HB 249 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to driver license and identification 2
card gender designation; amending ss. 322.08 and 3
322.051, F.S.; requiring an application for a driver 4
license or identification card to provide for male, 5
female, or nonbinary gender designation; amending ss. 6
98.093, 320.05, 322.091, 322.14, and 322.17, F.S.; 7
conforming provisions to changes made by the act; 8
providing an effective date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
12
Section 1. Paragraph (a) of subsection (2) of section 13
322.08, Florida Statutes, is amended to read: 14
322.08 Application for license; requirements for license 15
and identification card forms. — 16
(2) Each such application shall include the following 17
information regarding the applicant: 18
(a)1. Full name, which must include the applicant's 19
(first, middle or maiden, and last names.), 20
2. Gender designation, which must provide for male, 21
female, or nonbinary designa tion. 22
3. Proof of social security card number satisfactory to 23
the department, which may include a military identification 24
card., 25
HB 249 2022
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4. County of residence., 26
5. Mailing address., 27
6. Proof of residential address satisfactory to the 28
department., 29
7. Country of birth., and 30
8. A brief description. 31
Section 2. Paragraph (a) of subsection (1) of section 32
322.051, Florida Statutes, is amended to read: 33
322.051 Identification cards. — 34
(1) Any person who is 5 years of age or older, or any 35
person who has a disability, regardless of age, who applies for 36
a disabled parking permit under s. 320.0848, may be issued an 37
identification card by the department upon completion of an 38
application and payment of an application fee. 39
(a) The application must include the following information 40
regarding the applicant: 41
1.a. Full name, which must include the applicant's (first, 42
middle or maiden, and last names.), 43
b. Gender designation, which must provide for male, 44
female, or nonbinary designation. 45
c. Proof of social security card number satisfactory to 46
the department, which may include a military identification 47
card., 48
d. County of residence., 49
e. Mailing address., 50
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f. Proof of residential address satisfactory to the 51
department., 52
g. Country of birth., and 53
h. A brief description. 54
2. Proof of birth date satisfactory to the department. 55
3. Proof of identity satisfactory to the department. Such 56
proof must include one of the following documents issued to the 57
applicant: 58
a. A driver license record or identific ation card record 59
from another jurisdiction that required the applicant to submit 60
a document for identification which is substantially similar to 61
a document required under sub -subparagraph b., sub -subparagraph 62
c., sub-subparagraph d., sub -subparagraph e., sub-subparagraph 63
f., sub-subparagraph g., or sub -subparagraph h.; 64
b. A certified copy of a United States birth certificate; 65
c. A valid, unexpired United States passport; 66
d. A naturalization certificate issued by the United 67
States Department of Homela nd Security; 68
e. A valid, unexpired alien registration receipt card 69
(green card); 70
f. A Consular Report of Birth Abroad provided by the 71
United States Department of State; 72
g. An unexpired employment authorization card issued by 73
the United States Departm ent of Homeland Security; or 74
h. Proof of nonimmigrant classification provided by the 75
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United States Department of Homeland Security, for an original 76
identification card. In order to prove nonimmigrant 77
classification, an applicant must provide at least one of the 78
following documents. In addition, the department may require 79
applicants to produce United States Department of Homeland 80
Security documents for the sole purpose of establishing the 81
maintenance of, or efforts to maintain, continuous lawful 82
presence: 83
(I) A notice of hearing from an immigration court 84
scheduling a hearing on any proceeding. 85
(II) A notice from the Board of Immigration Appeals 86
acknowledging pendency of an appeal. 87
(III) A notice of the approval of an application for 88
adjustment of status issued by the United States Citizenship and 89
Immigration Services. 90
(IV) An official documentation confirming the filing of a 91
petition for asylum or refugee status or any other relief issued 92
by the United States Citizenship and Immigration Services. 93
(V) A notice of action transferring any pending matter 94
from another jurisdiction to Florida, issued by the United 95
States Citizenship and Immigration Services. 96
(VI) An order of an immigration judge or immigration 97
officer granting relief that authorizes the alien to live and 98
work in the United States, including, but not limited to, 99
asylum. 100
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(VII) Evidence that an application is pending for 101
adjustment of status to that of an alien lawfully admitted for 102
permanent residence in the United States or conditional 103
permanent resident status in the United States, if a visa number 104
is available having a current priority date for processing by 105
the United States Citizenship and Immigration Services. 106
(VIII) On or after January 1, 2010, an unexpired foreign 107
passport with an unexpired United States Visa affixed, 108
accompanied by an approved I -94, documenting the most recent 109
admittance into the United States. 110
111
An identification card issued based on documents required in 112
