Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1458
       
       
       
       
       
       
                                Barcode 396456                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/29/2013 01:14 PM       .                                
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       Senator Gardiner moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 1982 - 2083
    4  and insert:
    5  Section 38. Section 322.143, Florida Statutes, is created to
    6  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.
   29         (c) To prevent fraud or other criminal activity if an
   30  individual returns an item or requests a refund and the private
   31  entity uses a fraud prevention service company or system.
   32         (d) To transmit information to a check services company for
   33  the purpose of approving negotiable instruments, electronic
   34  funds transfers, or similar methods of payment.
   35         (e) To comply with a legal requirement to record, retain,
   36  or transmit the driver license information.
   37         (3) A private entity that swipes an individual’s driver
   38  license or identification card under paragraph (2)(a) or
   39  paragraph (2)(b) may not store, sell, or share personal
   40  information collected from swiping the driver license or
   41  identification card.
   42         (4) A private entity that swipes an individual’s driver
   43  license or identification card under paragraph (2)(c) or
   44  paragraph (2)(d) may store or share personal information
   45  collected from swiping an individual’s driver license or
   46  identification card for the purpose of preventing fraud or other
   47  criminal activity against the private entity.
   48         (5)(a) A person other than an entity regulated by the
   49  federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., who
   50  receives personal information from a private entity under
   51  subsection (4) may use the personal information received only to
   52  prevent fraud or other criminal activity against the private
   53  entity that provided the personal information.
   54         (b) A person who is regulated by the federal Fair Credit
   55  Reporting Act and who receives personal information from a
   56  private entity under subsection (4) may use or provide the
   57  personal information received only to effect, administer, or
   58  enforce a transaction or prevent fraud or other criminal
   59  activity, if the person provides or receives personal
   60  information under contract from the private entity.
   61         (6)(a) An individual may consent to allow the private
   62  entity to swipe the individual’s driver license or
   63  identification card to collect and store personal information.
   64  However, the individual must be informed what information is
   65  collected and the purpose or purposes for which it will be used.
   66         (b) If the individual does not want the private entity to
   67  swipe the individual’s driver license or identification card,
   68  the private entity may manually collect personal information
   69  from the individual.
   70         (7) The private entity may not withhold the provision of
   71  goods or services solely as a result of the individual
   72  requesting the collection of the data in subsection (6) from the
   73  individual through manual means.
   74         (8) In addition to any other remedy provided by law, an
   75  individual may bring an action to recover actual damages and to
   76  obtain equitable relief, if equitable relief is available,
   77  against an entity that swipes, stores, shares, sells, or
   78  otherwise uses the individuals personal information in violation
   79  of this section. If a court finds that a violation of this
   80  section was willful or knowing, the court may increase the
   81  amount of the award to no more than three times the amount
   82  otherwise available.
   83