Senate Bill sb1360c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 1360

    By the Committee on Commerce, Economic Opportunities, and
    Consumer Services; and Senators Garcia and Wilson




    310-2431-04

  1                      A bill to be entitled

  2         An act relating to drivers' licenses; creating

  3         s. 322.071, F.S.; authorizing the Department of

  4         Highway Safety and Motor Vehicles to issue

  5         driving permits to certain foreign nationals

  6         who cannot satisfy a specific requirement of

  7         the driver's license statute; prescribing that

  8         the department may issue driving permits to

  9         foreign nationals from countries meeting

10         certain criteria; prescribing the information

11         that an applicant for a driving permit must

12         present to the department; providing that the

13         department must receive certain official

14         records and information from the applicant's

15         country of citizenship prior to issuing a

16         driving permit; requiring the department to

17         conduct criminal background and security

18         checks; providing limitations on the driving

19         permit; prohibiting the department from issuing

20         a driving permit to a person convicted of a

21         felony; providing for renewal of driving

22         permits; authorizing law enforcement officers

23         to seize driving permits under certain

24         circumstances; providing for the application to

25         driving permits of certain provisions and

26         criminal penalties governing drivers' licenses;

27         authorizing the department to establish fees

28         for issuance and renewal of a driving permit;

29         creating s. 322.072, F.S.; authorizing the

30         department to issue driving permits to certain

31         foreign nationals who enter the United States

                                  1

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






    Florida Senate - 2004                           CS for SB 1360
    310-2431-04




 1         under the Cuban Adjustment Act; prescribing

 2         conditions an applicant for a driving permit

 3         must meet and information an applicant must

 4         present to the department; requiring the

 5         department to conduct criminal background and

 6         security checks; providing limitations on the

 7         driving permit; prohibiting the department from

 8         issuing a driving permit to a person convicted

 9         of certain crimes; providing for renewal of

10         driving permits; authorizing law enforcement

11         officers to seize driving permits under certain

12         circumstances; providing for the application to

13         driving permits of certain provisions and

14         criminal penalties governing drivers' licenses;

15         authorizing the department to establish fees

16         for issuance and renewal of a driving permit;

17         creating s. 322.073, F.S.; authorizing the

18         department to issue a driver's license to a

19         foreign national who is not an immigrant;

20         providing for the expiration of this driver's

21         license; providing application requirements;

22         authorizing the department to adopt rules;

23         providing an effective date.

24  

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  and education and provide for themselves and their families,

30  and

31  

                                  2

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






    Florida Senate - 2004                           CS for SB 1360
    310-2431-04




 1         WHEREAS, the licensing and permitting of drivers

 2  promotes the safe operation of motor vehicles for the benefit

 3  of all Floridians, and

 4         WHEREAS, there are many individuals from foreign

 5  countries living in this state who are not able to obtain a

 6  driver's license or permit, and

 7         WHEREAS, the issuance of a driver's license or permit

 8  should be a process that emphasizes confirmation of the

 9  identity of the applicant for the license or permit, and

10         WHEREAS, establishing a secure process under which

11  foreign nationals and frequent foreign visitors to this state

12  may obtain lawful driving privileges promotes commerce, safety

13  on the roadways, and personal and economic security for the

14  people of this state, NOW, THEREFORE,

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Section 322.071, Florida Statutes, is

19  created to read:

20         322.071  Driving permits for foreign nationals.--

21         (1)  The department may, subject to the requirements of

22  this section, issue a driving permit to a foreign national who

23  is an applicant for a driver's license under s. 322.08 and who

24  meets the applicable requirements of this chapter but who is

25  unable to satisfy the forms for proof of identity prescribed

26  in s. 322.08(2)(c).

27         (2)  To be eligible for a driving permit under this

28  section, the applicant must be a citizen of a country that

29  maintains diplomatic relations with the United States, is not

30  a threat to the United States, as determined by the United

31  

                                  3

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






    Florida Senate - 2004                           CS for SB 1360
    310-2431-04




 1  States government, and is not on a list of terrorist countries

 2  maintained by the United States government.

