearing a
  389  fullface photograph or, for a Florida federal driver license, a
  390  color photographic or digital imaged driver license bearing a
  391  fullface photograph or digital image of the licensee. A Florida
  392  nonfederal driver license may not use a photograph capable of
  393  being used for automated facial recognition purposes.
  394  Notwithstanding chapter 761 or s. 761.05, the requirement for a
  395  fullface photograph or digital image of the licensee may not be
  396  waived. A space shall be provided upon which the licensee shall
  397  affix his or her usual signature, as required in s. 322.14, in
  398  the presence of an authorized agent of the department so as to
  399  ensure that such signature becomes a part of the license.
  400         (4) The department may maintain a film negative or print
  401  file. The department shall maintain a record of the digital
  402  image and signature of the licensees, together with other data
  403  required by the department for identification and retrieval,
  404  except as prohibited under s. 322.1787. Reproductions from the
  405  file or digital record are exempt from the provisions of s.
  406  119.07(1) and shall be made and issued only:
  407         (a) For departmental administrative purposes;
  408         (b) For the issuance of duplicate licenses;
  409         (c) In response to law enforcement agency requests;
  410         (d) To the Department of Business and Professional
  411  Regulation pursuant to an interagency agreement for the purpose
  412  of accessing digital images for reproduction of licenses issued
  413  by the Department of Business and Professional Regulation;
  414         (e) To the Department of State pursuant to an interagency
  415  agreement to facilitate determinations of eligibility of voter
  416  registration applicants and registered voters in accordance with
  417  ss. 98.045 and 98.075;
  418         (f) To the Department of Revenue pursuant to an interagency
  419  agreement for use in establishing paternity and establishing,
  420  modifying, or enforcing support obligations in Title IV-D cases;
  421         (g) To the Department of Children and Families pursuant to
  422  an interagency agreement to conduct protective investigations
  423  under part III of chapter 39 and chapter 415;
  424         (h) To the Department of Children and Families pursuant to
  425  an interagency agreement specifying the number of employees in
  426  each of that department’s regions to be granted access to the
  427  records for use as verification of identity to expedite the
  428  determination of eligibility for public assistance and for use
  429  in public assistance fraud investigations;
  430         (i) To the Department of Financial Services pursuant to an
  431  interagency agreement to facilitate the location of owners of
  432  unclaimed property, the validation of unclaimed property claims,
  433  and the identification of fraudulent or false claims;
  434         (j) To district medical examiners pursuant to an
  435  interagency agreement for the purpose of identifying a deceased
  436  individual, determining cause of death, and notifying next of
  437  kin of any investigations, including autopsies and other
  438  laboratory examinations, authorized in s. 406.11; or
  439         (k) To the following persons for the purpose of identifying
  440  a person as part of the official work of a court:
  441         1. A justice or judge of this state;
  442         2. An employee of the state courts system who works in a
  443  position that is designated in writing for access by the Chief
  444  Justice of the Supreme Court or a chief judge of a district or
  445  circuit court, or by his or her designee; or
  446         3. A government employee who performs functions on behalf
  447  of the state courts system in a position that is designated in
  448  writing for access by the Chief Justice or a chief judge, or by
  449  his or her designee.
  450         Section 7. Section 322.1787, Florida Statutes, is created
  451  to read:
  452         322.1787 Florida nonfederal identification.—
  453         (1) Notwithstanding any other law, under Title II of the
  454  federal REAL ID Act, the department shall issue a Florida
  455  nonfederal driver license or identification card to residents of
  456  this state who do not wish to obtain Florida federal
  457  identification and who do not wish to access federal facilities,
  458  board federally regulated commercial aircraft, enter nuclear
  459  power plants, or for other purposes determined by the Secretary
  460  of Homeland Security.
  461         (a) Florida nonfederal driver license or identification
  462  cards must be prominently marked “May not be accepted by any
  463  federal agency as identification.
  464         (b) The Tenth Amendment to the Constitution of the United
  465  States shall be prominently printed on the back of each Florida
  466  nonfederal identification as an additional security feature, to
  467  read:
  468         The powers not delegated to the United States by the
  469         Constitution, nor prohibited by it to the States, are
  470         reserved to the States respectively, or to the
  471         people.
  472         (c) Florida nonfederal identification may not contain a
  473  noncontact electronic authentication, a radio frequency
  474  identification, a microchip, or a digital facial capture. A
  475  proprietary color photograph that cannot be used for facial
  476  recognition purposes must be used.
