Senate Bill 0920

    Florida Senate - 1998                                   SB 920

    By Senator Gutman





    34-764-98

  1                      A bill to be entitled

  2         An act relating to accident reports; amending

  3         s. 316.066, F.S.; providing that motor vehicle

  4         accident reports are not privileged or

  5         confidential; providing that such reports may

  6         be used in trials and administrative hearings;

  7         providing an effective date.

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  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Subsection (4) of section 316.066, Florida

12  Statutes, is amended to read:

13         316.066  Written reports of accidents.--

14         (4)(a)  The accident report privilege is abrogated.

15  Reports or statements required by this section or s. 316.062

16  are not confidential or privileged and may be used as evidence

17  in any civil or criminal trial or administrative hearing,

18  subject to the applicable rules of evidence. Except as

19  specified in this subsection, each accident report made by a

20  person involved in an accident and any statement made by such

21  person to a law enforcement officer for the purpose of

22  completing an accident report required by this section shall

23  be without prejudice to the individual so reporting. No such

24  report or statement shall be used as evidence in any trial,

25  civil or criminal.  However, subject to the applicable rules

26  of evidence, a law enforcement officer at a criminal trial may

27  testify as to any statement made to the officer by the person

28  involved in the accident if that person's privilege against

29  self-incrimination is not violated.

30         (b)  The results of breath, urine, and blood tests

31  administered as provided in s. 316.1932 or s. 316.1933 are not

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 920
    34-764-98




  1  confidential or privileged and shall be admissible into

  2  evidence in accordance with the provisions of s. 316.1934(2).

  3         (c)  Accident reports made by persons involved in

  4  accidents shall not be used for commercial solicitation

  5  purposes; provided, however, the that use of an accident

  6  report for purposes of publication in a newspaper or other

  7  news periodical or a radio or television broadcast shall not

  8  be construed as "commercial purpose."

  9         Section 2.  This act shall take effect July 1, 1998.

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12                          SENATE SUMMARY

13    Provides that accident reports are not confidential or
      privileged and may be used as evidence in any civil or
14    criminal trial or administrative hearing, subject to the
      rules of evidence.
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