HB 1147

1
A bill to be entitled
2An act relating to driver licensing; creating s. 322.073,
3F.S.; providing for the Department of Highway Safety and
4Motor Vehicles to issue driver licenses to certain foreign
5nationals who frequently visit the state; providing for
6expiration and renewal of the license; requiring
7submission of certain information to receive the license;
8authorizing the department to adopt rules; creating s.
9322.075, F.S.; providing for the department to issue
10driving permits to certain foreign nationals who entered
11the country under specified circumstances; providing
12eligibility criteria; requiring the department to conduct
13criminal background check and verify certain information;
14providing requirements for the permits; providing for
15period of validity; restricting validity to use in the
16state; providing for renewal; prohibiting certain use and
17providing penalties therefor; providing for fees;
18authorizing the department to adopt rules; providing an
19effective date.
20
21     WHEREAS, the operation of motor vehicles is critical to
22facilitating commerce and economic activity in this state, and
23     WHEREAS, the operation of motor vehicles contributes to
24the ability of individuals to seek medical care, employment,
25education, develop business enterprises, and provide for
26themselves and their families, and
27     WHEREAS, the licensing and permitting of drivers
28facilitates access to automobile insurance and promotes the
29safe operation of motor vehicles for the benefit of all
30Floridians, and
31     WHEREAS, there are many legal nonimmigrant visitors from
32foreign countries traveling to this state who own property,
33businesses, and automobiles in this state, and
34     WHEREAS, the issuance of a driver's license or permit
35should be a process that emphasizes confirmation of the
36identity of the applicant for the license or permit, and
37     WHEREAS, establishing a secure process under which legal
38immigrants, legal nonimmigrants, and frequent foreign visitors
39may obtain lawful driving privileges promotes commerce, safety
40on the roadways, and personal and economic security for the
41people of this state, NOW, THEREFORE,
42
43Be It Enacted by the Legislature of the State of Florida:
44
45     Section 1.  Section 322.073, Florida Statutes, is created
46to read:
47     322.073  Licensing of foreign nationals who visit this
48state.--
49     (1)  The department may, subject to the requirements of
50this section, issue a driver license to an applicant who is a
51foreign national and who legally visits this state on a frequent
52basis but who has not immigrated to the United States.
53     (2)  A license issued under this section is valid for 2
54years following the date on which it is issued or for the
55duration of the nonimmigrant visa issued to the applicant by the
56United States Government, whichever is longer, and may be
57renewed thereafter under the same restrictions and conditions if
58the applicant, at the time of renewal, satisfies the
59requirements of this section.
60     (3)  To receive or renew a driver license under this
61section, a legal nonimmigrant visitor applicant must submit to
62the department all of the following:
63     (a)  A valid passport from the home country of the
64applicant.
65     (b)  A valid multiple-entry nonimmigrant visa issued to the
66applicant by the United States Government.
67     (c)  A valid and current I-94 U.S. Citizenship and
68Immigration Services form issued to the applicant by the United
69States Government.
70     (d)  A valid driver license from the home country of the
71applicant.
72     (4)  The department may adopt rules under ss. 120.536(1)
73and 120.54 necessary to administer this section.
74     Section 2.  Section 322.075, Florida Statutes, is created
75to read:
76     322.075  Driving permits for persons entering the United
77States under the Cuban Adjustment Act.--
78     (1)  The department may, subject to the requirements of
79this section, issue a driving permit to a foreign national who
80entered the United States under the Cuban Adjustment Act, as
81amended, 8 U.S.C. s. 1255, and who may not be deported to his or
82her country of citizenship due to the absence of diplomatic
83relations between that country and the United States.
84     (2)  To be eligible under this section, the applicant must:
85     (a)  Be an applicant for a driver's license under s. 322.08
86who meets the applicable requirements of this chapter but who is
87unable to satisfy the forms for proof of identity prescribed in
88s. 322.08(2)(c).
89     (b)  Present a form of identification that is acceptable to
90the department, as prescribed by the department.
91     (c)  Submit to fingerprint capture, which the department
92must maintain on file and use in reviewing an application to
93renew a driving permit under subsection (5). The department must
94use the fingerprints to conduct a criminal background and
95security check through the Department of Law Enforcement and the
96Federal Bureau of Investigation.
