House Bill hb1805er

CODING: Words stricken are deletions; words underlined are additions.


    ENROLLED

    2001 Legislature                   CS/HB 1805, First Engrossed



  1                                 

  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  60 days after the date the report is filed. However, such

31  reports may be made immediately available to the parties


                                  1

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                   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


                                  2

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                   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


                                  3

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                   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.

31  


                                  4

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature                   CS/HB 1805, First Engrossed



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

  2  law.

  3  

  4  

  5  

  6  

  7  

  8  

  9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  5

CODING: Words stricken are deletions; words underlined are additions.