Florida Senate - 2023 SB 874
By Senator Torres
25-01183-23 2023874__
1 A bill to be entitled
2 An act relating to driver license and identification
3 card gender designation; amending ss. 322.051 and
4 322.08, F.S.; requiring an application for an
5 identification card or a driver license to provide for
6 male, female, or nonbinary gender designation;
7 amending ss. 98.093, 320.05, 322.091, 322.14, and
8 322.17, F.S.; conforming provisions to changes made by
9 the act; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (a) of subsection (1) of section
14 322.051, Florida Statutes, is amended to read:
15 322.051 Identification cards.—
16 (1) Any person who is 5 years of age or older, or any
17 person who has a disability, regardless of age, who applies for
18 a disabled parking permit under s. 320.0848, may be issued an
19 identification card by the department upon completion of an
20 application and payment of an application fee.
21 (a) The application must include all of the following
22 information regarding the applicant:
23 1.a. Full name, which must include the applicant’s (first,
24 middle or maiden, and last names.),
25 b. Gender designation, which must provide for male, female,
26 or nonbinary designation.
27 c. Proof of social security card number satisfactory to the
28 department, which may include a military identification card.,
29 d. County of residence.,
30 e. Mailing address.,
31 f. Proof of residential address satisfactory to the
32 department.,
33 g. Country of birth., and
34 h. A brief description.
35 2. Proof of birth date satisfactory to the department.
36 3. Proof of identity satisfactory to the department. Such
37 proof must include one of the following documents issued to the
38 applicant:
39 a. A driver license record or identification card record
40 from another jurisdiction that required the applicant to submit
41 a document for identification which is substantially similar to
42 a document required under sub-subparagraph b., sub-subparagraph
43 c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
44 f., sub-subparagraph g., or sub-subparagraph h.;
45 b. A certified copy of a United States birth certificate;
46 c. A valid, unexpired United States passport;
47 d. A naturalization certificate issued by the United States
48 Department of Homeland Security;
49 e. A valid, unexpired alien registration receipt card
50 (green card);
51 f. A Consular Report of Birth Abroad provided by the United
52 States Department of State;
53 g. An unexpired employment authorization card issued by the
54 United States Department of Homeland Security; or
55 h. Proof of nonimmigrant classification provided by the
56 United States Department of Homeland Security, for an original
57 identification card. In order to prove nonimmigrant
58 classification, an applicant must provide at least one of the
59 following documents. In addition, the department may require
60 applicants to produce United States Department of Homeland
61 Security documents for the sole purpose of establishing the
62 maintenance of, or efforts to maintain, continuous lawful
63 presence:
64 (I) A notice of hearing from an immigration court
65 scheduling a hearing on any proceeding.
66 (II) A notice from the Board of Immigration Appeals
67 acknowledging pendency of an appeal.
68 (III) A notice of the approval of an application for
69 adjustment of status issued by the United States Citizenship and
70 Immigration Services.
71 (IV) An official documentation confirming the filing of a
72 petition for asylum or refugee status or any other relief issued
73 by the United States Citizenship and Immigration Services.
74 (V) A notice of action transferring any pending matter from
75 another jurisdiction to Florida, issued by the United States
76 Citizenship and Immigration Services.
77 (VI) An order of an immigration judge or immigration
78 officer granting relief that authorizes the alien to live and
79 work in the United States, including, but not limited to,
80 asylum.
81 (VII) Evidence that an application is pending for
82 adjustment of status to that of an alien lawfully admitted for
83 permanent residence in the United States or conditional
84 permanent resident status in the United States, if a visa number
85 is available having a current priority date for processing by
86 the United States Citizenship and Immigration Services.
87 (VIII) On or after January 1, 2010, an unexpired foreign
88 passport with an unexpired United States Visa affixed,
89 accompanied by an approved I-94, documenting the most recent
90 admittance into the United States.
91
92 An identification card issued based on documents required in
93 sub-subparagraph g. or sub-subparagraph h. is valid for a period
94 not to exceed the expiration date of the document presented or 1
95 year, whichever occurs first.
96 Section 2. Paragraph (a) of subsection (2) of section
97 322.08, Florida Statutes, is amended to read:
98 322.08 Application for license; requirements for license
99 and identification card forms.—
100 (2) Each such application shall include all of the
101 following information regarding the applicant:
102 (a)1. Full name, which must include the applicant’s (first,
103 middle or maiden, and last names.),
104 2. Gender designation, which must provide for male, female,
105 or nonbinary designation.
106 3. Proof of social security card number satisfactory to the
107 department, which may include a military identification card.,
108 4. County of residence.,
109 5. Mailing address.,
110 6. Proof of residential address satisfactory to the
111 department.,
112 7. Country of birth., and
113 8. A brief description.
114 Section 3. Paragraph (g) of subsection (2) of section
115 98.093, Florida Statutes, is amended to read:
116 98.093 Duty of officials to furnish information relating to
117 deceased persons, persons adjudicated mentally incapacitated,
118 persons convicted of a felony, and persons who are not United
119 States citizens.—
120 (2) To the maximum extent feasible, state and local
121 government agencies shall facilitate provision of information
122 and access to data to the department, including, but not limited
123 to, databases that contain reliable criminal records and records
124 of deceased persons. State and local government agencies that
125 provide such data shall do so without charge if the direct cost
126 incurred by those agencies is not significant.
