Senate Bill sb2040c1

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    Florida Senate - 2005                           CS for SB 2040

    By the Committee on Transportation; and Senator Garcia





    596-2129-05

  1                      A bill to be entitled

  2         An act relating to driver licensing; creating

  3         s. 322.073, F.S.; providing for the Department

  4         of Highway Safety and Motor Vehicles to issue

  5         driver licenses to certain foreign nationals

  6         who frequently visit the state; providing for

  7         expiration and renewal of the license;

  8         requiring submission of certain information to

  9         receive the license; authorizing the department

10         to adopt rules; creating s. 322.075, F.S.;

11         providing for the department to issue driving

12         permits to certain foreign nationals who

13         entered the country under specified

14         circumstances; providing eligibility criteria;

15         requiring the department to conduct criminal

16         background checks; providing requirements for

17         the permits; providing for period of validity;

18         restricting validity to use in the state;

19         providing for renewal; prohibiting certain use

20         and providing penalties therefor; providing for

21         seizure and cancellation of the permit under

22         certain circumstances; providing for fees;

23         authorizing the department to adopt rules;

24         providing an effective date.

25  

26  Be It Enacted by the Legislature of the State of Florida:

27  

28         Section 1.  Section 322.073, Florida Statutes, is

29  created to read:

30         322.073  Licensing of foreign nationals who visit this

31  state.--

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    Florida Senate - 2005                           CS for SB 2040
    596-2129-05




 1         (1)  The department may, subject to the requirements of

 2  this section, issue a driver license to an applicant who is a

 3  foreign national and who legally visits this state on a

 4  frequent basis but who has not immigrated to the United

 5  States.

 6         (2)  A license issued under this section is valid for 2

 7  years following the date on which it is issued or, if a

 8  nonimmigrant visa is required for entry into the United States

 9  by a driver license applicant, then a license issued under

10  this section is valid for the duration of the nonimmigrant

11  visa issued to the applicant by the United States Government,

12  up to a maximum of 6 years. If the nonimmigrant visa driver

13  license applicant is holding a nonimmigrant visa with less

14  than 6 years' validity remaining on the nonimmigrant visa,

15  then a license issued under this section is valid for the

16  duration remaining on the nonimmigrant visa issued to the

17  applicant by the United States Government and may be renewed

18  thereafter under the same restrictions and conditions as the

19  initial issuance if the applicant, at the time of renewal,

20  satisfies the requirements of this section.

21         (3)  To receive or renew a driver license under this

22  section, a legal nonimmigrant visitor applicant must submit to

23  the department all of the following:

24         (a)  A valid passport from the home country of the

25  applicant.

26         (b)  For an applicant entering from a country that is

27  not identified by the United States Department of Homeland

28  Security Bureau of Citizenship and Immigration Services as a

29  visa waiver country, a valid multiple-entry nonimmigrant visa

30  issued to the applicant by the United States Government.

31  

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    Florida Senate - 2005                           CS for SB 2040
    596-2129-05




 1         (c)  A valid and current I-94 form issued by United

 2  States Citizenship and Immigration Services to the applicant.

 3         (d)  A valid driver license from the home country of

 4  the applicant.

 5         (4)  The department may adopt rules under ss.

 6  120.536(1) and 120.54 necessary to administer this section.

 7         Section 2.  Section 322.075, Florida Statutes, is

 8  created to read:

 9         322.075  Driving permits for persons entering the

10  United States under the Cuban Adjustment Act.--

11         (1)  The department may, subject to the requirements of

12  this section, issue a driving permit to a foreign national who

13  entered the United States under the Cuban Adjustment Act, as

14  amended, 8 U.S.C. s. 1255, and who may not be deported to his

15  or her country of citizenship due to the absence of diplomatic

16  relations between that country and the United States.

17         (2)  To be eligible under this section, the applicant

18  must:

19         (a)  Be an applicant for a driver license under s.

20  322.08 who meets the applicable requirements of this chapter

21  but who is unable to satisfy the forms for proof of identity

22  prescribed in s. 322.08(2)(c).

23         (b)  Present a form of identification that is

24  acceptable to the department, as prescribed by the department.

25         (c)  Submit to fingerprint capture, which the

26  department must maintain on file and use in reviewing an

27  application to renew a driving permit under subsection (5).

28  Fingerprints shall be submitted to the Department of Law

29  Enforcement for a state criminal history records check and to

30  the Federal Bureau of Investigation for a national criminal

31  history records check.

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    Florida Senate - 2005                           CS for SB 2040
    596-2129-05




 1         (d)  Affirm to the department that he or she:

 2         1.  Has not been found guilty of, regardless of

 3  adjudication, or entered a plea of nolo contendere or guilty

 4  to any law relating to illegal drugs or a forcible felony,

 5  facilitating or furthering any act of terrorism as provided

 6  under s. 775.31 or any federal crime related to terrorism, or

 7  money laundering as defined in chapter 896 and its federal

 8  counterpart, or conspiracy to commit a forcible felony,

 9  facilitate or further any act of terrorism, or commit money

10  laundering, in any state or federal court.

11         2.  Has not been designated as a terrorist or the

12  leader of an illegal drug enterprise by the United States

13  Department of Justice.

14         3.  Will not travel to any country that is on a list of

15  terrorist countries maintained by the United States Government

16  for a period not to exceed 2 years or the duration of the

17  driving permit authorized in this section.

