State: Driver's license policies now under scrutiny

TALLAHASSEE -- Florida's system of issuing driver's licenses is coming under close scrutiny after officials learned that as many as 13 suspected hijackers in last week's deadly attack had obtained state licenses and identification cards.

State officials have questioned Florida's law that allows foreigners use a common federal immigration form as a primary form of identification to obtain a driver's license. The form, an arrival-departure record, lists the date an immigrant arrived in the United States and the date his or her stay expires.

"You fill it out, you give them a copy and you keep a copy," Assistant Statewide Prosecutor Thomas Sadaka said of the I-94 immigration form. "Florida is the only state in the nation that will accept the I-94."

As many as 13 of the 19 Middle Eastern men listed in passenger manifests as having been aboard the four doomed jetliners had Florida licenses or ID cards that aided their frequent movements around the state. Eight of the 13 men got their licenses or IDs since May 1, including one who got a license after being ticketed by a police officer for not having one.

Whether any of the 13 suspected hijackers used the I-94 to help them get Florida identification is unclear. Officials with the Florida Department of Highway Safety and Motor Vehicles had promised to release copies of the applications the men filled out when they applied for the licenses, but they changed their minds Monday.

Department spokesman Robert Sanchez said officials reached a consensus that they have to "turn off the faucet" of information.

"As the investigation continues, you may find things the field agents don't want released," Sanchez said.

Those applications would have indicated what proof of identity and legality the men used to get the state documents.

David Myers, a national expert on false identification within the state Division of Alcoholic Beverages and Tobacco, said the state needs to look at the documents it accepts as primary and secondary proof of identity.

By accepting the I-94 form, Myers said Florida is different from other states in another way: "Most states require that you maintain a permanent residency," Myers said. And while immigration officials at the point of entry can take as much time as they want to review immigration documents for authenticity, Myers said motor vehicle workers have seconds to decide or risk provoking the rest of the long line at the counter.

"People don't necessarily need a Florida driver's license. Basically, they're trying to create themselves an identity," Myers said.

He won't be surprised to see changes in how Florida issues driver's licenses when the Legislature meets again. A task force is examining driver's licenses.

"Recommendations for tightening up on the regulations for driver's license requirements were suggested," Myers said.

Sadaka agreed with Myers that there are problems with Florida's use of the I-94 form. But compared to some states that simply allow one person to verify the identity of another, Sadaka said Florida stacks up.

"On the whole, we do a pretty good job," Sadaka said.

The motor vehicle agency is overseen by Gov. Jeb Bush and the six statewide elected officials who make up the Florida Cabinet.

On Monday, Bush and Tim Moore, commissioner of the Florida Department of Law Enforcement, said the state has begun a "top-to-bottom" review of all of its security procedures -- including the forms of ID needed to get a driver's license.

"We want to examine everything, including the processes used to get a driver's license and an identification card," Moore said. "Not just in this instance, but across the range of concerns that not only law enforcement has but some businesses have."

A privacy and technology task force Bush appointed discussed driver's licenses last year but focused most of its attention on identity theft by criminals who want false IDs.

"One of the things we talked about was how easy it was to get a driver's license and identity," said task force member Barbara Petersen, executive director of the First Amendment Foundation.

Drivers License Division head Sandra Lambert said she thinks Florida isn't the only state that accepts the immigration form but was unable to name others that do. "Other states copied our law because they were so much impressed with our law," Lambert said.

As for whether the 13 suspected hijackers were legally issued their Florida identification, Lambert said the applications "met the letter of the law." When asked how she could assure the public of that without releasing the records, Lambert said: "I think I just did."

- Times researcher Deirdre Morrow contributed to this report.

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