sub-subparagraph g. or sub -subparagraph h. is valid for a period 113
not to exceed the expiration date of the document presented or 1 114
year, whichever occurs first. 115
Section 3. Paragraph (g) of subsection (2) of section 116
98.093, Florida Statutes, is amended to read: 117
98.093 Duty of officials to furnish information relating 118
to deceased persons, persons adjudicated mentally incapacitated, 119
and persons convicted of a felony. — 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 dep artment, 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
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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 a list of those persons 129
whose names have been removed from the driver license database 130
because they have been licensed in another state. The list shall 131
contain the name, address, date of birth, gender designation 132
sex, social security number, and driver license number of each 133
such person. 134
Section 4. Paragraph (b) of subsection (3) of section 135
320.05, Florida Statutes, is amended to read: 136
320.05 Records of the department; inspection procedure; 137
lists and searches; fees. — 138
(3) 139
(b) Fees therefor shall be charged and collected as 140
follows: 141
1. For providing lists of motor vehicle or vessel records 142
for the entire state, or any part or parts the reof, divided 143
according to counties, a sum computed at a rate of not less than 144
1 cent nor more than 5 cents per item. 145
2. For providing noncertified photographic copies of motor 146
vehicle or vessel documents, $1 per page. 147
3. For providing noncertified pho tographic copies of 148
micrographic records, $1 per page. 149
4. For providing certified copies of motor vehicle or 150
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vessel records, $3 per record. 151
5. For providing noncertified computer -generated printouts 152
of motor vehicle or vessel records, 50 cents per reco rd. 153
6. For providing certified computer -generated printouts of 154
motor vehicle or vessel records, $3 per record. 155
7. For providing electronic access to motor vehicle, 156
vessel, and mobile home registration data requested by tag, 157
vehicle identification numbe r, title number, or decal number, 50 158
cents per item. 159
8. For providing electronic access to driver license 160
status report by name, gender designation sex, and date of birth 161
or by driver license number, 50 cents per item. 162
9. For providing lists of license d mobile home dealers and 163
manufacturers and recreational vehicle dealers and 164
manufacturers, $15 per list. 165
10. For providing lists of licensed motor vehicle dealers, 166
$25 per list. 167
11. For each copy of a videotape record, $15 per tape. 168
12. For each copy of the Division of Motorist Services 169
Procedures Manual, $25. 170
Section 5. Subsection (5) of section 322.091, Florida 171
Statutes, is amended to read: 172
322.091 Attendance requirements. — 173
(5) REPORTING AND ACCOUNTABILITY. —The department shall 174
report quarterly to each school district the legal name, gender 175
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designation sex, date of birth, and social security number of 176
each student whose driving privileges have been suspended under 177
this section. 178
Section 6. Paragraph (a) of subsection (1) of section 179
322.14, Florida Statutes, is amended to read: 180
322.14 Licenses issued to drivers. — 181
(1)(a) The department shall, upon successful completion of 182
all required examinations and payment of the required fee, issue 183
to every qualified applicant a printed driver licens e that must 184
bear a color photograph or digital image of the licensee; the 185
name of the state; a distinguishing number assigned to the 186
licensee; and the licensee's full name, date of birth, and 187
residence address; a brief description of the licensee, 188
including, but not limited to, the licensee's gender designation 189
and height; and the dates of issuance and expiration of the 190
license. A space shall be provided upon which the licensee shall 191
affix his or her usual signature. A license is invalid until it 192
has been signed by the licensee except that the signature of the 193
licensee is not required if it appears thereon in facsimile or 194
if the licensee is not present within the state at the time of 195
issuance. 196
Section 7. Paragraphs (a) and (b) of subsection (1) of 197
section 322.17, Florida Statutes, are amended to read: 198
322.17 Replacement licenses and permits. — 199
(1)(a) In the event that an instruction permit or driver 200
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license issued under the provisions of this chapter is lost or 201
destroyed, the person to whom the permit or license same was 202
issued may, upon payment of the appropriate fee pursuant to s. 203
322.21, obtain a replacement upon furnishing proof satisfactory 204
to the department that such permit or license has been lost or 205
destroyed, and further furnishing the full nam e, date of birth, 206
gender designation sex, residence and mailing address, proof of 207
birth satisfactory to the department, and proof of identity 208
satisfactory to the department. 209
(b) In the event that an instruction permit or driver 210
license issued under the provisions of this chapter is stolen, 211
the person to whom the permit or license same was issued may, at 212
no charge, obtain a replacement upon furnishing proof 213
satisfactory to the department that such permit or license was 214
stolen and further furnishing the ful l 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
Section 8. This act shall take effect July 1, 2022. 219