House Bill hb1805e1
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CS/HB 1805, First Engrossed
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.
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15 Be It Enacted by the Legislature of the State of Florida:
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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 60 days after the date the report is filed. However, such
31 reports may be made immediately available to the parties
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CS/HB 1805, First Engrossed
1 involved in the crash, their legal representatives, their
2 licensed insurance agents, their insurers or insurers to which
3 they have applied for coverage, persons under contract with
4 such insurers to provide claims or underwriting information,
5 prosecutorial authorities, radio and television stations
6 licensed by the Federal Communications Commission, newspapers
7 qualified to publish legal notices under ss. 50.011 and
8 50.031, and free newspapers of general circulation, published
9 once a week or more often, available and of interest to the
10 public generally for the dissemination of news. For the
11 purposes of this section, the following products or
12 publications are not newspapers as referred to in this
13 section: those intended primarily for members of a particular
14 profession or occupational group; those with the primary
15 purpose of distributing advertising; and those with the
16 primary purpose of publishing names and other personally
17 identifying information concerning parties to motor vehicle
18 crashes. Any state or federal agency that is authorized to
19 have access to such reports by any provision of law shall be
20 granted such access in the furtherance of the agency's
21 statutory duties notwithstanding the provisions of this
22 paragraph. Any person attempting to access crash reports
23 within 60 days after the date the report is filed must present
24 legitimate credentials or identification that demonstrates his
25 or her qualifications to access that information. This
26 exemption is subject to the Open Government Sunset Review Act
27 of 1995 in accordance with s. 119.15, and shall stand repealed
28 on October 2, 2006, unless reviewed and saved from repeal
29 through reenactment by the Legislature. Crash reports made by
30 law enforcement officers shall not be used for commercial
31 solicitation purposes; however, the use of a crash report for
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CS/HB 1805, First Engrossed
1 purposes of publication in a newspaper or other news
2 periodical or a radio or television broadcast shall not be
3 construed as "commercial purpose."
4 (d) Any employee of a state or local agency in
5 possession of information made confidential by this section
6 who knowingly discloses such confidential information to a
7 person not entitled to access such information under this
8 section is guilty of a felony of the third degree, punishable
9 as provided in s. 775.082, s. 775.083, or s. 775.084.
10 (e) Any person, knowing that he or she is not entitled
11 to obtain information made confidential by this section, who
12 obtains or attempts to obtain such information is guilty of a
13 felony of the third degree, punishable as provided in s.
14 775.082, s. 775.083, or s. 775.084.
15 Section 2. The Legislature finds that there is a
16 public necessity that portions of crash reports which are
17 mandated to be provided by law and which reveal personal
18 information concerning parties to motor vehicle crashes be
19 held confidential and exempt for 60 days after the date the
20 report is filed to protect the privacy of persons that have
21 been the subject of a motor vehicle crash. Further, the
22 exemption is necessary to protect the public from unscrupulous
23 individuals who promote the filing of fraudulent insurance
24 claims by obtaining such information immediately after a crash
25 and exploiting the individual at a time of emotional distress.
26 The Second Interim Report of the Fifteenth Statewide Grand
27 Jury on insurance fraud related to personal injury protection
28 noted a "strong correlation between illegal solicitation and
29 the commission of a variety of frauds." The grand jury found
30 "the wholesale availability of these reports is a major
31 contributing factor to this illegal activity and likely the
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CS/HB 1805, First Engrossed
1 single biggest factor contributing to the high level of
2 illegal solicitation." Virtually anyone involved in a car
3 accident in the state is fair game for "runners" who collect
4 crash reports in bulk from law enforcement officials and then
5 provide the information to solicit crash victims and defraud
6 insurers. Continuing to make this information available, in
7 the words of the grand jury, "can be emotionally, physically,
8 and ultimately financially destructive." Motor vehicle
9 insurance fraud is estimated to add as much as $246 to the
10 average motor vehicle insurance policy premium. In the past 5
11 years, the Department of Insurance has received nearly 5,000
12 referrals of personal injury protection (PIP) insurance fraud
13 and has made more than 500 arrests, resulting in an 80-percent
14 conviction rate. Motor vehicle insurance fraud is fueled by
15 early access to crash reports, which provides the opportunity
16 for the filing of fraudulent insurance claims. Crash reports
17 made by law enforcement officers should not be used for
18 commercial solicitation purposes; however, the use of a crash
19 report for purposes of publication in a newspaper or other
20 news periodical or a radio or television broadcast may not be
21 construed as a "commercial purpose." The Legislature also
22 finds that crash reports should be made available to certain
23 parties, such as those persons involved in the motor vehicle
24 crash and their legal representatives, their insurers or
25 insurers to which they have applied for coverage, their
26 licensed insurance agents, persons under contract with such
27 insurers to provide claims or underwriting information, and
28 representatives of law enforcement and other regulatory
29 agencies, and prosecutorial authorities within 60 days after
30 the crash report is filed.
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CS/HB 1805, First Engrossed
1 Section 3. This act shall take effect upon becoming a
2 law.
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