Bill Amendment: FL S1458 | 2013 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: Department of Highway Safety and Motor Vehicles

Status: 2013-05-01 - Laid on Table, companion bill(s) passed, see CS/CS/HB 7125 (Ch. 2013-160) [S1458 Detail]

Download: Florida-2013-S1458-Appropriations_Subcommittee_on_Transportation_Tourism_and_Economic_Development_Committee_Amendment_818276.html

---

       Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1458
       
       
       
       
       
       
                                Barcode 818276                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/29/2013           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development (Gardiner) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 2526 and 2527
    4  insert:
    5         Section 36. Section 322.143, Florida Statutes, is created
    6  to read:
    7         322.143 Use of a driver license or identification card.—
    8         (1) As used in this section, the term:
    9         (a) “Personal information” means an individual’s name,
   10  address, date of birth, driver license number, or identification
   11  card number.
   12         (b) “Private entity” means any nongovernmental entity, such
   13  as a corporation, partnership, company or nonprofit
   14  organization, any other legal entity, or any natural person.
   15         (c) “Swipe” means the act of passing a driver license or
   16  identification card through a device that is capable of
   17  deciphering, in an electronically readable format, the
   18  information electronically encoded in a magnetic strip or bar
   19  code on the driver license or identification card.
   20         (2) Except as provided in subsection (6), a private entity
   21  may not swipe an individual’s driver license or identification
   22  card, except for the following purposes:
   23         (a) To verify the authenticity of a driver license or
   24  identification card or to verify the identity of the individual
   25  if the individual pays for a good or service with a method other
   26  than cash, returns an item, or requests a refund.
   27         (b) To verify the individual’s age when providing an age
   28  restricted good or service to a person about whom there is any
   29  reasonable doubt of the person’s having reached 21 years of age.
   30         (c) To prevent fraud or other criminal activity if an
   31  individual returns an item or requests a refund and the private
   32  entity uses a fraud prevention service company or system.
   33         (d) To transmit information to a check services company for
   34  the purpose of approving negotiable instruments, electronic
   35  funds transfers, or similar methods of payment.
   36         (3) A private entity that swipes an individual’s driver
   37  license or identification card under paragraph (2)(a) or
   38  paragraph (2)(b) may not store, sell, or share personal
   39  information collected from swiping the driver license or
   40  identification card.
   41         (4) A private entity that swipes an individual’s driver
   42  license or identification card under paragraph (2)(c) or
   43  paragraph (2)(d) may store or share personal information
   44  collected from swiping an individual’s driver license or
   45  identification card for the purpose of preventing fraud or other
   46  criminal activity against the private entity.
   47         (5)(a) A person other than an entity regulated by the
   48  federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., who
   49  receives personal information from a private entity under
   50  subsection (4) may use the personal information received only to
   51  prevent fraud or other criminal activity against the private
   52  entity that provided the personal information.
   53         (b) A person who is regulated by the federal Fair Credit
   54  Reporting Act and who receives personal information from a
   55  private entity under subsection (4) may use or provide the
   56  personal information received only to effect, administer, or
   57  enforce a transaction or prevent fraud or other criminal
   58  activity, if the person provides or receives personal
   59  information under contract from the private entity.
   60         (6) If the individual does not want the private entity to
   61  swipe the individual’s driver license or identification card,
   62  the private entity may manually collect personal information
   63  from the individual.
   64         (7) The private entity may not withhold the provision of
   65  goods or services solely as a result of the individual
   66  requesting the collection of the data in subsection (6) from the
   67  individual through manual means.
   68         (8) In addition to any other remedy provided by law, an
   69  individual may bring an action to recover actual damages and to
   70  obtain equitable relief, if equitable relief is available,
   71  against an entity that swipes, stores, shares, sells, or
   72  otherwise uses the individuals personal information in violation
   73  of this section. If a court finds that a violation of this
   74  section was willful or knowing, the court may increase the
   75  amount of the award to no more than three times the amount
   76  otherwise available.
   77  
   78  ================= T I T L E  A M E N D M E N T ================
   79         And the title is amended as follows:
   80         Delete line 205
   81  and insert:
   82         department for examination or reexamination; creating
   83         s. 322.143, F.S.; defining terms; prohibiting a
   84         private entity from swiping an individual’s driver
   85         license or identification card except for certain
   86         specified purposes; providing that a private entity
   87         that swipes an individual’s driver license or
   88         identification card may not store, sell, or share
   89         personal information collected from swiping the driver
   90         license or identification card; providing that a
   91         private entity may store or share personal information
   92         collected from swiping an individual’s driver license
   93         or identification card for the purpose of preventing
   94         fraud or other criminal activity against the private
   95         entity; providing that the private entity may manually
   96         collect personal information; prohibiting a private
   97         entity from withholding the provision of goods or
   98         services solely as a result of the individual
   99         requesting the collection of the data through manual
  100         means; providing remedies; amending