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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 licenses and identification 2
cards; amending s. 322.08, F.S.; requiring proof of a 3
specified identification number for certain applicants 4
for a driver license; deleting a provision authorizing 5
the Department of Highway Safety and M otor Vehicles to 6
require applicants to produce certain documents from 7
the United States Department of Homeland Security for 8
certain purposes; authorizing additional specified 9
documents issued by foreign governments to satisfy 10
proof-of-identity requirements ; providing that a 11
driver license or temporary permit issued based on 12
specified documents is valid for a specified period; 13
deleting a provision authorizing applications to 14
include fingerprints and other unique biometric means 15
of identity; amending s. 322.1 2, F.S.; prohibiting the 16
department from waiving certain tests for applicants 17
who provide proof of identity using specified foreign 18
documents; amending s. 322.142, F.S.; providing a 19
short title; defining the term "agency that primarily 20
enforces immigration law" by identifying specific 21
agencies that are included within the use of the term; 22
prohibiting the department from disclosing or making 23
accessible certain photographs and related information 24
to any agency that primarily enforces immigration law 25
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or to any employee or agent of such agency; providing 26
exceptions; requiring that the department notify a 27
person about whom certain information was requested, 28
subject to certain requirements; requiring that the 29
department require a person or entity to certify 30
specified information before any such person or entity 31
receives or has access to certain information; 32
requiring such person or entity to keep certain 33
records for a specified period; requiring that such 34
records be maintained in a manner and form prescribed 35
by department rule and be available for inspection by 36
the department; amending ss. 322.17, 322.18, and 37
322.19, F.S.; prohibiting a licensee from obtaining a 38
duplicate or replacement instruction permit or driver 39
license, renewing a driver license, or changing his or 40
her name or address, respectively, except in person 41
and upon submission of specified identification 42
documents under certain circumstances; conforming 43
provisions to changes made by the act; creating s. 44
760.45, F.S.; prohibiting a person or entity from 45
discriminating against an individual because the 46
individual holds or presents a driver license that 47
does not comply with the REAL ID Act of 2005; 48
prohibiting an employer from requiring an employee to 49
present a driver license; providing exceptions; 50
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providing construction; prohibiting the state or a 51
local government, an agent acting on behalf of the 52
state or a local government, or a program or activity 53
that receives financial assistance from the state from 54
discriminating against an individual because the 55
individual holds or presents a driver license that 56
does not comply with the REAL ID Act of 2005; 57
providing an effective date. 58
59
Be It Enacted by the Legislature of the State of Florida: 60
61
Section 1. Subsection (2) of section 322.08, Florida 62
Statutes, is amended to read: 63
322.08 Application for license; requirements for license 64
and identification card forms. — 65
(2) Each such application shall include the following 66
information regarding the applicant: 67
(a) Full name (first, middle or maiden, and last), g ender, 68
proof of social security card number satisfactory to the 69
department, which may include a military identification card, 70
county of residence, mailing address, proof of residential 71
address satisfactory to the department, country of birth, and a 72
brief description. An applicant who cannot provide a social 73
security card must provide proof of a number associated with a 74
document establishing identity, as specified in paragraph (c). 75
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(b) Proof of birth date satisfactory to the department. 76
(c) Proof of identity satisfactory to the department. Such 77
proof must include one of the following documents issued to the 78
applicant: 79
1. A driver license record or identification card record 80
from another jurisdiction that required the applicant to submit 81
a document for identification which is substantially similar to 82
a document required under subparagraph 2., subparagraph 3., 83
subparagraph 4., subparagraph 5., subparagraph 6., subparagraph 84
7., or subparagraph 8. ; 85
2. A certified copy of a United States birth certificate .; 86
3. A valid, unexpired United States passport .; 87
4. A naturalization certificate issued by the United 88
States Department of Homeland Security .; 89
5. A valid, unexpired alien registration receipt card 90
(green card).; 91
6. A Consular Report of Birth Abroad provided by the 92
United States Department of State .; 93
7. An unexpired employment authorization card issued by 94
the United States Department of Homeland Security .; or 95
8. Proof of any of the following documents nonimmigrant 96
classification provided by the United States Department of 97
Homeland Security, for an original driver license . In order to 98
prove nonimmigrant classification, an applicant must provide at 99
least one of the following documents. In addition, the 100
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department may require applicants to produce Uni ted States 101
Department of Homeland Security documents for the sole purpose 102
of establishing the maintenance of, or efforts to maintain, 103
continuous lawful presence : 104
a. A notice of hearing from an immigration court 105
scheduling a hearing on any proceeding. 106
b. A notice from the Board of Immigration Appeals 107
acknowledging pendency of an appeal. 108
c. A notice of the approval of an application for 109
adjustment of status issued by the United States Citizenship and 110
Immigration Services. 111
d. An official documentation confirming the filing of a 112
petition for asylum or refugee status or any other relief issued 113
by the United States Citizenship and Immigration Services. 114
