Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7035, 1st Eng.
Barcode 612062
CHAMBER ACTION
Senate House
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3 Floor: 1/WD/3R .
05/04/2006 01:16 PM .
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11 Senator Garcia moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
15
16 and insert:
17 Section 1. Subsection (85) of section 316.003, Florida
18 Statutes, is amended to read:
19 316.003 Definitions.--The following words and phrases,
20 when used in this chapter, shall have the meanings
21 respectively ascribed to them in this section, except where
22 the context otherwise requires:
23 (85) VICTIM SERVICES PROGRAM PROGRAMS.--Any
24 community-based organization whose primary purpose is to act
25 as an advocate for the victims and survivors of traffic
26 crashes and for their families on a statewide basis. The
27 victims services offered by these programs may include grief
28 and crisis counseling, assistance with preparing victim
29 compensation claims excluding third-party legal action, or
30 connecting persons with other service providers, and providing
31 emergency financial assistance. The community-based
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Bill No. HB 7035, 1st Eng.
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1 organization must be qualified for nonprofit status under the
2 provisions of s. 501(c)(3) of the United States Internal
3 Review Code and have a valid consumer's certificate of
4 exemption issued to the organization by the Department of
5 Revenue.
6 Section 2. Section 316.066, Florida Statutes, is
7 amended to read:
8 316.066 Written reports of crashes.--
9 (1) The driver of a vehicle which is in any manner
10 involved in a crash resulting in bodily injury to or death of
11 any person or damage to any vehicle or other property in an
12 apparent amount of at least $500 shall, within 10 days after
13 the crash, forward a written report of such crash to the
14 department or traffic records center. However, when the
15 investigating officer has made a written report of the crash
16 pursuant to subsection paragraph (3)(a), no written report
17 need be forwarded to the department or traffic records center
18 by the driver.
19 (2) The receiving entity may require any driver of a
20 vehicle involved in a crash of which a written report must be
21 made as provided in this section to file supplemental written
22 reports whenever the original report is insufficient in the
23 opinion of the department and may require witnesses of crashes
24 to render reports to the department.
25 (3)(a) Every law enforcement officer who in the
26 regular course of duty investigates a motor vehicle crash:
27 1. Which crash resulted in death or personal injury
28 shall, within 10 days after completing the investigation,
29 forward a written report of the crash to the department or
30 traffic records center.
31 2. Which crash involved a violation of s. 316.061(1)
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7035, 1st Eng.
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1 or s. 316.193 shall, within 10 days after completing the
2 investigation, forward a written report of the crash to the
3 department or traffic records center.
4 3. In which crash a vehicle was rendered inoperative
5 to a degree which required a wrecker to remove it from traffic
6 may, within 10 days after completing the investigation,
7 forward a written report of the crash to the department or
8 traffic records center if such action is appropriate, in the
9 officer's discretion.
10 (b) However, In every case in which a crash report is
11 required by this section and a written report to a law
12 enforcement officer is not prepared, the law enforcement
13 officer shall provide each party involved in the crash a
14 short-form report, prescribed by the state, to be completed by
15 the party. The short-form report must include, but is not
16 limited to:
17 1. The date, time, and location of the crash;
18 2. A description of the vehicles involved;
19 3. The names and addresses of the parties involved;
20 4. The names and addresses of witnesses;
21 5. The name, badge number, and law enforcement agency
22 of the officer investigating the crash; and
23 6. The names of the insurance companies for the
24 respective parties involved in the crash.
25 (c) Each party to the crash shall provide the law
26 enforcement officer with proof of insurance to be included in
27 the crash report. If a law enforcement officer submits a
28 report on the accident, proof of insurance must be provided to
29 the officer by each party involved in the crash. Any party who
30 fails to provide the required information is guilty of an
31 infraction for a nonmoving violation, punishable as provided
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Bill No. HB 7035, 1st Eng.
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1 in chapter 318 unless the officer determines that due to
2 injuries or other special circumstances such insurance
3 information cannot be provided immediately. If the person
4 provides the law enforcement agency, within 24 hours after the
5 crash, proof of insurance that was valid at the time of the
6 crash, the law enforcement agency may void the citation.
