Senate Bill 1322

    Florida Senate - 1999                                  SB 1322

    By Senator Carlton





    24-1310-99                                              See HB

  1                      A bill to be entitled

  2         An act relating to liabilities for driving

  3         offenses; amending s. 316.066, F.S., relating

  4         to written reports of accidents; abrogating the

  5         accident report privilege; removing provisions

  6         under which an accident report or statements to

  7         a law enforcement officer made by a person

  8         involved in an accident are without prejudice

  9         to the person and may not be used as trial

10         evidence absent exceptional circumstances;

11         providing that results of breath, urine, and

12         blood tests, made for certain purposes of

13         determining whether a person has been driving

14         under the influence of alcohol or a chemical

15         substance or controlled substance, are not

16         privileged; prohibiting use for commercial

17         solicitation purposes of an accident report

18         made by persons involved in a crash; providing

19         for construction; providing an effective date.

20

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

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

24  Statutes, is amended to read:

25         316.066  Written reports of accidents.--

26         (4)(a)  The accident report privilege is hereby

27  abrogated. Except as specified in this subsection, each

28  accident report made by a person involved in an accident and

29  any statement made by such person to a law enforcement officer

30  for the purpose of completing an accident report required by

31  this section shall be without prejudice to the individual so

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






    Florida Senate - 1999                                  SB 1322
    24-1310-99                                              See HB




  1  reporting. No such report or statement shall be used as

  2  evidence in any trial, civil or criminal.  However, Subject to

  3  the applicable rules of evidence, a law enforcement officer at

  4  a criminal trial may testify as to any statement made to the

  5  officer by the person involved in the accident if that

  6  person's privilege against self-incrimination is not violated.

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

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

  9  confidential or privileged and shall be admissible into

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

11         (c)  Accident reports made by persons involved in a

12  crash accidents shall not be used for commercial solicitation

13  purposes; provided, however, that use of a crash an accident

14  report for purposes of publication in a newspaper or other

15  news periodical or a radio or television broadcast shall not

16  be construed as "commercial purpose."

17         Section 2.  This act shall take effect October 1, 1999.

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20                       LEGISLATIVE SUMMARY

21
      Abrogates the accident report privilege. Removes
22    provisions under which an accident report or statements
      to a law enforcement officer made by a person involved in
23    an accident are without prejudice to the person and may
      not be used as trial evidence absent exceptional
24    circumstances. Provides that results of breath, urine,
      and blood tests, made for certain purposes of determining
25    whether a person has been driving under the influence of
      alcohol or a chemical substance or controlled substance,
26    are not privileged. Prohibits use for commercial
      solicitation purposes of an accident report made by
27    persons involved in a crash. Provides for construction.

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