Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7005, 2nd Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 6/F/2R          .                                
             05/01/2014 02:44 PM       .                                
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       Senator Soto moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 1263 - 1305
    4  and insert:
    5         Section 26. Paragraph (c) of subsection (2) of section
    6  322.08, Florida Statutes, is amended to read:
    7         322.08 Application for license; requirements for license
    8  and identification card forms.—
    9         (2) Each such application shall include the following
   10  information regarding the applicant:
   11         (c) Proof of identity satisfactory to the department. Such
   12  proof must include one of the following documents issued to the
   13  applicant:
   14         1. A driver license record or identification card record
   15  from another jurisdiction that required the applicant to submit
   16  a document for identification which is substantially similar to
   17  a document required under subparagraph 2., subparagraph 3.,
   18  subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
   19  7., or subparagraph 8.;
   20         2. A certified copy of a United States birth certificate;
   21         3. A valid, unexpired United States passport;
   22         4. A naturalization certificate issued by the United States
   23  Department of Homeland Security;
   24         5. A valid, unexpired alien registration receipt card
   25  (green card);
   26         6. A Consular Report of Birth Abroad provided by the United
   27  States Department of State;
   28         7. An unexpired employment authorization card issued by the
   29  United States Department of Homeland Security; or
   30         8. Proof of nonimmigrant classification provided by the
   31  United States Department of Homeland Security, for an original
   32  driver license. In order to prove nonimmigrant classification,
   33  an applicant must provide at least one of the following
   34  documents. In addition, the department may require applicants to
   35  produce United States Department of Homeland Security documents
   36  for the sole purpose of establishing the maintenance of, or
   37  efforts to maintain, continuous lawful presence:
   38         a. A notice of hearing from an immigration court scheduling
   39  a hearing on any proceeding.
   40         b. A notice from the Board of Immigration Appeals
   41  acknowledging pendency of an appeal.
   42         c. A notice of the approval of an application for
   43  adjustment of status issued by the United States Bureau of
   44  Citizenship and Immigration Services.
   45         d. An official documentation confirming the filing of a
   46  petition for asylum or refugee status or any other relief issued
   47  by the United States Bureau of Citizenship and Immigration
   48  Services.
   49         e. A notice of action transferring any pending matter from
   50  another jurisdiction to this state issued by the United States
   51  Bureau of Citizenship and Immigration Services.
   52         f. An order of an immigration judge or immigration officer
   53  granting relief that authorizes the alien to live and work in
   54  the United States, including, but not limited to, asylum.
   55         g. Evidence that an application is pending for adjustment
   56  of status to that of an alien lawfully admitted for permanent
   57  residence in the United States or conditional permanent resident
   58  status in the United States, if a visa number is available
   59  having a current priority date for processing by the United
   60  States Bureau of Citizenship and Immigration Services.
   61         h. On or after January 1, 2010, an unexpired foreign
   62  passport with an unexpired United States Visa affixed,
   63  accompanied by an approved I-94, documenting the most recent
   64  admittance into the United States.
   65         i. An employment authorization document issued by United
   66  States Citizenship and Immigration Services.
   67  
   68  A driver license or temporary permit issued based on documents
   69  required in subparagraph 7. or subparagraph 8. is valid for a
   70  period not to exceed the expiration date of the document
   71  presented or 1 year.
   72         Section 27. Subsection (3) of section 322.141, Florida
   73  Statutes, is amended to read:
   74         322.141 Color or markings of certain licenses or
   75  identification cards.—
   76         (3) All licenses for the operation of motor vehicles or
   77  identification cards originally issued or reissued by the
   78  department to persons who are designated as sexual predators
   79  under s. 775.21 or subject to registration as sexual offenders
   80  under s. 943.0435 or s. 944.607, or who have a similar
   81  designation or are subject to a similar registration under the
   82  laws of another jurisdiction, shall have on the front of the
   83  license or identification card the following:
   84         (a) For a person designated as a sexual predator under s.
   85  775.21 or who has a similar designation under the laws of
   86  another jurisdiction, the marking “SEXUAL PREDATOR.” “775.21,
   87  F.S.”
   88         (b) For a person subject to registration as a sexual
   89  offender under s. 943.0435 or s. 944.607, or subject to a
   90  similar registration under the laws of another jurisdiction, the
   91  marking “943.0435, F.S.”
   92         Section 28. Present subsection (9) of section 322.143,
   93  Florida Statutes, is renumbered as subsection (10), and a new
   94  subsection (9) is added to that section, to read:
   95         322.143 Use of a driver license or identification card.—
   96         (9) A first responder, emergency medical technician, or
   97  other authorized health care practitioner engaged in immediate
   98  emergency or other medical treatment may swipe an individual’s
   99  driver license or identification card to access medical
  100  information held by a third party when available and authorized
  101  through a previously arranged consent agreement.
