HB 1147CS

CHAMBER ACTION




1The Transportation 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 checks; providing requirements for the
18permits; providing for period of validity; restricting
19validity to use in the state; providing for renewal;
20prohibiting certain use and providing penalties therefor;
21providing for seizure and cancellation of the permit under
22certain circumstances; providing for fees; authorizing the
23department to adopt rules; providing an effective 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 the
28ability of individuals to seek medical care, employment, and
29education, to develop business enterprises, and to provide for
30themselves and their families, and
31     WHEREAS, the licensing and permitting of drivers
32facilitates access to automobile insurance and promotes the safe
33operation of motor vehicles for the benefit of all Floridians,
34and
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 license or permit should
39be a process that emphasizes confirmation of the identity of the
40applicant 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
60by a driver license applicant, then a license issued under this
61section is valid for the duration of the nonimmigrant visa
62issued to the applicant by the United States Government, up to a
63maximum of 6 years. If the nonimmigrant visa driver license
64applicant is holding a nonimmigrant visa with less than 6 years'
65validity remaining on the nonimmigrant visa, then a license
66issued under this section is valid for the duration remaining on
67the nonimmigrant visa issued to the applicant by the United
68States Government and may be renewed thereafter under the same
69restrictions and conditions as the initial issuance if the
70applicant, at the time of renewal, satisfies the requirements of
71this section.
72     (3)  To receive or renew a driver license under this
73section, a legal nonimmigrant visitor applicant must submit to
74the department all of the following:
75     (a)  A valid passport from the home country of the
76applicant.
77     (b)  For an applicant entering from a country that is not
78identified by the United States Department of Homeland Security
79Bureau of Citizenship and Immigration Services as a visa waiver
80country, a valid multiple-entry nonimmigrant visa issued to the
81applicant by the United States Government.
82     (c)  A valid and current I-94 form issued by United States
83Citizenship and Immigration Services to the applicant.
84     (d)  A valid driver license from the home country of the
85applicant.
86     (4)  The department may adopt rules under ss. 120.536(1)
87and 120.54 necessary to administer this section.
88     Section 2.  Section 322.075, Florida Statutes, is created
89to read:
90     322.075  Driving permits for persons entering the United
91States under the Cuban Adjustment Act.--
92     (1)  The department may, subject to the requirements of
93this section, issue a driving permit to a foreign national who
94entered the United States under the Cuban Adjustment Act, as
95amended, 8 U.S.C. s. 1255, and who may not be deported to his or
96her country of citizenship due to the absence of diplomatic
97relations between that country and the United States.
98     (2)  To be eligible under this section, the applicant must:
99     (a)  Be an applicant for a driver license under s. 322.08
100who meets the applicable requirements of this chapter but who is
101unable to satisfy the forms for proof of identity prescribed in
102s. 322.08(2)(c).
103     (b)  Present a form of identification that is acceptable to
104the department, as prescribed by the department.
105     (c)  Submit to fingerprint capture, which the department
106must maintain on file and use in reviewing an application to
107renew a driving permit under subsection (5). Fingerprints shall
108be submitted to the Department of Law Enforcement for a state
109criminal history records check and to the Federal Bureau of
110Investigation for a national criminal history records check.
111     (d)  Affirm to the department that he or she:
112     1.  Has not been found guilty of, regardless of
113adjudication, or entered a plea of nolo contendere or guilty to
114any law relating to illegal drugs or a forcible felony,
115facilitating or furthering any act of terrorism as provided
116under s. 775.31 or any federal crime related to terrorism, or
117money laundering as defined in chapter 896 and its federal
118counterpart, or conspiracy to commit a forcible felony,
119facilitate or further any act of terrorism, or commit money
120laundering, in any state or federal court.
121     2.  Has not been designated as a terrorist or the leader of
122an illegal drug enterprise by the United States Department of
123Justice.
124     3.  Will not travel to any country that is on a list of
125terrorist countries maintained by the United States Government
126for a period not to exceed 2 years or the duration of the
127driving permit authorized in this section.