7 (4)(a)(b) One or more counties may enter into an
8 agreement with the appropriate state agency to be certified by
9 the agency to have a traffic records center for the purpose of
10 tabulating and analyzing countywide traffic crash reports. The
11 agreement must include: certification by the agency that the
12 center has adequate auditing and monitoring mechanisms in
13 place to ensure the quality and accuracy of the data; the time
14 period in which the traffic records center must report crash
15 data to the agency; and the medium in which the traffic
16 records must be submitted to the agency.
17 (b) In the case of a county or multicounty area that
18 has a certified central traffic records center, a law
19 enforcement agency or driver must submit to the center within
20 the time limit prescribed in this section a written report of
21 the crash. A driver who is required to file a crash report
22 must be notified of the proper place to submit the completed
23 report.
24 (c) Fees for copies of public records provided by a
25 certified traffic records center shall be charged and
26 collected as follows:
27 For a crash report.........................$2 per copy.
28 For a homicide report.....................$25 per copy.
29 For a uniform traffic citation..........$0.50 per copy.
30
31 The fees collected for copies of the public records provided
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1 by a certified traffic records center shall be used to fund
2 the center or otherwise as designated by the county or
3 counties participating in the center.
4 (5)(a)(c) Crash reports and the uniform traffic
5 citations (HSMV75901) associated with such crashes and crash
6 investigations that required by this section which reveal the
7 identity, home or employment telephone number or home or
8 employment address of, or other personal information
9 concerning the parties involved in the crash and that which
10 are held received or prepared by any agency that regularly
11 receives or prepares information from or concerning the
12 parties to motor vehicle crashes are confidential and exempt
13 from s. 119.07(1) and s. 24(a), Art. I of the State
14 Constitution for a period of 60 days after the date the report
15 is filed.
16 (b) Crash However, such reports and citations held by
17 an agency under paragraph (a) may be made immediately
18 available to the parties involved in the crash, their legal
19 representatives, their licensed insurance agents, their
20 insurers or insurers to which they have applied for coverage,
21 persons under contract with such insurers to provide claims or
22 underwriting information, prosecutorial authorities, victim
23 services programs, radio and television stations licensed by
24 the Federal Communications Commission, newspapers qualified to
25 publish legal notices under ss. 50.011 and 50.031, and free
26 newspapers of general circulation, published once a week or
27 more often, available and of interest to the public generally
28 for the dissemination of news. For the purposes of this
29 section, the following products or publications are not
30 newspapers as referred to in this section: those intended
31 primarily for members of a particular profession or
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1 occupational group; those with the primary purpose of
2 distributing advertising; and those with the primary purpose
3 of publishing names and other personal identifying information
4 concerning parties to motor vehicle crashes.
5 (c) Any local, state, or federal agency, victim
6 services program, agent, or employee that is authorized to
7 have access to crash such reports and citations by any
8 provision of law shall be granted such access in the
9 furtherance of the agency's statutory duties notwithstanding
10 the provisions of this paragraph. Any local, state, or federal
11 agency, agent, or employee receiving such crash reports shall
12 maintain the confidential and exempt status of those reports
13 and shall not disclose such crash reports to any person or
14 entity.
15 (d) As a condition precedent to accessing a crash
16 report or uniform traffic citation within 60 days after the
17 date the report is filed, a person must present a valid
18 driver's license or other photographic identification, proof
19 of status, or identification that demonstrates his or her
20 qualifications to access that information, and file a written
21 sworn statement with the state or local agency in possession
22 of the information stating that information from a crash
23 report or uniform traffic citation made confidential and
24 exempt by this section will not be used for any commercial
25 solicitation of accident victims, or knowingly disclosed to
26 any third party for the purpose of such solicitation, during
27 the period of time that the information remains confidential
28 and exempt. In lieu of requiring the written sworn statement,
29 an agency may provide crash reports or uniform traffic
30 citations by electronic means to third-party vendors under
31 contract with one or more insurers, but only when such
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1 contract states that information from a crash report or
2 uniform traffic citation made confidential and exempt by this
3 section will not be used for any commercial solicitation of
4 accident victims by the vendors, or knowingly disclosed by the
5 vendors to any third party for the purpose of such
6 solicitation, during the period of time that the information
7 remains confidential and exempt, and only when a copy of such
8 contract is furnished to the agency as proof of the vendor's
9 claimed status.