 3         (3)  An applicant for a driving permit under this

 4  section must:

 5         (a)1.  Present to the department a current

 6  identification card issued to the applicant by the embassy or

 7  consulate in the United States of his or her country of

 8  citizenship. The identification card must contain a digital

 9  image of the applicant and have been produced using security

10  measures and features to prevent tampering or counterfeiting

11  which satisfy standards prescribed by the department.

12         2.  The department may provide for the acceptance of an

13  alternative form of identification to the identification card

14  under subparagraph 1., including a passport, national identity

15  card, or other similar official proof of identification issued

16  by the government of the applicant's county of citizenship.

17         (b)  Present a second form of identification, in

18  addition to the identification required under paragraph (a),

19  which is subject to approval by the department and which may

20  include, but not be limited to, an employer identification

21  card issued by the United States government or an individual

22  taxpayer identification number issued by the United States

23  government.

24         (c)  Submit to fingerprint capture, which the

25  department must maintain on file and use in reviewing an

26  application to renew a driving permit under subsection (6).

27  The department must use the fingerprints to conduct a criminal

28  background and security check through the Department of Law

29  Enforcement and the Federal Bureau of Investigation.

30         (d)  Submit proof, to the satisfaction of the

31  department, of an established presence in this state for at

                                  4

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






    Florida Senate - 2004                           CS for SB 1360
    310-2431-04




 1  least 6 months during the 5 years preceding the date of

 2  application for a driving permit. The proof under this

 3  paragraph may include:

 4         1.  Documentation demonstrating ownership of, or a

 5  lease on, real property in this state;

 6         2.  Utility bills;

 7         3.  Bank or similar financial records;

 8         4.  Salary warrants; or

 9         5.  Sworn affidavits from at least two United States

10  citizens who have known the applicant during the applicant's

11  presence in this state.

12         (e)  Affirm to the department that he or she has not

13  been convicted of any crime that would constitute a felony in

14  this state and is not wanted for a crime that would constitute

15  a felony in this state by any criminal authorities in the

16  country of citizenship or in the United States.

17         (f)1.  Submit proof of ownership of a motor vehicle,

18  including a leasehold interest in a motor vehicle; or

19         2.  Document to the satisfaction of the department the

20  necessity to operate a motor vehicle for employment, business,

21  occupational, educational, medical, or religious reasons; for

22  support of the applicant or the applicant's family; or for

23  other similar reasons prescribed by the department.

24         (4)  Before issuing a driving permit under this

25  section, the department must:

26         (a)  Receive from the embassy or consulate in the

27  United States of the applicant's country of citizenship the

28  following information about the applicant available from

29  official records maintained by the government of that country:

30         1.  Documentation that the applicant has not been

31  convicted of a crime in the country which would constitute a

                                  5

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






    Florida Senate - 2004                           CS for SB 1360
    310-2431-04




 1  felony in this state and is not wanted for any crime that

 2  would constitute a felony in this state by the country's

 3  national criminal authorities or by the criminal authority of

 4  any state, province, or similar jurisdiction in the country.

 5         2.  A certified copy of the applicant's official

 6  driving record, if available, from his or her country of

 7  citizenship.

 8         3.  Certification by the embassy or consulate that the

 9  form of identification submitted by the applicant under

10  subsection (3) is legitimate. If the form of identification

11  submitted by the applicant is an identification card issued by

12  the embassy or consulate, the department must receive from the

13  embassy or consulate a certification of the legitimacy of any

14  underlying documents that the embassy or consulate relied upon

15  in issuing the identification card to the applicant.

16  

17  An applicant for a driving permit under this section must

18  arrange for the embassy or consulate to submit the information

19  directly to the department on behalf of the applicant.

20         (b)  Receive a certification from the embassy or

21  consulate in the United States of applicant's county of

22  citizenship that the country maintains a security system to

23  prevent the issuance of multiple identities to one individual.

24  The department may use a single certification as a basis for

25  processing multiple applications for driving permits to

26  individuals from the same country. A certification, however,

27  expires 2 years after the date an embassy or consulate submits

28  it to the department. When the certification expires, the

29  department may not issue or renew a driving permit for a

30  foreign national from that country of citizenship until the

31  department receives a new certification.

