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Florida now requires REAL ID or a passport with I-94 to register a vehicle, leaving some immigrants unable to qualify

The Florida Press Newsroom6 min read
Florida now requires REAL ID or a passport with I-94 to register a vehicle, leaving some immigrants unable to qualify
Photo: Florida Department of Highway Safety and Motor Vehicles, Wikimedia Commons (Public domain)

Floridians registering a vehicle now must show a REAL ID-compliant driver license or identification card, a U.S. passport, or a foreign passport paired with an unexpired federal Form I-94, under a state law that took effect Oct. 1. The change, tucked into a broad transportation bill, closes off registration for some immigrants who are in the country lawfully or have pending cases but lack those specific documents, according to immigration attorneys and advocates quoted by the Tampa Bay Times.

The requirement comes from Senate Bill 488, sponsored by Sen. Ralph Massullo, R-Inverness, and signed by Gov. Ron DeSantis on April 21 as Chapter 2026-39, Laws of Florida. It rewrites the identification rules in section 320.02 of the Florida Statutes, which governs who may register a motor vehicle in the state. The Florida Department of Highway Safety and Motor Vehicles updated its registration procedure for county tax collectors and license plate agencies this month to match.

What the law now requires

Under the enrolled text of SB 488, an individual applying to register a vehicle must provide proof of address satisfactory to the department and one of three identity documents:

  • A valid REAL ID driver license or identification card issued by Florida or another state
  • A valid, unexpired U.S. passport
  • A valid, unexpired passport issued by another country, together with an unexpired Form I-94 issued by U.S. Customs and Border Protection

The application must also list the street address of the owner's permanent Florida residence or permanent place of business in Florida. Active duty members of the U.S. armed forces who are Florida residents are exempt from the street address requirement. Business applicants may provide a federal employer identification number, proof the business is authorized to operate in Florida, or a municipal or county business license.

The I-94 is the federal arrival and departure record issued to people admitted to the United States. It is now issued electronically, and travelers can retrieve their records through the CBP website.

What changed from the old rule

Before Oct. 1, section 320.02 allowed an individual to register a vehicle with any valid driver license or identification card issued by Florida or another state, or a valid passport. In September 2024, FLHSMV tightened its procedures under an administrative rule so that a foreign passport had to carry federal evidence of lawful presence, such as an entry stamp, an I-94, a permanent resident card or an immigrant visa, according to the revision history of the department's registration procedure.

The new statute narrows those options in two ways, as the comparison below shows.

DocumentBefore Oct. 1, 2026Since Oct. 1, 2026
Florida license or IDAny valid cardMust be REAL ID compliant
Out-of-state license or IDAny valid cardMust be REAL ID compliant
U.S. passportAccepted if validAccepted if valid and unexpired
Foreign passportAccepted with lawful presence evidenceMust be unexpired and paired with an unexpired I-94
Proof of addressStreet address on applicationProof satisfactory to FLHSMV also required

FLHSMV's procedure for registration, labeled with an October 2026 revision date and an effective date of "Immediately," instructs tax collector offices to require a valid REAL ID license or card from Florida or another state and adds the permanent Florida address requirements for individuals and businesses. Licensed dealers submitting registrations for customers must include a copy of the qualifying document.

FLHSMV says Florida is a REAL ID compliant state, so most residents holding a valid Florida license will see no change at the counter. The department began issuing a redesigned Florida license and ID card on Sept. 30 that incorporates a Florida gator into the REAL ID star.

Who is affected

The people most likely to be turned away are immigrants who are allowed to remain in the United States but whose paperwork does not fit the three categories. The Tampa Bay Times identified several groups:

  • People with pending asylum applications
  • People seeking humanitarian permits or awaiting immigration court decisions or applications to adjust status
  • Some holders of Temporary Protected Status
  • Venezuelans with pending cases who lack a valid license or passport; Venezuela's embassy in Washington is closed to the public, and passports cannot be renewed in the United States
  • Cubans who crossed the southern border and were released on Form I-220A, which allows them to remain outside detention but grants no permanent status

Tampa immigration attorney Steven A. Culbreath told the Times that several categories of lawfully present immigrants could struggle to meet the requirements. He noted that federal immigration benefits are sometimes extended automatically after an I-94 or passport expires, but the state law requires both documents to be unexpired. An immigrant allowed to stay might be unable to register a car until a passport is renewed through an embassy or consulate, which he described as a documentation problem rather than a question of legal status.

Spanish-language outlets serving South Florida's Cuban community have noted that a foreign passport alone, the document many recent arrivals relied on at tax collector offices, no longer qualifies without an I-94, and that the I-220A is not among the accepted documents.

Practical stakes

Registration is tied to other obligations. Florida requires owners to carry personal injury protection and property damage liability insurance to buy a license plate, and an unregistered car cannot legally be driven on public roads. Advocates told the Times they worry about families who cannot meet the new standard getting to work, taking children to school and attending immigration court hearings.

Ana Lamb, a longtime advocate in the Hillsborough County community of Wimauma, told the newspaper that many affected families do not know what to do, and she said the law "doesn't make sense."

The law does not order the removal of vehicles already registered, and it does not by itself bar immigrants from owning cars. It sets the documents required to complete a registration transaction at a tax collector's office or license plate agency. Spanish-language coverage has noted that questions remain about how the requirement will be applied to renewals, transfers and online transactions, and FLHSMV has not issued public guidance addressing those scenarios.

A transportation bill with broad support

SB 488 drew little opposition in Tallahassee. It passed the Senate 38-0 on Feb. 19, cleared the House 108-1 on March 9, and won final Senate concurrence 36-0 on March 11, according to the Senate's bill history. The registration change was one of dozens of provisions in the 47-section bill.

Other parts of the law, also effective Oct. 1, clarify that license plate frames and decorative borders are not an offense unless they obscure the plate number or registration decal, shift motor fuel use tax returns for commercial carriers to mandatory electronic filing, and replace motor carrier registration with licensing.

Massullo's office had no comment on the registration provision's effects on immigrants, the Times reported, and a staff member said the senator was out of the country.

What's next

The requirement is in force at all 67 county tax collector offices. Residents unsure whether their documents qualify can check with their county tax collector before visiting. Immigrants whose foreign passports or I-94 records have lapsed would need to renew them through their home country's consulate or through federal immigration channels before registering. Any change to the standard would require action by the Legislature, which convenes for its 2027 regular session in March.

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