New Law in Florida Invalidating Recognition in Florida of CT, DE, HI, and VT Driver Licenses

You may have heard a recent rumor that drivers’ licenses from certain states are no longer valid in the State of Florida as of July 1, 2023. Well, as crazy as it sounds, this rumor is actually true… kind of. 

At the outset, we’re happy to report that, with just a few exceptions, the reality is that this new state law should not impact 99% of our clients reading this update. That said, it is worth a minute or two of your time to read on and ensure that you or your business don’t fall within the unlucky 1% who will need to deal with these new restrictions, even if only temporarily.

If your or an employee’s current drivers’ license was issued in Vermont, Connecticut, Hawaii, or Delaware, you might need to hear this. If not, you’re off the hook! We’ll see you next time. But if you are that potential 1%, you’ll want to closely examine your (or your employee’s) license for any of the following asterisks:

• Connecticut licenses that indicate “Not For Federal Identification”;

• Delaware licenses that indicate “Driving Privilege Only” or “Not Valid for Identification”; 

• Hawaii licenses that indicate “Limited Purpose Driver’s License,” “Limited Purpose Instruction Permit,” “Limited Purpose Provisional Driver’s License,” or “Not Valid for use for official Federal purposes”; or

• Vermont licenses that indicate “Not for REAL ID Purposes Driver’s Privilege Card,” “Not for REAL ID Purposes Junior Driver’s Privilege Card,” or “Not for REAL ID Purposes Learner’s Privilege Card”.

If your (or your employee’s) license contains any of the preceding language, that drivers’ license is considered invalid for the purposes of operating a motor vehicle. If you are subject to a traffic stop for any reason (or no reason, for that matter), and you produce a license matching one of these descriptions, you will be subject to criminal charges for driving without a valid license under Florida Statutes, Section 322.03(1). Maximum penalties for a first-time offense include up to a sixty (60) -day jail sentence and fines up to $500.00. And while you might be lucky enough to just be issued a notice to appear in court at a later date, believe it or not, at the officer’s sole and exclusive discretion, you may very well be handcuffed and taken directly to jail then and there.

The good news is that such identification remains valid for purposes of proving employment eligibility. In other words: you do not need to re-do any Form I-9 or E-Verification procedures even if you have an employee with a license matching one of the above-descriptions. Similarly, you will not need to reject a potential employee’s credentials so long as that employee is not driving for your business just because their drivers’ license matches one of the above descriptions. The new law’s restrictions apply only to driving, or to transporting undocumented immigrants across state lines into Florida.

Constitutional law enthusiasts out there have already flagged the problem: this new state law is a violation of the Full Faith and Credit clause of the United States Constitution, Article IV, Section 1, and therefore will likely not survive any degree of judicial scrutiny.  Even in the best-case scenario, this new law will probably remain on the books for several months; and in the worst-case scenario, the first court to oversee the legal challenge may decide to allow the law to remain in place until the case is formally resolved, or – in the case of an especially sympathetic judge – even until the state exhausts all of its appeals. In that event, this law could remain in effect for a year or longer.  

If you suspect an employee who drives on behalf of your business might have a license falling under the preceding list, it’s time to call a meeting. As an employer, you cannot allow an employee with a license that is now invalid in the State of Florida drive on behalf of your business, lest you expose yourself to significant liability in the event of an accident. If you or an employee have a drivers’ license matching on of the descriptions above, you will need to take immediate steps to acquire a valid Florida driver's license before operating a motor vehicle. If you’re uncertain what steps you need to do so, or if you have any questions about this or any upcoming Florida legislation, we’re standing by to help.