  102         Section 29. Subsection (1) of section 322.15, Florida
  103  Statutes, is amended to read:
  104         322.15 License to be carried and exhibited on demand;
  105  fingerprint to be imprinted upon a citation.—
  106         (1) Every licensee shall have his or her driver driver’s
  107  license, which must be fully legible with no portion of such
  108  license faded, altered, mutilated, or defaced, in his or her
  109  immediate possession at all times when operating a motor vehicle
  110  and shall present or submit display the same upon the demand of
  111  a law enforcement officer or an authorized representative of the
  112  department. A licensee may present or submit a digital proof of
  113  driver license as provided in s. 322.032 in lieu of a physical
  114  driver license.
  115         Section 30. For the purpose of incorporating the amendment
  116  made by this act to section 322.08, Florida Statutes, in
  117  references thereto, subsection (3) of section 322.17, Florida
  118  Statutes, is reenacted to read:
  119         322.17 Replacement licenses and permits.—
  120         (3) Notwithstanding any other provisions of this chapter,
  121  if a licensee establishes his or her identity for a driver’s
  122  license using an identification document authorized under s.
  123  322.08(2)(c)7. or 8., the licensee may not obtain a duplicate or
  124  replacement instruction permit or driver’s license except in
  125  person and upon submission of an identification document
  126  authorized under s. 322.08(2)(c)7. or 8.
  127         Section 31. For the purpose of incorporating the amendment
  128  made by this act to section 322.08, Florida Statutes, in
  129  references thereto, paragraph (d) of subsection (2) and
  130  paragraph (c) of subsection (4) of section 322.18, Florida
  131  Statutes, are reenacted to read:
  132         322.18 Original applications, licenses, and renewals;
  133  expiration of licenses; delinquent licenses.—
  134         (2) Each applicant who is entitled to the issuance of a
  135  driver license, as provided in this section, shall be issued a
  136  driver license, as follows:
  137         (d) Notwithstanding any other provision of this chapter, if
  138  an applicant establishes his or her identity for a driver
  139  license using a document authorized in s. 322.08(2)(c)7. or 8.,
  140  the driver license shall expire 1 year after the date of
  141  issuance or upon the expiration date cited on the United States
  142  Department of Homeland Security documents, whichever date first
  143  occurs.
  144         (4)
  145         (c) Notwithstanding any other provision of this chapter, if
  146  a licensee establishes his or her identity for a driver license
  147  using an identification document authorized under s.
  148  322.08(2)(c)7. or 8., the licensee may not renew the driver
  149  license except in person and upon submission of an
  150  identification document authorized under s. 322.08(2)(c)7. or 8.
  151  A driver license renewed under this paragraph expires 1 year
  152  after the date of issuance or upon the expiration date cited on
  153  the United States Department of Homeland Security documents,
  154  whichever date first occurs.
  155         Section 32. For the purpose of incorporating the amendment
  156  made by this act to section 322.08, Florida Statutes, in
  157  references thereto, subsection (4) of section 322.19, Florida
  158  Statutes, is reenacted to read:
  159         322.19 Change of address or name.—
  160         (4) Notwithstanding any other provision of this chapter, if
  161  a licensee established his or her identity for a driver’s
  162  license using an identification document authorized under s.
  163  322.08(2)(c)7. or 8., the licensee may not change his or her
  164  name or address except in person and upon submission of an
  165  identification document authorized under s. 322.08(2)(c)7. or 8.
  166  
  167  ================= T I T L E  A M E N D M E N T ================
  168  And the title is amended as follows:
  169         Delete lines 131 - 144
  170  and insert:
  171         suspended; amending s. 322.08, F.S.; including an
  172         employment authorization document issued by United
  173         States Citizenship and Immigration Services as valid
  174         proof of identity for purposes of applying for a
  175         driver license; amending s. 322.141, F.S.; revising
  176         requirements for special markings on driver licenses
  177         and state identification cards for persons designated
  178         as sexual predators or subject to registration as
  179         sexual offenders to include persons so designated or
  180         subject to registration under the laws of another
  181         jurisdiction; amending s. 322.143, F.S.; providing for
  182         a first responder, emergency medical technician, or
  183         other authorized health care practitioner to access
  184         medical information through use of a person’s driver
  185         license or identification card under certain
  186         conditions; amending s. 322.15, F.S.; authorizing a
  187         digital proof of driver license to be accepted in lieu
  188         of a physical driver license; reenacting ss.
  189         322.17(3), 322.18(2)(d) and (4)(c), and 322.19(4),
  190         F.S., relating to conditions and limitations with
  191         respect to obtaining a duplicate or replacement
  192         instruction permit or driver license, expiration of
  193         and renewal of a driver license, and change of name or
  194         address on a driver license for licensees who
  195         establish their identity in a specified manner, to
  196         incorporate the amendment made by the act to s.
  197         322.08, F.S., in references thereto; amending s.
  198         322.27,