Fla. Stat. § 322.08 : Motor Vehicles — Drivers' Licenses — Application for license; requirements for license and identification card forms

Current through Chapter 269 of the 2016 Legislative Session

(1) Each application for a driver's license shall be made in a format designated by the department and sworn to or affirmed by the applicant as to the truth of the statements made in the application.

(2) Each such application shall include the following information regarding the applicant:

(a) Full name (first, middle or maiden, and last), gender, proof of social security card number satisfactory to the department, which may include a military identification card, county of residence, mailing address, proof of residential address satisfactory to the department, country of birth, and a brief description.

(b) Proof of birth date satisfactory to the department.

(c) Proof of identity satisfactory to the department. Such proof must include one of the following documents issued to the applicant:

1. 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 subparagraph 2., subparagraph 3., subparagraph 4., subparagraph 5., subparagraph 6., subparagraph 7., or subparagraph 8.;

2. A certified copy of a United States birth certificate;

3. A valid, unexpired United States passport;

4. A naturalization certificate issued by the United States Department of Homeland Security;

5. A valid, unexpired alien registration receipt card (green card);

6. A Consular Report of Birth Abroad provided by the United States Department of State;

7. An unexpired employment authorization card issued by the United States Department of Homeland Security; or

8. Proof of nonimmigrant classification provided by the United States Department of Homeland Security, for an original driver license. 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:

a. A notice of hearing from an immigration court scheduling a hearing on any proceeding.

b. A notice from the Board of Immigration Appeals acknowledging pendency of an appeal.

c. A notice of the approval of an application for adjustment of status issued by the United States Citizenship and Immigration Services.

d. 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.

e. A notice of action transferring any pending matter from another jurisdiction to this state issued by the United States Citizenship and Immigration Services.

f. 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.

g. 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.

h. 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.

A driver license or temporary permit issued based on documents required in subparagraph 7. or subparagraph 8. is valid for a period not to exceed the expiration date of the document presented or 1 year.

(d) Whether the applicant has previously been licensed to drive, and, if so, when and by what state, and whether any such license or driving privilege has ever been disqualified, revoked, or suspended, or whether an application has ever been refused, and, if so, the date of and reason for such disqualification, suspension, revocation, or refusal.

(e) Each such application may include fingerprints and other unique biometric means of identity.

(3) Each such application shall include a consent to release driving record information, entitling the department to request, receive, and exchange such information with other jurisdictions.

(4) Each such application shall include the option for the applicant to register emergency contact information and the option to be contacted with information about state and federal benefits available as a result of military service.

(5) In addition to the requirements of subsections (1), (2), and (3), each application for a commercial driver's license shall include a certification as to whether the applicant is required by federal or state law to undergo biennial physical examinations and other certifications required by the department.

(6) The department may not issue a driver's license to a person who has never been issued a driver's license in any jurisdiction until he or she successfully completes the traffic law and substance abuse education course prescribed in s. 322.095.

(7) The department may not issue a driver's license or identification card, as described in s. 322.051, to an applicant if the applicant holds a valid driver's license or identification card issued by any state.

(8) The application form for an original, renewal, or replacement driver license or identification card must include language permitting the following:

(a) A voluntary contribution of $1 per applicant, which contribution shall be deposited into the Health Care Trust Fund for organ and tissue donor education and for maintaining the organ and tissue donor registry.

(b) A voluntary contribution of $1 per applicant, which shall be distributed to the Florida Council of the Blind.

(c) A voluntary contribution of $2 per applicant, which shall be distributed to the Hearing Research Institute, Incorporated.

(d) A voluntary contribution of $1 per applicant, which shall be distributed to the Juvenile Diabetes Foundation International.

(e) A voluntary contribution of $1 per applicant, which shall be distributed to the Children's Hearing Help Fund.

(f) A voluntary contribution of $1 per applicant, which shall be distributed to Family First, a nonprofit organization.

(g) A voluntary contribution of $1 per applicant to Stop Heart Disease, which shall be distributed to the Florida Heart Research Institute, a nonprofit organization.

(h) A voluntary contribution of $1 per applicant to Senior Vision Services, which shall be distributed to the Florida Association of Agencies Serving the Blind, Inc., a not-for-profit organization.

(i) A voluntary contribution of $1 per applicant for services for persons with developmental disabilities, which shall be distributed to The Arc of Florida.

(j) A voluntary contribution of $1 to the Ronald McDonald House, which shall be distributed each month to Ronald McDonald House Charities of Tampa Bay, Inc.

(k) Notwithstanding s. 322.081, a voluntary contribution of $1 per applicant, which shall be distributed to the League Against Cancer/La Liga Contra el Cancer, a not-for-profit organization.

(l) A voluntary contribution of $1 per applicant to Prevent Child Sexual Abuse, which shall be distributed to Lauren's Kids, Inc., a nonprofit organization.

(m) A voluntary contribution of $1 per applicant, which shall be distributed to Prevent Blindness Florida, a not-for-profit organization, to prevent blindness and preserve the sight of the residents of this state.

(n) Notwithstanding s. 322.081, a voluntary contribution of $1 per applicant to the state homes for veterans, to be distributed on a quarterly basis by the department to the State Homes for Veterans Trust Fund, which is administered by the Department of Veterans' Affairs.

(o) A voluntary contribution of $1 per applicant to the Disabled American Veterans, Department of Florida, which shall be distributed quarterly to Disabled American Veterans, Department of Florida, a nonprofit organization.

