House Bill hb0323

    Florida House of Representatives - 2002                 HB 323

        By Representative Baker






  1                      A bill to be entitled

  2         An act relating to vehicle crash reports;

  3         amending s. 316.066, F.S.; providing limited

  4         exceptions to a public records exemption for

  5         vehicle crash reports to authorize immediate

  6         disclosure of vehicle crash reports to tissue

  7         and organ donation facilitation organizations;

  8         including local agencies and agents and

  9         employees of local, state, and federal agencies

10         under provisions granting access to vehicle

11         crash reports for certain purposes under

12         certain circumstances; providing an effective

13         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 to read:

19         316.066  Written reports of crashes.--

20         (3)

21         (c)  Crash reports required by this section which

22  reveal the identity, home or employment telephone number or

23  home or employment address of, or other personal information

24  concerning the parties involved in the crash and which are

25  received or prepared by any agency that regularly receives or

26  prepares information from or concerning the parties to motor

27  vehicle crashes are confidential and exempt from s. 119.07(1)

28  and s. 24(a), Art. I of the State Constitution for a period of

29  60 days after the date the report is filed. However, such

30  reports may be made immediately available to the parties

31  involved in the crash, their legal representatives, their

                                  1

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






    Florida House of Representatives - 2002                 HB 323

    746-112-02






  1  licensed insurance agents, their insurers or insurers to which

  2  they have applied for coverage, persons under contract with

  3  such insurers to provide claims or underwriting information,

  4  public or private organizations which facilitate the donation

  5  of organs and tissue, prosecutorial authorities, radio and

  6  television stations licensed by the Federal Communications

  7  Commission, newspapers qualified to publish legal notices

  8  under ss. 50.011 and 50.031, and free newspapers of general

  9  circulation, published once a week or more often, available

10  and of interest to the public generally for the dissemination

11  of news. For the purposes of this section, the following

12  products or publications are not newspapers as referred to in

13  this section: those intended primarily for members of a

14  particular profession or occupational group; those with the

15  primary purpose of distributing advertising; and those with

16  the primary purpose of publishing names and other personally

17  identifying information concerning parties to motor vehicle

18  crashes.  Any local, state, or federal agency, agent, or

19  employee that is authorized to have access to such reports by

20  any provision of law shall be granted such access in the

21  furtherance of the agency's statutory duties notwithstanding

22  the provisions of this paragraph. Any person attempting to

23  access crash reports within 60 days after the date the report

24  is filed must present legitimate credentials or identification

25  that demonstrates his or her qualifications to access that

26  information. This exemption is subject to the Open Government

27  Sunset Review Act of 1995 in accordance with s. 119.15, and

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

29  saved from repeal through reenactment by the Legislature.

30         Section 2.  This act shall take effect upon becoming a

31  law.

                                  2

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






    Florida House of Representatives - 2002                 HB 323

    746-112-02






  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Provides limited exceptions to a public records exemption
  4    for vehicle crash reports to authorize immediate
      disclosure of vehicle crash reports to tissue and organ
  5    donation facilitation organizations and to include local
      agencies and agents and employees of local, state, and
  6    federal agencies under provisions granting access to
      vehicle crash reports, by agencies authorized to have
  7    access to such reports by law, in furtherance of the
      agencies' statutory duties.
  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3

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