                                  6

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






    Florida Senate - 2004                           CS for SB 1360
    310-2431-04




 1         (c)  Verify as necessary through the United States

 2  Citizenship and Immigration Services within the United States

 3  Department of Homeland Security that the applicant is not

 4  subject to an order of deportation issued by the United States

 5  government.

 6         (d)  Conduct a criminal background check through the

 7  Department of Law Enforcement and the Federal Bureau of

 8  Investigation.

 9         (e)  Verify through the Department of Law Enforcement

10  and the Federal Bureau of Investigation that the applicant is

11  not a security risk to the state or the United States.

12         (5)  A driving permit issued by the department under

13  this section:

14         (a)  Must have a background that distinguishes the

15  permit from a driver's license issued under s. 322.08.

16         (b)  Must be issued under the requirements of s.

17  322.142.

18         (c)  Is valid for a period not to exceed 2 years

19  following the date the department issues the permit.

20         (d)  Is valid for use in this state only and must

21  include a statement prominently placed that the driving permit

22  is valid for use in this state only.

23         (6)  A foreign national who is issued a driving permit

24  under this section may apply to the department to renew the

25  driving permit if the foreign national otherwise qualifies for

26  renewal under this chapter. The department may renew a driving

27  permit for a period not to exceed 2 years if:

28         (a)  The applicant for renewal of a driving permit

29  submits proof of identification that satisfies subsection (3).

30  

31  

                                  7

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






    Florida Senate - 2004                           CS for SB 1360
    310-2431-04




 1         (b)  The department conducts a criminal background and

 2  security check of the individual using the fingerprints

 3  submitted under subsection (3).

 4         (c)  The department verifies through the United States

 5  Citizenship and Immigration Services within the United States

 6  Department of Homeland Security that the applicant is not

 7  subject to an order of deportation issued by the United States

 8  government.

 9         (d)  The department verifies with the Department of Law

10  Enforcement and the Federal Bureau of Investigation that the

11  applicant is not a security risk to the state or the United

12  States.

13         (7)  The department may not issue a driving permit or

14  renew a driving permit under this section if the applicant has

15  been convicted of a crime in the United States or in any other

16  country which would be classified as a felony in this state.

17         (8)  Foreign national applicants meeting the

18  requirements of this section must show proof satisfactory to

19  the department. The provisions of s. 322.212 apply to a

20  driving permit issued under this section, and the penalties

21  prescribed in s. 322.212 apply to a violation of that section

22  which occurs with respect to such a driving permit.

23         (9)  A driving permit issued under this section is

24  property of the state. A person in possession of a driving

25  permit must provide it to a law enforcement officer upon

26  request. A law enforcement officer having a reasonable belief

27  that a person possesses, or is using, a permit in violation of

28  this section or any other law may seize the driving permit. A

29  person from whom a law enforcement officer seizes a driving

30  permit under this subsection does not have a cause of action

31  

                                  8

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






    Florida Senate - 2004                           CS for SB 1360
    310-2431-04




 1  against the law enforcement officer for the seizure of the

 2  driving permit.

 3         (10)  The department may cancel any driving permit

 4  issued under this section upon determining that the foreign

 5  national is no longer entitled to the issuance of the driving

 6  permit.

 7         (11)(a)  The department shall establish fees for the

 8  initial issuance and the renewal of a driving permit under

 9  this section. The fees must account for costs related to

10  conducting criminal background checks, verifying immigration

11  status, and verifying security risks related to the applicant

12  as required under this section.

13         (b)  All fees collected under this section shall be

14  deposited in the Highway Safety Operating Trust Fund.

15         (12)  The department may adopt rules under s.

16  120.536(1) and s. 120.54 necessary to administer this section.

17         Section 2.  Section 322.072, Florida Statutes, is

18  created to read:

19         322.072  Driving permits for persons entering the

20  United States under the Cuban Adjustment Act.--

21         (1)  Notwithstanding any provisions in this chapter to

22  the contrary, the department may, subject to the requirements

23  of this section, issue a driving permit to a foreign national

24  who entered the United States under the Cuban Adjustment Act,

25  as amended, 8 U.S.C. s. 1255, and who may not be deported to

26  his or her country of citizenship because of the absence of

27  diplomatic relations between that country and the United

28  States.

29         (2)  To be eligible under this section, the applicant

30  must:

31  

                                  9

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






    Florida Senate - 2004                           CS for SB 1360
    310-2431-04




 1         (a)  Be an applicant for a driver's license under s.

