Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 385, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Hutson moved the following:
    1         Senate Amendment to Amendment (869784) (with title
    2  amendment)
    4         Between lines 335 and 336
    5  insert:
    6         Section 6. Effective October 1, 2019, present subsections
    7  (13) through (17), (18) through (24), and (25) through (46) of
    8  section 322.01, Florida Statutes, are renumbered as subsections
    9  (15) through (19), (23) through (29), and (31) through (52),
   10  respectively, and new subsections (13), (14), (20), (21), (22),
   11  and (30) are added to that section to read:
   12         322.01 Definitions.—As used in this chapter:
   13         (13) “Credential service provider” means a provider
   14  competitively procured by the department to provide secure
   15  identity management and verification services based on open
   16  standards to electronic credential providers.
   17         (14) “Data-call” means an electronic transaction with the
   18  credential service provider that verifies the authenticity of an
   19  electronic credential by querying department data.
   20         (20) “Electronic” means technology having electrical,
   21  digital, magnetic, wireless, optical, electromagnetic, or
   22  similar capabilities.
   23         (21) “Electronic credential” means an electronic
   24  representation of a physical driver license or identification
   25  card that is viewable in an electronic format and is capable of
   26  being verified and authenticated.
   27         (22) “Electronic credential provider” means a qualified
   28  entity contracted with the department to provide electronic
   29  credentials to eligible driver license or identification card
   30  holders.
   31         (30) “Interoperable” or “interoperability” means the
   32  technical ability for data to be shared permissively and
   33  accessed appropriately by all stakeholders.
   34         Section 7. Effective October 1, 2019, section 322.032,
   35  Florida Statutes, is amended to read:
   36         322.032 Electronic credential Digital proof of driver
   37  license.—
   38         (1)(a) The department shall establish a pilot project begin
   39  to review and prepare for the implementation development of a
   40  software-as-a-service technology solution with secure and
   41  uniform protocols that comply with national standards system for
   42  issuing an optional electronic credential digital proof of
   43  driver license. The department may contract with one or more
   44  private entities to develop a digital proof of driver license
   45  system.
   46         (b) The department shall procure the technology solution
   47  through a competitive solicitation process pursuant to s.
   48  287.057 and shall consult with the Agency for State Technology
   49  or its successor during the procurement process. The terms of
   50  the contract developed from such procurement shall pay for the
   51  value on a per-data-call or subscription basis and there shall
   52  be no cost to the department or law enforcement for using the
   53  services provided by the credential service provider.
   54         (c) The department’s procurement shall consider and
   55  prioritize the most secure, functional, and cost-efficient
   56  credential service provider with a scalable and interoperable
   57  system that can validate or authenticate the digital identity of
   58  a person, organization, application, or device and that does not
   59  require the physical storage of data in the process of
   60  performing the validation or authentication of a digital
   61  identity. The procurement may consider the use of innovative
   62  technology, including a decentralized ledger immutable record,
   63  to achieve the objectives stated herein.
   64         (d) The department shall enter into agreements with
   65  electronic credential providers that have the technological
   66  capabilities necessary to integrate with the credential service
   67  provider; ensure secure validation and authentication of data;
   68  meet usage criteria; agree to terms and conditions, privacy
   69  policies, and uniform remittance terms relating to the
   70  consumption of an electronic credential; and include clear,
   71  enforceable, and significant penalties for violations of the
   72  agreements.
   73         (e) Revenue generated from use of the electronic credential
   74  technology solution shall be collected by the department and
   75  deposited into the Motor Vehicle Licenses Clearing Trust Fund
   76  for distribution pursuant to a legislative appropriation and
   77  department agreements with the credential service provider and
   78  the electronic credential providers. The terms of the agreements
   79  between the department and the electronic credential providers
   80  and a credential service provider shall be based on the per
   81  data-call or subscription charges to validate and authenticate
   82  an electronic credential and allow the department to recover any
   83  state costs for implementing and administering an electronic
   84  credential solution. Provider revenues may not be derived from
   85  any other transactions that generate revenue for the department
   86  outside of the per-data-call or subscription charges. Nothing
   87  herein shall be construed as a restriction on the provider’s
   88  ability to generate additional revenues from third parties
   89  outside of the terms of the contract.
   90         (f) The pilot project will have a duration of 18 months and
   91  will begin when the department has competitively procured and
   92  entered into agreements with a credential service provider and
   93  at least two, but no more than five, electronic credential
   94  providers.
