HB 1147CS

CHAMBER ACTION




1The Domestic Security Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to driver licensing; creating s. 322.073,
7F.S.; providing for the Department of Highway Safety and
8Motor Vehicles to issue driver licenses to certain foreign
9nationals who frequently visit the state; providing for
10expiration and renewal of the license; requiring
11submission of certain information to receive the license;
12authorizing the department to adopt rules; creating s.
13322.075, F.S.; providing for the department to issue
14driving permits to certain foreign nationals who entered
15the country under specified circumstances; providing
16eligibility criteria; requiring the department to conduct
17criminal background check and verify certain information;
18providing requirements for the permits; providing for
19period of validity; restricting validity to use in the
20state; providing for renewal; prohibiting certain use and
21providing penalties therefor; providing for fees;
22authorizing the department to adopt rules; providing an
23effective date.
24
25     WHEREAS, the operation of motor vehicles is critical to
26facilitating commerce and economic activity in this state, and
27     WHEREAS, the operation of motor vehicles contributes to
28the ability of individuals to seek medical care, employment,
29education, develop business enterprises, and provide for
30themselves and their families, and
31     WHEREAS, the licensing and permitting of drivers
32facilitates access to automobile insurance and promotes the
33safe operation of motor vehicles for the benefit of all
34Floridians, and
35     WHEREAS, there are many legal nonimmigrant visitors from
36foreign countries traveling to this state who own property,
37businesses, and automobiles in this state, and
38     WHEREAS, the issuance of a driver's license or permit
39should be a process that emphasizes confirmation of the
40identity of the applicant for the license or permit, and
41     WHEREAS, establishing a secure process under which legal
42immigrants, legal nonimmigrants, and frequent foreign visitors
43may obtain lawful driving privileges promotes commerce, safety
44on the roadways, and personal and economic security for the
45people of this state, NOW, THEREFORE,
46
47Be It Enacted by the Legislature of the State of Florida:
48
49     Section 1.  Section 322.073, Florida Statutes, is created
50to read:
51     322.073  Licensing of foreign nationals who visit this
52state.--
53     (1)  The department may, subject to the requirements of
54this section, issue a driver license to an applicant who is a
55foreign national and who legally visits this state on a frequent
56basis but who has not immigrated to the United States.
57     (2)  A license issued under this section is valid for 2
58years following the date on which it is issued or, if a
59nonimmigrant visa is required for entry into the United States,
60for the duration of the nonimmigrant visa issued to the
61applicant by the United States Government, whichever period is
62longer, and may be renewed thereafter under the same
63restrictions and conditions as the initial issuance if the
64applicant, at the time of renewal, satisfies the requirements of
65this section.
66     (3)  To receive or renew a driver license under this
67section, a legal nonimmigrant visitor applicant must submit to
68the department all of the following:
69     (a)  A valid passport from the home country of the
70applicant.
71     (b)  For an applicant entering from a country that is not
72identified by the United States Department of Homeland Security
73Bureau of Citizenship and Immigration Services as a visa waiver
74country, a valid multiple-entry nonimmigrant visa issued to the
75applicant by the United States Government.
76     (c)  A valid and current I-94 form issued by United States
77Citizenship and Immigration Services to the applicant.
78     (d)  A valid driver license from the home country of the
79applicant.
80     (4)  The department may adopt rules under ss. 120.536(1)
81and 120.54 necessary to administer this section.
82     Section 2.  Section 322.075, Florida Statutes, is created
83to read:
84     322.075  Driving permits for persons entering the United
85States under the Cuban Adjustment Act.--
86     (1)  The department may, subject to the requirements of
87this section, issue a driving permit to a foreign national who
88entered the United States under the Cuban Adjustment Act, as
89amended, 8 U.S.C. s. 1255, and who may not be deported to his or
90her country of citizenship due to the absence of diplomatic
91relations between that country and the United States.
92     (2)  To be eligible under this section, the applicant must:
93     (a)  Be an applicant for a driver's license under s. 322.08
94who meets the applicable requirements of this chapter but who is
95unable to satisfy the forms for proof of identity prescribed in
96s. 322.08(2)(c).
97     (b)  Present a form of identification that is acceptable to
98the department, as prescribed by the department.
99     (c)  Submit to fingerprint capture, which the department
100must maintain on file and use in reviewing an application to
101renew a driving permit under subsection (5). The department must
102use the fingerprints to conduct a criminal background and
103security check through the Department of Law Enforcement and the
104Federal Bureau of Investigation.
105     (d)  Affirm to the department that he or she:
