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