SESSION WATCH
Died SENATE · SESSION 2026

No. SB 328

Immigration, Law Enforcement, and State-issued Identification
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SPONSOR
Smith
FILED BY
Carlos Guillermo Smith — District 17, Democrat [search donations]
EFFECTIVE
7/1/2026
DIED IN
Commerce and Tourism

Filed under Criminal Justice.

PROVIDED SUMMARY

Immigration, Law Enforcement, and State-issued Identification; Citing this act as the “Florida Economic Prosperity and Immigration Act”; requiring proof of a specified identification number for certain applicants for a driver license; prohibiting the Department of Highway Safety and Motor Vehicles from disclosing or making accessible certain photographs and related information to any agency that primarily enforces immigration law or to any employee or agent of such agency; deleting the requirement for certain private employers to use the E-Verify system; providing that discrimination based on a person’s immigration status is unlawful; requiring covered immigration officers to wear specified visible identification during public immigration enforcement functions, etc.

Full bill text →

Plain English Summary

AI-GENERATED
Removes E-Verify mandate and adds immigration status to civil rights protections.

The bill repeals the requirement for private employers with 25 or more employees to use the E-Verify system to verify new hires' work eligibility.

It adds immigration status to the list of protected classes under the Florida Civil Rights Act, making discrimination based on status unlawful in employment and housing.

The Department of Highway Safety and Motor Vehicles is prohibited from sharing driver license photographs with agencies that primarily enforce immigration law.

Applicants may now use foreign passports and birth certificates to prove identity when applying for a Florida driver license.

KEY PROVISIONS
§ 1 Expanded Acceptable Documents for Driver's License Applications majors. 322.08(2)(c)

AIAllows applicants to use foreign passports, birth certificates, and other documents to prove identity, expanding who can obtain a Florida license.

“9. A passport issued by a foreign government. 10. A birth certificate issued by a foreign government. 11. A consular identification document.” bill text, line 329 →
§ 2 Restriction on Sharing License Photos with Immigration Enforcement majors. 322.142(4)(c)

AIProhibits the Department of Highway Safety and Motor Vehicles from sharing license photographs and related data with agencies that primarily enforce immigration law.

“except as provided in subsection (5).” bill text, line 422 →
§ 3 Driver License Privacy Act majors. 322.142(5)(c)

AIProhibits the Department of Highway Safety and Motor Vehicles from sharing driver license photographs and related information with federal immigration enforcement agencies without a federal court order or judicial warrant.

“the department may not disclose or make accessible, in any manner, to any agency that primarily enforces immigration law” bill text, line 500 →
§ 4 E-Verify Requirement Repealed for Private Employers majors. 448.095(2)(b)

AIRemoves the mandate for private employers with 25 or more employees to use the E-Verify system to verify new employees' work eligibility.

“a private employer with 25 or more employees shall use the E-Verify system” bill text, line 615 →
§ 5 Immigration Status Added to Civil Rights Act majors. 760.01(2)

AIMakes it unlawful to discriminate against individuals based on their immigration status in employment, housing, public accommodations, and other areas covered by the Florida Civil Rights Act.

“freedom from discrimination because of race, color, religion, sex, pregnancy, national origin, age, handicap, immigration status, or marital status” bill text, line 714 →
§ 6 New Driver License Discrimination Prohibition majors. 760.45(1)

AICreates a new state-law prohibition against discriminating against individuals based on holding a non-REAL ID compliant driver license.

“may not discriminate against an individual because the individual holds or presents a driver license that does not comply with the REAL ID Act of 2005” bill text, line 956 →
§ 7 Employer Driver License Presentation Limits majors. 760.45(2)

AIProhibits employers from requiring employees to present a driver license unless possession is legally or lawfully required by the employer.

“An employer may not require an employee to present a driver license unless possessing a driver license is required by law or is lawfully required by the employer” bill text, line 960 →
§ 8 Felony Reclassification for Reentry Convictions majors. 775.0848

AIReclassifies felonies committed after a prior conviction for reentry of removed aliens to one degree higher, up to a life felony.

“A person who has been previously convicted of a crime relating to the reentry of removed aliens under 8 U.S.C. s. 1326 shall have the penalty for committing a felony after such” bill text, line 1012 →
TIMELINE
3/13/2026
Died in Commerce and Tourism
1/13/2026
Introduced
11/17/2025
Referred to Commerce and Tourism; Appropriations Committee on...
11/3/2025
Filed
STATUTES IT CHANGES
s. 20.60
+178 / −0
s. 322.08
+333 / −78
s. 322.12
+23 / −0
s. 322.142
+442 / −20
s. 322.17
+5 / −9
s. 322.18
+117 / −29