Bill Text: FL S1324 | 2021 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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       Florida Senate - 2021                                    SB 1324
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-01611A-21                                          20211324__
    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 such
   22         private entities from storing, selling, or sharing
   23         personal information collected from scanning the
   24         digital proofs of driver licenses and identification
   25         cards; providing an exception by authorizing
   26         individuals to consent to allow private entities to
   27         collect and store such personal information; requiring
   28         that an individual is informed what information is
   29         collected in such scans and the purposes for which the
   30         information will be used; authorizing private entities
   31         to manually collect personal information from
   32         individuals under certain circumstances; providing a
   33         civil penalty; providing applicability; conforming
   34         provisions to changes made by the act; amending s.
   35         322.14, F.S.; conforming a provision to changes made
   36         by the act; amending s. 322.15, F.S.; conforming a
   37         provision to changes made by the act; requiring a
   38         licensee to present or submit his or her printed
   39         driver license to a law enforcement officer or an
   40         authorized representative of the department under
   41         specified circumstances; reenacting s. 322.121(2),
   42         F.S., relating to periodic reexamination of all
   43         drivers, to incorporate the amendment made to s.
   44         322.15, F.S., in a reference thereto; providing an
   45         effective date.
   46          
   47  Be It Enacted by the Legislature of the State of Florida:
   48  
   49         Section 1. Section 322.032, Florida Statutes, is amended to
   50  read:
   51         322.032 Digital proof of driver license or identification
   52  card.—
   53         (1) As used in this section, the term:
   54         (a) “Digital proof of driver license” means an electronic
   55  credential viewable on an electronic credentialing system.
   56         (b) “Digital proof of identification card” means an
   57  electronic credential viewable on an electronic credentialing
   58  system.
   59         (c) “Electronic credentialing system” means a computer
   60  system accessed using a computer, a cellular telephone, or any
   61  other personal device which queries the department’s driver
   62  license and identification card records, displays or transmits
   63  digital proofs of driver licenses and identification cards, and
   64  verifies the authenticity of those electronic credentials.
   65         (d) “Limited profile” means an electronic credential
   66  containing some, but not all, of the information displayed on a
   67  printed driver license or identification card.
   68         (e) “Scanning” means obtaining data from a digital proof of
   69  driver license or identification card in an electronic format.
   70         (2)(a) The department shall establish begin to review and
   71  prepare for the development of a secure and uniform system for
   72  issuing an optional digital proof of driver license or
   73  identification card. The department may contract with one or
   74  more private entities to develop an electronic credentialing a
   75  digital proof of driver license system.
   76         (b) The electronic credentialing system may not retain
   77  Internet protocol addresses, geolocation data, or other
   78  information that describes the location, computer, computer
   79  system, or computer network from which a customer accesses the
   80  system.
   81         (3)(a)(2) The digital proof of driver license or
   82  identification card established developed by the department or
   83  by an entity contracted by the department must be in such a
   84  format as to allow verification of law enforcement to verify the
   85  authenticity of the digital proof of driver license or
   86  identification card. The department may adopt rules to ensure
   87  valid authentication of digital driver licenses and
   88  identification cards by law enforcement.
   89         (b)1. Notwithstanding ss. 322.14, 322.141, 322.142, and any
   90  other law prescribing the design for, or information required to
   91  be displayed on, a driver license, a digital proof of driver
   92  license may comprise a limited profile that includes only
   93  information necessary to conduct a specific transaction on the
   94  electronic credentialing system.
   95         2. Notwithstanding ss. 322.051, 322.141, and any other law
   96  prescribing the design for, or information required to be
   97  displayed on, an identification card, a digital proof of
   98  identification card may comprise a limited profile that includes
   99  only information necessary to conduct a specific transaction on
  100  the electronic credentialing system.
  101         (4)(3) A person may not be issued a digital proof of driver
  102  license or identification card until he or she satisfies all has
  103  satisfied all of the requirements of this chapter for issuance
  104  of the respective a physical driver license or identification
  105  card and has been issued a printed driver license or
  106  identification card. The electronic credentialing system must,
  107  upon each presentation of a digital driver license or
  108  identification card, display or transmit current records for the
  109  driver license or identification card. If a licensee’s driving
  110  privilege is suspended, revoked, or disqualified, or if his or
  111  her driver license is otherwise canceled or expired, a digital
  112  proof of driver license may not be issued; however, a digital
  113  proof of identification card may be issued if the licensee is
  114  otherwise eligible for an identification card under s. 322.051
  115  as provided in this chapter.
  116         (5) The department may use a telephone number submitted by
  117  a licensee or cardholder in connection with a digital driver
  118  license or identification card only for purposes of
  119  communication regarding the digital proof of driver license or
  120  identification card or the motor vehicle records, as defined in
  121  s. 119.0712(2)(a), of the licensee or cardholder.