e. A notice of action transferring any pending matter from 115
another jurisdiction to this state issued by the United States 116
Citizenship and Immigration Services. 117
f. An order of an immigration judge or immigration officer 118
granting relief which that authorizes the alien to live and work 119
in the United States, including, but not limited to, asylum. 120
g. Evidence that an application is pending for adjustment 121
of status to that of an alien lawfully admitted for permanent 122
residence in the United States or conditional permanent resident 123
status in the United States, if a visa number is available 124
having a current prior ity date for processing by the United 125
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States Citizenship and Immigration Services. 126
h. On or after January 1, 2010, an unexpired foreign 127
passport with an unexpired United States Visa affixed, 128
accompanied by an approved I -94, documenting the most recent 129
admittance into the United States. 130
9. A passport issued by a foreign government. 131
10. A birth certificate issued by a foreign government. 132
11. A consular identification document. 133
12. A national identification card issued by a foreign 134
government. 135
13. A driver license issued by a foreign government. If 136
the foreign driver license is in a language other than English, 137
it must be accompanied by a certified translation or an 138
affidavit of translation into English. 139
14. A school document, including any docume nt issued by a 140
public or private primary or secondary school or a postsecondary 141
institution, college, or university, which either includes the 142
applicant's date of birth or, if a foreign school document, is 143
sealed by the school and includes a photograph of the applicant 144
at the age the record was issued. 145
15. A court document issued by or filed with a government 146
within the United States in which the applicant is named as a 147
party to the court proceeding. 148
16. An income tax return. 149
17. A marriage license on which the applicant is named as 150
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a party. If the language on the marriage license is a language 151
other than English, the marriage license must be accompanied by 152
a certified translation or an affidavit of translation into 153
English. 154
18. A judgment for the di ssolution of a marriage on which 155
the applicant is named as a party. If the language on the 156
judgment is a language other than English, the judgment must be 157
accompanied by a certified translation or an affidavit of 158
translation into English. 159
160
A driver license or temporary permit issued based on documents 161
required in subparagraph 7. , or subparagraph 8., subparagraph 162
9., subparagraph 10., subparagraph 11., subparagraph 12., or 163
subparagraph 13. is valid for a period not to exceed the 164
expiration date of the docume nt presented or 8 years, whichever 165
date first occurs 1 year. A driver license or temporary permit 166
issued based on documents required in subparagraph 14., 167
subparagraph 15., subparagraph 16., subparagraph 17., or 168
subparagraph 18. is valid for 8 years. 169
(d) Whether the applicant has previously been licensed to 170
drive, and, if so, when and by what state, and whether any such 171
license or driving privilege has ever been disqualified, 172
revoked, or suspended, or whether an application has ever been 173
refused, and, if so, the date of and reason for such 174
disqualification, suspension, revocation, or refusal. 175
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(e) Each such application may include fingerprints and 176
other unique biometric means of identity. 177
Section 2. Subsection (1) of section 322.12, Florida 178
Statutes, is amended to read: 179
322.12 Examination of applicants. — 180
(1) It is the intent of the Legislature that every 181
applicant for an original driver license in this state be 182
required to pass an examination pursuant to this section. 183
However, the department may wai ve the knowledge, endorsement, 184
and skills tests for an applicant who is otherwise qualified , 185
except for an applicant who provides proof of identity under s. 186
322.08(2)(c)9., 10., 11., 12., 13., 14., 15., 16., 17., or 18., 187
and who surrenders a valid driver l icense from another state or 188
a province of Canada, or a valid driver license issued by the 189
United States Armed Forces, if the driver applies for a Florida 190
license of an equal or lesser classification. An applicant who 191
fails to pass the initial knowledge te st incurs a $10 fee for 192
each subsequent test, to be deposited into the Highway Safety 193
Operating Trust Fund, except that if a subsequent test is 194
administered by the tax collector, the tax collector shall 195
retain such $10 fee, less the general revenue service charge set 196
forth in s. 215.20(1). An applicant who fails to pass the 197
initial skills test incurs a $20 fee for each subsequent test, 198
to be deposited into the Highway Safety Operating Trust Fund, 199
except that if a subsequent test is administered by the tax 200
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collector, the tax collector shall retain such $20 fee, less the 201
general revenue service charge set forth in s. 215.20(1). A 202
person who seeks to retain a hazardous -materials endorsement, 203
pursuant to s. 322.57(1)(e), must pass the hazardous -materials 204
test, upon surrendering his or her commercial driver license, if 205
the person has not taken and passed the hazardous -materials test 206
within 2 years before applying for a commercial driver license 207
in this state. 208
Section 3. Section 322.142, Florida Statutes, is amended 209
to 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 213
fee, issue to each qualified applicant for a driver license a 214
color photographic or digi tal imaged driver license bearing a 215
fullface photograph or digital image of the licensee. 216
Notwithstanding chapter 761 or s. 761.05, the requirement for a 217
fullface photograph or digital image of the licensee may not be 218
waived. A space shall be provided upon which the licensee shall 219
affix his or her usual signature, as required in s. 322.14, in 220
the 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 th e required 223
fee, issue to each qualified licensee applying for a renewal 224