106     1.  Has not been convicted of a violent felony, terrorism,
107or money laundering, or conspiracy to commit a violent felony,
108terrorism, or money laundering, by any state or federal court.
109     2.  Is not a habitual offender of laws relating to illegal
110drugs.
111     3.  Has not been designated as a terrorist or the leader of
112an illegal drug enterprise by the United States Department of
113Justice.
114     4.  Will not travel to any country that is on a list of
115terrorist countries maintained by the United States Government
116for a period not to exceed 2 years or the duration of the
117driving permit authorized in this section.
118     5.  Is not wanted for any offense or act listed in this
119paragraph by any law enforcement authority in the United States.
120     (3)  Before issuing a driving permit under this section,
121the department must:
122     (a)  Conduct a criminal background check through the
123Department of Law Enforcement and the Federal Bureau of
124Investigation.
125     (b)  Verify through the Department of Law Enforcement and
126Federal Bureau of Investigation that the applicant is not a
127security risk to the state or the United States.
128     (c)  Verify that the applicant has not been designated as a
129terrorist or as the leader of an illegal drug enterprise by the
130United States Department of Justice.
131     (d)  Verify the identity of the individual by using the
132fingerprints submitted under subsection (2).
133     (4)  A driving permit issued by the department under this
134section:
135     (a)  Must have a background that distinguishes the permit
136from a driver's license issued under s. 322.08.
137     (b)  Must be issued under the requirements of s. 322.142.
138     (c)  Is valid for a period not to exceed 2 years following
139the date the department issues the permit.
140     (d)  Is valid for use in this state only and must include a
141statement prominently placed that the driving permit is valid
142for use in this state only.
143     (5)  A person who is issued a driving permit under this
144section may apply to the department to renew the driving permit
145if the person otherwise qualifies for renewal under this
146chapter. The department may renew a driving permit for a period
147not to exceed 2 years if:
148     (a)  The applicant for renewal of a driving permit submits
149proof of identification that satisfies subsection (2).
150     (b)  The department conducts a criminal background and
151security check of the individual by using the fingerprints
152submitted under subsection (2).
153     (c)  The department verifies with the Department of Law
154Enforcement and Federal Bureau of Investigation that the
155applicant is not a security risk to the state or the United
156States.
157     (d)  The department verifies that the applicant has not
158been designated as a terrorist or as the leader of an illegal
159drug enterprise by the United States Department of Justice.
160     (6)  The department may not issue or renew a driving permit
161under this section if the applicant:
162     (a)  Has been convicted of a violent felony, terrorism, or
163money laundering or conspiracy to commit a violent felony,
164terrorism, or money laundering by any state or federal court;
165     (b)  Is a habitual offender of laws relating to illegal
166drugs;
167     (c)  Has been designated as a terrorist or the leader of an
168illegal drug enterprise by the United States Department of
169Justice; or
170     (d)  Has traveled to any country that is on a list of
171terrorist countries maintained by the United States Government.
172     (7)  Foreign national applicants meeting the requirements
173of this section must show proof satisfactory to the department.
174The provisions of s. 322.212 apply to a driving permit issued
175under this section, and the penalties prescribed in s. 322.212
176apply to a violation of that section which occurs with respect
177to such a driving permit.
178     (8)  A driving permit issued under this section is property
179of the state. A person in possession of a driving permit must
180provide it to a law enforcement officer upon request. A law
181enforcement officer having a reasonable belief that a person
182possesses or is using a driving permit in violation of this
183section or any other law may seize the driving permit. A person
184from whom a law enforcement officer seizes a driving permit
185under this subsection does not have a cause of action against
186the law enforcement officer for the seizure of the driving
187permit.
188     (9)  The department may cancel any driving permit issued
189under this section upon determining that the foreign national is
190no longer entitled to the issuance of the driving permit.
191     (10)(a)  The department shall establish fees for the
192initial issuance and the renewal of a driving permit under this
193section. The fees must account for costs related to conducting
194criminal background checks and verifying security risks related
195to the applicant as required under this section.
196     (b)  All fees collected under this section shall be
197deposited in the Highway Safety Operating Trust Fund.
198     (11)  The department may adopt rules under s. 120.536(1)
199and s. 120.54 necessary to administer this section.
200     Section 3.  This act shall take effect February 1, 2006.


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