Bill Summary – FastDemocracy

       Florida Senate - 2023                                     SB 874



       By Senator Torres





       25-01183-23                                            2023874__
                      A bill to be entitled                      
       An act relating to driver license and identification
       card gender designation; amending ss. 322.051 and
       322.08, F.S.; requiring an application for an
       identification card or a driver license to provide for
       male, female, or nonbinary gender designation;
       amending ss. 98.093, 320.05, 322.091, 322.14, and
       322.17, F.S.; conforming provisions to changes made by
       the act; providing an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. Paragraph (a) of subsection (1) of section
322.051, Florida Statutes, is amended to read:
       322.051 Identification cards.—
       (1) Any person who is 5 years of age or older, or any
person who has a disability, regardless of age, who applies for
a disabled parking permit under s. 320.0848, may be issued an
identification card by the department upon completion of an
application and payment of an application fee.
       (a) The application must include all of the following
information regarding the applicant:
       1.a. Full name, which must include the applicant’s (first,
middle or maiden, and last names.),
       b. Gender designation, which must provide for male, female,
or nonbinary designation.
       c. Proof of social security card number satisfactory to the
department, which may include a military identification card.,
       d. County of residence.,
       e. Mailing address.,
       f. Proof of residential address satisfactory to the
department.,
       g. Country of birth., and
       h. A brief description.
       2. Proof of birth date satisfactory to the department.
       3. Proof of identity satisfactory to the department. Such
proof must include one of the following documents issued to the
applicant:
       a. A driver license record or identification card record
from another jurisdiction that required the applicant to submit
a document for identification which is substantially similar to
a document required under sub-subparagraph b., sub-subparagraph
c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
f., sub-subparagraph g., or sub-subparagraph h.;
       b. A certified copy of a United States birth certificate;
       c. A valid, unexpired United States passport;
       d. A naturalization certificate issued by the United States
Department of Homeland Security;
       e. A valid, unexpired alien registration receipt card
(green card);
       f. A Consular Report of Birth Abroad provided by the United
States Department of State;
       g. An unexpired employment authorization card issued by the
United States Department of Homeland Security; or
       h. Proof of nonimmigrant classification provided by the
United States Department of Homeland Security, for an original
identification card. In order to prove nonimmigrant
classification, an applicant must provide at least one of the
following documents. In addition, the department may require
applicants to produce United States Department of Homeland
Security documents for the sole purpose of establishing the
maintenance of, or efforts to maintain, continuous lawful
presence:
       (I) A notice of hearing from an immigration court
scheduling a hearing on any proceeding.
       (II) A notice from the Board of Immigration Appeals
acknowledging pendency of an appeal.
       (III) A notice of the approval of an application for
adjustment of status issued by the United States Citizenship and
Immigration Services.
       (IV) An official documentation confirming the filing of a
petition for asylum or refugee status or any other relief issued
by the United States Citizenship and Immigration Services.
       (V) A notice of action transferring any pending matter from
another jurisdiction to Florida, issued by the United States
Citizenship and Immigration Services.
       (VI) An order of an immigration judge or immigration
officer granting relief that authorizes the alien to live and
work in the United States, including, but not limited to,
asylum.
       (VII) Evidence that an application is pending for
adjustment of status to that of an alien lawfully admitted for
permanent residence in the United States or conditional
permanent resident status in the United States, if a visa number
is available having a current priority date for processing by
the United States Citizenship and Immigration Services.
       (VIII) On or after January 1, 2010, an unexpired foreign
passport with an unexpired United States Visa affixed,
accompanied by an approved I-94, documenting the most recent
admittance into the United States.

