Florida § 322.033 - Unauthorized aliens and undocumented immigrants; invalid out-of-state driver licenses.

§ 322.033. Unauthorized aliens and undocumented immigrants; invalid out-of-state driver licenses.

(1) The Legislature intends for only driver licenses or identification cards to be issued which meet all minimum security requirements of the REAL ID Act of 2005, Pub. L. No. 109-13. The department may not issue a driver license or identification card to a person who is an unauthorized alien or undocumented immigrant. (2) If a driver license is of a class of licenses issued by another state exclusively to unauthorized aliens or undocumented immigrants who are unable to prove lawful presence in the United States when the licenses are 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. Such classes of licenses include licenses that are issued exclusively to unauthorized aliens or 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 licenseholder did not exercise the option of providing proof of lawful presence. (3) A law enforcement officer or other authorized representative of the department who stops a person driving with an invalid license as described in subsection (2) and driving without a valid license shall issue a citation to the driver for driving without a license in violation of s. 322.03. (4) The department, to facilitate the enforcement of this section and to aid in providing notice to the public and visitors of invalid licenses, shall maintain on its website a list of out-of-state classes of driver licenses that are invalid in this state.