Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7035, 1st Eng.
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CHAMBER ACTION
Senate House
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3 Floor: 2/AD/3R .
05/04/2006 01:16 PM .
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11 Senator Garcia moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
15
16 and insert:
17 Section 1. Section 316.066, Florida Statutes, is
18 amended to read:
316.066 Written reports of crashes.--
20 (1) The driver of a vehicle which is in any manner
21 involved in a crash resulting in bodily injury to or death of
22 any person or damage to any vehicle or other property in an
23 apparent amount of at least $500 shall, within 10 days after
24 the crash, forward a written report of such crash to the
25 department or traffic records center. However, when the
26 investigating officer has made a written report of the crash
27 pursuant to subsection paragraph (3)(a), no written report
28 need be forwarded to the department or traffic records center
29 by the driver.
30 (2) The receiving entity may require any driver of a
31 vehicle involved in a crash of which a written report must be
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7035, 1st Eng.
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1 made as provided in this section to file supplemental written
2 reports whenever the original report is insufficient in the
3 opinion of the department and may require witnesses of crashes
4 to render reports to the department.
5 (3)(a) Every law enforcement officer who in the
6 regular course of duty investigates a motor vehicle crash:
7 1. Which crash resulted in death or personal injury
8 shall, within 10 days after completing the investigation,
9 forward a written report of the crash to the department or
10 traffic records center.
11 2. Which crash involved a violation of s. 316.061(1)
12 or s. 316.193 shall, within 10 days after completing the
13 investigation, forward a written report of the crash to the
14 department or traffic records center.
15 3. In which crash a vehicle was rendered inoperative
16 to a degree which required a wrecker to remove it from traffic
17 may, within 10 days after completing the investigation,
18 forward a written report of the crash to the department or
19 traffic records center if such action is appropriate, in the
20 officer's discretion.
21 (b) However, In every case in which a crash report is
22 required by this section and a written report to a law
23 enforcement officer is not prepared, the law enforcement
24 officer shall provide each party involved in the crash a
25 short-form report, prescribed by the state, to be completed by
26 the party. The short-form report must include, but is not
27 limited to:
28 1. The date, time, and location of the crash;
29 2. A description of the vehicles involved;
30 3. The names and addresses of the parties involved;
31 4. The names and addresses of witnesses;
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7035, 1st Eng.
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1 5. The name, badge number, and law enforcement agency
2 of the officer investigating the crash; and
3 6. The names of the insurance companies for the
4 respective parties involved in the crash.
5 (c) Each party to the crash shall provide the law
6 enforcement officer with proof of insurance to be included in
7 the crash report. If a law enforcement officer submits a
8 report on the accident, proof of insurance must be provided to
9 the officer by each party involved in the crash. Any party who
10 fails to provide the required information is guilty of an
11 infraction for a nonmoving violation, punishable as provided
12 in chapter 318 unless the officer determines that due to
13 injuries or other special circumstances such insurance
14 information cannot be provided immediately. If the person
15 provides the law enforcement agency, within 24 hours after the
16 crash, proof of insurance that was valid at the time of the
17 crash, the law enforcement agency may void the citation.
18 (4)(a)(b) One or more counties may enter into an
19 agreement with the appropriate state agency to be certified by
20 the agency to have a traffic records center for the purpose of
21 tabulating and analyzing countywide traffic crash reports. The
22 agreement must include: certification by the agency that the
23 center has adequate auditing and monitoring mechanisms in
24 place to ensure the quality and accuracy of the data; the time
25 period in which the traffic records center must report crash
26 data to the agency; and the medium in which the traffic
27 records must be submitted to the agency.
28 (b) In the case of a county or multicounty area that
29 has a certified central traffic records center, a law
30 enforcement agency or driver must submit to the center within
31 the time limit prescribed in this section a written report of
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1 the crash. A driver who is required to file a crash report
2 must be notified of the proper place to submit the completed
3 report.
