Florida Statute 322.032 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

View Entire Chapter

F.S. 322.032

322.032 Digital proof of driver license or identification card.—

(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.

(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.

F.S. 322.032 on Google Scholar

F.S. 322.032 on Casetext

Amendments to 322.032

Arrestable Offenses / Crimes under Fla. Stat. 322.032

Level: Degree
Misdemeanor/Felony: First/Second/Third

S322.032 4a - COUNTERFEITING OF - RENUMBERED. SEE REC # 9496 - F: T

S322.032 4b - FRAUD - RENUMBERED. SEE REC # 9497 - M: S

S322.032 8a - COUNTERFEITING OF - MANUFACT FALSE DIGITAL PROOF OF DL OR ID CARD - F: T

S322.032 8b - FRAUD - POSSESS FALSE DIGITAL PROOF OF DL OR ID CARD - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 322.032

Total Results: 13

Burgess v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-09-02

Citation: 198 So. 3d 1151, 2016 Fla. App. LEXIS 13279, 2016 WL 4607547

Snippet: operate a motor vehicle. See also § 322.032(3) (providing for the development of “digital proof

Burgess v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-07-06

Snippet: person to operate a motor vehicle. See also § 322.032(3) (providing for the development of "digital

Dortch v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-04-16

Citation: 137 So. 3d 1173, 2014 WL 1467468, 2014 Fla. App. LEXIS 5608

Snippet: and the Youth Discount, 31 Law & Ineq. 263, 264 & 322-32 (2013) (proposing a categorical "Youth Discount”

Willingham v. City of Orlando

Court: District Court of Appeal of Florida | Date Filed: 2006-05-12

Citation: 929 So. 2d 43, 2006 WL 1288595

Snippet: another's driver's license in violation of section 322.32, Florida Statutes (1999). The license that he wrongly

Maddox v. State

Court: Supreme Court of Florida | Date Filed: 2006-01-12

Citation: 923 So. 2d 442, 2006 WL 59332

Snippet: Other charges might include misuse of a license, § 322.32, Fla. Stat. (2001), giving false oral reports under

Caraballo v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-03-15

Citation: 753 So. 2d 695, 2000 WL 276056

Snippet: been suspended, is a second degree misdemeanor. § 322.32(1), Fla. Stat. (1997). The officers verified that

Batie v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-02-13

Citation: 593 So. 2d 1167, 1992 WL 25817

Snippet: statutes applicable are sections 901.151(2) and 322.32(1), Florida Statutes (1989). Section 901.151(2)

Bolden ex rel. Bolden v. State, Department of Highway Safety & Motor Vehicles, Division of Driver Licenses

Court: District Court of Appeal of Florida | Date Filed: 1985-11-21

Citation: 479 So. 2d 191, 10 Fla. L. Weekly 2578, 1985 Fla. App. LEXIS 5931

Snippet: provisions of s. 322.32(1).” By expressly excluding the first portion of Section 322.32, it would appear

Bartee v. State

Court: District Court of Appeal of Florida | Date Filed: 1981-07-22

Citation: 401 So. 2d 890

Snippet: license," a violation of section 322.32, Florida Statutes (1979). Section 322.32 defines a statutory misdemeanor

State v. Cruz

Court: Supreme Court of Florida | Date Filed: 1966-09-14

Citation: 189 So. 2d 882, 1966 Fla. LEXIS 3279

Snippet: examination, in violation of F.S. § 322.32(5), F.S.A. Section 322.32(5) reads in part: “(5) To use a false

Cruz v. State

Court: District Court of Appeal of Florida | Date Filed: 1965-12-14

Citation: 181 So. 2d 20, 1965 Fla. App. LEXIS 3604

Snippet: the outcome of his examination, in violation of § 322.32 (5), Fla.Stat., F.S.A.1 Counts two and three charged

Smith v. State

Court: Supreme Court of Florida | Date Filed: 1964-07-15

Citation: 167 So. 2d 225, 1964 Fla. LEXIS 2664

Snippet: all times a driver’s license and that under Sec. 322.32 it is a misdemeanor for a person to drive a car

State, Ex Rel. Hoffman v. Powell

Court: Supreme Court of Florida | Date Filed: 1935-01-26

Citation: 159 So. 508, 118 Fla. 296

Snippet: of Brownsville, 129 U.S. 479, 9 Sup. Ct. Rep. 322, 32 L.Ed. 774; People, ex rel. State Board of Harbor