128     4.  Is not wanted for any offense or act listed in this
129paragraph by any law enforcement authority in the United States.
130     (3)  Before issuing a driving permit under this section,
131the department must:
132     (a)  Conduct a fingerprint-based state and national
133criminal history records check through the Department of Law
134Enforcement and the Federal Bureau of Investigation.
135     (b)  Verify that the applicant has not been designated as a
136terrorist or as the leader of an illegal drug enterprise by the
137United States Department of Justice.
138     (c)  Verify the identity of the individual by using the
139fingerprints submitted under subsection (2).
140     (4)  A driving permit issued by the department under this
141section:
142     (a)  Must have a background that distinguishes the permit
143from a driver license issued under s. 322.08.
144     (b)  Must be issued under the requirements of s. 322.142.
145     (c)  Is valid for a period not to exceed 2 years following
146the date the department issues the permit.
147     (d)  Is valid for use in this state only and must include a
148statement prominently placed that the driving permit is valid
149for use in this state only.
150     (5)  A person who is issued a driving permit under this
151section may apply to the department to renew the driving permit
152if the person otherwise qualifies for renewal under this
153chapter. The department may renew a driving permit for a period
154not to exceed 2 years if:
155     (a)  The applicant for renewal of a driving permit submits
156proof of identification that satisfies subsection (2).
157     (b)  The department conducts a state and national criminal
158history records check of the individual through the Department
159of Law Enforcement and the Federal Bureau of Investigation by
160using the fingerprints submitted under subsection (2).
161     (c)  The department verifies that the applicant has not
162been designated as a terrorist or as the leader of an illegal
163drug enterprise by the United States Department of Justice.
164     (6)  The department may not issue or renew a driving permit
165under this section if the applicant:
166     (a)  Has been found guilty of, regardless of adjudication,
167or entered a plea of nolo contendere or guilty to any law
168relating to illegal drugs or a forcible felony, facilitating or
169furthering any act of terrorism as provided in s. 775.31 or any
170federal crime related to terrorism, or money laundering as
171defined in chapter 896 and its federal counterpart, or
172conspiracy to commit a forcible felony, facilitate or further
173any act of terrorism, or commit money laundering, in any state
174or federal court;
175     (b)  Is a habitual offender of laws relating to illegal
176drugs;
177     (c)  Has been designated as a terrorist or the leader of an
178illegal drug enterprise by the United States Department of
179Justice; or
180     (d)  Has traveled to any country that is on a list of
181terrorist countries maintained by the United States Government.
182     (7)  Foreign national applicants meeting the requirements
183of this section must show proof satisfactory to the department.
184The provisions of s. 322.212 apply to a driving permit issued
185under this section, and the penalties prescribed in s. 322.212
186apply to a violation of that section which occurs with respect
187to such a driving permit.
188     (8)  A driving permit issued under this section is property
189of the state. A person in possession of a driving permit must
190provide it to a law enforcement officer upon request. A law
191enforcement officer having a reasonable belief that a person
192possesses or is using a driving permit in violation of this
193section or any other law may seize the driving permit. A person
194from whom a law enforcement officer seizes a driving permit
195under this subsection does not have a cause of action against
196the law enforcement officer for the seizure of the driving
197permit.
198     (9)  The department may cancel any driving permit issued
199under this section upon determining that the foreign national is
200no longer entitled to the issuance of the driving permit.
201     (10)(a)  The department shall establish fees for the
202initial issuance and the renewal of a driving permit under this
203section. The fees must account for costs related to conducting
204criminal background checks and verifying security risks related
205to the applicant as required under this section.
206     (b)  All fees collected under this section shall be
207deposited in the Highway Safety Operating Trust Fund. The
208Department of Law Enforcement shall invoice the department for
209the fingerprints submitted each month.
210     (11)  The department may adopt rules under s. 120.536(1)
211and s. 120.54 necessary to administer this section.
212     Section 3.  This act shall take effect February 1, 2006.


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