4 (c) Fees for copies of public records provided by a
5 certified traffic records center shall be charged and
6 collected as follows:
7 For a crash report.........................$2 per copy.
8 For a homicide report.....................$25 per copy.
9 For a uniform traffic citation..........$0.50 per copy.
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11 The fees collected for copies of the public records provided
12 by a certified traffic records center shall be used to fund
13 the center or otherwise as designated by the county or
14 counties participating in the center.
15 (5)(a)(c) Crash reports that required by this section
16 which reveal the identity, home or employment telephone number
17 or home or employment address of, or other personal
18 information concerning the parties involved in the crash and
19 that which are held received or prepared by any agency that
20 regularly receives or prepares information from or concerning
21 the parties to motor vehicle crashes are confidential and
22 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
23 Constitution for a period of 60 days after the date the report
24 is filed.
25 (b) Crash However, such reports held by an agency
26 under paragraph (a) may be made immediately available to the
27 parties involved in the crash, their legal representatives,
28 their licensed insurance agents, their insurers or insurers to
29 which they have applied for coverage, persons under contract
30 with such insurers to provide claims or underwriting
31 information, prosecutorial authorities, victim services
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1 programs, radio and television stations licensed by the
2 Federal Communications Commission, newspapers qualified to
3 publish legal notices under ss. 50.011 and 50.031, and free
4 newspapers of general circulation, published once a week or
5 more often, available and of interest to the public generally
6 for the dissemination of news. For the purposes of this
7 section, the following products or publications are not
8 newspapers as referred to in this section: those intended
9 primarily for members of a particular profession or
10 occupational group; those with the primary purpose of
11 distributing advertising; and those with the primary purpose
12 of publishing names and other personal identifying information
13 concerning parties to motor vehicle crashes.
14 (c) Any local, state, or federal agency, victim
15 services program, agent, or employee that is authorized to
16 have access to crash such reports by any provision of law
17 shall be granted such access in the furtherance of the
18 agency's statutory duties notwithstanding the provisions of
19 this paragraph. Any local, state, or federal agency, agent, or
20 employee receiving such crash reports shall maintain the
21 confidential and exempt status of those reports and shall not
22 disclose such crash reports to any person or entity.
23 (d) As a condition precedent to accessing a crash
24 report within 60 days after the date the report is filed, a
25 person must present a valid driver's license or other
26 photographic identification, proof of status, or
27 identification that demonstrates his or her qualifications to
28 access that information, and file a written sworn statement
29 with the state or local agency in possession of the
30 information stating that information from a crash report made
31 confidential and exempt by this section will not be used for
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1 any commercial solicitation of accident victims, or knowingly
2 disclosed to any third party for the purpose of such
3 solicitation, during the period of time that the information
4 remains confidential and exempt. In lieu of requiring the
5 written sworn statement, an agency may provide crash reports
6 by electronic means to third-party vendors under contract with
7 one or more insurers, but only when such contract states that
8 information from a crash report made confidential and exempt
9 by this section will not be used for any commercial
10 solicitation of accident victims by the vendors, or knowingly
11 disclosed by the vendors to any third party for the purpose of
12 such solicitation, during the period of time that the
13 information remains confidential and exempt, and only when a
14 copy of such contract is furnished to the agency as proof of
15 the vendor's claimed status.
16 (e) This subsection does not prevent the dissemination
17 or publication of news to the general public by any legitimate
18 media entitled to access confidential and exempt information
19 pursuant to this section. A law enforcement officer as defined
20 in s. 943.10(1) may enforce this subsection. This exemption is
21 subject to the Open Government Sunset Review Act of 1995 in
22 accordance with s. 119.15, and shall stand repealed on October
23 2, 2006, unless reviewed and saved from repeal through
24 reenactment by the Legislature.
25 (6)(a)(d) Any driver failing to file the written
26 report required under subsection (1) or subsection (2) commits
27 a noncriminal traffic infraction, punishable as a nonmoving
28 violation as provided in chapter 318.
