Florida Senate - 2015                                     SB 300
       By Senator Garcia
       38-00431-15                                            2015300__
    1                        A bill to be entitled                      
    2         An act relating to driver licenses and identification
    3         cards; amending s. 322.08, F.S.; requiring proof of a
    4         taxpayer identification number or other specified
    5         identification number for certain applicants for a
    6         driver license; authorizing additional specified
    7         documents that are issued by foreign governments to
    8         satisfy proof of identity requirements; amending s.
    9         322.12, F.S.; prohibiting the Department of Highway
   10         Safety and Motor Vehicles to waive certain tests for
   11         applicants who provide specified proof of identity
   12         documents; amending s. 322.14, F.S.; requiring the
   13         department to mark licenses to indicate compliance
   14         with the REAL ID Act of 2005 under specified
   15         circumstances; providing an effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Subsection (2) of section 322.08, Florida
   20  Statutes, is amended to read:
   21         322.08 Application for license; requirements for license
   22  and identification card forms.—
   23         (2) Each such application shall include the following
   24  information regarding the applicant:
   25         (a) Full name (first, middle or maiden, and last), gender,
   26  proof of social security card number satisfactory to the
   27  department, county of residence, mailing address, proof of
   28  residential address satisfactory to the department, country of
   29  birth, and a brief description. An applicant who is ineligible
   30  for a social security number must provide proof of a taxpayer
   31  identification number or proof of a number associated with the
   32  document establishing identity under paragraph (c).
   33         (b) Proof of birth date satisfactory to the department.
   34         (c) Proof of identity satisfactory to the department. Such
   35  proof must include one of the following documents issued to the
   36  applicant:
   37         1. A driver license record or identification card record
   38  from another jurisdiction that required the applicant to submit
   39  a document for identification which is substantially similar to
   40  a document required under subparagraph 2., subparagraph 3.,
   41  subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
   42  7., or subparagraph 8.;
   43         2. A certified copy of a United States birth certificate.;
   44         3. A valid, unexpired United States passport.;
   45         4. A naturalization certificate issued by the United States
   46  Department of Homeland Security.;
   47         5. A valid, unexpired alien registration receipt card
   48  (green card).;
   49         6. A Consular Report of Birth Abroad provided by the United
   50  States Department of State.;
   51         7. An unexpired employment authorization card issued by the
   52  United States Department of Homeland Security.; or
   53         8. Proof of nonimmigrant classification provided by the
   54  United States Department of Homeland Security, for an original
   55  driver license. In order to prove nonimmigrant classification,
   56  an applicant must provide at least one of the following
   57  documents. In addition, the department may require applicants to
   58  produce United States Department of Homeland Security documents
   59  for the sole purpose of establishing the maintenance of, or
   60  efforts to maintain, continuous lawful presence:
   61         a. A notice of hearing from an immigration court scheduling
   62  a hearing on any proceeding.
   63         b. A notice from the Board of Immigration Appeals
   64  acknowledging pendency of an appeal.
   65         c. A notice of the approval of an application for
   66  adjustment of status issued by the United States Bureau of
   67  Citizenship and Immigration Services.
   68         d. An official documentation confirming the filing of a
   69  petition for asylum or refugee status or any other relief issued
   70  by the United States Bureau of Citizenship and Immigration
   71  Services.
   72         e. A notice of action transferring any pending matter from
   73  another jurisdiction to this state issued by the United States
   74  Bureau of Citizenship and Immigration Services.
   75         f. An order of an immigration judge or immigration officer
   76  granting relief which that authorizes the alien to live and work
   77  in the United States, including, but not limited to, asylum.
   78         g. Evidence that an application is pending for adjustment
   79  of status to that of an alien lawfully admitted for permanent
   80  residence in the United States or conditional permanent resident
   81  status in the United States, if a visa number is available
   82  having a current priority date for processing by the United
   83  States Bureau of Citizenship and Immigration Services.
   84         h. On or after January 1, 2010, an unexpired foreign
   85  passport with an unexpired United States Visa affixed,
   86  accompanied by an approved I-94, documenting the most recent
   87  admittance into the United States.
   88         9. A passport issued by a foreign government.
   89         10. A birth certificate issued by a foreign government.
   90         11. A consular identification document issued by the
   91  government of Mexico, or a document issued by another government
   92  which the department determines is substantially similar.
   94  A driver license or temporary permit issued based on documents
   95  required in subparagraph 7., or subparagraph 8., subparagraph
   96  9., subparagraph 10., or subparagraph 11. is valid for a period
   97  not to exceed the expiration date of the document presented or 1
   98  year.
   99         (d)In addition to the documents required under
  100  subparagraph (c)8., the department may require applicants to
  101  produce United States Department of Homeland Security documents
  102  for the sole purpose of establishing the maintenance of, or
  103  efforts to maintain, continuous lawful presence.
  104         (e)(d) Whether the applicant has previously been licensed
  105  to drive, and, if so, when and by what state, and whether any
  106  such license or driving privilege has ever been disqualified,
  107  revoked, or suspended, or whether an application has ever been
  108  refused, and, if so, the date of and reason for such
  109  disqualification, suspension, revocation, or refusal.
  110         (f)(e) Each such application may include fingerprints and
  111  other unique biometric means of identity.
  112         Section 2. Subsection (1) of section 322.12, Florida
  113  Statutes, is amended to read:
  114         322.12 Examination of applicants.—
  115         (1) It is the intent of the Legislature that every
  116  applicant for an original driver license in this state be
  117  required to pass an examination pursuant to this section.
  118  However, the department may waive the knowledge, endorsement,
  119  and skills tests for an applicant who is otherwise qualified,
  120  except for an applicant who provides proof of identity under s.
  121  322.08(2)(c)9., s. 322.08(2)(c)10., or s. 322.08(2)(c)11., and
  122  who surrenders a valid driver license from another state or a
  123  province of Canada, or a valid driver license issued by the
  124  United States Armed Forces, if the driver applies for a Florida
  125  license of an equal or lesser classification. Any applicant who
  126  fails to pass the initial knowledge test incurs a $10 fee for
  127  each subsequent test, to be deposited into the Highway Safety
  128  Operating Trust Fund. Any applicant who fails to pass the
  129  initial skills test incurs a $20 fee for each subsequent test,
  130  to be deposited into the Highway Safety Operating Trust Fund. A
  131  person who seeks to retain a hazardous-materials endorsement,
  132  pursuant to s. 322.57(1)(e), must pass the hazardous-materials
  133  test, upon surrendering his or her commercial driver license, if
  134  the person has not taken and passed the hazardous-materials test
  135  within 2 years before applying for a commercial driver license
  136  in this state.
  137         Section 3. Subsection (3) is added to section 322.14,
  138  Florida Statutes, to read:
  139         322.14 Licenses issued to drivers.—
  140         (3) If the United States Department of Homeland Security
  141  notifies the department of a final deadline by which this state
  142  must fully comply with the REAL ID Act of 2005, Pub. L. No. 109
  143  13, ss. 201-202, and determines that the state is otherwise in
  144  full compliance with the act, the department shall mark all
  145  licenses issued after the date of full compliance to indicate
  146  compliance with the act.
  147         Section 4. This act shall take effect July 1, 2015.