Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1104
       
       
       
       
       
       
                                Ì8617266Î861726                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/14/2018           .                                
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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