| 1 | Representative(s) Zapata offered the following: |
| 2 |
|
| 3 | Amendment to Senate Amendment (400706) (with title |
| 4 | amendment) |
| 5 | On page 56, lines 10-11, |
| 6 | remove: all of said lines |
| 7 |
|
| 8 | and insert: |
| 9 | Section 15. Effective February 1, 2006, section 322.073, |
| 10 | Florida Statutes, is created to read: |
| 11 | 322.073 Licensing of foreign nationals who visit this |
| 12 | state.-- |
| 13 | (1) The department may, subject to the requirements of |
| 14 | this section, issue a driver license to an applicant who is a |
| 15 | foreign national and who legally visits this state on a frequent |
| 16 | basis but who has not immigrated to the United States. |
| 17 | (2) A license issued under this section is valid for 2 |
| 18 | years following the date on which it is issued or, if a |
| 19 | nonimmigrant visa is required for entry into the United States |
| 20 | by a driver license applicant, then a license issued under this |
| 21 | section is valid for the duration of the nonimmigrant visa |
| 22 | issued to the applicant by the United States Government, up to a |
| 23 | maximum of 6 years. If the nonimmigrant visa driver license |
| 24 | applicant is holding a nonimmigrant visa with less than 6 years' |
| 25 | validity remaining on the nonimmigrant visa, a license issued |
| 26 | under this section is valid for the duration of the nonimmigrant |
| 27 | visa issued to the applicant by the United States Government and |
| 28 | may be renewed thereafter under the same restrictions and |
| 29 | conditions as the initial issuance if the applicant, at the time |
| 30 | of renewal, satisfies the requirements of this section. |
| 31 | (3) To receive or renew a driver license under this |
| 32 | section, a legal nonimmigrant visitor applicant must submit to |
| 33 | the department all of the following: |
| 34 | (a) A valid passport from the home country of the |
| 35 | applicant. |
| 36 | (b) For an applicant entering from a country that is not |
| 37 | identified by the United States Department of Homeland Security |
| 38 | Bureau of Citizenship and Immigration Services as a visa waiver |
| 39 | country, a valid multiple-entry nonimmigrant visa issued to the |
| 40 | applicant by the United States Government. |
| 41 | (c) A valid and current I-94 form issued by United States |
| 42 | Citizenship and Immigration Services to the applicant. |
| 43 | (d) A valid driver license from the home country of the |
| 44 | applicant. |
| 45 | (4) The department may adopt rules under ss. 120.536(1) |
| 46 | and 120.54 necessary to administer this section. |
| 47 | Section 16. Effective February 1, 2006, section 322.075, |
| 48 | Florida Statutes, is created to read: |
| 49 | 322.075 Driving permits for persons entering the United |
| 50 | States under the Cuban Adjustment Act.-- |
| 51 | (1) The department may, subject to the requirements of |
| 52 | this section, issue a driving permit to a foreign national who |
| 53 | entered the United States under the Cuban Adjustment Act, as |
| 54 | amended, 8 U.S.C. s. 1255, and who may not be deported to his or |
| 55 | her country of citizenship due to the absence of diplomatic |
| 56 | relations between that country and the United States. |
| 57 | (2) To be eligible under this section, the applicant must: |
| 58 | (a) Be an applicant for a driver license under s. 322.08 |
| 59 | who meets the applicable requirements of this chapter but who is |
| 60 | unable to satisfy the forms for proof of identity prescribed in |
| 61 | s. 322.08(2)(c). |
| 62 | (b) Present a form of identification that is acceptable to |
| 63 | the department, as prescribed by the department. |
| 64 | (c) Submit to fingerprint capture, which the department |
| 65 | must maintain on file and use in reviewing an application to |
| 66 | renew a driving permit under subsection (5). Fingerprints shall |
| 67 | be submitted to the Department of Law Enforcement for a state |
| 68 | criminal history records check and to the Federal Bureau of |
| 69 | Investigation for a national criminal history records check. |
| 70 | (d) Affirm to the department that he or she: |
| 71 | 1. Has not been found guilty of, regardless of |
| 72 | adjudication, or entered a plea of nolo contendere or guilty to, |
| 73 | a violation of any law relating to illegal drugs or a forcible |
| 74 | felony, facilitating or furthering any act of terrorism as |
| 75 | provided under s. 775.31 or any federal crime related to |
| 76 | terrorism, or money laundering as defined in chapter 896 and its |
| 77 | federal counterpart, or conspiracy to commit a forcible felony, |
| 78 | facilitate or further any act of terrorism, or commit money |
| 79 | laundering, in any state or federal court. |
| 80 | 2. Has not been designated as a terrorist or the leader of |
| 81 | an illegal drug enterprise by the United States Department of |
| 82 | Justice. |
| 83 | 3. Will not travel to any country that is on a list of |
| 84 | terrorist countries maintained by the United States Government |
| 85 | for a period not to exceed 2 years or the duration of the |
| 86 | driving permit authorized in this section. |
| 87 | 4. Is not wanted for any offense or act listed in this |
| 88 | paragraph by any law enforcement authority in the United States. |
| 89 | (3) Before issuing a driving permit under this section, |
| 90 | the department must: |
| 91 | (a) Conduct a fingerprint-based state and national |
| 92 | criminal history records check through the Department of Law |
| 93 | Enforcement and the Federal Bureau of Investigation. |
| 94 | (b) Verify that the applicant has not been designated as a |
| 95 | terrorist or as the leader of an illegal drug enterprise by the |
| 96 | United States Department of Justice. |
| 97 | (c) Verify the identity of the individual by using the |
| 98 | fingerprints submitted under subsection (2). |
| 99 | (4) A driving permit issued by the department under this |
| 100 | section: |
| 101 | (a) Must have a background that distinguishes the permit |
