HOUSE AMENDMENT
Bill No. HB 1805
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 The Committee on State Administration offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Paragraph (d) is added to subsection (3) of
18 section 316.066, Florida Statutes, to read:
19 316.066 Written reports of crashes.--
20 (3)
21 (d)1. Personally identifying information and any
22 insurance policy number contained in a motor vehicle crash
23 report held by the Department of Highway Safety and Motor
24 Vehicles and law enforcement agencies shall be confidential
25 and exempt from the provisions of s. 119.07(1) and s. 24(a),
26 Art. 1 of the State Constitution until 60 days after the date
27 of the crash, except as provided in this paragraph. For
28 reports requested within 60 days after a crash, the Department
29 of Highway Safety and Motor Vehicles and law enforcement
30 agencies shall redact personally identifying information and
31 any insurance policy number prior to releasing such reports to
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HOUSE AMENDMENT
Bill No. HB 1805
Amendment No. ___ (for drafter's use only)
1 persons other than those persons involved in the crash and
2 their legal representatives, their insurers, their licensed
3 insurance agents, persons under contract with insurers to
4 provide claims or underwriting information, and
5 representatives of law enforcement and other regulatory
6 agencies, prosecutorial authorities, radio and television
7 stations licensed by the Federal Communications Commission,
8 and newspapers qualified to publish legal notices under ss.
9 50.011 and 50.031 and free newspapers of general circulation,
10 published once a week or more often, available to the public
11 generally for the dissemination of news and official or other
12 notices and customarily containing information of a public
13 character or of interest or value to the residents, property
14 owners, and general public in the county where published, but
15 not including publications intended primarily for members of a
16 particular profession or occupational group or free
17 publications primarily used for distributing advertising. For
18 purposes of this section, any periodical or product the
19 primary purpose of which is to publish personally identifying
20 information of persons involved in motor vehicle crashes is
21 not a newspaper. For purposes of this paragraph, "personally
22 identifying information" means information that reveals the
23 identity of persons involved in the crash, including name,
24 home or business telephone number, address, driver's license
25 number, and vehicle license number. This paragraph is subject
26 to the Open Government Sunset Review Act of 1995 in accordance
27 with s. 119.15, and shall stand repealed on October 2, 2006,
28 unless reviewed and saved from repeal through reenactment by
29 the Legislature.
30 2. Any person in possession of personally identifying
31 information and any insurance policy number made confidential
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HOUSE AMENDMENT
Bill No. HB 1805
Amendment No. ___ (for drafter's use only)
1 and exempt by this paragraph, who knowingly discloses such
2 confidential and exempt information to a person not entitled
3 to have access to such information under this paragraph, in
4 any manner other than the distibution of news to the general
5 public by those media organizations authorized in this
6 paragraph in the ordinary course of business, commits a felony
7 of the third degree, punishable as provided in s. 775.082, s.
8 775.083, or s. 775.084.
9 3. Any person who uses falsified credentials and who
10 knowingly obtains or attempts to obtain personally identifying
11 information and any insurance policy number made confidential
12 and exempt by this paragraph and who is not entitled to have
13 access to such information under this paragraph, commits 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 it is a public
17 necessity that personally identifying information and any
18 insurance policy number contained in motor vehicle crash
19 reports be held confidential and exempt for 60 days after the
20 date of the crash as provided for in this act. The Second
21 Interim Report of the Fifteenth Statewide Grand Jury on
22 insurance fraud related to personal injury protection noted a
23 "strong correlation between illegal solicitation and the
24 commission of a variety of frauds." The grand jury found "the
25 wholesale availability of these reports is a major
26 contributing factor to this illegal activity and likely the
27 single biggest factor contributing to the high level of
28 illegal solicitation." Virtually anyone involved in a car
29 accident in the state is fair game for "runners" who collect
30 crash reports in bulk from law enforcement officials and then
31 provide the information to solicit crash victims and defraud
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HOUSE AMENDMENT
Bill No. HB 1805
Amendment No. ___ (for drafter's use only)
1 insurers. Continuing to make this information available, in
2 the words of the grand jury, "can be emotionally, physically,
3 and ultimately financially destructive." The Legislature also
4 finds that the personally identifying information and any
5 insurance policy number should be made available to certain
6 parties, such as those persons involved in the motor vehicle
7 crash and their legal representatives, their insurers, their
8 insurance agents, persons under contract with insurers to
9 provide claims or underwriting information, and
10 representatives of law enforcement and other regulatory
11 agencies, prosecutorial authorities, radio and television
12 stations licensed by the Federal Communications Commission,
13 and newspapers qualified to publish legal notices under ss.
14 50.011 and 50.031, Florida Statutes, or free newspapers of
15 general circulation, published once a week or more often,
16 available to the public generally for the dissemination of
17 news and official or other notices and customarily containing
18 information of a public character or of interest or value to
19 the residents, property owners, and general public in the
20 county where published, but not including publications
21 intended primarily for members of a particular profession or
22 occupational group or free publications primarily for
23 distributing advertising, within 60 days following the motor
24 vehicle crash.
25 Section 3. This act shall take effect upon becoming a
26 law.
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29 ================ T I T L E A M E N D M E N T ===============
30 And the title is amended as follows:
31 On page 1, lines 5 through 12,
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HOUSE AMENDMENT
Bill No. HB 1805
Amendment No. ___ (for drafter's use only)
1 remove from the title of the bill: all of said lines
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3 and insert in lieu thereof:
4 identifying information and any insurance
5 policy number contained in motor vehicle crash
6 reports for 60 days following a motor vehicle
7 crash; providing exceptions; providing for
8 future review and repeal; providing criminal
9 penalties for unlawful disclosure of
10 confidential and exempt information; providing
11 criminal penalties for unlawfully obtaining or
12 attempting to obtain confidential and exempt
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File original & 9 copies 04/12/01
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