(1) As used in this section, the term:
(a) “Digital proof of driver license” means an electronic credential viewable on an electronic credentialing system.
(b) “Digital proof of identification card” means an electronic credential viewable on an electronic credentialing system.
(c) “Electronic credentialing system” means a computer system accessed using a computer, a cellular telephone, or any other personal device which queries the department’s driver license and identification card records, displays or transmits digital proofs of driver licenses and identification cards, and verifies the authenticity of those electronic credentials.
(d) “Limited profile” means an electronic credential containing some, but not all, of the information displayed on a printed driver license or identification card.
(e) “Scanning” means obtaining data from a digital proof of driver license or identification card in an electronic format.
(2)(a) The department shall establish a secure and uniform system for issuing an optional digital proof of driver license or identification card. The department may contract with one or more private entities to develop an electronic credentialing system.
(b) The electronic credentialing system may not retain Internet protocol addresses, geolocation data, or other information that describes the location, computer, computer system, or computer network from which a customer accesses the system.
(3)(a) The digital proof of driver license or identification card established by the department or by an entity contracted by the department must be in such a format as to allow verification of the authenticity of the digital proof of driver license or identification card. The department may adopt rules to ensure valid authentication of digital driver licenses and identification cards.
(b)1. Notwithstanding ss. 322.14-322.142, and any other law prescribing the design for, or information required to be displayed on, a driver license, a digital proof of driver license may comprise a limited profile that includes only information necessary to conduct a specific transaction on the electronic credentialing system.
2. Notwithstanding ss. 322.051 and 322.141, and any other law prescribing the design for, or information required to be displayed on, an identification card, a digital proof of identification card may comprise a limited profile that includes only information necessary to conduct a specific transaction on the electronic credentialing system.
(4) A person may not be issued a digital proof of driver license or identification card until he or she satisfies all requirements of this chapter for issuance of the respective driver license or identification card and has been issued a printed driver license or identification card. The electronic credentialing system must, upon each presentation of a digital driver license or identification card, display or transmit current records for the driver license or identification card. If a licensee’s driving privilege is suspended, revoked, or disqualified, or if his or her driver license is otherwise canceled or expired, a digital proof of driver license may not be issued; however, a digital proof of identification card may be issued if the licensee is otherwise eligible for an identification card under s. 322.051.
(5) The department may use a telephone number submitted by a licensee or cardholder in connection with a digital driver license or identification card only for purposes of communication regarding the digital proof of driver license or identification card or the motor vehicle records, as defined in s. 119.0712(2)(a), of the licensee or cardholder.
(6) The department may enter into contracts with one or more private entities which authorize online data calls or offline data verification through the electronic credentialing system that queries the department’s driver license and identification card records, displays or transmits digital proofs of driver licenses or identification cards, or verifies the authenticity of such electronic credentials.
(7)(a) Except as provided in paragraph (b), a private entity that scans a digital proof of driver license or identification card may not store, sell, or share personal information collected from such scanning of the digital proof of driver license or identification card.
(b) An individual may consent to allow a private entity to collect and store personal information obtained by scanning his or her digital proof of driver license or identification card. However, the individual must be informed what information is collected and the purpose or purposes for which the information will be used. If the individual does not want the private entity to scan his or her digital proof of the individual’s driver license or identification card, the private entity may manually collect personal information from the individual.
(c) A private entity that violates this subsection is subject to a civil penalty not to exceed $5,000 per occurrence.
(d) This subsection does not apply to a financial institution as defined in s. 655.005(1)(i).
(8) A person who:
(a) Manufactures a false digital proof of driver license or identification card commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Possesses a false digital proof of driver license or identification card commits a misdemeanor of the second degree, punishable as provided in s. 775.082.
History.—s. 27, ch. 2014-216; s. 1, ch. 2021-235; s. 22, ch. 2022-4.
Structure Florida Statutes
322.02 - Legislative Intent; Administration.
322.0255 - Florida Motorcycle Safety Education Program.
322.03 - Drivers Must Be Licensed; Penalties.
322.031 - Nonresident; When License Required.
322.032 - Digital Proof of Driver License or Identification Card.
322.04 - Persons Exempt From Obtaining Driver License.
322.05 - Persons Not to Be Licensed.
322.051 - Identification Cards.
322.058 - Suspension of Driving Privilege Due to Support Delinquency; Reinstatement.
322.059 - Mandatory Surrender of Suspended Driver License and Registration.
322.0602 - Youthful Drunk Driver Visitation Program.
322.065 - Driver License Expired for 6 Months or Less; Penalties.
322.07 - Instruction Permits and Temporary Licenses.
