Bill Text: FL S0866 | 2023 | Regular Session | Introduced


Bill Title: Driver Licenses and Identification Cards

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2023-05-05 - Died in Transportation [S0866 Detail]

Download: Florida-2023-S0866-Introduced.html
       Florida Senate - 2023                                     SB 866
       
       
        
       By Senator Torres
       
       
       
       
       
       25-01440-23                                            2023866__
    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         specified identification number for certain applicants
    5         for a driver license; deleting a provision authorizing
    6         the Department of Highway Safety and Motor Vehicles to
    7         require applicants to produce certain documents from
    8         the United States Department of Homeland Security for
    9         certain purposes; authorizing additional specified
   10         documents issued by foreign governments to satisfy
   11         proof-of-identity requirements; providing that a
   12         driver license or temporary permit issued based on
   13         specified documents is valid for a specified period;
   14         deleting a provision authorizing applications to
   15         include fingerprints and other unique biometric means
   16         of identity; amending s. 322.12, F.S.; prohibiting the
   17         department from waiving certain tests for applicants
   18         who provide proof of identity using specified foreign
   19         documents; amending s. 322.142, F.S.; providing a
   20         short title; defining the term “agency that primarily
   21         enforces immigration law” by identifying specific
   22         agencies that are included within the use of the term;
   23         prohibiting the department from disclosing or making
   24         accessible certain photographs and related information
   25         to any agency that primarily enforces immigration law
   26         or to any employee or agent of such agency; providing
   27         exceptions; requiring that the department notify a
   28         person about whom certain information was requested,
   29         subject to certain requirements; requiring that the
   30         department require a person or entity to certify
   31         specified information before any such person or entity
   32         receives or has access to certain information;
   33         requiring such person or entity to keep certain
   34         records for a specified period; requiring that such
   35         records be maintained in a manner and form prescribed
   36         by department rule and be available for inspection by
   37         the department; amending ss. 322.17, 322.18, and
   38         322.19, F.S.; prohibiting a licensee from obtaining a
   39         duplicate or replacement instruction permit or driver
   40         license, renewing a driver license, or changing his or
   41         her name or address, respectively, except in person
   42         and upon submission of specified identification
   43         documents under certain circumstances; conforming
   44         provisions to changes made by the act; creating s.
   45         760.45, F.S.; prohibiting a person or an entity from
   46         discriminating against an individual because the
   47         individual holds or presents a driver license that
   48         does not comply with the REAL ID Act of 2005;
   49         prohibiting an employer from requiring an employee to
   50         present a driver license; providing exceptions;
   51         providing construction; prohibiting the state or a
   52         local government, an agent acting on behalf of the
   53         state or a local government, or a program or activity
   54         that receives financial assistance from the state from
   55         discriminating against an individual because the
   56         individual holds or presents a driver license that
   57         does not comply with the REAL ID Act of 2005;
   58         providing an effective date.
   59          
   60  Be It Enacted by the Legislature of the State of Florida:
   61  
   62         Section 1. Subsection (2) of section 322.08, Florida
   63  Statutes, is amended to read:
   64         322.08 Application for license; requirements for license
   65  and identification card forms.—
   66         (2) Each such application shall include the following
   67  information regarding the applicant:
   68         (a) Full name (first, middle or maiden, and last), gender,
   69  proof of social security card number satisfactory to the
   70  department, which may include a military identification card,
   71  county of residence, mailing address, proof of residential
   72  address satisfactory to the department, country of birth, and a
   73  brief description. An applicant who cannot provide a social
   74  security card must provide proof of a number associated with a
   75  document establishing identity, as specified in paragraph (c).
   76         (b) Proof of birth date satisfactory to the department.
   77         (c) Proof of identity satisfactory to the department. Such
   78  proof must include one of the following documents issued to the
   79  applicant:
   80         1. A driver license record or identification card record
   81  from another jurisdiction that required the applicant to submit
   82  a document for identification which is substantially similar to
   83  a document required under subparagraph 2., subparagraph 3.,
   84  subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
   85  7., or subparagraph 8.;
   86         2. A certified copy of a United States birth certificate.;
