Senate Bill sb1466
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 1466
By Senator Sanderson
31-937-01
1 A bill to be entitled
2 An act relating to public records; amending s.
3 316.066, F.S.; providing an exemption from
4 public-records requirements for motor vehicle
5 crash reports that reveal specified
6 information; providing that such reports may be
7 made available to certain parties; providing
8 for future review and repeal; providing
9 penalties for the unlawful disclosure of
10 confidential information and for unlawfully
11 obtaining or attempting to obtain confidential
12 information; providing findings of public
13 necessity; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Paragraph (c) of subsection (3) of section
18 316.066, Florida Statutes, is amended, and paragraphs (d) and
19 (e) are added to that subsection, to read:
20 316.066 Written reports of crashes.--
21 (3)
22 (c) Crash reports required by this section which
23 reveal the identity, home or employment telephone number or
24 home or employment address of, or other personal information
25 concerning, the parties involved in the crash and which are
26 received or prepared by any agency that regularly receives or
27 prepares information from or concerning the parties to motor
28 vehicle crashes are confidential and exempt from s. 119.07(1)
29 and s. 24(a), Art.I of the State Constitution for a period of
30 30 days. However, such reports may be made available to the
31 parties to the crash, their designated representatives, a
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 1466
31-937-01
1 radio or television station licensed by the Federal
2 Communications Commission, or a professional journalist as
3 defined in s. 90.5015. For the purposes of this section, an
4 individual who publishes or is in any capacity employed by or
5 an independent contractor for one who publishes any product
6 the primary purpose of which is to provide names of and other
7 personal information concerning parties to motor vehicle
8 crashes is not a professional journalist as defined in s.
9 90.5015. Any state or federal agency that is authorized to
10 have access to such reports by any provision of law shall be
11 granted such access in the furtherance of the agency's
12 statutory duties, notwithstanding the provisions of this
13 paragraph. This exemption is subject to the Open Government
14 Sunset Review Act of 1995 in accordance with s. 119.15, and
15 shall stand repealed on October 1, 2006, unless reviewed and
16 saved from repeal through reenactment by the Legislature.
17 Crash reports made by law enforcement officers shall not be
18 used for commercial solicitation purposes; however, the use of
19 a crash report for purposes of publication in a newspaper or
20 other news periodical or a radio or television broadcast shall
21 not be construed as "commercial purpose."
22 (d) Any employee of a state or local agency in
23 possession of information made confidential by this section
24 who knowingly discloses such confidential information to a
25 person not entitled to access such information under this
26 section is guilty of a misdemeanor of the first degree,
27 punishable as provided in s. 775.082 or s. 775.083.
28 (e) Any person who obtains or attempts to obtain
29 information made confidential by this section who is not
30 entitled to access such information under this section is
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 1466
31-937-01
1 guilty of a misdemeanor of the first degree, punishable as
2 provided in s. 775.082 or s. 775.083.
3 Section 2. The Legislature finds that there is a
4 public necessity that portions of crash reports that are
5 mandated to be provided by law which reveal personal
6 information concerning parties to motor vehicle crashes be
7 withheld from public inspection or disclosure to protect the
8 privacy of persons that have been the subject of a motor
9 vehicle crash. Further, the exemption is necessary to protect
10 the public from unscrupulous individuals who promote the
11 filing of fraudulent insurance claims by obtaining such
12 information immediately after a crash and exploiting the
13 individual at a time of emotional distress. Crash reports made
14 by law enforcement officers should not be used for commercial
15 solicitation purposes; however, the use of a crash report for
16 purposes of publication in a newspaper or other news
17 periodical or a radio or television broadcast may not be
18 construed as a "commercial purpose." Motor vehicle insurance
19 fraud is estimated to add as much as $246 to the average motor
20 vehicle insurance policy premium. In the past 5 years, the
21 Department of Insurance has received nearly 5,000 referrals of
22 personal injury protection (PIP) insurance fraud and has made
23 more than 500 arrests, resulting in an 80 percent conviction
24 rate. Motor vehicle insurance fraud is fueled by early access
25 to crash reports, which provides the opportunity for the
26 filing of fraudulent insurance claims.
27 Section 3. This act shall take effect upon becoming a
28 law.
29
30
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 1466
31-937-01
1 *****************************************
2 SENATE SUMMARY
3 Provides an exemption from public records requirements
for motor vehicle crash reports that reveal certain
4 information. Allows such reports to be made available to
specified parties. Provides that a person who unlawfully
5 discloses confidential information is guilty of a first
degree misdemeanor. Provides that a person who obtains or
6 attempts to obtain confidential information is guilty of
a first degree misdemeanor. Provides for future review
7 and repeal. Provides findings of public necessity.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
4
CODING: Words stricken are deletions; words underlined are additions.