1 | The Domestic Security Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to driver licensing; creating s. 322.073, |
7 | F.S.; providing for the Department of Highway Safety and |
8 | Motor Vehicles to issue driver licenses to certain foreign |
9 | nationals who frequently visit the state; providing for |
10 | expiration and renewal of the license; requiring |
11 | submission of certain information to receive the license; |
12 | authorizing the department to adopt rules; creating s. |
13 | 322.075, F.S.; providing for the department to issue |
14 | driving permits to certain foreign nationals who entered |
15 | the country under specified circumstances; providing |
16 | eligibility criteria; requiring the department to conduct |
17 | criminal background check and verify certain information; |
18 | providing requirements for the permits; providing for |
19 | period of validity; restricting validity to use in the |
20 | state; providing for renewal; prohibiting certain use and |
21 | providing penalties therefor; providing for fees; |
22 | authorizing the department to adopt rules; providing an |
23 | effective date. |
24 |
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25 | WHEREAS, the operation of motor vehicles is critical to |
26 | facilitating commerce and economic activity in this state, and |
27 | WHEREAS, the operation of motor vehicles contributes to |
28 | the ability of individuals to seek medical care, employment, |
29 | education, develop business enterprises, and provide for |
30 | themselves and their families, and |
31 | WHEREAS, the licensing and permitting of drivers |
32 | facilitates access to automobile insurance and promotes the |
33 | safe operation of motor vehicles for the benefit of all |
34 | Floridians, and |
35 | WHEREAS, there are many legal nonimmigrant visitors from |
36 | foreign countries traveling to this state who own property, |
37 | businesses, and automobiles in this state, and |
38 | WHEREAS, the issuance of a driver's license or permit |
39 | should be a process that emphasizes confirmation of the |
40 | identity of the applicant for the license or permit, and |
41 | WHEREAS, establishing a secure process under which legal |
42 | immigrants, legal nonimmigrants, and frequent foreign visitors |
43 | may obtain lawful driving privileges promotes commerce, safety |
44 | on the roadways, and personal and economic security for the |
45 | people of this state, NOW, THEREFORE, |
46 |
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47 | Be It Enacted by the Legislature of the State of Florida: |
48 |
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49 | Section 1. Section 322.073, Florida Statutes, is created |
50 | to read: |
51 | 322.073 Licensing of foreign nationals who visit this |
52 | state.-- |
53 | (1) The department may, subject to the requirements of |
54 | this section, issue a driver license to an applicant who is a |
55 | foreign national and who legally visits this state on a frequent |
56 | basis but who has not immigrated to the United States. |
57 | (2) A license issued under this section is valid for 2 |
58 | years following the date on which it is issued or, if a |
59 | nonimmigrant visa is required for entry into the United States, |
60 | for the duration of the nonimmigrant visa issued to the |
61 | applicant by the United States Government, whichever period is |
62 | longer, and may be renewed thereafter under the same |
63 | restrictions and conditions as the initial issuance if the |
64 | applicant, at the time of renewal, satisfies the requirements of |
65 | this section. |
66 | (3) To receive or renew a driver license under this |
67 | section, a legal nonimmigrant visitor applicant must submit to |
68 | the department all of the following: |
69 | (a) A valid passport from the home country of the |
70 | applicant. |
71 | (b) For an applicant entering from a country that is not |
72 | identified by the United States Department of Homeland Security |
73 | Bureau of Citizenship and Immigration Services as a visa waiver |
74 | country, a valid multiple-entry nonimmigrant visa issued to the |
75 | applicant by the United States Government. |
76 | (c) A valid and current I-94 form issued by United States |
77 | Citizenship and Immigration Services to the applicant. |
78 | (d) A valid driver license from the home country of the |
79 | applicant. |
80 | (4) The department may adopt rules under ss. 120.536(1) |
81 | and 120.54 necessary to administer this section. |
82 | Section 2. Section 322.075, Florida Statutes, is created |
83 | to read: |
84 | 322.075 Driving permits for persons entering the United |
85 | States under the Cuban Adjustment Act.-- |
86 | (1) The department may, subject to the requirements of |
87 | this section, issue a driving permit to a foreign national who |
88 | entered the United States under the Cuban Adjustment Act, as |
89 | amended, 8 U.S.C. s. 1255, and who may not be deported to his or |
90 | her country of citizenship due to the absence of diplomatic |
91 | relations 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 |
94 | who meets the applicable requirements of this chapter but who is |
95 | unable to satisfy the forms for proof of identity prescribed in |
96 | s. 322.08(2)(c). |
97 | (b) Present a form of identification that is acceptable to |
98 | the department, as prescribed by the department. |
99 | (c) Submit to fingerprint capture, which the department |
100 | must maintain on file and use in reviewing an application to |
101 | renew a driving permit under subsection (5). The department must |
102 | use the fingerprints to conduct a criminal background and |