10 (e) This subsection does not prevent the dissemination
11 or publication of news to the general public by any legitimate
12 media entitled to access confidential and exempt information
13 pursuant to this section. A law enforcement officer as defined
14 in s. 943.10(1) may enforce this subsection.
15 (f) This exemption is subject to the Open Government
16 Sunset Review Act of 1995 in accordance with s. 119.15, and
17 shall stand repealed on October 2, 2011 2006, unless reviewed
18 and saved from repeal through reenactment by the Legislature.
19 (6)(a)(d) Any driver failing to file the written
20 report required under subsection (1) or subsection (2) commits
21 a noncriminal traffic infraction, punishable as a nonmoving
22 violation as provided in chapter 318.
23 (b) Any employee of a state or local agency in
24 possession of information made confidential and exempt by this
25 section who knowingly discloses such confidential and exempt
26 information to a person not entitled to access such
27 information under this section is guilty of a felony of the
28 third degree, punishable as provided in s. 775.082, s.
29 775.083, or s. 775.084.
30 (c)(e) Any person, knowing that he or she is not
31 entitled to obtain information made confidential and exempt by
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1 this section, who obtains or attempts to obtain such
2 information is guilty of a felony of the third degree,
3 punishable as provided in s. 775.082, s. 775.083, or s.
4 775.084.
5 (d)(f) Any person who knowingly uses confidential and
6 exempt information in violation of a filed written sworn
7 statement or contractual agreement required by this section
8 commits a felony of the third degree, punishable as provided
9 in s. 775.082, s. 775.083, or s. 775.084.
10 (7)(4) Except as specified in this subsection, each
11 crash report made by a person involved in a crash and any
12 statement made by such person to a law enforcement officer for
13 the purpose of completing a crash report required by this
14 section shall be without prejudice to the individual so
15 reporting. No such report or statement shall be used as
16 evidence in any trial, civil or criminal. However, subject to
17 the applicable rules of evidence, a law enforcement officer at
18 a criminal trial may testify as to any statement made to the
19 officer by the person involved in the crash if that person's
20 privilege against self-incrimination is not violated. The
21 results of breath, urine, and blood tests administered as
22 provided in s. 316.1932 or s. 316.1933 are not confidential
23 and shall be admissible into evidence in accordance with the
24 provisions of s. 316.1934(2). Crash reports made by persons
25 involved in crashes shall not be used for commercial
26 solicitation purposes; however, the use of a crash report for
27 purposes of publication in a newspaper or other news
28 periodical or a radio or television broadcast shall not be
29 construed as "commercial purpose."
30 (8) A law enforcement officer, as defined in s.
31 943.10(1), may enforce this section.
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1 (5) For purposes of this section, a written report
2 includes a report generated by a law enforcement agency
3 through the use of a computer.
4 (6) Any driver failing to file the written report
5 required under subsection (1) or subsection (2) commits a
6 noncriminal traffic infraction, punishable as a nonmoving
7 violation as provided in chapter 318.
8 Section 3. The Legislature finds that there is a
9 public necessity that uniform traffic citations and portions
10 of crash reports which are mandated to be provided by law
11 immediately to certain parties as specified in s. 316.066,
12 Florida Statutes, be held confidential and exempt for 60 days
13 after the date the report or citation is filed to protect the
14 privacy of persons that have been the subject of a motor
15 vehicle crash report. Further, the exemption is necessary to
16 protect the public from unscrupulous individuals who promote
17 the filing of fraudulent insurance claims by obtaining such
18 information immediately after a crash and exploiting a crash
19 victim at a time of emotional distress. The Second Interim
20 Report of the Fifteenth Statewide Grand Jury on insurance
21 fraud related to personal injury protection noted a "strong
22 correlation" between illegal solicitation and the commission
23 of a variety of frauds. The grand jury found "the wholesale
24 availability of these reports is a major contributing factor
25 to this illegal activity and likely the single biggest factor
26 contributing to the high level of illegal solicitation."