 2  322.08 who meets the applicable requirements of this chapter

 3  but who is unable to satisfy the forms for proof of identity

 4  prescribed in s. 322.08(2)(c).

 5         (b)  Present a form of identification that is

 6  acceptable to the department, as prescribed by the department.

 7         (c)  Submit to fingerprint capture, which the

 8  department must maintain on file and use in reviewing an

 9  application to renew a driving permit under subsection (5).

10  The department must use the fingerprints to conduct a criminal

11  background and security check through the Department of Law

12  Enforcement and the Federal Bureau of Investigation.

13         (d)1.  Affirm to the department that he or she has not

14  been convicted of a violent felony, terrorism, or money

15  laundering, or conspiracy to commit any of these crimes, by

16  any state or federal court; is not a habitual offender of laws

17  relating to illegal drugs; and has not been designated as a

18  terrorist or the leader of an illegal drug enterprise by the

19  United States Department of Justice; and

20         2.  Affirm to the department that he or she is not

21  wanted for any offenses or acts prescribed in subparagraph 1.

22  by any law enforcement authorities in the United States.

23         (e)1.  Submit proof of ownership of a motor vehicle,

24  including a leasehold interest in a motor vehicle; or

25         2.  Document to the satisfaction of the department the

26  necessity to operate a motor vehicle for employment, business,

27  occupational, educational, medical, or religious reasons; for

28  support of the applicant or the applicant's family; or for

29  other similar reasons prescribed by the department.

30         (3)  Before issuing a driving permit under this

31  section, the department must:

                                  10

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






    Florida Senate - 2004                           CS for SB 1360
    310-2431-04




 1         (a)  Conduct a criminal background check through the

 2  Department of Law Enforcement and the Federal Bureau of

 3  Investigation.

 4         (b)  Verify through the Department of Law Enforcement

 5  and the Federal Bureau of Investigation that the applicant is

 6  not a security risk to the state or the United States.

 7         (c)  Verify that the applicant has not been designated

 8  as a terrorist or as the leader of an illegal drug enterprise

 9  by the United States Department of Justice.

10         (d)  Verify the identity of the individual using the

11  fingerprints submitted under subsection (2).

12         (4)  A driving permit issued by the department under

13  this section:

14         (a)  Must have a background that distinguishes the

15  permit from a driver's license issued under s. 322.08.

16         (b)  Must be issued under the requirements of s.

17  322.142.

18         (c)  Is valid for a period not to exceed 2 years

19  following the date the department issues the permit.

20         (d)  Is valid for use in this state only and must

21  include a statement prominently placed that the driving permit

22  is valid for use in this state only.

23         (5)  A foreign national who is issued a driving permit

24  under this section may apply to the department to renew the

25  driving permit if the foreign national otherwise qualifies for

26  renewal under this chapter. The department may renew a driving

27  permit for a period not to exceed 2 years if:

28         (a)  The applicant for renewal of a driving permit

29  submits proof of identification that satisfies subsection (2).

30  

31  

                                  11

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






    Florida Senate - 2004                           CS for SB 1360
    310-2431-04




 1         (b)  The department conducts a criminal background and

 2  security check of the individual using the fingerprints

 3  submitted under subsection (2).

 4         (c)  The department verifies with the Department of Law

 5  Enforcement and the Federal Bureau of Investigation that the

 6  applicant is not a security risk to the state or the United

 7  States.

 8         (d)  The department verifies that the applicant has not

 9  been designated as a terrorist or as the leader of an illegal

10  drug enterprise by the United States Department of Justice.

