If a new Florida elections bill goes into effect, driver licenses will soon include a new notable fact: whether a person is a U.S. citizen.
Supporters of HB 991, approved by Florida’s Legislature and expected to be signed into law by Gov. Ron DeSantis, say the bill will ensure that only eligible U.S. citizens vote. Critics worry it will disenfranchise eligible voters who are unable to meet the bill’s demands.
Florida voters will be required to provide photo identification, such as an active U.S. passport or a Florida driver license at the polls before being allowed to vote. It prohibits the use of student and retirement center IDs, which Florida has deemed to be acceptable forms of voting identification since the early 2000s.
HB 991 requires that Florida driver licenses and state-issued ID cards indicate people’s citizenship status. The bill would take effect Jan. 1, 2027. The bill is similar to the federally proposed legislation, the SAVE America Act, awaiting a Senate vote.
Federal law already prohibits noncitizens from voting in federal elections, and cases of noncitizens voting are rare. If noncitizens vote, they risk deportation, fines or jail. When people register to vote, they sign a form attesting that they are U.S. citizens.
In 2025, Florida found 198 “likely noncitizens who illegally registered and/or voted in Florida” out of the more than 13 million registered voters, according to a January report from the state’s Office of Election Crimes and Security. The office, which said it referred 170 of those people to law enforcement, did not respond to PolitiFact’s questions about how many were confirmed to be noncitizens, or how many have been charged with voter fraud.
Here’s an overview of the changes that would take place.
What would the bill require?
People would have to show documentary proof of U.S. citizenship to register to vote. It also requires that Florida’s Department of Highway Safety and Motor Vehicles and its Department of State match and confirm a person’s citizenship.
What do immigration law experts say?
News of a drivers license marker worries some immigration law experts who say that it could dissuade people from getting or renewing their IDs for fear of being discriminated against for not being citizens.
Ahmad Yakzan, an immigration lawyer and founder of the American Dream Law Office, said that, if the bill goes into effect, it could be challenged on grounds that it violates The Equal Protection Act. The law requires that a government apply its laws fairly and not treat people differently without a valid reason.
Florida driver licenses and ID cards for noncitizens who are in the country legally but don’t have permanent resident status already have a “temporary” label. But Yakzan argues that if the new cards label people as noncitizens, it might make some prospective employers less likely to hire them and would place additional burdens on noncitizens to prove their work eligibility.
These types of voter eligibility measures have historically had a disproportionate impact on people of color and other minorities, said Ediberto Roman, a law professor and immigration and citizenship initiatives director at Florida International University.
Roman said the requirement could cause citizens to be intimidated and not show up at the polls, and it may ultimately affect public safety.
“If this is perceived as a means to track noncitizens, more and more people may not seek licenses, and that’ll have a ripple effect of not having insurance,” Roman said. “And the insurance crises will, instead of alleviating itself, will be augmented in communities like South Florida.”
Could noncitizens still get a driver license under HB 991?
Yes. Florida law says that only people who currently have legal immigration status or are under a temporary legal status can obtain a driver license or ID. This includes green card holders or permanent residents, students with visas, refugees, people with temporary protected status or pending asylum claims, asylees and parolees.
Permanent residents can have valid Florida driver licenses for up to eight years, just as U.S. citizens in the state do.
Can a person illegally in the country get a driver license or state-issued ID?
No. Florida passed a 2025 law that prohibits giving a driver license or ID card to anyone illegally in the U.S. This means that only someone who can show evidence of their lawful status can receive a license or ID card.
The Florida Department of Highway Safety and Motor Vehicles also issued May 2025 guidance requiring noncitizens to renew their licenses each year, unless they are considered permanent residents. Since February, applicants must take English-only written and oral exams to obtain Florida driver licenses.
Does the law say anything about the new ID cards and immigration enforcement?
No. The legislation mostly focuses on election security and the documentary evidence needed to prove U.S. citizenship when registering and voting.
What documents would people need to provide to the Department of Motor Vehicles to prove their U.S. citizenship?
The following documents are deemed acceptable evidence, according to the Florida bill:
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A current and valid Florida driver license or Florida ID issued by the Department of Highway Safety and Motor Vehicles, if such license or identification card indicates U.S. citizenship.
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An original or certified copy of a U.S. birth certificate.
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A valid, unexpired U.S. passport.
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A naturalization certificate issued by the U.S. Department of Homeland Security.
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A Consular Report of Birth Abroad provided by the U.S. State Department.
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A current and valid photo identification issued by the federal government or the state which indicates U.S. citizenship.
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A federal court order granting U.S. citizenship.
In the case that a voter’s legal name is different from the name that appears on the documents presented, official legal documentation providing proof of name change is also required to confirm U.S. citizenship.
If you’re a noncitizen with a valid driver license, do you have to apply for a new one in 2027?
The bill will not require current license holders to reapply in 2027, according to the Miami-Dade Tax Collector’s office. Citizenship status will be added to licenses upon issuance, renewal or replacement. And noncitizens may keep their current licenses until expiration.
By July 1, 2027, new driver licenses and ID cards issued to U.S. citizens must include citizenship status, according to the bill.
The bill also adds that if a person becomes a citizen, they need to obtain a new ID with their updated status within the 30 days, as required by state law. The department must give them their renewal or replacement at no charge.
This story originally appeared on PolitiFact
