Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. CS for SB 1104
Ì8617266Î861726
LEGISLATIVE ACTION
Senate . House
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Appropriations Subcommittee on Transportation, Tourism, and
Economic Development (Brandes) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 82 and 83
4 insert:
5 Section 1. Subsections (18) through (46) of section 322.01,
6 Florida Statutes, are renumbered as subsections (25) through
7 (53), respectively, and new subsections (18) through (24) are
8 added to that section, to read:
9 322.01 Definitions.—As used in this chapter:
10 (18) “Electronic” means relating to technology having
11 electrical, digital, magnetic, wireless, optical,
12 electromagnetic, or similar capabilities.
13 (19) “Electronic credential” means an electronic
14 representation of a physical driver license or identification
15 card which is viewable on an electronic credential system
16 capable of being verified and authenticated.
17 (20) “Electronic credential holder” means a person to whom
18 an electronic credential has been issued.
19 (21) “Electronic credential provider” means an entity
20 contracted with the department to provide the electronic
21 credential to the electronic credential holder.
22 (22) “Electronic credential system” means a computer system
23 used to display or transmit electronic credentials to a person
24 or verification system which can be accessed using an electronic
25 device.
26 (23) “Electronic device” means a device or a portion of a
27 device that is designed for and capable of communicating across
28 a computer network with other computers or devices for the
29 purpose of transmitting, receiving, or storing data, including,
30 but not limited to, a cellular telephone, tablet, or other
31 portable device designed for and capable of communicating with
32 or across a computer network, and is used to render an
33 electronic credential.
34 (24) “Electronic record” means a record created, generated,
35 sent, communicated, received, or stored by electronic means.
36 Section 2. Section 322.032, Florida Statutes, is amended to
37 read:
38 322.032 Electronic credential Digital proof of driver
39 license.—
40 (1)(a) The department shall develop and implement begin to
41 review and prepare for the development of a secure and uniform
42 protocols that comply with national standards system for issuing
43 an optional electronic credential. The department shall procure
44 the related technology solution that uses a revenue-sharing
45 model through a competitive solicitation process pursuant to s.
46 287.057 digital proof of driver license. The department may
47 issue electronic credentials to persons who hold a Florida
48 driver license or identification card. The electronic credential
49 and verification solution must have the necessary technological
50 capabilities to execute the authentication of an electronic
51 credential across all states, jurisdictions, federal and state
52 agencies, and municipalities. The electronic credential and
53 verification solution must provide the system integration
54 necessary:
55 1. For qualified and authorized entities to securely
56 consume an electronic credential.
57 2. For the production of a fully compliant electronic
58 credential by qualified and authorized electronic credential
59 providers.
60 3. To successfully ensure secure authentication and
61 validation of data from disparate sources.
62 (b) The department shall procure contract with one or more
63 electronic credential providers through the competitive
64 solicitation process private entities to develop and implement a
65 secure electronic credential a digital proof of driver license
66 system.
67 (c) The department shall maintain the protocols and
68 national standards necessary for an electronic credential
69 provider to request authorized access to an application
70 programming interface, or an appropriate technological tool of
71 at least the same capabilities, necessary for such private
72 entity to consume an electronic credential. The department shall
73 timely review requests for authorized access and must approve
74 all requests by electronic credential providers which meet the
75 department’s requirements. The department may assess a fee for
76 use of the electronic credential and verification solution.
77 (d) The department shall provide access to a standardized
78 digital transaction process for use by the approved electronic
79 credential providers of compliant electronic credentials to
80 enable the financial transaction to be completed in such a
81 manner that the proceeds are accepted by the department at the
82 point of sale. The standardized digital transaction process must
83 enable the providers of an electronic credential to direct
84 through their electronic commerce workflow to a standardized
85 checkout process and be able to document the providers involved.
86 Any revenue generated from the electronic credential system must
87 be collected by the department and distributed pursuant to a
88 legislative appropriation and department agreements with the
89 electronic credential providers of the electronic credential.
90 Any revenues shared between the state and electronic credential
91 providers is based solely on revenues derived from the purchase
92 of the optional, electronic credential and no other transaction.
93 The department shall enter into an agreement with the electronic
94 credential providers which describe the permitted uses, terms
95 and conditions, privacy policy, and uniform remittance terms
96 relating to the consumption of an electronic credential.
97 (2)(a) The electronic credential digital proof of driver
98 license developed by the department or by an electronic
99 credential provider an entity contracted by the department must
100 be in such a format as to allow law enforcement or an authorized
101 consumer to verify the authenticity of the electronic credential
102 and the identity of the credential holder and to validate the
103 status of any driving privileges associated with the electronic
104 credential digital proof of driver license. The department shall
105 adhere to protocols and national standards may adopt rules to
106 ensure valid authentication of electronic credentials digital
107 driver licenses by law enforcement.
108 (b) The act of presenting to a law enforcement officer an
109 electronic device displaying an electronic credential does not
110 constitute consent for the officer to access any information on
111 the device other than the electronic credential.
