Resolution 2005-05

CONCERNING THE FULL LEGAL ACCEPTANCE OF THE FLORIDA IDENTIFICATION CARD  

WHEREAS
the purpose of the National Federation of the Blind is the removal of the social, legal, and economic barriers faced by the blind; and

WHEREAS
the goal of the Federation is the full participation of the blind in society on terms of equality; and

WHEREAS
blind and otherwise disabled individuals who, by the nature of their disability, are ineligible to receive a driver's license have been denied the right to make certain purchases and enter into agreements, including, but not limited to the rental and purchase of motor vehicles, equipment, furniture, and residential and commercial property in violation of State and Federal law; and

WHEREAS
Florida statute 322.051 provides that individuals who do not possess a driver's license may receive a government-issued photo identification card; and

WHEREAS
Florida statute 322.051(7) provides that "Any person accepting the Florida driver's license as proof of Identification must accept a Florida Identification card as proof of Identification when the bearer of the Identification card does not also have a driver's license;" and

WHEREAS
Florida statute provides no penalty for failure to accept such identification; and

WHEREAS
Florida statute 322.38(1) states, " No person shall rent a motor vehicle to any other person unless the latter person is then duly licensed"; and

WHEREAS
Florida statute  322.38(2)  states, "No person shall rent a motor vehicle to another until he or she has inspected the driver's license of the person to whom the vehicle is to be rented, and compared and verified the signature thereon with the signature of such person written in his or her presence;" and

WHEREAS
the U.S. Department of Justice, in U.S. vs. Dollar Services found that such a practice or policy is in violation of the Americans with Disabilities Act when such a disabled person has a valid photo identification card matching the name on the credit card used to pay for and/or secure the vehicle and an authorized  licensed driver to operate the vehicle who shall not be required to pay an additional fee for the authorized driver and

THEREFORE BE IT RESOLVED
By the National Federation of the Blind of Florida assembled in Convention this 30th  day of May, 2005, in the city of Boca Raton, that this Organization demands that the Florida legislature amend Florida statutes to allow individuals who, by nature of their disability, are unable to obtain a valid driver's license the statutory right to make purchases and enter into agreements that require the presentation of valid photo identification; and

BE IT FURTHER RESOLVED
that this Organization demands that the Florida legislature specifically amends Florida statute to provide disabled individuals who, by nature of their disability, are unable to obtain a valid driver's license the right of entering into a vehicle rental agreement when such individual has a valid photo identification that matches the name on the credit card used to pay for and/or secure the vehicle when such an individual has an authorized  licensed driver to operate the vehicle and Such authorized driver shall not be required to possess a credit card and no additional fees shall be charged for the authorized driver; and

BE IT FURTHER RESOLVED
that this organization demands that penalties as described in Florida Statute 413.08(2) which protects the disabled from discrimination be applied to violation of such statutes.