HOUSE AMENDMENT
                                               Bill No. CS/HB 1805
    Amendment No. 1 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Waters, Brown, and Negron offered the
12  following:
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14         Amendment (with title amendment) 
15  Remove from the bill:  Everything after the enacting clause
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17  and insert in lieu thereof:  
18         Section 1.  Paragraph (c) of subsection (3) of section
19  316.066, Florida Statutes, is amended, and paragraphs (d) and
20  (e) are added to that subsection, to read:
21         316.066  Written reports of crashes.--
22         (3)
23         (c)  Crash reports required by this section which
24  reveal the identity, home or employment telephone number or
25  home or employment address of, or other personal information
26  concerning the parties involved in the crash and which are
27  received or prepared by any agency that regularly receives or
28  prepares information from or concerning the parties to motor
29  vehicle crashes are confidential and exempt from s. 119.07(1)
30  and s. 24(a), Art. I of the State Constitution for a period of
31  60 days after the date the report is filed. However, such
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    File original & 9 copies    04/25/01                          
    hin0004                     10:38 pm         01805-0051-083751

HOUSE AMENDMENT Bill No. CS/HB 1805 Amendment No. 1 (for drafter's use only) 1 reports may be made immediately available to the parties 2 involved in the crash, their legal representatives, their 3 licensed insurance agents, their insurers or insurers to which 4 they have applied for coverage, persons under contract with 5 such insurers to provide claims or underwriting information, 6 prosecutorial authorities, radio and television stations 7 licensed by the Federal Communications Commission, newspapers 8 qualified to publish legal notices under ss. 50.011 and 9 50.031, and free newspapers of general circulation, published 10 once a week or more often, available and of interest to the 11 public generally for the dissemination of news. For the 12 purposes of this section, the following products or 13 publications are not newspapers as referred to in this 14 section: those intended primarily for members of a particular 15 profession or occupational group; those with the primary 16 purpose of distributing advertising; and those with the 17 primary purpose of publishing names and other personally 18 identifying information concerning parties to motor vehicle 19 crashes. Any state or federal agency that is authorized to 20 have access to such reports by any provision of law shall be 21 granted such access in the furtherance of the agency's 22 statutory duties notwithstanding the provisions of this 23 paragraph. Any person attempting to access crash reports 24 within 60 days after the date the report is filed must present 25 legitimate credentials or identification that demonstrates his 26 or her qualifications to access that information. This 27 exemption is subject to the Open Government Sunset Review Act 28 of 1995 in accordance with s. 119.15, and shall stand repealed 29 on October 1, 2006, unless reviewed and saved from repeal 30 through reenactment by the Legislature. Crash reports made by 31 law enforcement officers shall not be used for commercial 2 File original & 9 copies 04/25/01 hin0004 10:38 pm 01805-0051-083751
HOUSE AMENDMENT Bill No. CS/HB 1805 Amendment No. 1 (for drafter's use only) 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 (d) Any employee of a state or local agency in 6 possession of information made confidential by this section 7 who knowingly discloses such confidential information to a 8 person not entitled to access such information under this 9 section is guilty of a felony of the third degree, punishable 10 as provided in s. 775.082, s. 775.083, or s. 775.084. 11 (e) Any person, knowing that he or she is not entitled 12 to obtain information made confidential by this section, who 13 obtains or attempts to obtain such information is guilty of a 14 felony of the third degree, punishable as provided in s. 15 775.082, s. 775.083, or s. 775.084. 16 Section 2. The Legislature finds that there is a 17 public necessity that portions of crash reports which are 18 mandated to be provided by law and which reveal personal 19 information concerning parties to motor vehicle crashes be 20 held confidential and exempt for 60 days after the date the 21 report is filed to protect the privacy of persons that have 22 been the subject of a motor vehicle crash. Further, the 23 exemption is necessary to protect the public from unscrupulous 24 individuals who promote the filing of fraudulent insurance 25 claims by obtaining such information immediately after a crash 26 and exploiting the individual at a time of emotional distress. 27 The Second Interim Report of the Fifteenth Statewide Grand 28 Jury on insurance fraud related to personal injury protection 29 noted a "strong correlation between illegal solicitation and 30 the commission of a variety of frauds." The grand jury found 31 "the wholesale availability of these reports is a major 3 File original & 9 copies 04/25/01 hin0004 10:38 pm 01805-0051-083751
HOUSE AMENDMENT Bill No. CS/HB 1805 Amendment No. 1 (for drafter's use only) 1 contributing factor to this illegal activity and likely the 2 single biggest factor contributing to the high level of 3 illegal solicitation." Virtually anyone involved in a car 4 accident in the state is fair game for "runners" who collect 5 crash reports in bulk from law enforcement officials and then 6 provide the information to solicit crash victims and defraud 7 insurers. Continuing to make this information available, in 8 the words of the grand jury, "can be emotionally, physically, 9 and ultimately financially destructive." Motor vehicle 10 insurance fraud is estimated to add as much as $246 to the 11 average motor vehicle insurance policy premium. In the past 5 12 years, the Department of Insurance has received nearly 5,000 13 referrals of personal injury protection (PIP) insurance fraud 14 and has made more than 500 arrests, resulting in an 80-percent 15 conviction rate. Motor vehicle insurance fraud is fueled by 16 early access to crash reports, which provides the opportunity 17 for the filing of fraudulent insurance claims. Crash reports 18 made by law enforcement officers should not be used for 19 commercial solicitation purposes; however, the use of a crash 20 report for purposes of publication in a newspaper or other 21 news periodical or a radio or television broadcast may not be 22 construed as a "commercial purpose." The Legislature also 23 finds that crash reports should be made available to certain 24 parties, such as those persons involved in the motor vehicle 25 crash and their legal representatives, their insurers or 26 insurers to which they have applied for coverage, their 27 licensed insurance agents, persons under contract with such 28 insurers to provide claims or underwriting information, and 29 representatives of law enforcement and other regulatory 30 agencies, and prosecutorial authorities within 60 days after 31 the crash report is filed. 4 File original & 9 copies 04/25/01 hin0004 10:38 pm 01805-0051-083751
HOUSE AMENDMENT Bill No. CS/HB 1805 Amendment No. 1 (for drafter's use only) 1 Section 3. This act shall take effect upon becoming a 2 law. 3 4 5 ================ T I T L E A M E N D M E N T =============== 6 And the title is amended as follows: 7 On page 1, 8 remove from the title of the bill: The entire title 9 10 and insert in lieu thereof: 11 A bill to be entitled 12 An act relating to public records; amending s. 13 316.066, F.S.; providing an exemption from 14 public-records requirements for motor vehicle 15 crash reports that reveal specified 16 information; providing that such reports may be 17 made available to certain parties; providing 18 for future review and repeal; providing 19 penalties for the unlawful disclosure of 20 confidential information and for unlawfully 21 obtaining or attempting to obtain confidential 22 information; providing findings of public 23 necessity; providing an effective date. 24 25 26 27 28 29 30 31 5 File original & 9 copies 04/25/01 hin0004 10:38 pm 01805-0051-083751