29 (b) Any employee of a state or local agency in
30 possession of information made confidential and exempt by this
31 section who knowingly discloses such confidential and exempt
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1 information to a person not entitled to access such
2 information under this section is guilty of a felony of the
3 third degree, punishable as provided in s. 775.082, s.
4 775.083, or s. 775.084.
5 (c)(e) Any person, knowing that he or she is not
6 entitled to obtain information made confidential and exempt by
7 this section, who obtains or attempts to obtain such
8 information is guilty of a felony of the third degree,
9 punishable as provided in s. 775.082, s. 775.083, or s.
10 775.084.
11 (d)(f) Any person who knowingly uses confidential and
12 exempt information in violation of a filed written sworn
13 statement or contractual agreement required by this section
14 commits a felony of the third degree, punishable as provided
15 in s. 775.082, s. 775.083, or s. 775.084.
16 (7)(4) Except as specified in this subsection, each
17 crash report made by a person involved in a crash and any
18 statement made by such person to a law enforcement officer for
19 the purpose of completing a crash report required by this
20 section shall be without prejudice to the individual so
21 reporting. No such report or statement shall be used as
22 evidence in any trial, civil or criminal. However, subject to
23 the applicable rules of evidence, a law enforcement officer at
24 a criminal trial may testify as to any statement made to the
25 officer by the person involved in the crash if that person's
26 privilege against self-incrimination is not violated. The
27 results of breath, urine, and blood tests administered as
28 provided in s. 316.1932 or s. 316.1933 are not confidential
29 and shall be admissible into evidence in accordance with the
30 provisions of s. 316.1934(2). Crash reports made by persons
31 involved in crashes shall not be used for commercial
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1 solicitation purposes; however, the use of a crash report for
2 purposes of publication in a newspaper or other news
3 periodical or a radio or television broadcast shall not be
4 construed as "commercial purpose."
5 (8) A law enforcement officer, as defined in s.
6 943.10(1), may enforce this section.
7 (5) For purposes of this section, a written report
8 includes a report generated by a law enforcement agency
9 through the use of a computer.
10 (6) Any driver failing to file the written report
11 required under subsection (1) or subsection (2) commits a
12 noncriminal traffic infraction, punishable as a nonmoving
13 violation as provided in chapter 318.
14 Section 2. Paragraph (a) of subsection (1) of section
15 324.051, Florida Statutes, is amended to read:
16 324.051 Reports of crashes; suspensions of licenses
17 and registrations.--
18 (1)(a) Every law enforcement officer who, in the
19 regular course of duty either at the time of and at the scene
20 of the crash or thereafter by interviewing participants or
21 witnesses, investigates a motor vehicle crash which he or she
22 is required to report pursuant to s. 316.066(3)(a) shall
23 forward a written report of the crash to the department within
24 10 days of completing the investigation. However, when the
25 investigation of a crash will take more than 10 days to
26 complete, a preliminary copy of the crash report shall be
27 forwarded to the department within 10 days of the occurrence
28 of the crash, to be followed by a final report within 10 days
29 after completion of the investigation. The report shall be on
30 a form and contain information consistent with the
31 requirements of s. 316.068.
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1 Section 3. Paragraph (c) of subsection (3) of section
2 921.0022, Florida Statutes, is amended to read:
3 921.0022 Criminal Punishment Code; offense severity
4 ranking chart.--
5 (3) OFFENSE SEVERITY RANKING CHART
6 Florida Felony Description
7 Statute Degree
8 (c) LEVEL 3
9 119.10(2)(b) 3rd Unlawful use of confidential
10 information from police reports.
11 316.066(6)(b)-(d)
12 (3)(d)-(f) 3rd Unlawfully obtaining or using
13 confidential crash reports.
14 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
15 316.1935(2) 3rd Fleeing or attempting to elude
16 law enforcement officer in patrol
17 vehicle with siren and lights
18 activated.
19 319.30(4) 3rd Possession by junkyard of motor
20 vehicle with identification
21 number plate removed.
22 319.33(1)(a) 3rd Alter or forge any certificate of
23 title to a motor vehicle or
24 mobile home.