11         (6)  The department may not issue a driving permit or

12  renew a driving permit under this section if the applicant has

13  been convicted of a violent felony, terrorism, or money

14  laundering, or conspiracy to commit any of these crimes, by

15  any state or federal court; is a habitual offender of laws

16  relating to illegal drugs; or has been designated as a

17  terrorist or the leader of an illegal drug enterprise by the

18  United States Department of Justice.

19         (7)  Foreign national applicants meeting the

20  requirements of this section must show proof satisfactory to

21  the department. The provisions of s. 322.212 apply to a

22  driving permit issued under this section, and the penalties

23  prescribed in s. 322.212 apply to a violation of that section

24  which occurs with respect to such a driving permit.

25         (8)  A driving permit issued under this section is

26  property of the state. A person in possession of a driving

27  permit must provide it to a law enforcement officer upon

28  request. A law enforcement officer having a reasonable belief

29  that a person possesses, or is using, a permit in violation of

30  this section or any other law may seize the driving permit. A

31  person from whom a law enforcement officer seizes a driving

                                  12

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






    Florida Senate - 2004                           CS for SB 1360
    310-2431-04




 1  permit under this subsection does not have a cause of action

 2  against the law enforcement officer for the seizure of the

 3  driving permit.

 4         (9)  The department may cancel any driving permit

 5  issued under this section upon determining that the foreign

 6  national is no longer entitled to the issuance of the driving

 7  permit.

 8         (10)(a)  The department shall establish fees for the

 9  initial issuance and the renewal of a driving permit under

10  this section. The fees must account for costs related to

11  conducting criminal background checks and verifying security

12  risks related to the applicant as required under this section.

13         (b)  All fees collected under this section shall be

14  deposited in the Highway Safety Operating Trust Fund.

15         (11)  The department may adopt rules under s.

16  120.536(1) and s. 120.54 necessary to administer this section.

17         Section 3.  Section 322.073, Florida Statutes, is

18  created to read:

19         322.073  Licensing of foreign nationals who visit this

20  state.--

21         (1)  The department may, subject to the requirements of

22  this section, issue a driver's license to an applicant who is

23  a foreign national and who visits this state frequently but

24  who has not immigrated to the United States.

25         (2)  A license issued under this section is valid for 2

26  years following the date it is issued and may be renewed

27  thereafter if the applicant, at the time of renewal, satisfies

28  the requirements of this section.

29         (3)  In order to receive or renew a driver's license

30  under this section, the applicant must meet the applicable

31  

                                  13

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






    Florida Senate - 2004                           CS for SB 1360
    310-2431-04




 1  requirements of this chapter. The applicant also must submit

 2  to the department:

 3         (a)  Proof of ownership or rental of a residence in

 4  this state during the time the applicant is in this state, or

 5  proof of ownership of an established business in this state

 6  for a period of at least 5 years; and

 7         (b)  Proof of ownership or lease of, and registration

 8  of, a motor vehicle in this state.

 9         (4)  The department may adopt rules under s. 120.536(1)

10  and s. 120.54 necessary to administer this section, including,

11  but not limited to, rules governing the documentation that

12  will satisfy the proof required under subsection (3).

13         Section 4.  This act shall take effect October 1, 2004.

14  

15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                         Senate Bill 1360

17                                 

18  The committee substitute authorizes the Department of Highway
    Safety and Motor Vehicles to issue a two-year driving permit
19  to a foreign national in this state who applies for a driver's
    license but cannot produce one of the forms of proof of
20  identification required under the state driver's license
    application law. The committee substitute authorizes the
21  applicant to submit instead an identification card from the
    embassy or consulate of his or her country of citizenship,
22  provided the country is one with which the United States
    maintains diplomatic relations and is not on a list of
23  terrorist countries. The committee substitute also creates
    comparable authority for the department to issue a two-year
24  driving permit to a person who enters the United States under
    the Cuban Adjustment Act and provides proof of identity to the
25  satisfaction of the department. For both applicants, the
    committee substitute prescribes information requirements and
26  conditions, based on criminal activity, under which issuance
    of the permit shall be denied.
27  
    The committee substitute also establishes a process under
28  which a foreign national who visits the state frequently, but
    who is not an immigrant, may obtain a driver's license, valid
29  for two years, if he or she can prove ownership or lease of
    real property or ownership of an established business, as well
30  as prove ownership or lease and registration of a motor
    vehicle in this state.
31  

                                  14

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