Bill Text: FL S1324 | 2021 | Regular Session | Comm Sub

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Bill Title: Digital Driver Licenses and Identification Cards

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2021-04-22 - Laid on Table, companion bill(s) passed, see CS/HB 1313 (Ch. 2021-235), CS/HB 1315 (Ch. 2021-236) [S1324 Detail]

Download: Florida-2021-S1324-Comm_Sub.html

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       Florida Senate - 2021                             CS for SB 1324
       
       
        
       By the Committee on Rules; and Senator Harrell
       
       
       
       
       
       595-04560-21                                          20211324c1
    1                        A bill to be entitled                      
    2         An act relating to digital driver licenses and
    3         identification cards; amending s. 322.032, F.S.;
    4         defining terms; requiring the Department of Highway
    5         Safety and Motor Vehicles to establish a secure and
    6         uniform system for issuing optional digital proofs of
    7         driver licenses and identification cards; authorizing
    8         the department to contract with one or more private
    9         entities to develop an electronic credentialing
   10         system; prohibiting such electronic credentialing
   11         system from retaining certain information; revising
   12         requirements for digital proofs of driver licenses and
   13         providing requirements for digital proofs of
   14         identification cards; revising the department’s
   15         rulemaking authority; revising requirements for the
   16         issuance of digital proofs of driver licenses and
   17         identification cards; authorizing the department to
   18         use telephone numbers submitted by licensees and
   19         cardholders for specified purposes only; authorizing
   20         the department to enter into contracts with private
   21         entities for a specified purpose; prohibiting entities
   22         from storing, selling, or sharing personal information
   23         collected from scanning the digital proofs of driver
   24         licenses and identification cards; providing an
   25         exception by authorizing individuals to consent to
   26         allow private entities to collect and store such
   27         personal information; requiring that an individual be
   28         informed what information is collected in such scans
   29         and the purposes for which the information will be
   30         used; authorizing private entities to manually collect
   31         personal information from individuals under certain
   32         circumstances; providing a civil penalty; providing
   33         applicability; conforming provisions to changes made
   34         by the act; amending s. 322.14, F.S.; conforming a
   35         provision to changes made by the act; amending s.
   36         322.15, F.S.; conforming a provision to changes made
   37         by the act; requiring a licensee to present or submit
   38         his or her printed driver license to a law enforcement
   39         officer or an authorized representative of the
   40         department under specified circumstances; reenacting
   41         s. 322.121(2), F.S., relating to periodic
   42         reexamination of all drivers, to incorporate the
   43         amendment made to s. 322.15, F.S., in a reference
   44         thereto; providing an effective date.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Section 322.032, Florida Statutes, is amended to
   49  read:
   50         322.032 Digital proof of driver license or identification
   51  card.—
   52         (1) As used in this section, the term:
   53         (a) “Digital proof of driver license” means an electronic
   54  credential viewable on an electronic credentialing system.
   55         (b) “Digital proof of identification card” means an
   56  electronic credential viewable on an electronic credentialing
   57  system.
   58         (c) “Electronic credentialing system” means a computer
   59  system accessed using a computer, a cellular telephone, or any
   60  other personal device which queries the department’s driver
   61  license and identification card records, displays or transmits
   62  digital proofs of driver licenses and identification cards, and
   63  verifies the authenticity of those electronic credentials.
   64         (d) “Limited profile” means an electronic credential
   65  containing some, but not all, of the information displayed on a
   66  printed driver license or identification card.
   67         (e) “Scanning” means obtaining data from a digital proof of
   68  driver license or identification card in an electronic format.
   69         (2)(a) The department shall establish begin to review and
   70  prepare for the development of a secure and uniform system for
   71  issuing an optional digital proof of driver license or
   72  identification card. The department may contract with one or
   73  more private entities to develop an electronic credentialing a
   74  digital proof of driver license system.
   75         (b) The electronic credentialing system may not retain
   76  Internet protocol addresses, geolocation data, or other
   77  information that describes the location, computer, computer
   78  system, or computer network from which a customer accesses the
   79  system.
   80         (3)(a)(2) The digital proof of driver license or
   81  identification card established developed by the department or
   82  by an entity contracted by the department must be in such a
   83  format as to allow verification of law enforcement to verify the
   84  authenticity of the digital proof of driver license or
   85  identification card. The department may adopt rules to ensure
   86  valid authentication of digital driver licenses and
   87  identification cards by law enforcement.
   88         (b)1. Notwithstanding ss. 322.14, 322.141, 322.142, and any
   89  other law prescribing the design for, or information required to
   90  be displayed on, a driver license, a digital proof of driver
   91  license may comprise a limited profile that includes only
   92  information necessary to conduct a specific transaction on the
   93  electronic credentialing system.
   94         2. Notwithstanding ss. 322.051, 322.141, and any other law
   95  prescribing the design for, or information required to be
   96  displayed on, an identification card, a digital proof of
   97  identification card may comprise a limited profile that includes
   98  only information necessary to conduct a specific transaction on
   99  the electronic credentialing system.
  100         (4)(3) A person may not be issued a digital proof of driver
  101  license or identification card until he or she satisfies all has
  102  satisfied all of the requirements of this chapter for issuance
