Florida Senate - 2016                                    SB 1546
       By Senator Garcia
       38-00327-16                                           20161546__
    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 from waiving certain tests
   11         for applicants who provide proof of identity using
   12         specified foreign documents; amending s. 322.14, F.S.;
   13         requiring the department to mark licenses to indicate
   14         compliance with the REAL ID Act of 2005 under
   15         specified 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, which may include a military identification card,
   28  county of residence, mailing address, proof of residential
   29  address satisfactory to the department, country of birth, and a
   30  brief description. An applicant who is ineligible for a social
   31  security card must provide proof of a taxpayer identification
   32  number or proof of a number associated with the document
   33  establishing identity under paragraph (c).
   34         (b) Proof of birth date satisfactory to the department.
   35         (c) Proof of identity satisfactory to the department. Such
   36  proof must include one of the following documents issued to the
   37  applicant:
   38         1. A driver license record or identification card record
   39  from another jurisdiction that required the applicant to submit
   40  a document for identification which is substantially similar to
   41  a document required under subparagraph 2., subparagraph 3.,
   42  subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
   43  7., or subparagraph 8.;
   44         2. A certified copy of a United States birth certificate.;
   45         3. A valid, unexpired United States passport.;
   46         4. A naturalization certificate issued by the United States
   47  Department of Homeland Security.;
   48         5. A valid, unexpired alien registration receipt card
   49  (green card).;
   50         6. A Consular Report of Birth Abroad provided by the United
   51  States Department of State.;
   52         7. An unexpired employment authorization card issued by the
   53  United States Department of Homeland Security.; or
   54         8. Proof of nonimmigrant classification provided by the
   55  United States Department of Homeland Security, for an original
   56  driver license. In order to prove nonimmigrant classification,
   57  an applicant must provide at least one of the following
   58  documents. In addition, the department may require applicants to
   59  produce United States Department of Homeland Security documents
   60  for the sole purpose of establishing the maintenance of, or
   61  efforts to maintain, continuous lawful presence:
   62         a. A notice of hearing from an immigration court scheduling
   63  a hearing on any proceeding.
   64         b. A notice from the Board of Immigration Appeals
   65  acknowledging pendency of an appeal.
   66         c. A notice of the approval of an application for
   67  adjustment of status issued by the United States Citizenship and
   68  Immigration Services.
   69         d. An official documentation confirming the filing of a
   70  petition for asylum or refugee status or any other relief issued
   71  by the United States Citizenship and Immigration Services.
   72         e. A notice of action transferring any pending matter from
   73  another jurisdiction to this state issued by the United States
   74  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 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 ss. 201 and 202 of the REAL ID Act of
  143  2005, Pub. L. No. 109-13, and determines that the state is
  144  otherwise in full compliance with the act, the department shall
  145  mark all licenses issued after the date of full compliance to
  146  indicate compliance with the act.
  147         Section 4. This act shall take effect July 1, 2016.