103 | security check through the Department of Law Enforcement and the |
104 | Federal Bureau of Investigation. |
105 | (d) Affirm to the department that he or she: |
106 | 1. Has not been convicted of a violent felony, terrorism, |
107 | or money laundering, or conspiracy to commit a violent felony, |
108 | terrorism, or money laundering, by any state or federal court. |
109 | 2. Is not a habitual offender of laws relating to illegal |
110 | drugs. |
111 | 3. Has not been designated as a terrorist or the leader of |
112 | an illegal drug enterprise by the United States Department of |
113 | Justice. |
114 | 4. Will not travel to any country that is on a list of |
115 | terrorist countries maintained by the United States Government |
116 | for a period not to exceed 2 years or the duration of the |
117 | driving permit authorized in this section. |
118 | 5. Is not wanted for any offense or act listed in this |
119 | paragraph by any law enforcement authority in the United States. |
120 | (3) Before issuing a driving permit under this section, |
121 | the department must: |
122 | (a) Conduct a criminal background check through the |
123 | Department of Law Enforcement and the Federal Bureau of |
124 | Investigation. |
125 | (b) Verify through the Department of Law Enforcement and |
126 | Federal Bureau of Investigation that the applicant is not a |
127 | security risk to the state or the United States. |
128 | (c) Verify that the applicant has not been designated as a |
129 | terrorist or as the leader of an illegal drug enterprise by the |
130 | United States Department of Justice. |
131 | (d) Verify the identity of the individual by using the |
132 | fingerprints submitted under subsection (2). |
133 | (4) A driving permit issued by the department under this |
134 | section: |
135 | (a) Must have a background that distinguishes the permit |
136 | from 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 |
139 | the date the department issues the permit. |
140 | (d) Is valid for use in this state only and must include a |
141 | statement prominently placed that the driving permit is valid |
142 | for use in this state only. |
143 | (5) A person who is issued a driving permit under this |
144 | section may apply to the department to renew the driving permit |
145 | if the person otherwise qualifies for renewal under this |
146 | chapter. The department may renew a driving permit for a period |
147 | not to exceed 2 years if: |
148 | (a) The applicant for renewal of a driving permit submits |
149 | proof of identification that satisfies subsection (2). |
150 | (b) The department conducts a criminal background and |
151 | security check of the individual by using the fingerprints |
152 | submitted under subsection (2). |
153 | (c) The department verifies with the Department of Law |
154 | Enforcement and Federal Bureau of Investigation that the |
155 | applicant is not a security risk to the state or the United |
156 | States. |
157 | (d) The department verifies that the applicant has not |
158 | been designated as a terrorist or as the leader of an illegal |
159 | drug enterprise by the United States Department of Justice. |
160 | (6) The department may not issue or renew a driving permit |
161 | under this section if the applicant: |
162 | (a) Has been convicted of a violent felony, terrorism, or |
163 | money laundering or conspiracy to commit a violent felony, |
164 | terrorism, or money laundering by any state or federal court; |
165 | (b) Is a habitual offender of laws relating to illegal |
166 | drugs; |
167 | (c) Has been designated as a terrorist or the leader of an |
168 | illegal drug enterprise by the United States Department of |
169 | Justice; or |
170 | (d) Has traveled to any country that is on a list of |
171 | terrorist countries maintained by the United States Government. |
172 | (7) Foreign national applicants meeting the requirements |
173 | of this section must show proof satisfactory to the department. |
174 | The provisions of s. 322.212 apply to a driving permit issued |
175 | under this section, and the penalties prescribed in s. 322.212 |
176 | apply to a violation of that section which occurs with respect |
177 | to such a driving permit. |
178 | (8) A driving permit issued under this section is property |
179 | of the state. A person in possession of a driving permit must |
180 | provide it to a law enforcement officer upon request. A law |
181 | enforcement officer having a reasonable belief that a person |
182 | possesses or is using a driving permit in violation of this |
183 | section or any other law may seize the driving permit. A person |
184 | from whom a law enforcement officer seizes a driving permit |
185 | under this subsection does not have a cause of action against |
186 | the law enforcement officer for the seizure of the driving |
187 | permit. |
188 | (9) The department may cancel any driving permit issued |
189 | under this section upon determining that the foreign national is |
190 | no longer entitled to the issuance of the driving permit. |
191 | (10)(a) The department shall establish fees for the |
192 | initial issuance and the renewal of a driving permit under this |
193 | section. The fees must account for costs related to conducting |
194 | criminal background checks and verifying security risks related |
195 | to the applicant as required under this section. |
196 | (b) All fees collected under this section shall be |
197 | deposited in the Highway Safety Operating Trust Fund. |
198 | (11) The department may adopt rules under s. 120.536(1) |
199 | and s. 120.54 necessary to administer this section. |
200 | Section 3. This act shall take effect February 1, 2006. |