   87         3. A valid, unexpired United States passport.;
   88         4. A naturalization certificate issued by the United States
   89  Department of Homeland Security.;
   90         5. A valid, unexpired alien registration receipt card
   91  (green card).;
   92         6. A Consular Report of Birth Abroad provided by the United
   93  States Department of State.;
   94         7. An unexpired employment authorization card issued by the
   95  United States Department of Homeland Security.; or
   96         8. Any of the following documents Proof of nonimmigrant
   97  classification provided by the United States Department of
   98  Homeland Security, for an original driver license. In order to
   99  prove nonimmigrant classification, an applicant must provide at
  100  least one of the following documents. In addition, the
  101  department may require applicants to produce United States
  102  Department of Homeland Security documents for the sole purpose
  103  of establishing the maintenance of, or efforts to maintain,
  104  continuous lawful presence:
  105         a. A notice of hearing from an immigration court scheduling
  106  a hearing on any proceeding.
  107         b. A notice from the Board of Immigration Appeals
  108  acknowledging pendency of an appeal.
  109         c. A notice of the approval of an application for
  110  adjustment of status issued by the United States Citizenship and
  111  Immigration Services.
  112         d. An official documentation confirming the filing of a
  113  petition for asylum or refugee status or any other relief issued
  114  by the United States Citizenship and Immigration Services.
  115         e. A notice of action transferring any pending matter from
  116  another jurisdiction to this state issued by the United States
  117  Citizenship and Immigration Services.
  118         f. An order of an immigration judge or immigration officer
  119  granting relief which that authorizes the alien to live and work
  120  in the United States, including, but not limited to, asylum.
  121         g. Evidence that an application is pending for adjustment
  122  of status to that of an alien lawfully admitted for permanent
  123  residence in the United States or conditional permanent resident
  124  status in the United States, if a visa number is available
  125  having a current priority date for processing by the United
  126  States Citizenship and Immigration Services.
  127         h. On or after January 1, 2010, an unexpired foreign
  128  passport with an unexpired United States Visa affixed,
  129  accompanied by an approved I-94, documenting the most recent
  130  admittance into the United States.
  131         9.A passport issued by a foreign government.
  132         10.A birth certificate issued by a foreign government.
  133         11.A consular identification document.
  134         12.A national identification card issued by a foreign
  135  government.
  136         13.A driver license issued by a foreign government. If the
  137  foreign driver license is in a language other than English, it
  138  must be accompanied by a certified translation or an affidavit
  139  of translation into English.
  140         14.A school document, including any document issued by a
  141  public or private primary or secondary school or a postsecondary
  142  institution, college, or university, which either includes the
  143  applicant’s date of birth or, if a foreign school document, is
  144  sealed by the school and includes a photograph of the applicant
  145  at the age the record was issued.
  146         15.A court document issued by or filed with a government
  147  within the United States in which the applicant is named as a
  148  party to the court proceeding.
  149         16.An income tax return.
  150         17.A marriage license on which the applicant is named as a
  151  party. If the language on the marriage license is a language
  152  other than English, the marriage license must be accompanied by
  153  a certified translation or an affidavit of translation into
  154  English.
  155         18.A judgment for the dissolution of a marriage on which
  156  the applicant is named as a party. If the language on the
  157  judgment is a language other than English, the judgment must be
  158  accompanied by a certified translation or an affidavit of
  159  translation into English.
  160  
  161  A driver license or temporary permit issued based on documents
  162  required in subparagraph 7., or subparagraph 8., subparagraph
  163  9., subparagraph 10., subparagraph 11., subparagraph 12., or
  164  subparagraph 13. is valid for a period not to exceed the
  165  expiration date of the document presented or 8 years, whichever
  166  date first occurs 1 year. A driver license or temporary permit
  167  issued based on documents required in subparagraph 14.,
  168  subparagraph 15., subparagraph 16., subparagraph 17., or
  169  subparagraph 18. is valid for 8 years.
  170         (d) Whether the applicant has previously been licensed to
  171  drive, and, if so, when and by what state, and whether any such
  172  license or driving privilege has ever been disqualified,
  173  revoked, or suspended, or whether an application has ever been
  174  refused, and, if so, the date of and reason for such
  175  disqualification, suspension, revocation, or refusal.
  176         (e)Each such application may include fingerprints and
  177  other unique biometric means of identity.
  178         Section 2. Subsection (1) of section 322.12, Florida
  179  Statutes, is amended to read:
  180         322.12 Examination of applicants.—
  181         (1) It is the intent of the Legislature that every
