HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1451 Identification Documents
SPONSOR(S): Michael
TIED BILLS: IDEN./SIM. BILLS: SB 1174
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special 12 Y, 5 N Mwakyanjala Darden
Districts Subcommittee
2) State Affairs Committee 15 Y, 6 N Mwakyanjala Williamson
SUMMARY ANALYSIS
Current law prohibits counties and municipalities from providing funds to any person, entity, or organization for
the purpose of issuing an identification card or document to a person who does not provide proof of lawful
presence in the United States. Prior to the enactment of this prohibition, several counties had partnered with
local organizations to offer a community identification card that would enable residents to provide a form of
identification to law enforcement, schools, organizations, and social service agencies.
The bill prohibits a county or a municipality from accepting as identification any identification card or document
that is issued by any person, entity, or organization that knowingly issues identification cards or documents to
individuals who are not lawfully present in the United States. This prohibition does not extend to any
documentation that is issued by or on behalf of the Federal Government.
The bill does not appear to have a fiscal impact on state or local governments.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1451c.SAC
DATE: 2/21/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Immigration Laws
The Federal Government establishes and enforces immigration laws. The federal Immigration and
Nationality Act (INA) contains many of the provisions of immigration law.1
The Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement (ICE)
Enforcement and Removal Operations is responsible for enforcing the immigration laws and identifying,
apprehending, and removing aliens who are a risk to national security or public safety, who are in the
country illegally, or who undermine the integrity of the country’s immigration laws or border control
efforts.2
Ordinances
The Florida Constitution grants local governments broad home rule authority. Non-charter county
governments may exercise those powers of self-government that are provided by general or special
law.3 Counties operating under a county charter have all powers of self-government not inconsistent
with general law or special law approved by the vote of the electors.4 Municipalities have governmental,
corporate, and proprietary powers that enable them to conduct municipal government, perform
municipal functions and provide municipal services, and exercise any power for municipal purposes
except when expressly prohibited by law.5 A local government enactment may be inconsistent with
state law if the State Constitution preempts the subject area, the Legislature preempts the subject area,
or the Local enactment conflicts with a state statute.
Driver Licenses
Current law prohibits a person from driving any motor vehicle upon a Florida highway unless such
person has a valid driver license issued under ch. 322, F.S. 6 However, an individual is exempt from
obtaining a Florida driver license if he or she is a nonresident who is:7
At least 16 years of age and possesses a valid noncommercial driver license issued to him or
her in his or her home state or country and operating a type of motor vehicle for which a Class E
driver license is required in this state.
At least 18 years of age and possesses a valid noncommercial driver license issued to him or
her in his or her home state or country and operating a motor vehicle, other than a commercial
motor vehicle, in this state.
Current law establishes requirements governing the issuance of driver licenses by the Department of
Highway Safety and Motor Vehicles (DHSMV).8 An applicant for a driver license or identification card
must provide certain information, which is electronically verified with the Social Security Administration
to confirm the person’s identity, as required by the Real ID Act of 2005. Applicants must provide proof
1 8 U.S.C. 12.
2 U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations, Mission, https://www.ice.gov/ero (last visited
Jan. 26, 2024).
3 Art. VIII, s. 1(f), Fla. Const.
4 Art. VIII, s. 1(g), Fla. Const.
5 Art. VIII, s. 2(b); see also s. 166.021(1), F.S.
6 See s. 322.03, F.S.
7 S. 322.04(1)(c) and (d), F.S.
8 See s. 322.08, F.S.
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DATE: 2/21/2024
of identity that is satisfactory to DHSMV. The following documents constitute acceptable proof of
identification:9
A certified copy of a United States birth certificate.
A valid, unexpired passport or passport card.
A Certificate of Naturalization issued by the DHS.
A valid, unexpired alien registration receipt card (green card).
A Consular Report of Birth Abroad.
A valid, employment authorization card issued by DHSMV.
DHSMV may require an applicant for an original driver license to produce certain DHS or foreign
documents to prove nonimmigrant classification for the sole purpose of establishing continuous lawful
presence in the United States.10
DHSMV may waive the Class E knowledge (written) and skills requirements if an applicant for an
original driver license presents a valid driver license from another state, province of Canada, or the
United States Armed Forces when applying for a Florida driver license of equal or lesser
classification.11
Current law provides that if a driver license is of a class of licenses issued by another state exclusively
to undocumented immigrants who are unable to prove lawful presence in the United States when the
license was issued, the driver license, or other permit purporting to authorize the holder to operate a
motor vehicle on public roadways, is invalid in this state and does not authorize the holder to operate a
motor vehicle in this state.12 Such classes of licenses include licenses that are issued exclusively to
undocumented immigrants or licenses that are substantially the same as licenses issued to citizens,
residents, or those lawfully present in the United States but have markings establishing that the license
holder did not exercise the option of providing proof of lawful presence. A law enforcement officer or
other authorized representative of DHSMV who stops a person driving with such an invalid license
must issue a citation to the driver for driving without a license in violation of s. 322.03, F.S., a second
degree misdemeanor punishable by a fine of up to $500 or a term of imprisonment of up to 60 days. 13
States Issuing Driver Licenses to Undocumented Immigrants
Currently, 19 states and the District of Columbia have enacted laws allowing undocumented immigrants
to obtain a driver license.14 These states issue a license (or a driving privilege card) if an applicant
provides certain documentation, such as a foreign birth certificate, foreign passport, or consular card
and evidence of current residency in the state.
