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
HB 163 2023
1 A bill to be entitled
2 An act relating to driver license and identification
3 card gender designation; amending ss. 322.08 and
4 322.051, F.S.; requiring an application for a driver
5 license or identification card to provide for male,
6 female, or nonbinary gender designation; amending ss.
7 98.093, 320.05, 322.091, 322.14, and 322.17, F.S.;
8 conforming provisions to changes made by the act;
9 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 (2) of section
14 322.08, Florida Statutes, is amended to read:
15 322.08 Application for license; requirements for license
16 and identification card forms.—
17 (2) Each such application shall include the following
18 information regarding the applicant:
19 (a)1. Full name, which must include the applicant's
20 (first, middle or maiden, and last names.),
21 2. Gender designation, which must provide for male,
22 female, or nonbinary designation.
23 3. Proof of social security card number satisfactory to
24 the department, which may include a military identification
25 card.,
Page 1 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb0163-00
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
HB 163 2023
26 4. County of residence.,
27 5. Mailing address.,
28 6. Proof of residential address satisfactory to the
29 department.,
30 7. Country of birth., and
31 8. A brief description.
32 Section 2. Paragraph (a) of subsection (1) of section
33 322.051, Florida Statutes, is amended to read:
34 322.051 Identification cards.—
35 (1) Any person who is 5 years of age or older, or any
36 person who has a disability, regardless of age, who applies for
37 a disabled parking permit under s. 320.0848, may be issued an
38 identification card by the department upon completion of an
39 application and payment of an application fee.
40 (a) The application must include the following information
41 regarding the applicant:
42 1.a. Full name, which must include the applicant's (first,
43 middle or maiden, and last names.),
44 b. Gender designation, which must provide for male,
45 female, or nonbinary designation.
46 c. Proof of social security card number satisfactory to
47 the department, which may include a military identification
48 card.,
49 d. County of residence.,
50 e. Mailing address.,
Page 2 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb0163-00
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
HB 163 2023
51 f. Proof of residential address satisfactory to the
52 department.,
53 g. Country of birth., and
54 h. A brief description.
55 2. Proof of birth date satisfactory to the department.
56 3. Proof of identity satisfactory to the department. Such
57 proof must include one of the following documents issued to the
58 applicant:
59 a. A driver license record or identification card record
60 from another jurisdiction that required the applicant to submit
61 a document for identification which is substantially similar to
62 a document required under sub-subparagraph b., sub-subparagraph
63 c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
64 f., sub-subparagraph g., or sub-subparagraph h.;
65 b. A certified copy of a United States birth certificate;
66 c. A valid, unexpired United States passport;
67 d. A naturalization certificate issued by the United
68 States Department of Homeland Security;
69 e. A valid, unexpired alien registration receipt card
70 (green card);
71 f. A Consular Report of Birth Abroad provided by the
72 United States Department of State;
73 g. An unexpired employment authorization card issued by
74 the United States Department of Homeland Security; or
75 h. Proof of nonimmigrant classification provided by the
Page 3 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb0163-00
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
HB 163 2023
76 United States Department of Homeland Security, for an original
77 identification card. In order to prove nonimmigrant
78 classification, an applicant must provide at least one of the
79 following documents. In addition, the department may require
80 applicants to produce United States Department of Homeland
81 Security documents for the sole purpose of establishing the
82 maintenance of, or efforts to maintain, continuous lawful
83 presence:
84 (I) A notice of hearing from an immigration court
85 scheduling a hearing on any proceeding.
86 (II) A notice from the Board of Immigration Appeals
87 acknowledging pendency of an appeal.
88 (III) A notice of the approval of an application for
89 adjustment of status issued by the United States Citizenship and
90 Immigration Services.
91 (IV) An official documentation confirming the filing of a
92 petition for asylum or refugee status or any other relief issued
93 by the United States Citizenship and Immigration Services.
94 (V) A notice of action transferring any pending matter
95 from another jurisdiction to Florida, issued by the United
96 States Citizenship and Immigration Services.
97 (VI) An order of an immigration judge or immigration
98 officer granting relief that authorizes the alien to live and
99 work in the United States, including, but not limited to,
100 asylum.
Page 4 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb0163-00
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
HB 163 2023
101 (VII) Evidence that an application is pending for
102 adjustment of status to that of an alien lawfully admitted for
103 permanent residence in the United States or conditional
104 permanent resident status in the United States, if a visa number
105 is available having a current priority date for processing by
106 the United States Citizenship and Immigration Services.
107 (VIII) On or after January 1, 2010, an unexpired foreign
108 passport with an unexpired United States Visa affixed,
109 accompanied by an approved I-94, documenting the most recent
110 admittance into the United States.
111
112 An identification card issued based on documents required in
113 sub-subparagraph g. or sub-subparagraph h. is valid for a period
114 not to exceed the expiration date of the document presented or 1
115 year, whichever occurs first.