322.08 - Application for License; Requirements for License and Identification Card Forms.
322.081 - Requests to Establish Voluntary Checkoff on Driver License Application.
322.09 - Application of Minors; Responsibility for Negligence or Misconduct of Minor.
322.091 - Attendance Requirements.
322.095 - Traffic Law and Substance Abuse Education Program for Driver License Applicants.
322.10 - Release From Liability.
322.11 - Revocation of License Upon Death of Person Signing Minor’s Application.
322.12 - Examination of Applicants.
322.121 - Periodic Reexamination of All Drivers.
322.125 - Medical Advisory Board.
322.126 - Report of Disability to Department; Content; Use.
322.13 - Driver License Examiners.
322.135 - Driver License Agents.
322.14 - Licenses Issued to Drivers.
322.141 - Color or Markings of Certain Licenses or Identification Cards.
322.142 - Color Photographic or Digital Imaged Licenses.
322.143 - Use of a Driver License or Identification Card.
322.15 - License to Be Carried and Exhibited on Demand; Fingerprint to Be Imprinted Upon a Citation.
322.16 - License Restrictions.
322.161 - High-Risk Drivers; Restricted Licenses.
322.1615 - Learner’s Driver License.
322.17 - Replacement Licenses and Permits.
322.18 - Original Applications, Licenses, and Renewals; Expiration of Licenses; Delinquent Licenses.
322.19 - Change of Address or Name.
322.20 - Records of the Department; Fees; Destruction of Records.
322.201 - Records as Evidence.
322.202 - Admission of Evidence Obtained From the Division of Motorist Services.
322.21 - License Fees; Procedure for Handling and Collecting Fees.
322.22 - Authority of Department to Cancel or Refuse to Issue or Renew License.
322.221 - Department May Require Reexamination.
322.23 - Suspending Privileges of Nonresidents and Reporting Convictions.
322.24 - Suspending Resident’s License Upon Conviction in Another State.
322.25 - When Court to Forward License to Department and Report Convictions.
322.2505 - Court to Forward License of Person Adjudicated Incapacitated to Department.
322.251 - Notice of Cancellation, Suspension, Revocation, or Disqualification of License.
322.26 - Mandatory Revocation of License by Department.
322.2615 - Suspension of License; Right to Review.
322.26151 - Review of Materials Submitted by Law Enforcement Officer.
322.2616 - Suspension of License; Persons Under 21 Years of Age; Right to Review.
322.264 - “Habitual Traffic Offender” Defined.
322.27 - Authority of Department to Suspend or Revoke Driver License or Identification Card.
322.271 - Authority to Modify Revocation, Cancellation, or Suspension Order.
322.2715 - Ignition Interlock Device.
322.274 - Automatic Revocation of Driver License.
322.276 - Out-of-State Sanctions; Issuance of License.
322.28 - Period of Suspension or Revocation.
322.283 - Commencement of Period of Suspension or Revocation for Incarcerated Offenders.
322.29 - Surrender and Return of License.
322.292 - Dui Programs Supervision; Powers and Duties of the Department.
322.293 - Dui Programs; Assessment; Disposition.
322.32 - Unlawful Use of License.
322.33 - Making False Affidavit Perjury.
322.34 - Driving While License Suspended, Revoked, Canceled, or Disqualified.
322.341 - Driving While License Permanently Revoked.
322.35 - Permitting Unauthorized Minor to Drive.
322.36 - Permitting Unauthorized Operator to Drive.
322.37 - Employing Unlicensed Driver.
322.38 - Renting Motor Vehicle to Another.
322.41 - Local Issuance of Driver Licenses Prohibited.
322.42 - Construction of Chapter.
322.44 - Driver License Compact.
322.45 - Department of Highway Safety and Motor Vehicles; Duty.
322.46 - Compact Administrator.
322.47 - Executive Head Defined.
322.48 - Review of Employee’s Acts.
322.50 - Nonresident Violator Compact.
322.52 - Conflict With Other Laws.
322.53 - License Required; Exemptions.
322.56 - Contracts for Administration of Driver License Examination.
322.57 - Tests of Knowledge Concerning Specified Vehicles; Endorsement; Nonresidents; Violations.
322.59 - Possession of Medical Examiner’s Certificate.
322.61 - Disqualification From Operating a Commercial Motor Vehicle.
322.62 - Driving Under the Influence; Commercial Motor Vehicle Operators.
322.63 - Alcohol or Drug Testing; Commercial Motor Vehicle Operators.
322.65 - Driver License Record Exchange.
322.66 - Vehicles Permitted to Be Driven During Driving Skills Tests.