County and Municipal Community Identification Cards
Current law prohibits counties and municipalities from providing funds to any person, entity, or
organization for the purpose of issuing an identification card or document to a person who does not
provide proof of lawful presence in the United States.15
Prior to the enactment of this prohibition, several local governments had partnered with organizations to
offer community identification cards. Though these organizations may no longer receive funding from
their respective local governments as of July 1, 2023,16 counties and municipalities appear to continue
to accept identification cards issued by such organizations.
9 S. 322.08(2)(c), F.S.
10 S. 322.08(2)(c)8., F.S.
11 S. 322.12, F.S.
12 S. 322.033, F.S.
13 See ss. 775.082 or 775.083, F.S.
14 National Conference of State Legislatures, States Offering Driver’s Licenses to Immigrants, January 16, 2023,
https://www.ncsl.org/immigration/states-offering-drivers-licenses-to-immigrants (last visited Jan. 26, 2024). The 19 states are California,
Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexic o, New York,
Oregon, Rhode Island, Utah, Vermont, Virginia, and Washington .
15 Ss. 125.0156 and 166.246, F.S.
16 Id.
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DATE: 2/21/2024
In 2019, the City of West Palm Beach passed a resolution authorizing the city to accept identification
cards issued by People Engaged in Active Community Efforts, affiliated with Legal Aid in Palm Beach
County.17 The city appropriated $40,000 to the program to issue identification cards to those without
access to other forms of identification, including undocumented immigrants. Cards are issued under
this program for a fee of $20.
On January 31, 2023, the Board of County Commissioners for Miami-Dade County adopted a plan to
provide $200,000 in funding to Branches, a non-profit tax preparation entity, to issue county
identification cards to those without access to other forms of identification, including individuals who are
homeless or who are undocumented immigrants.18
Broward County approved a program for Legal Aid Service of Broward County to issue the Broward
Community ID Card for a fee of $20.19 The card is provided to individuals who can present a particular
form of current or expired identification and prove they are a Broward County resident with an address
effective within the past three months. The program cautions that the card neither authorizes driving or
entitlement to social welfare benefits nor affects the cardholder’s immigration status.
The City of Aventura and other municipalities offer resident identification cards that are conditioned on
presentation of government-issued identification, such as a valid driver license or passport, and proof of
residency. Cardholders can access discounted rates at fishing piers, city-owned recreational facilities,
reduced pricing on programs and activities, and free entrance to certain events. Cards may require a
small fee or may be provided for free and require renewal annually or may be valid for up to three
years, depending on the locality.20
Certain private organizations like the FaithAction International House, in conjunction with local
communities, have issued community identification cards with the goal of providing identification cards
to individuals who may not currently have access to government issued forms of identification.
FaithAction International House provides that the identification card is not a state issued form of
identification and cannot be used to vote, does not entitle the cardholder to any social welfare benefits,
and does not have any impact on an individual’s immigration status. 21
Effect of Proposed Changes
The bill prohibits a county or a municipality from accepting as identification any identification card or
document that is issued by any person, entity, or organization that knowingly issues identification cards
or documents to individuals who are not lawfully present in the United States. This prohibition does not
extend to any documentation that is issued by or on behalf of the Federal Government.
B. SECTION DIRECTORY:
Section 1: Amends s. 125.0156, F.S., relating to county restrictions on identification documents.
Section 2: Amends s. 166.246, F.S., relating to municipal restrictions on identification documents.
Section 3: Provides an effective date of July 1, 2024.
17
Chris Gilmore, New IDs for undocumented immigrants in Palm Beach County, WPTV West Palm Beach (Jun. 19, 2019),
https://www.wptv.com/news/local-news/immigrants -in-south-florida/new-ids-for-undocumented-immigrants-in-palm-beach-county (last
visited Jan. 26, 2024).
18 Lora Korpar, Florida County to Issue IDs to Undocumented Immigrants Through Third Party, Newsweek (Feb. 2, 2022),
https://www.newsweek.com/florida-county-issue-ids-undocumented-immigrants-through-third-party-1675585 (last visited Jan. 26,
2024).
19 Legal Aid Service of Broward County, Broward Community ID, https://www.browardlegalaid.org/communityid/ (last visited Jan 26,
2024).
20 See City of Aventura, Aventura ID Card, https://www.cityofaventura.com/221/Aventura-ID-Card; City of Delray Beach, Residency
(Activities) Identification Cards, https://www.delraybeachfl.gov/government/city-departments/city-clerk/residency-identification-cards;
City of Sunny Isles Beach, Resident ID Card, https://www.sibfl.net/ccs/residentid/; The Villages, Resident ID Card Information,
https://districtgov.org/departments/Community-Service/idCards.aspx (last visited Jan. 26, 2024).
21 Id.
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DATE: 2/21/2024
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None .
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill may result in reduced demand for government services by persons who are not lawfully present
in the United States. Additionally, the bill might reduce the potential for fraud based on the use of
unofficial identification documents.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.
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DATE: 2/21/2024
Statutes affected: H 1451 Filed: 125.0156, 166.246
H 1451 er: 125.0156, 166.246