27 Virtually anyone involved in a car accident in the state is
28 fair game for "runners" who collect crash reports within the
29 60-day public-records-exemption period under false pretenses
30 from law enforcement officials and then provide the
31 information to solicit crash victims and defraud insurers.
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1 Continuing to make this information available, in the words of
2 the grand jury, "can be emotionally, physically, and
3 ultimately financially destructive." The 2003 Senate Select
4 Committee on Automobile Insurance/PIP Reform found that
5 despite reforms enacted in 1998 and 2001, fraud continues to
6 permeate the PIP insurance market in Florida. Referrals to the
7 Division of Insurance Fraud for personal injury protection
8 fraud increased over 400 percent from 2002-2003 to 2004-2005.
9 Motor vehicle insurance fraud is fueled by early access to
10 crash reports and uniform traffic citations, which provides
11 the opportunity for the filing of fraudulent insurance claims.
12 Crash reports and uniform traffic citations made by law
13 enforcement officers should not be used for commercial
14 solicitation purposes. However, the use of a crash report by a
15 victim services program that is qualified for nonprofit status
16 under s. 501(c)(3) of the Internal Revenue Code and has a
17 valid certificate of exemption which was issued to the program
18 by the Department of Revenue and acts as an advocate for the
19 victims and survivors of traffic crashes and their families
20 may not be construed as a "commercial purpose." Such programs
21 act as an advocate for the victims and survivors of traffic
22 crashes and their families by providing services such as grief
23 and crisis counseling, assistance with preparing victim
24 compensation claims excluding third-party legal action,
25 connecting persons with other service providers, and providing
26 emergency financial assistance. The Legislature finds that
27 crash reports should be made immediately available to
28 nonprofit victim services programs. The Legislature also finds
29 that uniform traffic citations should be made immediately
30 available to certain parties, such as those persons involved
31 in the motor vehicle crash and their legal representatives,
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1 their insurers or insurers to which they have applied for
2 coverage, their licensed insurance agents, persons under
3 contract with such insurers to provide claims or underwriting
4 information, victim services programs, and representatives of
5 law enforcement agencies and other regulatory agencies, and
6 prosecutorial authorities within 60 days after the crash
7 report is filed.
8 Section 4. Paragraph (a) of subsection (1) of section
9 324.051, Florida Statutes, is amended to read:
10 324.051 Reports of crashes; suspensions of licenses
11 and registrations.--
12 (1)(a) Every law enforcement officer who, in the
13 regular course of duty either at the time of and at the scene
14 of the crash or thereafter by interviewing participants or
15 witnesses, investigates a motor vehicle crash which he or she
16 is required to report pursuant to s. 316.066(3)(a) shall
17 forward a written report of the crash to the department within
18 10 days of completing the investigation. However, when the
19 investigation of a crash will take more than 10 days to
20 complete, a preliminary copy of the crash report shall be
21 forwarded to the department within 10 days of the occurrence
22 of the crash, to be followed by a final report within 10 days
23 after completion of the investigation. The report shall be on
24 a form and contain information consistent with the
25 requirements of s. 316.068.
26 Section 5. Paragraph (c) of subsection (3) of section
27 921.0022, Florida Statutes, is amended to read:
28 921.0022 Criminal Punishment Code; offense severity
29 ranking chart.--
30 (3) OFFENSE SEVERITY RANKING CHART
31
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1 Florida Felony Description
2 Statute Degree
3 (c) LEVEL 3
4 119.10(2)(b) 3rd Unlawful use of confidential
5 information from police reports.
6 316.066(6)(a)-(d)
7 (3)(d)-(f) 3rd Unlawfully obtaining or using
8 confidential crash reports.
9 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
10 316.1935(2) 3rd Fleeing or attempting to elude
11 law enforcement officer in patrol
12 vehicle with siren and lights
13 activated.
14 319.30(4) 3rd Possession by junkyard of motor
15 vehicle with identification
16 number plate removed.
17 319.33(1)(a) 3rd Alter or forge any certificate of
18 title to a motor vehicle or
19 mobile home.
20 319.33(1)(c) 3rd Procure or pass title on stolen
21 vehicle.