97     (d)  Affirm to the department that he or she:
98     1.  Has not been convicted of a violent felony, terrorism,
99or money laundering, or conspiracy to commit a violent felony,
100terrorism, or money laundering, by any state or federal court.
101     2.  Is not a habitual offender of laws relating to illegal
102drugs.
103     3.  Has not been designated as a terrorist or the leader of
104an illegal drug enterprise by the United States Department of
105Justice.
106     4.  Will not travel to any country that is on a list of
107terrorist countries maintained by the United States Government
108for a period not to exceed 2 years or the duration of the
109driving permit authorized in this section.
110     5.  Is not wanted for any offense or act listed in this
111paragraph by any law enforcement authority in the United States.
112     (3)  Before issuing a driving permit under this section,
113the department must:
114     (a)  Conduct a criminal background check through the
115Department of Law Enforcement and the Federal Bureau of
116Investigation.
117     (b)  Verify through the Department of Law Enforcement and
118Federal Bureau of Investigation that the applicant is not a
119security risk to the state or the United States.
120     (c)  Verify that the applicant has not been designated as a
121terrorist or as the leader of an illegal drug enterprise by the
122United States Department of Justice.
123     (d)  Verify the identity of the individual by using the
124fingerprints submitted under subsection (2).
125     (4)  A driving permit issued by the department under this
126section:
127     (a)  Must have a background that distinguishes the permit
128from a driver's license issued under s. 322.08.
129     (b)  Must be issued under the requirements of s. 322.142.
130     (c)  Is valid for a period not to exceed 2 years following
131the date the department issues the permit.
132     (d)  Is valid for use in this state only and must include a
133statement prominently placed that the driving permit is valid
134for use in this state only.
135     (5)  A person who is issued a driving permit under this
136section may apply to the department to renew the driving permit
137if the person otherwise qualifies for renewal under this
138chapter. The department may renew a driving permit for a period
139not to exceed 2 years if:
140     (a)  The applicant for renewal of a driving permit submits
141proof of identification that satisfies subsection (2).
142     (b)  The department conducts a criminal background and
143security check of the individual by using the fingerprints
144submitted under subsection (2).
145     (c)  The department verifies with the Department of Law
146Enforcement and Federal Bureau of Investigation that the
147applicant is not a security risk to the state or the United
148States.
149     (d)  The department verifies that the applicant has not
150been designated as a terrorist or as the leader of an illegal
151drug enterprise by the United States Department of Justice.
152     (6)  The department may not issue or renew a driving permit
153under this section if the applicant:
154     (a)  Has been convicted of a violent felony, terrorism, or
155money laundering or conspiracy to commit a violent felony,
156terrorism, or money laundering by any state or federal court;
157     (b)  Is a habitual offender of laws relating to illegal
158drugs;
159     (c)  Has been designated as a terrorist or the leader of an
160illegal drug enterprise by the United States Department of
161Justice; or
162     (d)  Has traveled to any country that is on a list of
163terrorist countries maintained by the United States Government.
164     (7)  Foreign national applicants meeting the requirements
165of this section must show proof satisfactory to the department.
166The provisions of s. 322.212 apply to a driving permit issued
167under this section, and the penalties prescribed in s. 322.212
168apply to a violation of that section which occurs with respect
169to such a driving permit.
170     (8)  A driving permit issued under this section is property
171of the state. A person in possession of a driving permit must
172provide it to a law enforcement officer upon request. A law
173enforcement officer having a reasonable belief that a person
174possesses or is using a driving permit in violation of this
175section or any other law may seize the driving permit. A person
176from whom a law enforcement officer seizes a driving permit
177under this subsection does not have a cause of action against
178the law enforcement officer for the seizure of the driving
179permit.
180     (9)  The department may cancel any driving permit issued
181under this section upon determining that the foreign national is
182no longer entitled to the issuance of the driving permit.
183     (10)(a)  The department shall establish fees for the
184initial issuance and the renewal of a driving permit under this
185section. The fees must account for costs related to conducting
186criminal background checks and verifying security risks related
187to the applicant as required under this section.
188     (b)  All fees collected under this section shall be
189deposited in the Highway Safety Operating Trust Fund.
190     (11)  The department may adopt rules under s. 120.536(1)
191and s. 120.54 necessary to administer this section.
192     Section 3.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.