25 319.33(1)(c) 3rd Procure or pass title on stolen
26 vehicle.
27 319.33(4) 3rd With intent to defraud, possess,
28 sell, etc., a blank, forged, or
29 unlawfully obtained title or
30 registration.
31 327.35(2)(b) 3rd Felony BUI.
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1 328.05(2) 3rd Possess, sell, or counterfeit
2 fictitious, stolen, or fraudulent
3 titles or bills of sale of
4 vessels.
5 328.07(4) 3rd Manufacture, exchange, or possess
6 vessel with counterfeit or wrong
7 ID number.
8 370.12(1)(e)5. 3rd Taking, disturbing, mutilating,
9 destroying, causing to be
10 destroyed, transferring, selling,
11 offering to sell, molesting, or
12 harassing marine turtles, marine
13 turtle eggs, or marine turtle
14 nests in violation of the Marine
15 Turtle Protection Act.
16 370.12(1)(e)6. 3rd Soliciting to commit or
17 conspiring to commit a violation
18 of the Marine Turtle Protection
19 Act.
20 376.302(5) 3rd Fraud related to reimbursement
21 for cleanup expenses under the
22 Inland Protection Trust Fund.
23 400.903(3) 3rd Operating a clinic without a
24 license or filing false license
25 application or other required
26 information.
27 440.105(3)(b) 3rd Receipt of fee or consideration
28 without approval by judge of
29 compensation claims.
30 440.1051(3) 3rd False report of workers'
31 compensation fraud or retaliation
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1 for making such a report.
2 501.001(2)(b) 2nd Tampers with a consumer product
3 or the container using materially
4 false/misleading information.
5 624.401(4)(a) 3rd Transacting insurance without a
6 certificate of authority.
7 624.401(4)(b)1. 3rd Transacting insurance without a
8 certificate of authority; premium
9 collected less than $20,000.
10 626.902(1)(a) & (b)3rd Representing an unauthorized
11 insurer.
12 697.08 3rd Equity skimming.
13 790.15(3) 3rd Person directs another to
14 discharge firearm from a vehicle.
15 796.05(1) 3rd Live on earnings of a prostitute.
16 806.10(1) 3rd Maliciously injure, destroy, or
17 interfere with vehicles or
18 equipment used in firefighting.
19 806.10(2) 3rd Interferes with or assaults
20 firefighter in performance of
21 duty.
22 810.09(2)(c) 3rd Trespass on property other than
23 structure or conveyance armed
24 with firearm or dangerous weapon.
25 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
26 less than $10,000.
27 812.0145(2)(c) 3rd Theft from person 65 years of age
28 or older; $300 or more but less
29 than $10,000.
30 815.04(4)(b) 2nd Computer offense devised to
31 defraud or obtain property.
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1 817.034(4)(a)3. 3rd Engages in scheme to defraud
2 (Florida Communications Fraud
3 Act), property valued at less
4 than $20,000.
5 817.233 3rd Burning to defraud insurer.
6 817.234(8)(b)-(c) 3rd Unlawful solicitation of persons
7 involved in motor vehicle
8 accidents.
9 817.234(11)(a) 3rd Insurance fraud; property value
10 less than $20,000.
11 817.236 3rd Filing a false motor vehicle
12 insurance application.
13 817.2361 3rd Creating, marketing, or
14 presenting a false or fraudulent
15 motor vehicle insurance card.
16 817.413(2) 3rd Sale of used goods as new.
17 817.505(4) 3rd Patient brokering.
18 828.12(2) 3rd Tortures any animal with intent
19 to inflict intense pain, serious
20 physical injury, or death.
21 831.28(2)(a) 3rd Counterfeiting a payment
22 instrument with intent to defraud
23 or possessing a counterfeit
24 payment instrument.
25 831.29 2nd Possession of instruments for
26 counterfeiting drivers' licenses
27 or identification cards.
28 838.021(3)(b) 3rd Threatens unlawful harm to public
29 servant.