| 102 | from a driver license issued under s. 322.08. |
| 103 | (b) Must be issued under the requirements of s. 322.142. |
| 104 | (c) Is valid for a period not to exceed 2 years following |
| 105 | the date the department issues the permit. |
| 106 | (d) Is valid for use in this state only and must include a |
| 107 | statement prominently placed that the driving permit is valid |
| 108 | for use in this state only. |
| 109 | (5) A person who is issued a driving permit under this |
| 110 | section may apply to the department to renew the driving permit |
| 111 | if the person otherwise qualifies for renewal under this |
| 112 | chapter. The department may renew a driving permit for a period |
| 113 | not to exceed 2 years if: |
| 114 | (a) The applicant for renewal of a driving permit submits |
| 115 | proof of identification that satisfies the requirements of |
| 116 | subsection (2). |
| 117 | (b) The department conducts a state and national criminal |
| 118 | history records check of the individual through the Department |
| 119 | of Law Enforcement and the Federal Bureau of Investigation by |
| 120 | using the fingerprints submitted under subsection (2). |
| 121 | (c) The department verifies that the applicant has not |
| 122 | been designated as a terrorist or as the leader of an illegal |
| 123 | drug enterprise by the United States Department of Justice. |
| 124 | (6) The department may not issue or renew a driving permit |
| 125 | under this section if the applicant: |
| 126 | (a) Has been found guilty of, regardless of adjudication, |
| 127 | or entered a plea of nolo contendere or guilty to, a violation |
| 128 | of any law relating to illegal drugs or a forcible felony, |
| 129 | facilitating or furthering any act of terrorism as provided in |
| 130 | s. 775.31 or any federal crime related to terrorism, or money |
| 131 | laundering as defined in chapter 896 and its federal |
| 132 | counterpart, or conspiracy to commit a forcible felony, |
| 133 | facilitate or further any act of terrorism, or commit money |
| 134 | laundering, in any state or federal court; |
| 135 | (b) Is a habitual offender of laws relating to illegal |
| 136 | drugs; |
| 137 | (c) Has been designated as a terrorist or the leader of an |
| 138 | illegal drug enterprise by the United States Department of |
| 139 | Justice; or |
| 140 | (d) Has traveled to any country that is on a list of |
| 141 | terrorist countries maintained by the United States Government. |
| 142 | (7) Foreign national applicants meeting the requirements |
| 143 | of this section must show proof satisfactory to the department. |
| 144 | The provisions of s. 322.212 apply to a driving permit issued |
| 145 | under this section, and the penalties prescribed in s. 322.212 |
| 146 | apply to a violation of that section which occurs with respect |
| 147 | to such a driving permit. |
| 148 | (8) A driving permit issued under this section is property |
| 149 | of the state. A person in possession of a driving permit must |
| 150 | provide it to a law enforcement officer upon request. A law |
| 151 | enforcement officer having a reasonable belief that a person |
| 152 | possesses or is using a driving permit in violation of this |
| 153 | section or any other law may seize the driving permit. A person |
| 154 | from whom a law enforcement officer seizes a driving permit |
| 155 | under this subsection does not have a cause of action against |
| 156 | the law enforcement officer for the seizure of the driving |
| 157 | permit. |
| 158 | (9) The department may cancel any driving permit issued |
| 159 | under this section upon determining that the foreign national is |
| 160 | no longer entitled to the issuance of the driving permit. |
| 161 | (10)(a) The department shall establish fees for the |
| 162 | initial issuance and the renewal of a driving permit under this |
| 163 | section. The fees must account for costs related to conducting |
| 164 | criminal history records checks and verifying security risks |
| 165 | related to the applicant as required under this section. |
| 166 | (b) All fees collected under this section shall be |
| 167 | deposited in the Highway Safety Operating Trust Fund. The |
| 168 | Department of Law Enforcement shall invoice the department for |
| 169 | the fingerprints submitted each month. |
| 170 | (11) The department may adopt rules under ss. 120.536(1) |
| 171 | and 120.54 necessary to administer this section. |
| 172 | Section 17. Except as otherwise provided herein, this act |
| 173 | shall take effect upon becoming a law. |
| 174 |
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| 175 |
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| 176 | ================= T I T L E A M E N D M E N T ================= |
| 177 | On page 60, line(s) 30-31, |
| 178 | remove: All of said lines, |
| 179 |
|
| 180 | and insert: |
| 181 | include an implementation plan; creating s. 322.073, F.S.; |
| 182 | providing for the Department of Highway Safety and Motor |
| 183 | Vehicles to issue driver licenses to certain foreign |
| 184 | nationals who frequently visit the state; providing for |
| 185 | expiration and renewal of the license; requiring |
| 186 | submission of certain information to receive the license; |
| 187 | authorizing the department to adopt rules; creating s. |
| 188 | 322.075, F.S.; providing for the department to issue |
| 189 | driving permits to certain foreign nationals who entered |
| 190 | the country under specified circumstances; providing |
| 191 | eligibility criteria; requiring the department to conduct |
| 192 | criminal history records checks; providing requirements |
| 193 | for the permits; providing for period of validity; |
| 194 | restricting validity to use in the state; providing for |
| 195 | renewal; prohibiting certain use and providing penalties |
| 196 | therefor; providing for seizure and cancellation of the |
| 197 | permit under certain circumstances; providing for fees; |
| 198 | authorizing the department to adopt rules; providing |
| 199 | effective dates. |