(p) A voluntary contribution of $1 per applicant for Autism Services and Supports, which shall be distributed to Achievement and Rehabilitation Centers, Inc., Autism Services Fund.

(q) A voluntary contribution of $1 per applicant to Support Our Troops, which shall be distributed to Support Our Troops, Inc., a Florida not-for-profit organization.

(r) A voluntary contribution of $1 or more per applicant, which shall be distributed to the Auto Club Group Traffic Safety Foundation, Inc., a not-for-profit organization.

(s) Notwithstanding s. 322.081, a voluntary contribution of $1 per applicant to aid the homeless. Contributions made pursuant to this paragraph shall be deposited into the Grants and Donations Trust Fund of the Department of Children and Families and used by the State Office on Homelessness to supplement grants made under s. 420.622(4) and (5), provide information to the public about homelessness in the state, and provide literature for homeless persons seeking assistance.

(t) [As added by 2015 Fla. Laws, ch. 163] A voluntary contribution of $1 or more per applicant to End Breast Cancer, which shall be distributed to the Florida Breast Cancer Foundation.

(t) [As added by 2015 Fla. Laws, ch. 60] A voluntary contribution of $1 or more per applicant to End Breast Cancer, which shall be distributed to the Florida Breast Cancer Coalition Research Foundation, Inc., a not-for-profit organization.

A statement providing an explanation of the purpose of the trust funds shall also be included. For the purpose of applying the service charge provided under s. 215.20, contributions received under paragraphs (b)-(t) are not income of a revenue nature.

(9)

(a) To support the carrying out of the duties of the Department of Veterans' Affairs prescribed in s. 292.05 and to facilitate its outreach to veterans residing in this state, the application form for an original, a renewal, or a replacement driver license or identification card must include a voluntary checkoff authorizing a veteran of the United States Armed Forces to request written or electronic information on federal, state, and local benefits and services available to veterans. The veteran may elect to receive requested information through United States mail or by e-mail. The requested information shall be delivered to the veteran by any third-party provider selected by the Department of Veterans' Affairs to act on its behalf.

(b) The department shall collaborate with the Department of Veterans' Affairs to administer this subsection. The department shall report monthly to the Department of Veterans' Affairs the name and mailing address or email address of each veteran who requests information as provided in paragraph (a). Following receipt of the monthly report, the Department of Veterans' Affairs shall disseminate the contact information for each such veteran to the third-party provider acting on its behalf. The third-party provider must be a nonprofit organization with sufficient ability to communicate with veterans residing throughout this state. For purposes of this paragraph, the term "nonprofit organization" means an organization exempt from the federal income tax under s. 501 of the Internal Revenue Code of 1986 or any federal, state, or local governmental entity.

(c) In addition to the requirements of paragraph (b), the Department of Veterans' Affairs shall disseminate the contact information for a veteran who selects the voluntary checkoff to the appropriate county or city veteran service officer in order to facilitate further outreach to veterans.

(d)

1. The contact information of a veteran which is obtained by a third-party provider pursuant to this subsection may be used only as authorized by this subsection. The third-party provider may not sell such contact information. Except as otherwise provided, the third-party provider must maintain the confidentiality of the contact information in accordance with chapter 119 and the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq.

2. A person who willfully and knowingly violates this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(10) The department may collect electronic mail addresses and use electronic mail in lieu of the United States Postal Service for the purpose of providing renewal notices.

Fla. Stat. § 322.08

Amended by 2016 Fla. Laws, ch. 242,s 2, eff. 7/1/2016.

Amended by 2015 Fla. Laws, ch. 163,s 14, eff. 10/1/2015.

Amended by 2015 Fla. Laws, ch. 85,s 2, eff. 7/1/2015.

Amended by 2015 Fla. Laws, ch. 60,s 2, eff. 7/1/2015.

Amended by 2013 Fla. Laws, ch. 74,s 2, eff. 10/1/2013.

Amended by 2013 Fla. Laws, ch. 160,s 47, eff. 7/1/2013.

s. 20, ch. 19551, 1939; CGL 1940 Supp. 4151(634); s. 20, ch. 20451, 1941; s. 1, ch. 71-74; s. 8, ch. 78-394; s. 1, ch. 85-98; s. 2, ch. 89-134; s. 14, ch. 89-282; s. 12, ch. 91-82; s. 28, ch. 91-107; s. 6, ch. 91-243; s. 403, ch. 95-148; s. 2, ch. 95-423; s. 24, ch. 96-413; s. 31, ch. 96-418; s.2, ch. 98-68; ss.40, 74, 282, ch. 99-248; s.36, ch. 2000-313; s.4, ch. 2002-76; s.2, ch. 2002-259; s.28, ch. 2004-5; s.7, ch. 2004-235; s.1, ch. 2005-68; ss.19, 71, ch. 2005-164; s.42, ch. 2006-290; s.6, ch. 2008-9; s.2, ch. 2008-102; s.28, ch. 2008-176; s.1, ch. 2009-100; s.11, ch. 2009-183; s.2, ch. 2010-82; s.2, ch. 2010-86; s.32, ch. 2010-223; s.1, ch. 2011-166; s.2, ch. 2012-86; s.50, ch. 2012-181.

For a description of multiple provisions in the same session affecting a statutory provision, see preface to the Florida Statutes, "Statutory Construction."