Florida Senate - 2022 SB 456 By Senator Torres 15-00725-22 2022456__ 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, respectively, 6 to provide for male, female, or nonbinary gender 7 designation; amending ss. 98.093, 320.05, 322.091, 8 322.14, and 322.17, F.S.; conforming provisions to 9 changes made by 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: 15 322.051Identification 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 the following information 22 regarding the applicant: 23 1.a.Full name, which must include the applicants (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: 98 322.08Application for license; requirements for license 99 and identification card forms. 100 (2)Each such application shall include the following 101 information regarding the applicant: 102 (a)1.Full name, which must include the applicants (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 98.093Duty of officials to furnish information relating to 117 deceased persons, persons adjudicated mentally incapacitated, 118 and persons convicted of a felony. 119 (2)To the maximum extent feasible, state and local 120 government agencies shall facilitate provision of information 121 and access to data to the department, including, but not limited 122 to, databases that contain reliable criminal records and records 123 of deceased persons. State and local government agencies that 124 provide such data shall do so without charge if the direct cost 125 incurred by those agencies is not significant. 126 (g)The Department of Highway Safety and Motor Vehicles 127 shall furnish monthly to the department a list of those persons 128 whose names have been removed from the driver license database 129 because they have been licensed in another state. The list shall 130 contain the name, address, date of birth, gender designation 131 sex, social security number, and driver license number of each 132 such person. 133 Section 4.Paragraph (b) of subsection (3) of section 134 320.05, Florida Statutes, is amended to read: 135 320.05Records of the department; inspection procedure; 136 lists and searches; fees. 137 (3) 138 (b)Fees therefor shall be charged and collected as 139 follows: 140 1.For providing lists of motor vehicle or vessel records 141 for the entire state, or any part or parts thereof, divided 142 according to counties, a sum computed at a rate of not less than 143 1 cent nor more than 5 cents per item. 144 2.For providing noncertified photographic copies of motor 145 vehicle or vessel documents, $1 per page. 146 3.For providing noncertified photographic copies of 147 micrographic records, $1 per page. 148 4.For providing certified copies of motor vehicle or 149 vessel records, $3 per record. 150 5.For providing noncertified computer-generated printouts 151 of motor vehicle or vessel records, 50 cents per record. 152 6.For providing certified computer-generated printouts of 153 motor vehicle or vessel records, $3 per record. 154 7.For providing electronic access to motor vehicle, 155 vessel, and mobile home registration data requested by tag, 156 vehicle identification number, title number, or decal number, 50 157 cents per item. 158 8.For providing electronic access to driver license status 159 report by name, gender designation sex, and date of birth or by 160 driver license number, 50 cents per item. 161 9.For providing lists of licensed mobile home dealers and 162 manufacturers and recreational vehicle dealers and 163 manufacturers, $15 per list. 164 10.For providing lists of licensed motor vehicle dealers, 165 $25 per list. 166 11.For each copy of a videotape record, $15 per tape. 167 12.For each copy of the Division of Motorist Services 168 Procedures Manual, $25. 169 Section 5.Subsection (5) of section 322.091, Florida 170 Statutes, is amended to read: 171 322.091Attendance requirements. 172 (5)REPORTING AND ACCOUNTABILITY.The department shall 173 report quarterly to each school district the legal name, gender 174 designation sex, date of birth, and social security number of 175 each student whose driving privileges have been suspended under 176 this section. 177 Section 6.Paragraph (a) of subsection (1) of section 178 322.14, Florida Statutes, is amended to read: 179 322.14Licenses issued to drivers. 180 (1)(a)The department shall, upon successful completion of 181 all required examinations and payment of the required fee, issue 182 to every qualified applicant a printed driver license that must 183 bear a color photograph or digital image of the licensee; the 184 name of the state; a distinguishing number assigned to the 185 licensee; and the licensees full name, date of birth, and 186 residence address; a brief description of the licensee, 187 including, but not limited to, the licensees gender designation 188 and height; and the dates of issuance and expiration of the 189 license. A space shall be provided upon which the licensee shall 190 affix his or her usual signature. A license is invalid until it 191 has been signed by the licensee except that the signature of the 192 licensee is not required if it appears thereon in facsimile or 193 if the licensee is not present within the state at the time of 194 issuance. 195 Section 7.Subsection (1) of section 322.17, Florida 196 Statutes, is amended to read: 197 322.17Replacement licenses and permits. 198 (1)(a)In the event that an instruction permit or driver 199 license issued under the provisions of this chapter is lost or 200 destroyed, the person to whom the permit or license same was 201 issued may, upon payment of the appropriate fee pursuant to s. 202 322.21, obtain a replacement upon furnishing proof satisfactory 203 to the department that such permit or license has been lost or 204 destroyed, and further furnishing the full name, date of birth, 205 gender designation sex, residence and mailing address, proof of 206 birth satisfactory to the department, and proof of identity 207 satisfactory to the department. 208 (b)In the event that an instruction permit or driver 209 license issued under the provisions of this chapter is stolen, 210 the person to whom the permit or license same was issued may, at 211 no charge, obtain a replacement upon furnishing proof 212 satisfactory to the department that such permit or license was 213 stolen and further furnishing the full name, date of birth, 214 gender designation sex, residence and mailing address, proof of 215 birth satisfactory to the department, and proof of identity 216 satisfactory to the department. 217 Section 8.This act shall take effect July 1, 2022.