Florida ID Scanning Laws & Regulations

Florida mobile ID

Can you scan IDs in Florida?

Yes. However, Florida law regulates a business’s ability to scan IDs and to use information obtained from a scan. 

There are some instances in which merchants are required to record information related to identity, such as check cashing & foreign currency exchange. ID scanning can improve the ease and accuracy of record keeping in these scenarios.

Overview of Florida ID Scanning Laws

Non-scanning

If an individual does not want the business to scan the individual’s ID, the business may manually collect personal information from the individual.  The individual’s request for manual collection alone cannot be the basis for withholding the provision of goods or services. 

As long as an individual is informed of (i) the type of information collected and (ii) the purposes for which the collected information will be used, the individual may consent to the business scanning the individual’s ID to collect and store personal information.  In such cases, the restrictions associated with scanning without consent (below) do not apply to the business. 

A business may scan an individual’s ID without consent only for one of the following purposes.

  • To verify the ID’s authenticity or the individual’s identity if the individual pays with a method other than cash, returns an item, or requests a refund
  • Information so obtained cannot be stored, sold, or shared
  • To verify the individual’s age when providing an age-restricted good or service

Information so obtained cannot be stored, sold, or shared.

  • To prevent fraud or other criminal activity if the individual returns an item or requests a refund and the business uses a fraud prevention service company or system.

Information so obtained may be stored or shared for preventing fraud or other criminal activity against the business. 

A third party who receives from the business information so obtained may

  • Use or provide such information only to effect, administer, or enforce a transaction or to prevent fraud or other criminal activity, if that third party is regulated by the federal Fair Credit Reporting Act and if that third party provides or receives information under contract from the business; or
  • Use such information only to prevent fraud or other criminal activity against the business that provided the information if that third party is not regulated by the federal Fair Credit Reporting Act.
  • To transmit information to a check services company for approving checks, electronic funds transfers, or similar methods of payment.

Information so obtained may be stored or shared for preventing fraud or other criminal activity against the business. 

A third party who receives from the business information so obtained may

  • Use or provide such information only to effect, administer, or enforce a transaction or to prevent fraud or other criminal activity, if that third party is regulated by the federal Fair Credit Reporting Act and if that third party provides or receives information under contract from the business; or
  • Use such information only to prevent fraud or other criminal activity against the business that provided the information if that third party is not regulated by the federal Fair Credit Reporting Act.
  • To comply with legal requirements regarding recording, retaining, and transmitting ID information. 

Penalty:  A civil penalty not to exceed $5,000 per occurrence. 

The above restrictions do not apply to financial institutions. 

Does Florida offer affirmative defense for ID scanning?

Yes. Florida mentions affirmative defense for ID scanning for both alcohol and tobacco sales.

Florida Title XXIII, Chapter 322.14 Use of a driver license or identification card.

(1) As used in this section, the term:

(a) “Personal information” means an individual’s name, address, date of birth, driver license number, or identification card number.

(b) “Private entity” means any nongovernmental entity, such as a corporation, partnership, company or nonprofit organization, any other legal entity, or any natural person.

(c) “Swipe” means the act of passing a driver license or identification card through a device that is capable of deciphering, in an electronically readable format, the information electronically encoded in a magnetic strip or bar code on the driver license or identification card.

(2) Except as provided in subsection (6), a private entity may not swipe an individual’s driver license or identification card, except for the following purposes:

  • To verify the authenticity of a driver license or identification card or to verify the identity of the individual if the individual pays for a good or service with a method other than cash, returns an item, or requests a refund.
  • To verify the individual’s age when providing an age-restricted good or service.
  • To prevent fraud or other criminal activity if an individual returns an item or requests a refund and the private entity uses a fraud prevention service company or system.
  • To transmit information to a check services company for the purpose of approving negotiable instruments, electronic funds transfers, or similar methods of payment.

(e) To comply with a legal requirement to record, retain, or transmit the driver license information.

(3) A private entity that swipes an individual’s driver license or identification card under paragraph (2)(a) or paragraph (2)(b) may not store, sell, or share personal information collected from swiping the driver license or identification card.

