THE BILL ITSELF
SB 1328
Release of Driver License Information
Florida Senate - 2026 SB 1328 By Senator Martin 33-00446B-26 20261328__
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A bill to be entitled
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An act relating to release of driver license
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information; amending s. 322.142, F.S.; authorizing
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the Department of Highway Safety and Motor Vehicles to
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provide state agencies and certain third parties with
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access to certain driver license information for
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specified purposes with the licensee’s consent;
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authorizing such third parties to use licensee images,
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signatures, and data in a certain manner under certain
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circumstances; prohibiting such third parties from
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retaining or selling certain data and information;
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requiring the deposit of certain revenues into the
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Highway Safety Operating Trust Fund; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (4) of section 322.142, Florida
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Statutes, is amended, and subsections (5) and (6) are added to
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that section, to read:
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322.142 Color photographic or digital imaged licenses.—
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(4) The department may maintain a film negative or print
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file. The department shall maintain a record of the digital
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image and signature of the licensees, together with other data
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required by the department for identification and retrieval.
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Reproductions from the file or digital record are exempt from
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the provisions of s. 119.07(1) and may be made and issued only:
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(a) For departmental administrative purposes;
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(b) For the issuance of duplicate licenses;
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(c) For the purpose of fraud prevention, identity
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verification, and ensuring the integrity or security of
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individual identities within this state, with the licensee’s
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consent, to any of the following:
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1. A state agency pursuant to an interagency agreement with
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the department.
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2. A third party that has entered into a contract with the
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department to perform identity verification services for persons
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or entities, which services are regulated by a state agency
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pursuant to standards established by the department;
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(d) In response to law enforcement agency requests;
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(e) (d) To the Department of Business and Professional
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Regulation and the Department of Health pursuant to an
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interagency agreement for the purpose of accessing digital
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images for reproduction of licenses issued by the Department of
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Business and Professional Regulation or the Department of
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Health;
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(f) (e) To the Department of State or a supervisor of
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elections pursuant to an interagency agreement to facilitate
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determinations of eligibility of voter registration applicants
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and registered voters in accordance with ss. 98.045 and 98.075;
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(g) (f) To the Department of Revenue pursuant to an
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interagency agreement for use in establishing paternity and
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establishing, modifying, or enforcing support obligations in
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Title IV-D cases;
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(h) (g) To the Department of Children and Families pursuant
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to an interagency agreement to conduct protective investigations
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under part III of chapter 39 and chapter 415;
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(i) (h) To the Department of Children and Families pursuant
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to an interagency agreement specifying the number of employees
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in each of that department’s regions to be granted access to the
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records for use as verification of identity to expedite the
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determination of eligibility for public assistance and for use
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in public assistance fraud investigations;
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(j) (i) To the Agency for Health Care Administration
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pursuant to an interagency agreement for the purpose of
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authorized agencies verifying photographs in the Care Provider
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Background Screening Clearinghouse authorized under s. 435.12;
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(k) (j) To the Department of Financial Services pursuant to
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an interagency agreement to facilitate the location of owners of
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unclaimed property, the validation of unclaimed property claims,
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the identification of fraudulent or false claims, and the
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investigation of allegations of violations of the insurance code
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by licensees and unlicensed persons;
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(l) (k) To the Department of Commerce pursuant to an
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interagency agreement to facilitate the validation of
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reemployment assistance claims and the identification of
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fraudulent or false reemployment assistance claims;
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(m) (l) To district medical examiners pursuant to an
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interagency agreement for the purpose of identifying a deceased
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individual, determining cause of death, and notifying next of
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kin of any investigations, including autopsies and other
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laboratory examinations, authorized in s. 406.11;
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(n) (m) To the following persons for the purpose of
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identifying a person as part of the official work of a court:
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1. A justice or judge of this state;
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2. An employee of the state courts system who works in a
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position that is designated in writing for access by the Chief
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Justice of the Supreme Court or a chief judge of a district or
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circuit court, or by his or her designee; or
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3. A government employee who performs functions on behalf
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of the state courts system in a position that is designated in
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writing for access by the Chief Justice or a chief judge, or by
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his or her designee; or
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(o) (n) To the Agency for Health Care Administration
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pursuant to an interagency agreement to prevent health care
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fraud. If the Agency for Health Care Administration enters into
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an agreement with a private entity to carry out duties relating
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to health care fraud prevention, such contracts must shall
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include, but need not be limited to:
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1. Provisions requiring internal controls and audit
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processes to identify access, use, and unauthorized access of
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information.
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2. A requirement to report unauthorized access or use to
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the Agency for Health Care Administration within 1 business day
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after the discovery of the unauthorized access or use.
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3. Provisions for liquidated damages for unauthorized
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access or use of no less than $5,000 per occurrence.
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(5) A third party performing identity verification services
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in accordance with subparagraph (4)(c)2. may use licensee
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images, signatures, and data in a manner consistent with this
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section if the data remains in the department’s possession. The
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third party may not retain or sell a licensee’s image,
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signature, or data without the consent of the licensee and may
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not retain Internet protocol addresses, geolocation data, or
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other information that describes the location, computer,
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computer system, or computer network from which a person or
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entity accesses identity verification services.
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(6) Any revenues generated as a result of an interagency
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agreement entered into under subparagraph(4)(c)1. or funds due
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to the department under a contract entered into under
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subparagraph (4)(c)2. shall be deposited in the Highway Safety
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Operating Trust Fund.
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Section 2. This act shall take effect July 1, 2026.