  122         (6) The department may enter into a contract with a private
  123  entity which authorizes online data calls or offline data
  124  verification through the electronic credentialing system that
  125  queries the department’s driver license and identification card
  126  records, displays or transmits digital proofs of driver licenses
  127  or identification cards, or verifies the authenticity of such
  128  electronic credentials.
  129         (7)(a) Except as provided in paragraph (b), a private
  130  entity that contracts with the department and that scans a
  131  digital proof of driver license or identification card may not
  132  store, sell, or share personal information collected from such
  133  scanning of the digital proof of driver license or
  134  identification card.
  135         (b) An individual may consent to allow a private entity to
  136  collect and store personal information obtained by scanning his
  137  or her digital proof of driver license or identification card.
  138  However, the individual must be informed what information is
  139  collected and the purpose or purposes for which the information
  140  will be used. If the individual does not want the private entity
  141  to scan his or her digital proof of the individual’s driver
  142  license or identification card, the private entity may manually
  143  collect personal information from the individual.
  144         (c) A private entity that violates this subsection is
  145  subject to a civil penalty not to exceed $5,000 per occurrence.
  146         (d) This subsection does not apply to a financial
  147  institution as defined in s. 655.005(1)(i).
  148         (8)(4) A person who:
  149         (a) Manufactures a false digital proof of driver license or
  150  identification card commits a felony of the third degree,
  151  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  152         (b) Possesses a false digital proof of driver license or
  153  identification card commits a misdemeanor of the second degree,
  154  punishable as provided in s. 775.082.
  155         Section 2. Paragraph (a) of subsection (1) of section
  156  322.14, Florida Statutes, is amended to read:
  157         322.14 Licenses issued to drivers.—
  158         (1)(a) The department shall, upon successful completion of
  159  all required examinations and payment of the required fee, issue
  160  to every qualified applicant a printed driver license that must
  161  bear a color photograph or digital image of the licensee; the
  162  name of the state; a distinguishing number assigned to the
  163  licensee; and the licensee’s full name, date of birth, and
  164  residence address; a brief description of the licensee,
  165  including, but not limited to, the licensee’s gender and height;
  166  and the dates of issuance and expiration of the license. A space
  167  shall be provided upon which the licensee shall affix his or her
  168  usual signature. A license is invalid until it has been signed
  169  by the licensee except that the signature of the licensee is not
  170  required if it appears thereon in facsimile or if the licensee
  171  is not present within the state at the time of issuance.
  172         Section 3. Subsection (1) of section 322.15, Florida
  173  Statutes, is amended to read:
  174         322.15 License to be carried and exhibited on demand;
  175  fingerprint to be imprinted upon a citation.—
  176         (1) Every licensee shall have his or her driver license,
  177  which must be fully legible with no portion of such license
  178  faded, altered, mutilated, or defaced, in his or her immediate
  179  possession at all times when operating a motor vehicle and shall
  180  present or submit the same upon the demand of a law enforcement
  181  officer or an authorized representative of the department. A
  182  licensee may present or submit a digital proof of driver license
  183  as provided in s. 322.032 in lieu of his or her printed a
  184  physical driver license; however, if the law enforcement officer
  185  or authorized representative of the department is unable to
  186  immediately verify the digital proof of driver license, upon the
  187  demand of the law enforcement officer or authorized
  188  representative of the department, the licensee must present or
  189  submit his or her printed driver license.
  190         Section 4. For the purpose of incorporating the amendment
  191  made by this act to section 322.15, Florida Statutes, in a
  192  reference thereto, subsection (2) of section 322.121, Florida
  193  Statutes, is reenacted to read:
  194         322.121 Periodic reexamination of all drivers.—
  195         (2) For each licensee whose driving record does not show
  196  any revocations, disqualifications, or suspensions for the
  197  preceding 7 years or any convictions for the preceding 3 years
  198  except for convictions of the following nonmoving violations:
  199         (a) Failure to exhibit a vehicle registration certificate,
  200  rental agreement, or cab card pursuant to s. 320.0605;
  201         (b) Failure to renew a motor vehicle or mobile home
  202  registration that has been expired for 6 months or less pursuant
  203  to s. 320.07(3)(a);
  204         (c) Operating a motor vehicle with an expired license that
  205  has been expired for 6 months or less pursuant to s. 322.065;
  206         (d) Failure to carry or exhibit a license pursuant to s.
  207  322.15(1); or
  208         (e) Failure to notify the department of a change of address
  209  or name within 10 days pursuant to s. 322.19,
  210  
  211  the department shall cause such licensee’s license to be
  212  prominently marked with the notation “Safe Driver.”
  213         Section 5. This act shall take effect July 1, 2021.