18         4.  Is not wanted for any offense or act listed in this

19  paragraph by any law enforcement authority in the United

20  States.

21         (3)  Before issuing a driving permit under this

22  section, the department must:

23         (a)  Conduct a fingerprint-based state and national

24  criminal history records check through the Department of Law

25  Enforcement and the Federal Bureau of Investigation.

26         (b)  Verify that the applicant has not been designated

27  as a terrorist or as the leader of an illegal drug enterprise

28  by the United States Department of Justice.

29         (c)  Verify the identity of the individual by using the

30  fingerprints submitted under subsection (2).

31  

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    Florida Senate - 2005                           CS for SB 2040
    596-2129-05




 1         (4)  A driving permit issued by the department under

 2  this section:

 3         (a)  Must have a background that distinguishes the

 4  permit from a driver license issued under s. 322.08.

 5         (b)  Must be issued under the requirements of s.

 6  322.142.

 7         (c)  Is valid for a period not to exceed 2 years

 8  following the date the department issues the permit.

 9         (d)  Is valid for use in this state only and must

10  include a statement prominently placed that the driving permit

11  is valid for use in this state only.

12         (5)  A person who is issued a driving permit under this

13  section may apply to the department to renew the driving

14  permit if the person otherwise qualifies for renewal under

15  this chapter. The department may renew a driving permit for a

16  period not to exceed 2 years if:

17         (a)  The applicant for renewal of a driving permit

18  submits proof of identification that satisfies subsection (2).

19         (b)  The department conducts a state and national

20  criminal history records check of the individual through the

21  Department of Law Enforcement and the Federal Bureau of

22  Investigation by using the fingerprints submitted under

23  subsection (2).

24         (c)  The department verifies that the applicant has not

25  been designated as a terrorist or as the leader of an illegal

26  drug enterprise by the United States Department of Justice.

27         (6)  The department may not issue or renew a driving

28  permit under this section if the applicant:

29         (a)  Has been found guilty of, regardless of

30  adjudication, or entered a plea of nolo contendere or guilty

31  to any law relating to illegal drugs or a forcible felony,

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    Florida Senate - 2005                           CS for SB 2040
    596-2129-05




 1  facilitating or furthering any act of terrorism as provided in

 2  s. 775.31 or any federal crime related to terrorism, or money

 3  laundering as defined in chapter 896 and its federal

 4  counterpart, or conspiracy to commit a forcible felony,

 5  facilitate or further any act of terrorism, or commit money

 6  laundering, in any state or federal court;

 7         (b)  Is a habitual offender of laws relating to illegal

 8  drugs;

 9         (c)  Has been designated as a terrorist or the leader

10  of an illegal drug enterprise by the United States Department

11  of Justice; or

12         (d)  Has traveled to any country that is on a list of

13  terrorist countries maintained by the United States

14  Government.

15         (7)  Foreign national applicants meeting the

16  requirements of this section must show proof satisfactory to

17  the department. The provisions of s. 322.212 apply to a

18  driving permit issued under this section, and the penalties

19  prescribed in s. 322.212 apply to a violation of that section

20  which occurs with respect to such a driving permit.

21         (8)  A driving permit issued under this section is

22  property of the state. A person in possession of a driving

23  permit must provide it to a law enforcement officer upon

24  request. A law enforcement officer having a reasonable belief

25  that a person possesses or is using a driving permit in

26  violation of this section or any other law may seize the

27  driving permit. A person from whom a law enforcement officer

28  seizes a driving permit under this subsection does not have a

29  cause of action against the law enforcement officer for the

30  seizure of the driving permit.

31  

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    Florida Senate - 2005                           CS for SB 2040
    596-2129-05




 1         (9)  The department may cancel any driving permit

 2  issued under this section upon determining that the foreign

 3  national is no longer entitled to the issuance of the driving

 4  permit.

 5         (10)(a)  The department shall establish fees for the

 6  initial issuance and the renewal of a driving permit under

 7  this section. The fees must account for costs related to

 8  conducting criminal background checks and verifying security

 9  risks related to the applicant as required under this section.

10         (b)  All fees collected under this section shall be

11  deposited in the Highway Safety Operating Trust Fund. The

12  Department of Law Enforcement shall invoice the department for

13  the fingerprints submitted each month.

14         (11)  The department may adopt rules under s.

15  120.536(1) and s. 120.54 necessary to administer this section.

16         Section 3.  This act shall take effect February 1,

17  2006.

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    Florida Senate - 2005                           CS for SB 2040
    596-2129-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2040

 3                                 

 4  The CS provides valid time periods for nonimmigrant visa
    driver license holders.
 5  
    This CS clarifies applicants for driving permits under the
 6  Cuban Adjustment Act are required to have his or her
    fingerprints submitted to the Department of Law Enforcement
 7  for a state criminal history records check and to the Federal
    Bureau of Investigation for a national criminal history
 8  records check. This CS also removes language requiring
    verification through the Department of Law Enforcement and
 9  Federal Bureau of Investigation the applicant is not a
    security risk to this state or the United States.
10  
    The CS clarifies a driving permit may not be issued or renewed
11  to an applicant who has been found guilty of, regardless of
    adjudication, or entered a plea of nolo contendere or guilty
12  to any law relating to illegal drugs or a forcible felony,
    facilitating or furthering any act of terrorism or any federal
13  crime related to terrorism, or money laundering, or conspiracy
    to commit any of these crimes.
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    The CS provides the Department of Law Enforcement shall
15  invoice the Department of Highway Safety and Motor Vehicles
    for the fingerprints submitted each month.
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