(4) A private entity that swipes an individual’s driver license or identification card under paragraph (2)(c) or paragraph (2)(d) may store or share personal information collected from swiping an individual’s driver license or identification card for the purpose of preventing fraud or other criminal activity against the private entity.

(5)(a) A person other than an entity regulated by the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., who receives personal information from a private entity under subsection (4) may use the personal information received only to prevent fraud or other criminal activity against the private entity that provided the personal information.

(b) A person who is regulated by the federal Fair Credit Reporting Act and who receives personal information from a private entity under subsection (4) may use or provide the personal information received only to effect, administer, or enforce a transaction or prevent fraud or other criminal activity, if the person provides or receives personal information under contract from the private entity.

(6)(a) An individual may consent to allow the private entity to swipe the individual’s driver license or identification card to collect and store personal information. However, the individual must be informed what information is collected and the purpose or purposes for which it will be used.

(b) If the individual does not want the private entity to swipe the individual’s driver license or identification card, the private entity may manually collect personal information from the individual.

(7) The private entity may not withhold the provision of goods or services solely as a result of the individual requesting the collection of the data in subsection (6) from the individual through manual means.

(8) A private entity that violates this section may be subject to a civil penalty not to exceed $5,000 per occurrence.

(9) This section does not apply to a financial institution as defined in s. 655.005(1)(i).

Florida Law §1562.11  Selling, giving, or serving alcoholic beverages to person under age 21;

Providing a proper name; misrepresenting or misstating age or age of another to induce licensee to serve alcoholic beverages to person under 21; penalties.

(c) A licensee who violates paragraph (a) shall have a complete defense to any civil action therefor, except for any administrative action by the division under the Beverage Law, if, at the time the alcoholic beverage was sold, given, served, or permitted to be served, the person falsely evidenced that he or she was of legal age to purchase or consume the alcoholic beverage and the appearance of the person was such that an ordinarily prudent person would believe him or her to be of legal age to purchase or consume the alcoholic beverage and if the licensee carefully checked one of the following forms of identification with respect to the person: a driver’s license, an identification card issued under the provisions of s. 322.051 or, if the person is physically handicapped as defined in 2s. 553.45(1), a comparable identification card issued by another state which indicates the person’s age, a passport, or a United States Uniformed Services identification card, and acted in good faith and in reliance upon the representation and appearance of the person in the belief that he or she was of legal age to purchase or consume the alcoholic beverage. Nothing herein shall negate any cause of action which arose prior to June 2, 1978.

(d) Any person charged with a violation of paragraph (a) has a complete defense if, at the time the alcoholic beverage was sold, given, served, or permitted to be served:

  1. The buyer or recipient falsely evidenced that he or she was 21 years of age or older;
  2. The appearance of the buyer or recipient was such that a prudent person would believe the buyer or recipient to be 21 years of age or older; and
  3. Such person carefully checked a driver’s license or an identification card issued by this state or another state of the United States, a passport, or a United States Uniformed Services identification card presented by the buyer or recipient and acted in good faith and in reliance upon the representation and appearance of the buyer or recipient in the belief that the buyer or recipient was 21 years of age or older.

(2) It is unlawful for any person to misrepresent or misstate his or her age or the age of any other person for the purpose of inducing any licensee or his or her agents or employees to sell, give, serve, or deliver any alcoholic beverages to a person under 21 years of age, or for any person under 21 years of age to purchase or attempt to purchase alcoholic beverages.

Florida Law 569.101 Selling, delivering, bartering, furnishing, or giving tobacco products to persons under 18 years of age

569.101 Selling, delivering, bartering, furnishing, or giving tobacco products to persons under 18 years of age; criminal penalties; defense.—

(1) It is unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, to any person who is under 18 years of age, any tobacco product.