  103  of the respective a physical driver license or identification
  104  card and has been issued a printed driver license or
  105  identification card. The electronic credentialing system must,
  106  upon each presentation of a digital driver license or
  107  identification card, display or transmit current records for the
  108  driver license or identification card. If a licensee’s driving
  109  privilege is suspended, revoked, or disqualified, or if his or
  110  her driver license is otherwise canceled or expired, a digital
  111  proof of driver license may not be issued; however, a digital
  112  proof of identification card may be issued if the licensee is
  113  otherwise eligible for an identification card under s. 322.051
  114  as provided in this chapter.
  115         (5) The department may use a telephone number submitted by
  116  a licensee or cardholder in connection with a digital driver
  117  license or identification card only for purposes of
  118  communication regarding the digital proof of driver license or
  119  identification card or the motor vehicle records, as defined in
  120  s. 119.0712(2)(a), of the licensee or cardholder.
  121         (6) The department may enter into a contract with a private
  122  entity which authorizes online data calls or offline data
  123  verification through the electronic credentialing system that
  124  queries the department’s driver license and identification card
  125  records, displays or transmits digital proofs of driver licenses
  126  or identification cards, or verifies the authenticity of such
  127  electronic credentials.
  128         (7)(a) Except as provided in paragraph (b), a private
  129  entity that scans a digital proof of driver license or
  130  identification card may not store, sell, or share personal
  131  information collected from such scanning of the digital proof of
  132  driver license or identification card.
  133         (b) An individual may consent to allow a private entity to
  134  collect and store personal information obtained by scanning his
  135  or her digital proof of driver license or identification card.
  136  However, the individual must be informed what information is
  137  collected and the purpose or purposes for which the information
  138  will be used. If the individual does not want the private entity
  139  to scan his or her digital proof of the individual’s driver
  140  license or identification card, the private entity may manually
  141  collect personal information from the individual.
  142         (c) A private entity that violates this subsection is
  143  subject to a civil penalty not to exceed $5,000 per occurrence.
  144         (d) This subsection does not apply to a financial
  145  institution as defined in s. 655.005(1)(i).
  146         (8)(4) A person who:
  147         (a) Manufactures a false digital proof of driver license or
  148  identification card commits a felony of the third degree,
  149  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  150         (b) Possesses a false digital proof of driver license or
  151  identification card commits a misdemeanor of the second degree,
  152  punishable as provided in s. 775.082.
  153         Section 2. Paragraph (a) of subsection (1) of section
  154  322.14, Florida Statutes, is amended to read:
  155         322.14 Licenses issued to drivers.—
  156         (1)(a) The department shall, upon successful completion of
  157  all required examinations and payment of the required fee, issue
  158  to every qualified applicant a printed driver license that must
  159  bear a color photograph or digital image of the licensee; the
  160  name of the state; a distinguishing number assigned to the
  161  licensee; and the licensee’s full name, date of birth, and
  162  residence address; a brief description of the licensee,
  163  including, but not limited to, the licensee’s gender and height;
  164  and the dates of issuance and expiration of the license. A space
  165  shall be provided upon which the licensee shall affix his or her
  166  usual signature. A license is invalid until it has been signed
  167  by the licensee except that the signature of the licensee is not
  168  required if it appears thereon in facsimile or if the licensee
  169  is not present within the state at the time of issuance.
  170         Section 3. Subsection (1) of section 322.15, Florida
  171  Statutes, is amended to read:
  172         322.15 License to be carried and exhibited on demand;
  173  fingerprint to be imprinted upon a citation.—
  174         (1) Every licensee shall have his or her driver license,
  175  which must be fully legible with no portion of such license
  176  faded, altered, mutilated, or defaced, in his or her immediate
  177  possession at all times when operating a motor vehicle and shall
  178  present or submit the same upon the demand of a law enforcement
  179  officer or an authorized representative of the department. A
  180  licensee may present or submit a digital proof of driver license
  181  as provided in s. 322.032 in lieu of his or her printed a
  182  physical driver license; however, if the law enforcement officer
  183  or authorized representative of the department is unable to
  184  immediately verify the digital proof of driver license, upon the
  185  demand of the law enforcement officer or authorized
  186  representative of the department, the licensee must present or
  187  submit his or her printed driver license.
  188         Section 4. For the purpose of incorporating the amendment
  189  made by this act to section 322.15, Florida Statutes, in a
  190  reference thereto, subsection (2) of section 322.121, Florida
  191  Statutes, is reenacted to read:
  192         322.121 Periodic reexamination of all drivers.—
  193         (2) For each licensee whose driving record does not show
  194  any revocations, disqualifications, or suspensions for the
  195  preceding 7 years or any convictions for the preceding 3 years
  196  except for convictions of the following nonmoving violations:
  197         (a) Failure to exhibit a vehicle registration certificate,
  198  rental agreement, or cab card pursuant to s. 320.0605;
  199         (b) Failure to renew a motor vehicle or mobile home
  200  registration that has been expired for 6 months or less pursuant
  201  to s. 320.07(3)(a);
  202         (c) Operating a motor vehicle with an expired license that
  203  has been expired for 6 months or less pursuant to s. 322.065;
  204         (d) Failure to carry or exhibit a license pursuant to s.
  205  322.15(1); or
  206         (e) Failure to notify the department of a change of address
  207  or name within 10 days pursuant to s. 322.19,
  208  
  209  the department shall cause such licensee’s license to be
  210  prominently marked with the notation “Safe Driver.”
  211         Section 5. This act shall take effect July 1, 2021.