license in accordance with s. 322.18 a color photographic or 225
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digital 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 ac ceptable 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
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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 wi th 256
ss. 98.045 and 98.075 .; 257
(f) To the Department of Revenue pursuant to an 258
interagency agreement for use in establishing paternity and 259
establishing, modifying, or enforcing support obligations in 260
Title IV-D 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 Heal th 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 purs uant to an 275
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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 assist ance 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 290
identifying 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 i n 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
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(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 322
renew a driver license or learner's driver license that meets 323
federal standards for identification, the department may not 324
disclose or make accessible, in any manner, photographs and 325
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related information pertaining to persons whose image or 326
personal identifying information is possessed by the department 327
to any 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 pe rson 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 349
pursuant to 18 U.S.C. s. 2721(c), any person or entity that 350
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receives or has access to information from the department under 351
this subsection must keep for a period of 5 years r ecords: 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
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(2) Each applicant who is entitled to t he 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 a uthorized in s. 322.08(2)(c)7.-13. s. 381
322.08(2)(c)7. or 8. , the driver license shall expire 8 years 1 382
year after the date of issuance or upon the expiration date 383
cited on the United States Department of Homeland Security 384
documents, whichever date first occ urs. 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 shall expire 8 years after the date of 389
issuance. 390
(4) 391
(c)1. Notwithstanding any other provision of this chapter, 392
if a licensee establishes his or her identity for a driver 393
license using an identification document authorized under s. 394
322.08(2)(c)7.-13. s. 322.08(2)(c)7. or 8. , the licensee may not 395
renew the driver license except in person and upon submission of 396
an identification document authorized under s. 322.08(2)(c)7.-397
13. s. 322.08(2)(c)7. or 8. A driver license renewed under this 398
subparagraph paragraph expires 8 years 1 year after the date of 399
issuance or upon the expiration date cited on the United States 400
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Department of Homeland Security documents, whichever date first 401
occurs. 402
2. Notwithstanding any other provision of this chapter, if 403
a licensee establishes his or her identity for a driver license 404
using an identification document authorized under s. 405
322.08(2)(c)14.-18., the licensee may not renew the driver 406
license except in person and upon submission of an 407
identification document authorized under s. 322.08(2)(c)14. -18. 408
A driver license renewed under this subparagraph expires 8 years 409
after the date of issuance. 410
Section 6. Subsection (4) of section 322.19, Florida 411
Statutes, is amended to read: 412
322.19 Change of address or name. — 413
(4) Notwithstanding any other provision of this chapter, 414
if a licensee established his or her identity for a driver 415
license using an identification document authorized under s. 416
322.08(2)(c)7.-18. s. 322.08(2)(c)7. or 8. , the licensee may not 417
change his or her name or address except in person and upon 418
submission of an identification document authorized under s. 419
322.08(2)(c)7.-18. s. 322.08(2)(c)7. or 8. 420
Section 7. Section 760.45, Florida Statutes, is created to 421
read: 422
760.45 Discrimination on the basis of certain driver 423
licenses prohibited. — 424
(1) A person or entity, including a business establishment 425
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or an employer, may not discriminate against an individual 426
because the individual holds or presents a driver license t hat 427
does not comply with the REAL ID Act of 2005, Pub. L. No. 109 -428
13. 429
(2) An employer may not require an employee to present a 430
driver license unless possessing a driver license is required by 431
law or is lawfully required by the employer. This subsection m ay 432
not be construed to limit or expand an employer's authority to 433
require a person to possess a driver license. 434
(3) This section may not be construed to do either of the 435
following: 436
(a) Alter an employer's rights or obligations under the 437
Immigration and Nationality Act, 8 U.S.C. s. 1324(a), regarding 438
obtaining documentation that evidences identity and 439
authorization for employment. 440
(b) Prohibit any other action taken by an employer which 441
is required under 8 U.S.C. s. 1324a(a). 442
(4) The state or a local government; an agent or person 443
acting on behalf of the state or a local government; or a 444
program or activity that is funded directly by, or receives 445
financial assistance from, the state may not discriminate 446
against an individual b ecause the individual holds or presents a 447
driver license that does not comply with the REAL ID Act of 448
2005, Pub. L. No. 109 -13. This prohibition includes, but is not 449
limited to, notifying a law enforcement agency of the 450
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individual's identity or that the in dividual holds a driver 451
license that does not comply with the REAL ID Act of 2005, Pub. 452
L. No. 109-13, if a notification is not required by law or would 453
not have been provided if the individual's driver license had 454
been compliant with such act. 455
Section 8. This act shall take effect July 1, 2023. 456