116 Section 3. Paragraph (g) of subsection (2) of section
117 98.093, Florida Statutes, is amended to read:
118 98.093 Duty of officials to furnish information relating
119 to deceased persons, persons adjudicated mentally incapacitated,
120 persons convicted of a felony, and persons who are not United
121 States citizens.—
122 (2) To the maximum extent feasible, state and local
123 government agencies shall facilitate provision of information
124 and access to data to the department, including, but not limited
125 to, databases that contain reliable criminal records and records
Page 5 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb0163-00
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
HB 163 2023
126 of deceased persons. State and local government agencies that
127 provide such data shall do so without charge if the direct cost
128 incurred by those agencies is not significant.
129 (g) The Department of Highway Safety and Motor Vehicles
130 shall furnish monthly to the department:
131 1. A list of those persons whose names have been removed
132 from the driver license database because they have been licensed
133 in another state. The list must contain the name, address, date
134 of birth, gender designation sex, social security number, and
135 driver license number of each such person.
136 2. A list of those persons who presented evidence of non-
137 United States citizenship upon being issued a new or renewed
138 Florida driver license or Florida identification card. The list
139 must contain the name; address; date of birth; social security
140 number, if applicable; and Florida driver license number or
141 Florida identification card number, as applicable, of each such
142 person.
143 Section 4. Paragraph (b) of subsection (3) of section
144 320.05, Florida Statutes, is amended to read:
145 320.05 Records of the department; inspection procedure;
146 lists and searches; fees.—
147 (3)
148 (b) Fees therefor shall be charged and collected as
149 follows:
150 1. For providing lists of motor vehicle or vessel records
Page 6 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb0163-00
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
HB 163 2023
151 for the entire state, or any part or parts thereof, divided
152 according to counties, a sum computed at a rate of not less than
153 1 cent nor more than 5 cents per item.
154 2. For providing noncertified photographic copies of motor
155 vehicle or vessel documents, $1 per page.
156 3. For providing noncertified photographic copies of
157 micrographic records, $1 per page.
158 4. For providing certified copies of motor vehicle or
159 vessel records, $3 per record.
160 5. For providing noncertified computer-generated printouts
161 of motor vehicle or vessel records, 50 cents per record.
162 6. For providing certified computer-generated printouts of
163 motor vehicle or vessel records, $3 per record.
164 7. For providing electronic access to motor vehicle,
165 vessel, and mobile home registration data requested by tag,
166 vehicle identification number, title number, or decal number, 50
167 cents per item.
168 8. For providing electronic access to driver license
169 status report by name, gender designation sex, and date of birth
170 or by driver license number, 50 cents per item.
171 9. For providing lists of licensed mobile home dealers and
172 manufacturers and recreational vehicle dealers and
173 manufacturers, $15 per list.
174 10. For providing lists of licensed motor vehicle dealers,
175 $25 per list.
Page 7 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb0163-00
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
HB 163 2023
176 11. For each copy of a videotape record, $15 per tape.
177 12. For each copy of the Division of Motorist Services
178 Procedures Manual, $25.
179 Section 5. Subsection (5) of section 322.091, Florida
180 Statutes, is amended to read:
181 322.091 Attendance requirements.—
182 (5) REPORTING AND ACCOUNTABILITY.—The department shall
183 report quarterly to each school district the legal name, gender
184 designation sex, date of birth, and social security number of
185 each student whose driving privileges have been suspended under
186 this section.
187 Section 6. Paragraph (a) of subsection (1) of section
188 322.14, Florida Statutes, is amended to read:
189 322.14 Licenses issued to drivers.—
190 (1)(a) The department shall, upon successful completion of
191 all required examinations and payment of the required fee, issue
192 to every qualified applicant a printed driver license that must
193 bear a color photograph or digital image of the licensee; the
194 name of the state; a distinguishing number assigned to the
195 licensee, which, beginning November 1, 2023, must have a minimum
196 of four randomly generated digits on each original, renewal, or
197 replacement driver license; and the licensee's full name, date
198 of birth, and residence address; a brief description of the
199 licensee, including, but not limited to, the licensee's gender
200 designation and height; and the dates of issuance and expiration
Page 8 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb0163-00
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
HB 163 2023
201 of the license. A space shall be provided upon which the
202 licensee shall affix his or her usual signature. A license is
203 invalid until it has been signed by the licensee except that the
204 signature of the licensee is not required if it appears thereon
205 in facsimile or if the licensee is not present within the state
206 at the time of issuance.
207 Section 7. Paragraphs (a) and (b) of subsection (1) of
208 section 322.17, Florida Statutes, are amended to read:
209 322.17 Replacement licenses and permits.—
210 (1)(a) In the event that an instruction permit or driver
211 license issued under the provisions of this chapter is lost or
212 destroyed, the person to whom the permit or license same was
213 issued may, upon payment of the appropriate fee pursuant to s.
214 322.21, obtain a replacement upon furnishing proof satisfactory
215 to the department that such permit or license has been lost or
216 destroyed, and further furnishing the full name, date of birth,
217 gender designation sex, residence and mailing address, proof of
218 birth satisfactory to the department, and proof of identity
219 satisfactory to the department.
220 (b) In the event that an instruction permit or driver
221 license issued under the provisions of this chapter is stolen,
222 the person to whom the permit or license same was issued may, at
223 no charg