(2) Any person who violates subsection (1) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. However, any person who violates subsection (1) for a second or subsequent time within 1 year of the first violation, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) A person charged with a violation of subsection (1) has a complete defense if, at the time the tobacco product was sold, delivered, bartered, furnished, or given:

(a) The buyer or recipient falsely evidenced that she or he was 18 years of age or older;

(b) The appearance of the buyer or recipient was such that a prudent person would believe the buyer or recipient to be 18 years of age or older; and

(c) Such person carefully checked a driver’s license or an identification card issued by this state or another state of the United States, a passport, or a United States armed services identification card presented by the buyer or recipient and acted in good faith and in reliance upon the representation and appearance of the buyer or recipient in the belief that the buyer or recipient was 18 years of age or older.

Senate Bill 1690. Preventing persons under 21 from working at adult establishments

Passed the House and Senate and has been passed to DeSantis for signature. If signed, it will go into effect July 1

Employing persons under the age of 21 years in adult entertainment establishments prohibited.—
(1)(a) Except as provided in paragraph (b), an owner, a manager, an employee, or a contractor of an adult entertainment establishment who knowingly employs, contracts with, contracts with another person to employ, or otherwise permits a person younger than 21 years of age to perform or work in an adult entertainment establishment commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

An owner, a manager, an employee, or a contractor of an adult entertainment establishment who permits a person to perform as an entertainer or work in any capacity for the establishment shall carefully check the person’s driver license or identification card issued by this state or another state of the United States, a passport, or a United States Uniformed Services identification card presented by the person and act in good faith and in reliance upon the representation and appearance of the person in the belief that the person is 21 years of age or older.

Florida Bill 217, Money Services (Check Cashing) Businesses

Money Services Businesses; Requires licensees engaged in check cashing to submit certain transaction information to OFR related to payment instruments cashed; requires office to maintain transaction information in centralized check cashing database; requires office to issue competitive solicitation for database to maintain certain transaction information relating to check cashing; authorizes office to request funds & to submit draft legislation after certain requirements are met; authorizes FSC to adopt rules.

Florida Bill HB691. Personal Identification Theft

Personal Identification Theft; Defines “personal identification information”; provides that it is unlawful for person to intentionally or knowingly possess, without authorization, any personal identification information of another person; provides penalties; provides that possession of identification information of multiple individuals gives rise to inference of illegality; provides enhanced criminal penalties for possession of such information of multiple persons; provides exemptions; creates affirmative defensives; provides that act does not preclude prosecution for unlawful possession of personal identification information of another person under any other law.

Florida Senate Bill 242. Security of a Protected Consumer’s Information

Security of a Protected Consumer’s Information; Citing this act as the “Keeping I.D. Safe (KIDS) Act”; authorizing the representative of a protected consumer to place a security freeze on a protected consumer’s consumer report or record; prohibiting a consumer reporting agency from stating or implying that a security freeze reflects a negative credit history or rating; requiring a consumer reporting agency to remove a security freeze under specified conditions, etc.

A “protected consumer” is defined as a person younger than 16 years of age at the time a security freeze request is made, or a person represented by a guardian or other advocate.  Adding Fla. Stat. § 501.0051.

Florida SB 1524. Security of Confidential Personal Information

Security of Confidential Personal Information; Citing this act as the “Florida Information Protection Act of 2014”; repealing provisions relating to a breach of security concerning confidential personal information in third-party possession; requiring specified entities to take reasonable measures to protect and secure data containing personal information in electronic form; requiring notice to individuals of data security breaches under certain circumstances, etc.

An online notary public shall keep one or more secure electronic journals of online notarizations performed by the online notary public. For each online notarization, the electronic journal entry must contain all of the following:

  • The date and time of the notarization. 3 CODING: Words stricken are deletions; words underlined are additions.Ch. 2021-137 LAWS OFFLORIDA Ch. 2021-137
  • The type of notarial act performed, whether an oath or acknowledgment.
  • The type, the title, or a description of the electronic record or proceeding.
  • The name and address of each principal involved in the transaction or proceeding.
  • Evidence of identity of each principal involved in the transaction or proceeding in either any of the following forms:

1. A statement that the person is personally known to the online notary public; or. 2.a. A notation of the type of government-issued identification credential provided to the online notary public; b. An indication that the government-issued identification credential satisfied the credential analysis; and. c.(f) An indication that the principal satisfactorily passed the identity proofing. (g) An indication that the government-issued identification credential satisfied the credential analysis. (f)(h) The fee, if any, charged for the notarization.