An identification card issued based on documents required in
sub-subparagraph g. or sub-subparagraph h. is valid for a period
not to exceed the expiration date of the document presented or 1
year, whichever occurs first.
       Section 2. Paragraph (a) of subsection (2) of section
322.08, Florida Statutes, is amended to read:
       322.08 Application for license; requirements for license
and identification card forms.—
       (2) Each such application shall include all of the
following information regarding the applicant:
       (a)1. Full name, which must include the applicant’s (first,
middle or maiden, and last names.),
       2. Gender designation, which must provide for male, female,
or nonbinary designation.
       3. Proof of social security card number satisfactory to the
department, which may include a military identification card.,
       4. County of residence.,
       5. Mailing address.,
       6. Proof of residential address satisfactory to the
department.,
       7. Country of birth., and
       8. A brief description.
       Section 3. Paragraph (g) of subsection (2) of section
98.093, Florida Statutes, is amended to read:
       98.093 Duty of officials to furnish information relating to
deceased persons, persons adjudicated mentally incapacitated,
persons convicted of a felony, and persons who are not United
States citizens.—
       (2) To the maximum extent feasible, state and local
government agencies shall facilitate provision of information
and access to data to the department, including, but not limited
to, databases that contain reliable criminal records and records
of deceased persons. State and local government agencies that
provide such data shall do so without charge if the direct cost
incurred by those agencies is not significant.
       (g) The Department of Highway Safety and Motor Vehicles
shall furnish monthly to the department:
       1. A list of those persons whose names have been removed
from the driver license database because they have been licensed
in another state. The list must contain the name, address, date
of birth, gender designation sex, social security number, and
driver license number of each such person.
       2. A list of those persons who presented evidence of non
United States citizenship upon being issued a new or renewed
Florida driver license or Florida identification card. The list
must contain the name; address; date of birth; social security
number, if applicable; and Florida driver license number or
Florida identification card number, as applicable, of each such
person.
       Section 4. Paragraph (b) of subsection (3) of section
320.05, Florida Statutes, is amended to read:
       320.05 Records of the department; inspection procedure;
lists and searches; fees.—
       (3)
       (b) Fees therefor shall be charged and collected as
follows:
       1. For providing lists of motor vehicle or vessel records
for the entire state, or any part or parts thereof, divided
according to counties, a sum computed at a rate of not less than
1 cent nor more than 5 cents per item.
       2. For providing noncertified photographic copies of motor
vehicle or vessel documents, $1 per page.
       3. For providing noncertified photographic copies of
micrographic records, $1 per page.
       4. For providing certified copies of motor vehicle or
vessel records, $3 per record.
       5. For providing noncertified computer-generated printouts
of motor vehicle or vessel records, 50 cents per record.
       6. For providing certified computer-generated printouts of
motor vehicle or vessel records, $3 per record.
       7. For providing electronic access to motor vehicle,
vessel, and mobile home registration data requested by tag,
vehicle identification number, title number, or decal number, 50
cents per item.
       8. For providing electronic access to driver license status
report by name, gender designation sex, and date of birth or by
driver license number, 50 cents per item.
       9. For providing lists of licensed mobile home dealers and
manufacturers and recreational vehicle dealers and
manufacturers, $15 per list.
       10. For providing lists of licensed motor vehicle dealers,
$25 per list.
       11. For each copy of a videotape record, $15 per tape.
       12. For each copy of the Division of Motorist Services
Procedures Manual, $25.
       Section 5. Subsection (5) of section 322.091, Florida
Statutes, is amended to read:
       322.091 Attendance requirements.—
       (5) REPORTING AND ACCOUNTABILITY.—The department shall
report quarterly to each school district the legal name, gender
designation sex, date of birth, and social security number of
each student whose driving privileges have been suspended under
this section.
       Section 6. Paragraph (a) of subsection (1) of section
322.14, Florida Statutes, is amended to read:
       322.14 Licenses issued to drivers.—
       (1)(a) The department shall, upon successful completion of
all required examinations and payment of the required fee, issue
to every qualified applicant a printed driver license that must
bear a color photograph or digital image of the licensee; the
name of the state; a distinguishing number assigned to the
licensee, which, beginning November 1, 2023, must have a minimum
of four randomly generated digits on each original, renewal, or
replacement driver license; and the licensee’s full name, date
of birth, and residence address; a brief description of the
licensee, including, but not limited to, the licensee’s gender
designation and height; and the dates of issuance and expiration
of the license. A space shall be provided upon which the
licensee shall affix his or her usual signature. A license is
invalid until it has been signed by the licensee except that the
signature of the licensee is not required if it appears thereon
in facsimile or if the licensee is not present within the state
at the time of issuance.
       Section 7. Paragraphs (a) and (b) of subsection (1) of
section 322.17, Florida Statutes, are amended to read:
       322.17 Replacement licenses and permits.—
       (1)(a) In the event that an instruction permit or driver
license issued under the provisions of this chapter is lost or
destroyed, the person to whom the permit or license same was
issued may, upon payment of the appropriate fee pursuant to s.
322.21, obtain a replacement upon furnishing proof satisfactory
to the department that such permit or license has been lost or
destroyed, and further furnishing the full name, date of birth,
gender designation sex, residence and mailing address, proof of
birth satisfactory to the department, and proof of identity
satisfactory to the department.
       (b) In the event that an instruction permit or driver
license issued under the provisions of this chapter is stolen,
the person to whom the permit or license same was issued may, at
no charge, obtain a replacement upon furnishing proof
satisfactory to the department that such permit or license was
stolen and further furnishing the full name, date of birth,
gender designation sex, residence and mailing address, proof of
birth satisfactory to the department, and proof of identity
satisfactory to the department.
       Section 8. This act shall take effect July 1, 2023.
Statutes affected: 
S 874 Filed: 322.051, 322.08, 98.093, 320.05, 322.091, 322.14