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 1527 2024
1 A bill to be entitled
2 An act relating to immigration and state-issued
3 identification; providing a short title; providing
4 legislative intent; amending s. 117.107, F.S.;
5 prohibiting notary publics from using specified terms
6 to describe themselves in certain circumstances;
7 amending s. 322.08, F.S.; requiring proof of a
8 specified identification number for certain applicants
9 for a driver license; deleting a provision authorizing
10 the Department of Highway Safety and Motor Vehicles to
11 require applicants to produce certain documents fro m
12 the Department of Homeland Security for certain
13 purposes; authorizing additional specified documents
14 issued by foreign governments to satisfy proof-of-
15 identity requirements; providing that a driver license
16 or temporary permit issued based on specified
17 documents is valid for a specified period; deleting a
18 provision authorizing applications to include
19 fingerprints and other unique biometric means of
20 identity; amending s. 322.12, F.S.; prohibiting the
21 department from waiving certain tests for applicants
22 who provide proof of identity using specified foreign
23 documents; amending s. 322.142, F.S.; providing a
24 short title; defining the term "agency that primarily
25 enforces immigration law"; prohibiting the department
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26 from disclosing or making accessible certain
27 photographs and related information to any agency that
28 primarily enforces immigration law; providing
29 exceptions; requiring that the department notify a
30 person about whom certain information was requested;
31 requiring that the department require a person or
32 entity to certify specified information before any
33 such person or entity receives or has access to
34 certain information; requiring such person or entity
35 to keep certain records for a specified period;
36 requiring that such records be maintained in a manner
37 and form prescribed by department rule and be
38 available for inspection by the department; amending
39 ss. 322.17, 322.18, and 322.19, F.S.; prohibiting a
40 licensee from obtaining a duplicate or replacement
41 instruction permit or driver license, renewing a
42 driver license, or changing his or her name or
43 address, respectively, except in person and upon
44 submission of specified identification documents under
45 certain circumstances; conforming provisions to
46 changes made by the act; creating s. 760.45, F.S.;
47 prohibiting a person or an entity from discriminating
48 against an individual because the individual holds or
49 presents a driver license that does not comply with
50 the REAL ID Act of 2005; prohibiting an employer from
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51 requiring an employee to present a driver license;
52 providing exceptions; providing construction;
53 prohibiting the state or a local government or a
54 program or activity that receives financial assistance
55 from the state from discriminating against an
56 individual because the individual holds or presents a
57 driver license that does not comply with the REAL ID
58 Act of 2005; repealing s. 395.3027, F.S., relating to
59 patient immigration status data collection by
60 hospitals; amending s. 402.307, F.S.; specifying that
61 a child's immigration status may not be a reason for
62 denying licensure of a child-caring agency; amending
63 s. 448.095, F.S.; deleting a requirement that certain
64 private employers use the E-Verify system to verify a
65 new employee's eligibility to work; deleting a
66 requirement that an employer discontinue employing a
67 person after learning that the person is or has become
68 an unauthorized alien; revising requirements for
69 public agency contracting; amending s. 760.01, F.S.;
70 adding immigration status to the purposes of the
71 Florida Civil Rights Act; requiring the state and
72 political subdivisions to accept identification
73 documents issued by certain entities; requiring the
74 Department of Commerce to establish criteria for a
75 specified program relating to identification
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76 documents; amending s. 454.021, F.S.; deleting
77 provisions relating to licenses to practice law for
78 certain unauthorized immigrants; deleting the future
79 repeal of specified provisions; providing that, unless
80 required by federal law, a person's immigration status
81 alone may not determine the person's ability to obtain
82 professional or occupational licenses in the state;
83 repealing s. 787.07, F.S., relating to human
84 smuggling; amending s. 908.11, F.S.; prohibiting law
85 enforcement agencies from entering into or renewing
86 certain agreements with the United States Immigration
87 and Customs Enforcement; revising a reporting
88 requirement; amending s. 908.102, F.S.; providing and
89 revising definitions; repealing s. 908.103, F.S.,
90 relating to a prohibition on sanctuary policies;
91 amending s. 908.104, F.S.; deleting provisions
92 relating to support of federal immigration law by law
93 enforcement agencies; revising provisions concerning
94 cooperation with federal immigration authorities by
95 correctional facilities; repealing s. 908.105, F.S.,
96 relating to duties of law enforcement agencies
97 concerning to immigration detainers; repealing s.
98 908.106, F.S., relating to reimbursement of costs of
99 housing certain persons subject to immigration
100 detainers; amending s. 908.107, F.S.; providing for
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101 the award of damages for certain violations; deleting
102 provisions concerning violations of provisions
103 relating to sanctuary policies; repealing s. 908.111,
104 F.S., relating to a prohibition against governmental
105 entity contracts with common carriers; creating s.