Florida Statute § 832.07. Violations Involving Checks & Overdrafts

(2) IDENTITY.—

(a) In any prosecution or action under the provisions of this chapter, a check, draft, or order for which the information required in paragraph (b), paragraph (d), paragraph (e), or paragraph (f) is available at the time of issuance constitutes prima facie evidence of the identity of the person issuing the check, draft, or order and that such person is authorized to draw upon the named account.

(b) To establish this prima facie evidence:

  1. The driver license number or state identification number, specifying the state of issuance of the person presenting the check must be written on the check; or
  2. The following information regarding the identity of the person presenting the check must be obtained by the person accepting such check: The presenter’s full name, residence address, home phone number, business phone number, place of employment, sex, date of birth, and height.

(c) The information required in subparagraph (b)2. may be provided by either of two methods:

  1. The information may be recorded on the check; or
  2. The number of a check-cashing identification card issued by the accepter of the check may be recorded on the check. In order to be used to establish identity, such check-cashing identification card may not be issued until the information required in subparagraph (b)2. has been placed on file with the accepter of the check.

Florida Statutes § 817.625 Use of scanning device or re-encoder to defraud; penalties

(d) “Scanning device” means a scanner, reader, or any other electronic device that may be used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the computer chip, magnetic strip or stripe, or other storage mechanism of a payment card or from another device that directly reads the information from a payment card. The term does not include a skimming device.

(2)(a) It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for a person to use:

A scanning device or skimming device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the computer chip, magnetic strip or stripe, or other storage mechanism of a payment card without the permission of the authorized user of the payment card and with the intent to defraud the authorized user, the issuer of the authorized user’s payment card, or a merchant.

Florida Statute. Chapter 560. Money Services Businesses. Records of Check Cashers & Foreign Currency

560.310 Records of check cashers and foreign currency exchangers.—

(1) A licensee engaged in check cashing must maintain for the period specified in s. 560.1105 a copy of each payment instrument cashed.

(2) If the payment instrument exceeds $1,000, the following additional information must be maintained or submitted:

(a) Customer files, as prescribed by rule, on all customers who cash corporate payment instruments that exceed $1,000.

(b) A copy of the personal identification that bears a photograph of the customer used as identification and presented by the customer. Acceptable personal identification is limited to a valid driver license; a state identification card issued by any state of the United States or its territories or the District of Columbia, and showing a photograph and signature; a United States Government Resident Alien Identification Card; a passport; or a United States Military identification card.

(c) A thumbprint of the customer taken by the licensee when the payment instrument is presented for negotiation or payment.

(d) The office shall, at a minimum, require licensees to submit the following information to the check cashing database or electronic log, before entering into each check cashing transaction for each payment instrument being cashed, in such format as required by rule:

  1. Transaction date.
  2. Payor name as displayed on the payment instrument.
  3. Payee name as displayed on the payment instrument.
  4. Conductor name, if different from the payee name.
  5. Amount of the payment instrument.
  6. Amount of currency provided.
  7. Type of payment instrument, which may include personal, payroll, government, corporate, third-party, or another type of instrument.
  8. Amount of the fee charged for cashing of the payment instrument.
  9. Branch or location where the payment instrument was accepted.
  10. The type of identification and identification number presented by the payee or conductor.
  11. Payee’s workers’ compensation insurance policy number or exemption certificate number, if the payee is a business.
  12. Such additional information as required by rule.

