House Bill hb1805c1

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    Florida House of Representatives - 2001             CS/HB 1805

        By the Council for Competitive Commerce and Committee on
    Insurance and Representatives Waters, Brown, Negron, Wiles,
    Simmons, Fields, Sobel, Ross, Clarke, Melvin, McGriff,
    Berfield, Kallinger and Lee



  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 personally

  5         identifying information and any insurance

  6         policy number contained in motor vehicle crash

  7         reports for 60 days following a motor vehicle

  8         crash; providing exceptions; providing for

  9         future review and repeal; providing criminal

10         penalties for unlawful disclosure of

11         confidential and exempt information; providing

12         criminal penalties for unlawfully obtaining or

13         attempting to obtain confidential and exempt

14         information; providing a finding of public

15         necessity; providing an effective date.

16

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

18

19         Section 1.  Paragraph (d) is added to subsection (3) of

20  section 316.066, Florida Statutes, to read:

21         316.066  Written reports of crashes.--

22         (3)

23         (d)1.  Personally identifying information and any

24  insurance policy number contained in a motor vehicle crash

25  report held by the Department of Highway Safety and Motor

26  Vehicles and law enforcement agencies shall be confidential

27  and exempt from the provisions of s. 119.07(1) and s. 24(a),

28  Art. I of the State Constitution until 60 days after the date

29  of the crash, except as provided in this paragraph. For

30  reports requested within 60 days after a crash, the Department

31  of Highway Safety and Motor Vehicles and law enforcement

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    Florida House of Representatives - 2001             CS/HB 1805

    402-120-01






  1  agencies shall redact personally identifying information and

  2  any insurance policy number prior to releasing such reports to

  3  persons other than those persons involved in the crash and

  4  their legal representatives, their insurers, their licensed

  5  insurance agents, persons under contract with insurers to

  6  provide claims or underwriting information, and

  7  representatives of law enforcement and other regulatory

  8  agencies, prosecutorial authorities, radio and television

  9  stations licensed by the Federal Communications Commission,

10  and newspapers qualified to publish legal notices under ss.

11  50.011 and 50.031 and free newspapers of general circulation,

12  published once a week or more often, available to the public

13  generally for the dissemination of news and official or other

14  notices and customarily containing information of a public

15  character or of interest or value to the residents, property

16  owners, and general public in the county where published, but

17  not including publications intended primarily for members of a

18  particular profession or occupational group or free

19  publications primarily used for distributing advertising. For

20  purposes of this section, any periodical or product the

21  primary purpose of which is to publish personally identifying

22  information of persons involved in motor vehicle crashes is

23  not a newspaper. For purposes of this paragraph, "personally

24  identifying information" means information that reveals the

25  identity of persons involved in the crash, including name,

26  home or business telephone number, address, insurance policy

27  information, driver's license number, and vehicle license

28  number. This paragraph is subject to the Open Government

29  Sunshine Review Act of 1995 in accordance with s. 119.15, and

30  shall stand repealed on October 2, 2006, unless reviewed and

31  saved from repeal through reenactment by the Legislature.

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    Florida House of Representatives - 2001             CS/HB 1805

    402-120-01






  1         2.  Any person in possession of personally identifying

  2  information and any insurance policy number made confidential

  3  by this paragraph, who knowingly discloses such confidential

  4  information to a person not entitled to have access to such

  5  information under this paragraph, in any manner other than the

  6  distribution of news to the general public by those media

  7  organizations authorized in this paragraph in the ordinary

  8  course of business, commits a felony of the third degree,

  9  punishable as provided in s. 775.082, s. 775.083, or s.

10  775.084.

11         3.  Any person who uses falsified credentials and who

12  knowingly obtains or attempts to obtain personally identifying

13  information and any insurance policy number made confidential

14  by this paragraph and who is not entitled to have access to

15  such information under this paragraph, commits a felony of the

16  third degree, punishable as provided in s. 775.082, s.

17  775.083, or s. 775.084.

18         Section 2.  The Legislature finds that it is a public

19  necessity that personally identifying information and any

20  insurance policy number contained in motor vehicle crash

21  reports be held confidential and exempt for 60 days after the

22  date of the crash as provided for in this act.  The Second

23  Interim Report of the Fifteenth Statewide Grand Jury on

24  insurance fraud related to personal injury protection noted a

25  "strong correlation between illegal solicitation and the

26  commission of a variety of frauds."  The grand jury found "the

27  wholesale availability of these reports is a major

28  contributing factor to this illegal activity and likely the

29  single biggest factor contributing to the high level of

30  illegal solicitation."  Virtually anyone involved in a car

31  accident in the state is fair game for "runners" who collect

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    Florida House of Representatives - 2001             CS/HB 1805

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  1  crash reports in bulk from law enforcement officials and then

  2  provide the information to solicit crash victims and defraud

  3  insurers. Continuing to make this information available, in

  4  the words of the grand jury, "can be emotionally, physically,

  5  and ultimately financially destructive." The Legislature also

  6  finds that the personally identifying information and any

  7  insurance policy number should be made available to certain

  8  parties, such as those persons involved in the motor vehicle

  9  crash and their legal representatives, their insurers, their

10  insurance agents, persons under contract with insurers to

11  provide claims or underwriting information, and

12  representatives of law enforcement and other regulatory

13  agencies, prosecutorial authorities, radio and television

14  stations licensed by the Federal Communications Commission,

15  and newspapers qualified to publish legal notices under ss.

16  50.011 and 50.031, Florida Statutes, or free newspapers of

17  general circulation, published once a week or more often,

18  available to the public generally for the dissemination of

19  news and official or other notices and customarily containing

20  information of a public character or of interest or value to

21  the residents, property owners, and general public in the

22  county where published, but not including publications

23  intended primarily for members of a particular profession or

24  occupational group or free publications primarily used for

25  distributing advertising, within 60 days following the motor

26  vehicle crash.

27         Section 3.  This act shall take effect upon becoming a

28  law.

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