  182  applicant for an original driver license in this state be
  183  required to pass an examination pursuant to this section.
  184  However, the department may waive the knowledge, endorsement,
  185  and skills tests for an applicant who is otherwise qualified,
  186  except for an applicant who provides proof of identity under s.
  187  322.08(2)(c)9.-18., and who surrenders a valid driver license
  188  from another state or a province of Canada, or a valid driver
  189  license issued by the United States Armed Forces, if the driver
  190  applies for a Florida license of an equal or lesser
  191  classification. An applicant who fails to pass the initial
  192  knowledge test incurs a $10 fee for each subsequent test, to be
  193  deposited into the Highway Safety Operating Trust Fund, except
  194  that if a subsequent test is administered by the tax collector,
  195  the tax collector shall retain such $10 fee, less the general
  196  revenue service charge set forth in s. 215.20(1). An applicant
  197  who fails to pass the initial skills test incurs a $20 fee for
  198  each subsequent test, to be deposited into the Highway Safety
  199  Operating Trust Fund, except that if a subsequent test is
  200  administered by the tax collector, the tax collector shall
  201  retain such $20 fee, less the general revenue service charge set
  202  forth in s. 215.20(1). A person who seeks to retain a hazardous
  203  materials endorsement, pursuant to s. 322.57(1)(e), must pass
  204  the hazardous-materials test, upon surrendering his or her
  205  commercial driver license, if the person has not taken and
  206  passed the hazardous-materials test within 2 years before
  207  applying for a commercial driver license in this state.
  208         Section 3. Section 322.142, Florida Statutes, is amended to
  209  read:
  210         322.142 Color photographic or digital imaged licenses;
  211  protection of personal information.—
  212         (1) The department shall, upon receipt of the required fee,
  213  issue to each qualified applicant for a driver license a color
  214  photographic or digital imaged driver license bearing a fullface
  215  photograph or digital image of the licensee. Notwithstanding
  216  chapter 761 or s. 761.05, the requirement for a fullface
  217  photograph or digital image of the licensee may not be waived. A
  218  space shall be provided upon which the licensee shall affix his
  219  or her usual signature, as required in s. 322.14, in the
  220  presence of an authorized agent of the department so as to
  221  ensure that such signature becomes a part of the license.
  222         (2) The department shall, upon receipt of the required fee,
  223  issue to each qualified licensee applying for a renewal license
  224  in accordance with s. 322.18 a color photographic or digital
  225  imaged license as provided for in subsection (1).
  226         (3) The department may conduct negotiations and enter into
  227  contracts with qualified firms possessing the requisite
  228  qualifications for the development and production of
  229  photographic or digital imaged identification documents to
  230  assure efficient and economical processing of such licenses in
  231  sufficient quantity and of acceptable quality to meet the
  232  requirements and intent of this section, and to ensure adequate
  233  service at a sufficient number of locations, at the lowest
  234  competitive sealed bid price.
  235         (4) The department may maintain a film negative or print
  236  file. The department shall maintain a record of the digital
  237  images and signatures image and signature of the licensees,
  238  together with other data required by the department for
  239  identification and retrieval. Reproductions from the file or
  240  digital record are exempt from the provisions of s. 119.07(1)
  241  and may be made and issued only for any of the following
  242  purposes:
  243         (a) For departmental administrative purposes.;
  244         (b) For the issuance of duplicate licenses.;
  245         (c) In response to law enforcement agency requests, except
  246  as provided in subsection (5).;
  247         (d) To the Department of Business and Professional
  248  Regulation and the Department of Health pursuant to an
  249  interagency agreement for the purpose of accessing digital
  250  images for reproduction of licenses issued by the Department of
  251  Business and Professional Regulation or the Department of
  252  Health.;
  253         (e) To the Department of State pursuant to an interagency
  254  agreement to facilitate determinations of eligibility of voter
  255  registration applicants and registered voters in accordance with
  256  ss. 98.045 and 98.075.;
  257         (f) To the Department of Revenue pursuant to an interagency
  258  agreement for use in establishing paternity and establishing,
  259  modifying, or enforcing support obligations in Title IV-D
  260  cases.;
  261         (g) To the Department of Children and Families pursuant to
  262  an interagency agreement to conduct protective investigations
  263  under part III of chapter 39 and chapter 415.;
  264         (h) To the Department of Children and Families pursuant to
  265  an interagency agreement specifying the number of employees in
  266  each of that department’s regions to be granted access to the
  267  records for use as verification of identity to expedite the
  268  determination of eligibility for public assistance and for use
  269  in public assistance fraud investigations.;
  270         (i) To the Agency for Health Care Administration pursuant
  271  to an interagency agreement for the purpose of authorized