30 843.19 3rd Injure, disable, or kill police
31 dog or horse.
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1 860.15(3) 3rd Overcharging for repairs and
2 parts.
3 870.01(2) 3rd Riot; inciting or encouraging.
4 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
5 cannabis (or other s.
6 893.03(1)(c), (2)(c)1., (2)(c)2.,
7 (2)(c)3., (2)(c)5., (2)(c)6.,
8 (2)(c)7., (2)(c)8., (2)(c)9.,
9 (3), or (4) drugs).
10 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
11 893.03(1)(c), (2)(c)1., (2)(c)2.,
12 (2)(c)3., (2)(c)5., (2)(c)6.,
13 (2)(c)7., (2)(c)8., (2)(c)9.,
14 (3), or (4) drugs within 1,000
15 feet of university.
16 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s.
17 893.03(1)(c), (2)(c)1., (2)(c)2.,
18 (2)(c)3., (2)(c)5., (2)(c)6.,
19 (2)(c)7., (2)(c)8., (2)(c)9.,
20 (3), or (4) drugs within 1,000
21 feet of public housing facility.
22 893.13(6)(a) 3rd Possession of any controlled
23 substance other than felony
24 possession of cannabis.
25 893.13(7)(a)8. 3rd Withhold information from
26 practitioner regarding previous
27 receipt of or prescription for a
28 controlled substance.
29 893.13(7)(a)9. 3rd Obtain or attempt to obtain
30 controlled substance by fraud,
31 forgery, misrepresentation, etc.
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1 893.13(7)(a)10. 3rd Affix false or forged label to
2 package of controlled substance.
3 893.13(7)(a)11. 3rd Furnish false or fraudulent
4 material information on any
5 document or record required by
6 chapter 893.
7 893.13(8)(a)1. 3rd Knowingly assist a patient, other
8 person, or owner of an animal in
9 obtaining a controlled substance
10 through deceptive, untrue, or
11 fraudulent representations in or
12 related to the practitioner's
13 practice.
14 893.13(8)(a)2. 3rd Employ a trick or scheme in the
15 practitioner's practice to assist
16 a patient, other person, or owner
17 of an animal in obtaining a
18 controlled substance.
19 893.13(8)(a)3. 3rd Knowingly write a prescription
20 for a controlled substance for a
21 fictitious person.
22 893.13(8)(a)4. 3rd Write a prescription for a
23 controlled substance for a
24 patient, other person, or an
25 animal if the sole purpose of
26 writing the prescription is a
27 monetary benefit for the
28 practitioner.
29 918.13(1)(a) 3rd Alter, destroy, or conceal
30 investigation evidence.
31
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1 944.47(1)(a)1.-2. 3rd Introduce contraband to
2 correctional facility.
3 944.47(1)(c) 2nd Possess contraband while upon the
4 grounds of a correctional
5 institution.
6 985.3141 3rd Escapes from a juvenile facility
7 (secure detention or residential
8 commitment facility).
9 Section 4. This act shall take effect October 1, 2006.
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12 ================ T I T L E A M E N D M E N T ===============
13 And the title is amended as follows:
14 Delete everything before the enacting clause
15
16 and insert:
17 A bill to be entitled
18 An act relating to a review under the Open
19 Government Sunset Review Act regarding motor
20 vehicle crash reports; amending s. 316.066,
21 F.S., which provides an exemption from public
22 records requirements for required motor vehicle
23 crash reports that reveal the identity, home or
24 employment telephone number, or home or
25 employment address of, or other personal
26 information concerning, parties involved in a
27 motor vehicle crash and that are held by any
28 agency that regularly receives or prepares
29 information from or concerning the parties to
30 motor vehicle crashes; reorganizing provisions,
31 making editorial and conforming changes, and
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1 removing superfluous language; removing the
2 scheduled repeal of the exemption under the
3 Open Government Sunset Review Act; amending ss.
4 324.051 and 921.0022, F.S.; conforming
5 cross-references; providing an effective date.
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