22 319.33(4) 3rd With intent to defraud, possess,
23 sell, etc., a blank, forged, or
24 unlawfully obtained title or
25 registration.
26 327.35(2)(b) 3rd Felony BUI.
27 328.05(2) 3rd Possess, sell, or counterfeit
28 fictitious, stolen, or fraudulent
29 titles or bills of sale of
30 vessels.
31
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1 328.07(4) 3rd Manufacture, exchange, or possess
2 vessel with counterfeit or wrong
3 ID number.
4 370.12(1)(e)5. 3rd Taking, disturbing, mutilating,
5 destroying, causing to be
6 destroyed, transferring, selling,
7 offering to sell, molesting, or
8 harassing marine turtles, marine
9 turtle eggs, or marine turtle
10 nests in violation of the Marine
11 Turtle Protection Act.
12 370.12(1)(e)6. 3rd Soliciting to commit or
13 conspiring to commit a violation
14 of the Marine Turtle Protection
15 Act.
16 376.302(5) 3rd Fraud related to reimbursement
17 for cleanup expenses under the
18 Inland Protection Trust Fund.
19 400.903(3) 3rd Operating a clinic without a
20 license or filing false license
21 application or other required
22 information.
23 440.105(3)(b) 3rd Receipt of fee or consideration
24 without approval by judge of
25 compensation claims.
26 440.1051(3) 3rd False report of workers'
27 compensation fraud or retaliation
28 for making such a report.
29 501.001(2)(b) 2nd Tampers with a consumer product
30 or the container using materially
31 false/misleading information.
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1 624.401(4)(a) 3rd Transacting insurance without a
2 certificate of authority.
3 624.401(4)(b)1. 3rd Transacting insurance without a
4 certificate of authority; premium
5 collected less than $20,000.
6 626.902(1)(a) & (b)3rd Representing an unauthorized
7 insurer.
8 697.08 3rd Equity skimming.
9 790.15(3) 3rd Person directs another to
10 discharge firearm from a vehicle.
11 796.05(1) 3rd Live on earnings of a prostitute.
12 806.10(1) 3rd Maliciously injure, destroy, or
13 interfere with vehicles or
14 equipment used in firefighting.
15 806.10(2) 3rd Interferes with or assaults
16 firefighter in performance of
17 duty.
18 810.09(2)(c) 3rd Trespass on property other than
19 structure or conveyance armed
20 with firearm or dangerous weapon.
21 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
22 less than $10,000.
23 812.0145(2)(c) 3rd Theft from person 65 years of age
24 or older; $300 or more but less
25 than $10,000.
26 815.04(4)(b) 2nd Computer offense devised to
27 defraud or obtain property.
28 817.034(4)(a)3. 3rd Engages in scheme to defraud
29 (Florida Communications Fraud
30 Act), property valued at less
31 than $20,000.
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1 817.233 3rd Burning to defraud insurer.
2 817.234(8)(b)-(c) 3rd Unlawful solicitation of persons
3 involved in motor vehicle
4 accidents.
5 817.234(11)(a) 3rd Insurance fraud; property value
6 less than $20,000.
7 817.236 3rd Filing a false motor vehicle
8 insurance application.
9 817.2361 3rd Creating, marketing, or
10 presenting a false or fraudulent
11 motor vehicle insurance card.
12 817.413(2) 3rd Sale of used goods as new.
13 817.505(4) 3rd Patient brokering.
14 828.12(2) 3rd Tortures any animal with intent
15 to inflict intense pain, serious
16 physical injury, or death.
17 831.28(2)(a) 3rd Counterfeiting a payment
18 instrument with intent to defraud
19 or possessing a counterfeit
20 payment instrument.
21 831.29 2nd Possession of instruments for
22 counterfeiting drivers' licenses
23 or identification cards.
24 838.021(3)(b) 3rd Threatens unlawful harm to public
25 servant.
26 843.19 3rd Injure, disable, or kill police
27 dog or horse.
28 860.15(3) 3rd Overcharging for repairs and
29 parts.
30 870.01(2) 3rd Riot; inciting or encouraging.
31
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1 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
2 cannabis (or other s.