   95         (g) Upon completion of the pilot project, the department
   96  shall submit a report to the Governor, the President of the
   97  Senate, and the Speaker of the House of Representatives
   98  regarding the continued implementation of electronic credential
   99  services.
  100         (2)(a) The electronic credential digital proof of driver
  101  license developed by the department or by an entity or
  102  electronic credential provider contracted by the department must
  103  be in such a format as to allow law enforcement or a public or
  104  private entity to verify the authenticity of the electronic
  105  credential digital proof of driver license. The department may
  106  adopt rules to ensure valid authentication of electronic
  107  credentials digital 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 an electronic device to a law
  113  enforcement officer assumes liability, absent a showing of
  114  reckless disregard by the officer, for any resulting damage to
  115  the device.
  116         (3) A person may not be issued an electronic credential a
  117  digital proof of driver license until he or she has satisfied
  118  all of the requirements of this chapter for issuance of a
  119  physical driver license or identification card as provided in
  120  this chapter.
  121         (4) A person who:
  122         (a) Manufactures a false electronic credential digital
  123  proof of driver license commits a felony of the third degree,
  124  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  125         (b) Possesses a false electronic credential digital proof
  126  of driver license commits a misdemeanor of the second degree,
  127  punishable as provided in s. 775.082.
  128         Section 8. Effective October 1, 2019, section 322.059,
  129  Florida Statutes, is amended to read:
  130         322.059 Mandatory surrender of suspended driver license and
  131  registration.—A person whose driver license or registration has
  132  been suspended as provided in s. 322.058 must immediately return
  133  his or her driver license and registration to the Department of
  134  Highway Safety and Motor Vehicles. The department shall
  135  invalidate the electronic credential digital proof of driver
  136  license issued pursuant to s. 322.032 for such person. If such
  137  person fails to return his or her driver license or
  138  registration, a law enforcement agent may seize the license or
  139  registration while the driver license or registration is
  140  suspended.
  141         Section 9. Effective October 1, 2019, subsection (1) of
  142  section 322.15, Florida Statutes, is amended to read:
  143         322.15 License to be carried and exhibited on demand;
  144  fingerprint to be imprinted upon a citation.—
  145         (1) Every licensee shall have his or her driver license,
  146  which must be fully legible with no portion of such license
  147  faded, altered, mutilated, or defaced, in his or her immediate
  148  possession at all times when operating a motor vehicle and shall
  149  present or submit the same upon the demand of a law enforcement
  150  officer or an authorized representative of the department. A
  151  licensee may present an electronic credential or submit a
  152  digital proof of driver license as provided in s. 322.032 in
  153  lieu of a physical driver license.
  154         Section 10. Effective October 1, 2019, subsection (4) of
  155  section 322.61, Florida Statutes, is amended to read:
  156         322.61 Disqualification from operating a commercial motor
  157  vehicle.—
  158         (4) A Any person who is transporting hazardous materials as
  159  defined in s. 322.01(29) s. 322.01(24) shall, upon conviction of
  160  an offense specified in subsection (3), be disqualified from
  161  operating a commercial motor vehicle for a period of 3 years.
  162  The penalty provided in this subsection shall be in addition to
  163  any other applicable penalty.
  165  ================= T I T L E  A M E N D M E N T ================
  166  And the title is amended as follows:
  167         Delete line 1587
  168  and insert:
  169         within a certain timeframe; amending s. 322.01, F.S.;
  170         providing definitions; amending s. 322.032, F.S.;
  171         directing the department to establish a pilot project
  172         for the implementation of a certain technology
  173         solution for issuing an optional electronic
  174         credential; establishing procurement requirements;
  175         requiring the department to enter into agreements with
  176         certain electronic credential providers, subject to
  177         certain requirements; providing requirements for
  178         revenue generated from use of the electronic
  179         credential technology solution; providing requirements
  180         for the terms of certain agreements; providing
  181         construction; requiring the pilot project to begin and
  182         end within a specified period; requiring the
  183         department to submit a certain report to the Governor
  184         and Legislature; providing that presenting an
  185         electronic device displaying an electronic credential
  186         does not constitute consent for a law enforcement
  187         officer to access any other information on such
  188         device; providing for the assumption of liability;
  189         conforming provisions to changes made by the act;
  190         amending ss. 322.059 and 322.15, F.S.; conforming
  191         provisions to changes made by the act; amending s.
  192         322.61, F.S.; conforming a cross-reference; amending
  193         s. 334.175, F.S.;