106 908.112, F.S.; specifying duties of certain officials
107 concerning certification of certain activities in
108 support of visa applications; creating s. 908.113,
109 F.S.; prohibiting certain persons from offering
110 certain services concerning assistance in immigration
111 matters; requiring certain businesses offering
112 immigration assistance to make a required disclosure;
113 providing exceptions; amending s. 943.325, F.S.;
114 revising provisions relating to collection of DNA
115 samples from persons held on immigration detainers;
116 amending s. 1002.31, F.S.; providing for preferential
117 treatment in controlled open enrollment to specified
118 children; amending s. 1003.21, F.S.; specifying that a
119 child's immigration status does not affect access to
120 public schools; amending s. 1009.26, F.S.; revising
121 requirements for certain fee waivers; amending s.
122 1009.40, F.S.; providing that a student may not be
123 denied classification as a resident for purposes of
124 receiving state financial aid awards based solely upon
125 his or her immigration status if certain requirements
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126 are met; amending ss. 456.074, 480.041, 480.043,
127 775.30, 794.056, 921.0022, and 938.085, F.S.;
128 conforming provisions to changed made by the act;
129 providing effective dates.
130
131 Be It Enacted by the Legislature of the State of Florida:
132
133 Section 1. (1) This act may be cited as the "Welcoming
134 Florida Act."
135 (2) It is the intent of the Legislature that the
136 "Welcoming Florida Act" is centered on promoting the values that
137 all Floridians share of fairness, safety, and prosperity. The
138 Legislature finds that it is time to turn the page on policies
139 that have failed the Florida economy and the millions of Florida
140 families and return to values of treating everyone in our state
141 with dignity and respect as contributing members of our society
142 and economy, regardless of where they come from. This is a
143 moment to open our arms to people who want to help build a
144 brighter future together. The outcomes of recent legislation
145 have been clearly and demonstrably harmful to Floridians and our
146 economy. The state has an opportunity to embody our shared
147 values while also putting the economic prosperity of our
148 communities first.
149 Section 2. Subsection (13) is added to section 117.107,
150 Florida Statutes, to read:
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151 117.107 Prohibited acts.—
152 (13) A notary public, who does not hold an active license
153 to practice law in a state of the United States and is not
154 otherwise permitted to practice law or represent others under
155 federal law in an immigration matter, may not use the term
156 notario publico, notario, immigration assistant, immigration
157 consultant, immigration specialist, or any other designation or
158 title, in any language, which conveys or implies that he or she
159 possesses professional legal skills in immigration law, when
160 advertising his or her notary public services.
161 Section 3. Subsection (2) of section 322.08, Florida
162 Statutes, is amended to read:
163 322.08 Application for license; requirements for license
164 and identification card forms.—
165 (2) Each such application shall include the following
166 information regarding the applicant:
167 (a) Full name (first, middle or maiden, and last), gender,
168 proof of social security card number satisfactory to the
169 department, which may include a military identification card,
170 county of residence, mailing address, proof of residential
171 address satisfactory to the department, country of birth, and a
172 brief description. An applicant who cannot provide a social
173 security card must provide proof of a number associated with a
174 document establishing identity, as specified in paragraph (c).
175 (b) Proof of birth date satisfactory to the department.
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176 (c) Proof of identity satisfactory to the department. Such
177 proof must include one of the following documents issued to the
178 applicant:
179 1. A driver license record or identification card record
180 from another jurisdiction that required the applicant to submit
181 a document for identification which is substantially similar to
182 a document required under subparagraph 2., subparagraph 3.,
183 subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
184 7., or subparagraph 8.;
185 2. A certified copy of a United States birth certifica te.;
186 3. A valid, unexpired United States passport.;
187 4. A naturalization certificate issued by the United
188 States Department of Homeland Security.;
189 5. A valid, unexpired alien registration receipt card
190 (green card).;
191 6. A Consular Report of Birth Abroad provided by the
192 United States Department of State.;
193 7. An unexpired employment authorization card issued by
194 the United States Department of Homeland Security.; or
195 8. Any of the following documents Proof of nonimmigrant
196 classification provided by the United States Department of
197 Homeland Security, for an original driver license. In order to
198 prove nonimmigrant classification, an applicant must provide at
199 least one of the following documents. In addition, the
200 department may require applicants to produce United States
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201 Department of Homeland Security documents for the sole purpose
202 of establishing the maintenance of, or efforts to maintain,
203 continuous lawful presence:
204 a. A notice of hearing from an immigration court
205 scheduling a hearing on any proceeding.
206 b. A notice from the Board of Immigration Appeals
207 acknowledging pendency of an appeal.
208 c. A notice of the approval of an application for
209 adjustment of status issued by the United States Citizenship and
210 Immigration Services