HB 163 2023
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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 163 2023
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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
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 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
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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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
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
persons convicted of a felony, and persons who are not United 120
States citizens.— 121
(2) To the maximum extent feasible, state and local 122
government agencies shall facilitate provision of information 123
and access to data to the department, including, but not limited 124
to, databases that contain reliable criminal records and records 125
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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
of deceased persons. State and local government agencies that 126
provide such data shall do so without charge if t he direct cost 127
incurred by those agencies is not significant. 128
(g) The Department of Highway Safety and Motor Vehicles 129
shall furnish monthly to the department: 130
1. A list of those persons whose names have been removed 131
from the driver license database bec ause they have been licensed 132
in another state. The list must contain the name, address, date 133
of birth, gender designation sex, social security number, and 134
driver license number of each such person. 135
2. A list of those persons who presented evidence of non -136
United States citizenship upon being issued a new or renewed 137
Florida driver license or Florida identification card. The list 138
must contain the name; address; date of birth; social security 139
number, if applicable; and Florida driver license number or 140
Florida identification card number, as applicable, of each such 141
person. 142
Section 4. Paragraph (b) of subsection (3) of section 143
320.05, Florida Statutes, is amended to read: 144
320.05 Records of the department; inspection procedure; 145
lists and searches; fees. — 146
(3) 147
(b) Fees therefor shall be charged and collected as 148
follows: 149
1. For providing lists of motor vehicle or vessel records 150
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for the entire state, or any part or parts thereof, divided 151
according to counties, a sum computed at a rate of not less than 152
1 cent nor more than 5 cents per item. 153
2. For providing noncertified photographic copies of motor 154
vehicle or vessel documents, $1 per page. 155
3. For providing noncertified photographic copies of 156
micrographic records, $1 per page. 157
4. For providing certified copies of motor vehicle or 158
vessel records, $3 per record. 159
5. For providing noncertified computer -generated printouts 160
of motor vehicle or vessel records, 50 cents per record. 161
6. For providing certified computer -generated printouts of 162
motor vehicle or vessel records, $3 per record. 163
7. For providing electronic access to motor vehicle, 164
vessel, and mobile home registration data requested by tag, 165
vehicle identification number, title number, or decal number, 50 166
cents per item. 167
8. For providing electronic a ccess to driver license 168
status report by name, gender designation sex, and date of birth 169
or by driver license number, 50 cents per item. 170
9. For providing lists of licensed mobile home dealers and 171
manufacturers and recreational vehicle dealers and 172
manufacturers, $15 per list. 173
10. For providing lists of licensed motor vehicle dealers, 174
$25 per list. 175
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11. For each copy of a videotape record, $15 per tape. 176
12. For each copy of the Division of Motorist Services 177
Procedures Manual, $25. 178
Section 5. Subsection (5) of section 322.091, Florida 179
Statutes, is amended to read: 180
322.091 Attendance requirements. — 181
(5) REPORTING AND ACCOUNTABILITY. —The department shall 182
report quarterly to each school district the legal name, gender 183
designation sex, date of birth, and social security number of 184
each student whose driving privileges have been suspended under 185
this section. 186
Section 6. Paragraph (a) of subsection (1) of section 187
322.14, Florida Statutes, is amended to read: 188
322.14 Licenses issued to drivers. — 189
(1)(a) The department shall, upon successful completion of 190
all required examinations and payment of the required fee, issue 191
to every qualified applicant a printed driver license that must 192
bear a color photograph or digital image of the licensee; the 193
name of the state; a distinguishing number assigned to the 194
licensee, which, beginning November 1, 2023, must have a minimum 195
of four randomly generated digits on each original, renewal, or 196
replacement driver license; and the licensee's full name, date 197
of birth, and residence address; a brief description of the 198
licensee, including, but not limited to, the licensee's gender 199
designation and height; and the dates of issuance and expiration 200
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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
of the license. A space shall be provided upon which the 201
licensee shall affix his or her usual signature. A license is 202
invalid until it has been signed by the licensee except that the 203
signature of the licensee is not required if it appears thereon 204
in facsimile or if the licensee is not present within the state 205
at the time of issuanc e. 206
Section 7. Paragraphs (a) and (b) of subsection (1) of 207
section 322.17, Florida Statutes, are amended to read: 208
322.17 Replacement licenses and permits. — 209
(1)(a) In the event that an instruction permit or driver 210
license issued under the provisions of this chapter is lost or 211
destroyed, the person to whom the permit or license same was 212
issued may, upon payment of the appropriate fee pursuant to s. 213
322.21, obtain a replacement upon furnishing proof satisfactory 214
to the department that such permit or lic ense has been lost or 215
destroyed, and further furnishing the full name, date of birth, 216
gender designation sex, residence and mailing address, proof of 217
birth satisfactory to the department, and proof of identity 218
satisfactory to the department. 219
(b) In the event that an instruction permit or driver 220
license issued under the provisions of this chapter is stolen, 221
the person to whom the permit or license same was issued may, at 222
no charge, obtain a replacement upon furnishing proof 223
satisfactory to the department t hat such permit or license was 224
stolen and further furnishing the full name, date of birth, 225
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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
gender designation sex, residence and mailing address, proof of 226
birth satisfactory to the department, and proof of identity 227
satisfactory to the department. 228
Section 8. This act shall take effect July 1, 2023. 229