127 (g) The Department of Highway Safety and Motor Vehicles
128 shall furnish monthly to the department:
129 1. A list of those persons whose names have been removed
130 from the driver license database because they have been licensed
131 in another state. The list must contain the name, address, date
132 of birth, gender designation sex, social security number, and
133 driver license number of each such person.
134 2. A list of those persons who presented evidence of non
135 United States citizenship upon being issued a new or renewed
136 Florida driver license or Florida identification card. The list
137 must contain the name; address; date of birth; social security
138 number, if applicable; and Florida driver license number or
139 Florida identification card number, as applicable, of each such
140 person.
141 Section 4. Paragraph (b) of subsection (3) of section
142 320.05, Florida Statutes, is amended to read:
143 320.05 Records of the department; inspection procedure;
144 lists and searches; fees.—
145 (3)
146 (b) Fees therefor shall be charged and collected as
147 follows:
148 1. For providing lists of motor vehicle or vessel records
149 for the entire state, or any part or parts thereof, divided
150 according to counties, a sum computed at a rate of not less than
151 1 cent nor more than 5 cents per item.
152 2. For providing noncertified photographic copies of motor
153 vehicle or vessel documents, $1 per page.
154 3. For providing noncertified photographic copies of
155 micrographic records, $1 per page.
156 4. For providing certified copies of motor vehicle or
157 vessel records, $3 per record.
158 5. For providing noncertified computer-generated printouts
159 of motor vehicle or vessel records, 50 cents per record.
160 6. For providing certified computer-generated printouts of
161 motor vehicle or vessel records, $3 per record.
162 7. For providing electronic access to motor vehicle,
163 vessel, and mobile home registration data requested by tag,
164 vehicle identification number, title number, or decal number, 50
165 cents per item.
166 8. For providing electronic access to driver license status
167 report by name, gender designation sex, and date of birth or by
168 driver license number, 50 cents per item.
169 9. For providing lists of licensed mobile home dealers and
170 manufacturers and recreational vehicle dealers and
171 manufacturers, $15 per list.
172 10. For providing lists of licensed motor vehicle dealers,
173 $25 per list.
174 11. For each copy of a videotape record, $15 per tape.
175 12. For each copy of the Division of Motorist Services
176 Procedures Manual, $25.
177 Section 5. Subsection (5) of section 322.091, Florida
178 Statutes, is amended to read:
179 322.091 Attendance requirements.—
180 (5) REPORTING AND ACCOUNTABILITY.—The department shall
181 report quarterly to each school district the legal name, gender
182 designation sex, date of birth, and social security number of
183 each student whose driving privileges have been suspended under
184 this section.
185 Section 6. Paragraph (a) of subsection (1) of section
186 322.14, Florida Statutes, is amended to read:
187 322.14 Licenses issued to drivers.—
188 (1)(a) The department shall, upon successful completion of
189 all required examinations and payment of the required fee, issue
190 to every qualified applicant a printed driver license that must
191 bear a color photograph or digital image of the licensee; the
192 name of the state; a distinguishing number assigned to the
193 licensee, which, beginning November 1, 2023, must have a minimum
194 of four randomly generated digits on each original, renewal, or
195 replacement driver license; and the licensee’s full name, date
196 of birth, and residence address; a brief description of the
197 licensee, including, but not limited to, the licensee’s gender
198 designation and height; and the dates of issuance and expiration
199 of the license. A space shall be provided upon which the
200 licensee shall affix his or her usual signature. A license is
201 invalid until it has been signed by the licensee except that the
202 signature of the licensee is not required if it appears thereon
203 in facsimile or if the licensee is not present within the state
204 at the time of issuance.
205 Section 7. Paragraphs (a) and (b) of subsection (1) of
206 section 322.17, Florida Statutes, are amended to read:
207 322.17 Replacement licenses and permits.—
208 (1)(a) In the event that an instruction permit or driver
209 license issued under the provisions of this chapter is lost or
210 destroyed, the person to whom the permit or license same was
211 issued may, upon payment of the appropriate fee pursuant to s.
212 322.21, obtain a replacement upon furnishing proof satisfactory
213 to the department that such permit or license has been lost or
214 destroyed, and further furnishing the full name, date of birth,
215 gender designation sex, residence and mailing address, proof of
216 birth satisfactory to the department, and proof of identity
217 satisfactory to the department.
218 (b) In the event that an instruction permit or driver
219 license issued under the provisions of this chapter is stolen,
220 the person to whom the permit or license same was issued may, at
221 no charge, obtain a replacement upon furnishing proof
222 satisfactory to the department that such permit or license was
223 stolen and further furnishing the full name, date of birth,
224 gender designation sex, residence and mailing address, proof of
225 birth satisfactory to the department, and proof of identity
226 satisfactory to the department.
227 Section 8. This act shall take effect July 1, 2023.