Florida Statutes. 117.01 Notary Public Fees, Bonds

The application for appointment shall be signed and sworn to by the applicant and shall be accompanied by a fee of $25, together with the $10 commission fee required by s. 113.01, and a surcharge of $4, which $4 is appropriated to the Executive Office of the Governor to be used to educate and assist notaries public. The Executive Office of the Governor may contract with private vendors to provide the services set forth in this section. However, no commission fee shall be required for the issuance of a commission as a notary public to a veteran who served during a period of wartime service, as defined in s. 1.01(14), and who has been rated by the United States Government or the United States Department of Veterans Affairs or its predecessor to have a disability rating of 50 percent or more; such a disability is subject to verification by the Secretary of State, who has authority to adopt reasonable procedures to implement this act. The oath of office and notary bond required by this section shall also accompany the application and shall be in a form prescribed by the Department of State which shall require, but not be limited to, the following information: full name, residence address and telephone number, business address and telephone number, date of birth, race, sex, social security number, citizenship status, driver license number or the number of other official state-issued identification, affidavit of good character from someone unrelated to the applicant who has known the applicant for 1 year or more, a list of all professional licenses and commissions issued by the state during the previous 10 years and a statement as to whether or not the applicant has had such license or commission revoked or suspended, and a statement as to whether or not the applicant has been convicted of a felony, and, if there has been a conviction, a statement of the nature of the felony and restoration of civil rights. The applicant may not use a fictitious or assumed name other than a nickname on an application for commission. The application shall be maintained by the Department of State for the full term of a notary commission. A notary public shall notify, in writing, the Department of State of any change in his or her business address, home telephone number, business telephone number, home address, or criminal record within 60 days after such change. The Governor may require any other information he or she deems necessary for determining whether an applicant is eligible for a notary public commission. Each applicant must swear or affirm on the application that the information on the application is true and correct.

Florida Law 119.0712 Executive branch agency-specific exemptions from inspection or copying of public records.

119.0712 Executive branch agency-specific exemptions from inspection or copying of public records.—

(1) DEPARTMENT OF HEALTH.—All personal identifying information contained in records relating to an individual’s personal health or eligibility for health-related services held by the Department of Health is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except as otherwise provided in this subsection. Information made confidential and exempt by this subsection shall be disclosed:

(a) With the express written consent of the individual or the individual’s legally authorized representative.

(b) In a medical emergency, but only to the extent necessary to protect the health or life of the individual.

(c) By court order upon a showing of good cause.

(d) To a health research entity, if the entity seeks the records or data pursuant to a research protocol approved by the department, maintains the records or data in accordance with the approved protocol, and enters into a purchase and data-use agreement with the department, the fee provisions of which are consistent with s. 119.07(4). The department may deny a request for records or data if the protocol provides for intrusive follow-back contacts, has not been approved by a human studies institutional review board, does not plan for the destruction of confidential records after the research is concluded, is administratively burdensome, or does not have scientific merit. The agreement must restrict the release of any information that would permit the identification of persons, limit the use of records or data to the approved research protocol, and prohibit any other use of the records or data. Copies of records or data issued pursuant to this paragraph remain the property of the department.

(2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—

(a) For purposes of this subsection, the term “motor vehicle record” means any record that pertains to a motor vehicle operator’s permit, motor vehicle title, motor vehicle registration, or identification card issued by the Department of Highway Safety and Motor Vehicles.

(b) Personal information, including highly restricted personal information as defined in 18 U.S.C. s. 2725, contained in a motor vehicle record is confidential pursuant to the federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. Such information may be released only as authorized by that act; however, information received pursuant to that act may not be used for mass commercial solicitation of clients for litigation against motor vehicle dealers.

(c)1. Emergency contact information contained in a motor vehicle record is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

2. Without the express consent of the person to whom such emergency contact information applies, the emergency contact information contained in a motor vehicle record may be released only to law enforcement agencies for purposes of contacting those listed in the event of an emergency.

(3) OFFICE OF FINANCIAL REGULATION.—

(a) The following information held by the Office of Financial Regulation before, on, or after July 1, 2011, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution:

1. Any information received from another state or federal regulatory, administrative, or criminal justice agency that is otherwise confidential or exempt pursuant to the laws of that state or pursuant to federal law.

2. Any information that is received or developed by the office as part of a joint or multiagency examination or investigation with another state or federal regulatory, administrative, or criminal justice agency. The office may obtain and use the information in accordance with the conditions imposed by the joint or multiagency agreement. This exemption does not apply to information obtained or developed by the office that would otherwise be available for public inspection if the office had conducted an independent examination or investigation under Florida law.