  272  agencies verifying photographs in the Care Provider Background
  273  Screening Clearinghouse authorized under s. 435.12.;
  274         (j) To the Department of Financial Services pursuant to an
  275  interagency agreement to facilitate the location of owners of
  276  unclaimed property, the validation of unclaimed property claims,
  277  the identification of fraudulent or false claims, and the
  278  investigation of allegations of violations of the insurance code
  279  by licensees and unlicensed persons.;
  280         (k) To the Department of Economic Opportunity pursuant to
  281  an interagency agreement to facilitate the validation of
  282  reemployment assistance claims and the identification of
  283  fraudulent or false reemployment assistance claims.;
  284         (l) To district medical examiners pursuant to an
  285  interagency agreement for the purpose of identifying a deceased
  286  individual, determining cause of death, and notifying next of
  287  kin of any investigations, including autopsies and other
  288  laboratory examinations, authorized in s. 406.11.;
  289         (m) To the following persons for the purpose of identifying
  290  a person as part of the official work of a court:
  291         1. A justice or judge of this state;
  292         2. An employee of the state courts system who works in a
  293  position that is designated in writing for access by the Chief
  294  Justice of the Supreme Court or a chief judge of a district or
  295  circuit court, or by his or her designee; or
  296         3. A government employee who performs functions on behalf
  297  of the state courts system in a position that is designated in
  298  writing for access by the Chief Justice or a chief judge, or by
  299  his or her designee.; or
  300         (n) To the Agency for Health Care Administration pursuant
  301  to an interagency agreement to prevent health care fraud. If the
  302  Agency for Health Care Administration enters into an agreement
  303  with a private entity to carry out duties relating to health
  304  care fraud prevention, such contracts shall include, but need
  305  not be limited to:
  306         1. Provisions requiring internal controls and audit
  307  processes to identify access, use, and unauthorized access of
  308  information.
  309         2. A requirement to report unauthorized access or use to
  310  the Agency for Health Care Administration within 1 business day
  311  after the discovery of the unauthorized access or use.
  312         3. Provisions for liquidated damages for unauthorized
  313  access or use of no less than $5,000 per occurrence.
  314         (5)(a)This subsection shall be known and may be cited as
  315  the “Driver License Privacy Act.”
  316         (b)For purposes of this subsection, the term “agency that
  317  primarily enforces immigration law” includes, but is not limited
  318  to, United States Immigration and Customs Enforcement, United
  319  States Customs and Border Protection, or any successor agencies
  320  that have similar duties.
  321         (c)Except as required for the department to issue or renew
  322  a driver license or learner’s driver license that meets federal
  323  standards for identification, the department may not disclose or
  324  make accessible, in any manner, photographs and related
  325  information pertaining to persons whose image or personal
  326  identifying information is possessed by the department to any
  327  agency that primarily enforces immigration law or to any
  328  employee or agent of such agency, unless the department is
  329  presented with a lawful court order or judicial warrant signed
  330  by a judge appointed pursuant to Article III of the United
  331  States Constitution. Within 3 days after receiving a request for
  332  information under this subsection from such an agency, the
  333  department must notify the person about whom such information
  334  was requested of the request and the identity of the agency that
  335  made such request.
  336         (d)Before any person or entity receives or has access to
  337  information from the department under this subsection, the
  338  department must require such person or entity to certify to the
  339  department that the person or entity will not:
  340         1.Use such information for civil immigration purposes; or
  341         2.Disclose such information to any agency that primarily
  342  enforces immigration law or to any employee or agent of any such
  343  agency unless such disclosure is pursuant to a cooperative
  344  arrangement between municipal, state, and federal agencies, if
  345  the arrangement does not enforce immigration law and if the
  346  disclosure is limited to the specific information being sought
  347  pursuant to the arrangement.
  348         (e)In addition to any records required to be kept pursuant
  349  to 18 U.S.C. s. 2721(c), any person or entity that receives or
  350  has access to information from the department under this
  351  subsection must keep for a period of 5 years records:
  352         1.Of all the uses of such department information; and
  353         2.That identify each person or entity that primarily
  354  enforces immigration law which receives such department
  355  information from the person or entity.
  356         (f)The records identified in subparagraphs (e)1. and 2.
  357  must be maintained in a manner and form prescribed by department
  358  rule and must be available for inspection by the department.
  359         Section 4. Subsection (3) of section 322.17, Florida
  360  Statutes, is amended to read:
  361         322.17 Replacement licenses and permits.—
  362         (3) Notwithstanding any other provision provisions of this