  477         (2) A resident of this state who holds a driver license or
  478  identification card issued after January 1, 2010, may choose to
  479  change his or her licensure or cardholder status from “Florida
  480  federal” to “Florida nonfederal” for the cost of a replacement
  481  license or identification card. If the resident elects Florida
  482  nonfederal status, the department shall securely destroy any
  483  documents and digital facial captures that were obtained from
  484  the resident and issue Florida nonfederal identification as
  485  described in this section.
  486         (3) A Florida nonfederal identification is valid for 8
  487  years.
  488         (4) A resident of this state who was unable to or refused
  489  to renew his or her driver license or identification card after
  490  January 1, 2010, due to the federal REAL ID Act, may not be
  491  assessed a late fee.
  492         (5) This section does not apply to non-United States
  493  citizens.
  494         Section 8. Paragraphs (a) through (f) of subsection (1) of
  495  section 322.21, Florida Statutes, are amended, and subsection
  496  (10) is added to that section, to read:
  497         322.21 License fees; procedure for handling and collecting
  498  fees.—
  499         (1) Except as otherwise provided herein, the fee for:
  500         (a) An original or renewal commercial Florida federal
  501  driver license is $75 and an original or renewal commercial
  502  Florida nonfederal driver license is $25, which shall include
  503  the fee for driver education provided by s. 1003.48. However, if
  504  an applicant has completed training and is applying for
  505  employment or is currently employed in a public or nonpublic
  506  school system that requires the commercial license, the fee is
  507  the same as for a Class E driver license. A delinquent fee of
  508  $15 shall be added for a renewal within 12 months after the
  509  license expiration date.
  510         (b) An original Florida federal Class E driver license is
  511  $48 and an original Florida nonfederal Class E driver license is
  512  $25, which includes the fee for driver education provided by s.
  513  1003.48. However, if an applicant has completed training and is
  514  applying for employment or is currently employed in a public or
  515  nonpublic school system that requires a commercial driver
  516  license, the fee is the same as for a Class E license.
  517         (c) The renewal or extension of a Florida federal Class E
  518  driver license or of a license restricted to motorcycle use only
  519  is $48 and the renewal or extension of a Florida nonfederal
  520  Class E driver license or of a license restricted to motorcycle
  521  use only is $25, except that a delinquent fee of $15 shall be
  522  added for a renewal or extension made within 12 months after the
  523  license expiration date. The fee provided in this paragraph
  524  includes the fee for driver education provided by s. 1003.48.
  525         (d) An original Florida federal driver license restricted
  526  to motorcycle use only is $48 and an original Florida nonfederal
  527  driver license restricted to motorcycle use only is $25, which
  528  includes the fee for driver education provided by s. 1003.48.
  529         (e) A replacement driver license issued pursuant to s.
  530  322.17 and s. 322.1787 is $25. Of this amount $7 shall be
  531  deposited into the Highway Safety Operating Trust Fund and $18
  532  shall be deposited into the General Revenue Fund. Beginning July
  533  1, 2015, or upon completion of the transition of driver license
  534  issuance services, if the replacement driver license is issued
  535  by the tax collector, the tax collector shall retain the $7 that
  536  would otherwise be deposited into the Highway Safety Operating
  537  Trust Fund and the remaining revenues shall be deposited into
  538  the General Revenue Fund.
  539         (f) An original, renewal, or replacement identification
  540  card issued pursuant to s. 322.051 or s. 322.1787 is $25. Funds
  541  collected from these fees shall be distributed as follows:
  542         1. For an original identification card issued pursuant to
  543  s. 322.051 or s. 322.1787 the fee is $25. This amount shall be
  544  deposited into the General Revenue Fund.
  545         2. For a renewal identification card issued pursuant to s.
  546  322.051 or s. 322.1787 the fee is $25. Of this amount, $6 shall
  547  be deposited into the Highway Safety Operating Trust Fund and
  548  $19 shall be deposited into the General Revenue Fund.
  549         3. For a replacement identification card issued pursuant to
  550  s. 322.051 or s. 322.1787 the fee is $25. Of this amount, $9
  551  shall be deposited into the Highway Safety Operating Trust Fund
  552  and $16 shall be deposited into the General Revenue Fund.
  553  Beginning July 1, 2015, or upon completion of the transition of
  554  the driver license issuance services, if the replacement
  555  identification card is issued by the tax collector, the tax
  556  collector shall retain the $9 that would otherwise be deposited
  557  into the Highway Safety Operating Trust Fund and the remaining
  558  revenues shall be deposited into the General Revenue Fund.
  559         (10) An applicant who holds an expired driver license or
  560  identification card and who presents an affidavit showing that
  561  he or she was unable or unwilling to comply with the federal
  562  REAL ID Act is exempt from paying a delinquent fee charged as a
  563  result of not applying for a new Florida federal driver license
  564  or identification card.
  565         Section 9. This act shall take effect upon becoming a law.