112 (c) The person who presents the device to the officer
113 assumes liability for any resulting damage to the device.
114 (3) A person may not be issued an electronic credential a
115 digital proof of driver license until he or she has satisfied
116 all of the requirements of this chapter for issuance of a
117 physical driver license or identification card as provided in
118 this chapter.
119 (4) A person who:
120 (a) Manufactures a false electronic credential digital
121 proof of driver license commits a felony of the third degree,
122 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
123 (b) Possesses a false electronic credential digital proof
124 of driver license commits a misdemeanor of the second degree,
125 punishable as provided in s. 775.082.
126 Section 3. Section 322.059, Florida Statutes, is amended to
127 read:
128 322.059 Mandatory surrender of suspended driver license and
129 registration.—A person whose driver license or registration has
130 been suspended as provided in s. 322.058 must immediately return
131 his or her driver license and registration to the Department of
132 Highway Safety and Motor Vehicles. The department shall
133 invalidate the electronic credential digital proof of driver
134 license issued pursuant to s. 322.032 for such person. If such
135 person fails to return his or her driver license or
136 registration, a law enforcement agent may seize the license or
137 registration while the driver license or registration is
138 suspended.
139 Section 4. Paragraph (c) of subsection (1) of section
140 322.143, Florida Statutes, is amended to read:
141 322.143 Use of a driver license or identification card.—
142 (1) As used in this section, the term:
143 (c) “Swipe” means the act of passing a driver license or
144 identification card through a device that is capable of
145 deciphering, in an electronically readable format, the
146 information electronically encoded in a magnetic strip or bar
147 code on the driver license or identification card or consuming
148 an electronic credential.
149 Section 5. Subsection (1) of section 322.15, Florida
150 Statutes, is amended to read:
151 322.15 License to be carried and exhibited on demand;
152 fingerprint to be imprinted upon a citation.—
153 (1) Every licensee shall have his or her driver license,
154 which must be fully legible with no portion of such license
155 faded, altered, mutilated, or defaced, in his or her immediate
156 possession at all times when operating a motor vehicle and shall
157 present or submit the same upon the demand of a law enforcement
158 officer or an authorized representative of the department. A
159 licensee may present or submit an electronic credential a
160 digital proof of driver license as provided in s. 322.032 in
161 lieu of a physical driver license.
162 Section 6. Subsection (4) of section 322.61, Florida
163 Statutes, is amended to read:
164 322.61 Disqualification from operating a commercial motor
165 vehicle.—
166 (4) Any person who is transporting hazardous materials as
167 defined in s. 322.01(31) s. 322.01(24) shall, upon conviction of
168 an offense specified in subsection (3), be disqualified from
169 operating a commercial motor vehicle for a period of 3 years.
170 The penalty provided in this subsection shall be in addition to
171 any other applicable penalty.
172
173 ================= T I T L E A M E N D M E N T ================
174 And the title is amended as follows:
175 Delete line 2
176 and insert:
177 An act relating to transportation; amending s. 322.01,
178 F.S.; providing definitions; amending s. 322.032,
179 F.S.; directing the Department of Highway Safety and
180 Motor Vehicles to implement protocols for issuing an
181 optional electronic credential and to procure a
182 certain related technology solution, subject to
183 certain requirements; providing requirements for the
184 electronic credential and verification solution;
185 directing the department to procure one or more
186 electronic credential providers through a competitive
187 solicitation process to develop and implement a secure
188 electronic credential system; requiring the department
189 to maintain certain protocols and national standards;
190 requiring the department to timely review and approve
191 all electronic credential provider requests for
192 authorized access to certain interfaces which meet the
193 agency’s requirements; authorizing the department to
194 assess a fee; requiring the department to provide
195 access to a certain standardized digital transaction
196 process for use by the approved electronic credential
197 providers of compliant electronic credentials, subject
198 to certain requirements; requiring any revenue
199 generated from the electronic credential system to be
200 collected by the department and distributed pursuant
201 to a legislative appropriation and department
202 agreements with the electronic credential providers of
203 the electronic credential; providing that any revenues
204 shared between the state and electronic credential
205 providers is based solely on revenues derived from the
206 purchase of the optional electronic credential and no
207 other transaction; requiring the department to enter
208 into certain agreements with electronic credential
209 providers; requiring that an electronic credential be
210 in a format that allows certain entities to verify its
211 authenticity and the identity of the credential holder
212 and to validate certain privileges; providing that
213 presenting an electronic device displaying an
214 electronic credential does not constitute consent for
215 a law enforcement officer to access any other
216 information on such device; providing that the person
217 who presents the device to the officer assumes
218 liability for any resulting damage to the device;
219 conforming provisions to changes made by the act;
220 amending s. 322.059, F.S.; conforming a provision to
221 changes made by the act; amending s. 322.143, F.S.;
222 revising a definition; amending s. 322.15, F.S.;
223 conforming a provision to changes made by the act;
224 amending s. 322.61, F.S.; conforming a cross
225 reference; amending