  363  chapter, if a licensee establishes his or her identity for a
  364  driver license using an identification document authorized under
  365  s. 322.08(2)(c)7.-18. s. 322.08(2)(c)7. or 8., the licensee may
  366  not obtain a duplicate or replacement instruction permit or
  367  driver license except in person and upon submission of an
  368  identification document authorized under s. 322.08(2)(c)7.-18.
  369  s. 322.08(2)(c)7. or 8.
  370         Section 5. Paragraph (d) of subsection (2) and paragraph
  371  (c) of subsection (4) of section 322.18, Florida Statutes, are
  372  amended to read:
  373         322.18 Original applications, licenses, and renewals;
  374  expiration of licenses; delinquent licenses.—
  375         (2) Each applicant who is entitled to the issuance of a
  376  driver license, as provided in this section, shall be issued a
  377  driver license, as follows:
  378         (d)1. Notwithstanding any other provision of this chapter,
  379  if an applicant establishes his or her identity for a driver
  380  license using a document authorized in s. 322.08(2)(c)7.-13. s.
  381  322.08(2)(c)7. or 8., the driver license expires 8 years shall
  382  expire 1 year after the date of issuance or upon the expiration
  383  date cited on the United States Department of Homeland Security
  384  documents, whichever date first occurs.
  385         2.Notwithstanding any other provision of this chapter, if
  386  an applicant establishes his or her identity for a driver
  387  license using a document authorized in s. 322.08(2)(c)14.-18.,
  388  the driver license expires 8 years after the date of issuance.
  389         (4)
  390         (c)1. Notwithstanding any other provision of this chapter,
  391  if a licensee establishes his or her identity for a driver
  392  license using an identification document authorized under s.
  393  322.08(2)(c)7.-13. s. 322.08(2)(c)7. or 8., the licensee may not
  394  renew the driver license except in person and upon submission of
  395  an identification document authorized under s. 322.08(2)(c)7.
  396  13. s. 322.08(2)(c)7. or 8. A driver license renewed under this
  397  subparagraph paragraph expires 8 years 1 year after the date of
  398  issuance or upon the expiration date cited on the United States
  399  Department of Homeland Security documents, whichever date first
  400  occurs.
  401         2.Notwithstanding any other provision of this chapter, if
  402  a licensee establishes his or her identity for a driver license
  403  using an identification document authorized under s.
  404  322.08(2)(c)14.-18., the licensee may not renew the driver
  405  license except in person and upon submission of an
  406  identification document authorized under s. 322.08(2)(c)14.-18.
  407  A driver license renewed under this subparagraph expires 8 years
  408  after the date of issuance.
  409         Section 6. Subsection (4) of section 322.19, Florida
  410  Statutes, is amended to read:
  411         322.19 Change of address or name.—
  412         (4) Notwithstanding any other provision of this chapter, if
  413  a licensee established his or her identity for a driver license
  414  using an identification document authorized under s.
  415  322.08(2)(c)7.-18. s. 322.08(2)(c)7. or 8., the licensee may not
  416  change his or her name or address except in person and upon
  417  submission of an identification document authorized under s.
  418  322.08(2)(c)7.-18. s. 322.08(2)(c)7. or 8.
  419         Section 7. Section 760.45, Florida Statutes, is created to
  420  read:
  421         760.45Discrimination on the basis of certain driver
  422  licenses prohibited.—
  423         (1)A person or an entity, including a business
  424  establishment or an employer, may not discriminate against an
  425  individual because the individual holds or presents a driver
  426  license that does not comply with the REAL ID Act of 2005, Pub.
  427  L. No. 109-13.
  428         (2)An employer may not require an employee to present a
  429  driver license unless possessing a driver license is required by
  430  law or is lawfully required by the employer. This subsection may
  431  not be construed to limit or expand an employer’s authority to
  432  require a person to possess a driver license.
  433         (3)This section may not be construed to do either of the
  434  following:
  435         (a)Alter an employer’s rights or obligations under the
  436  Immigration and Nationality Act, 8 U.S.C. s. 1324(a), regarding
  437  obtaining documentation that evidences identity and
  438  authorization for employment.
  439         (b)Prohibit any other action taken by an employer which is
  440  required under Nationality Act, 8 U.S.C. s. 1324(a).
  441         (4)The state or a local government; an agent or a person
  442  acting on behalf of the state or a local government; or a
  443  program or an activity that is funded directly by, or receives
  444  financial assistance from, the state may not discriminate
  445  against an individual because the individual holds or presents a
  446  driver license that does not comply with the REAL ID Act of
  447  2005, Pub. L. No. 109-13. This prohibition includes, but is not
  448  limited to, notifying a law enforcement agency of the
  449  individual’s identity or that the individual holds a driver
  450  license that does not comply with the REAL ID Act of 2005, Pub.
  451  L. No. 109-13, if a notification is not required by law or would
  452  not have been provided if the individual’s driver license had
  453  been compliant with such act.
  454         Section 8. This act shall take effect July 1, 2023.

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