3 893.03(1)(c), (2)(c)1., (2)(c)2.,
4 (2)(c)3., (2)(c)5., (2)(c)6.,
5 (2)(c)7., (2)(c)8., (2)(c)9.,
6 (3), or (4) drugs).
7 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
8 893.03(1)(c), (2)(c)1., (2)(c)2.,
9 (2)(c)3., (2)(c)5., (2)(c)6.,
10 (2)(c)7., (2)(c)8., (2)(c)9.,
11 (3), or (4) drugs within 1,000
12 feet of university.
13 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s.
14 893.03(1)(c), (2)(c)1., (2)(c)2.,
15 (2)(c)3., (2)(c)5., (2)(c)6.,
16 (2)(c)7., (2)(c)8., (2)(c)9.,
17 (3), or (4) drugs within 1,000
18 feet of public housing facility.
19 893.13(6)(a) 3rd Possession of any controlled
20 substance other than felony
21 possession of cannabis.
22 893.13(7)(a)8. 3rd Withhold information from
23 practitioner regarding previous
24 receipt of or prescription for a
25 controlled substance.
26 893.13(7)(a)9. 3rd Obtain or attempt to obtain
27 controlled substance by fraud,
28 forgery, misrepresentation, etc.
29 893.13(7)(a)10. 3rd Affix false or forged label to
30 package of controlled substance.
31
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1 893.13(7)(a)11. 3rd Furnish false or fraudulent
2 material information on any
3 document or record required by
4 chapter 893.
5 893.13(8)(a)1. 3rd Knowingly assist a patient, other
6 person, or owner of an animal in
7 obtaining a controlled substance
8 through deceptive, untrue, or
9 fraudulent representations in or
10 related to the practitioner's
11 practice.
12 893.13(8)(a)2. 3rd Employ a trick or scheme in the
13 practitioner's practice to assist
14 a patient, other person, or owner
15 of an animal in obtaining a
16 controlled substance.
17 893.13(8)(a)3. 3rd Knowingly write a prescription
18 for a controlled substance for a
19 fictitious person.
20 893.13(8)(a)4. 3rd Write a prescription for a
21 controlled substance for a
22 patient, other person, or an
23 animal if the sole purpose of
24 writing the prescription is a
25 monetary benefit for the
26 practitioner.
27 918.13(1)(a) 3rd Alter, destroy, or conceal
28 investigation evidence.
29 944.47(1)(a)1.-2. 3rd Introduce contraband to
30 correctional facility.
31
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1 944.47(1)(c) 2nd Possess contraband while upon the
2 grounds of a correctional
3 institution.
4 985.3141 3rd Escapes from a juvenile facility
5 (secure detention or residential
6 commitment facility).
7
8
9 ================ T I T L E A M E N D M E N T ===============
10 And the title is amended as follows:
11 Delete everything before the enacting clause
12
13 and insert:
14 A bill to be entitled
15 An act relating to a review under the Open
16 Government Sunset Review Act regarding motor
17 vehicle crash reports; amending s. 316.003,
18 F.S.; revising the definition of "victim
19 services programs" to include only
20 organizations that are qualified for nonprofit
21 status under s. 501(c)(3) of the United States
22 Internal Revenue Code and have a valid
23 consumer's certificate of exemption issued to
24 the organization by the Department of Revenue;
25 amending s. 316.066, F.S., which provides an
26 exemption from public records requirements for
27 required motor vehicle crash reports that
28 reveal the identity, home or employment
29 telephone number, or home or employment address
30 of, or other personal information concerning,
31 parties involved in a motor vehicle crash and
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7035, 1st Eng.
Barcode 612062
1 that are held by any agency that regularly
2 receives or prepares information from or
3 concerning the parties to motor vehicle
4 crashes; creating a public-records exemption
5 for uniform traffic citations related to a
6 motor vehicle crash; providing that such
7 citations be made immediately available to
8 certain parties; reorganizing provisions,
9 making editorial and conforming changes, and
10 removing superfluous language; providing for
11 the future review and repeal of the exemption
12 under the Open Government Sunset Review Act;
13 providing a statement of public necessity;
14 amending ss. 324.051 and 921.0022, F.S.;
15 conforming cross-references; providing an
16 effective date.
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