House Bill hb0323c1

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    Florida House of Representatives - 2002              CS/HB 323

        By the Committee on State Administration and
    Representative Baker





  1                      A bill to be entitled

  2         An act relating to vehicle crash reports;

  3         amending s. 316.066, F.S.; including local

  4         agencies and agents and employees of local,

  5         state, and federal agencies under provisions

  6         granting access to vehicle crash reports for

  7         certain purposes under certain circumstances;

  8         requiring local, state, and federal agencies,

  9         agents, and employees to maintain the

10         confidential and exempt status of such reports;

11         providing an effective date.

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

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15         Section 1.  Paragraph (c) of subsection (3) of section

16  316.066, Florida Statutes, is amended to read:

17         316.066  Written reports of crashes.--

18         (3)

19         (c)  Crash reports required by this section which

20  reveal the identity, home or employment telephone number or

21  home or employment address of, or other personal information

22  concerning the parties involved in the crash and which are

23  received or prepared by any agency that regularly receives or

24  prepares information from or concerning the parties to motor

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

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

27  60 days after the date the report is filed. However, such

28  reports may be made immediately available to the parties

29  involved in the crash, their legal representatives, their

30  licensed insurance agents, their insurers or insurers to which

31  they have applied for coverage, persons under contract with

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    Florida House of Representatives - 2002              CS/HB 323

    688-194-02






  1  such insurers to provide claims or underwriting information,

  2  prosecutorial authorities, radio and television stations

  3  licensed by the Federal Communications Commission, newspapers

  4  qualified to publish legal notices under ss. 50.011 and

  5  50.031, and free newspapers of general circulation, published

  6  once a week or more often, available and of interest to the

  7  public generally for the dissemination of news. For the

  8  purposes of this section, the following products or

  9  publications are not newspapers as referred to in this

10  section: those intended primarily for members of a particular

11  profession or occupational group; those with the primary

12  purpose of distributing advertising; and those with the

13  primary purpose of publishing names and other personally

14  identifying information concerning parties to motor vehicle

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

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

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

18  furtherance of the agency's statutory duties notwithstanding

19  the provisions of this paragraph. Any local, state, or federal

20  agency, agent, or employee receiving such crash reports shall

21  maintain the confidential and exempt status of those reports,

22  and shall not disclose such crash reports to any person or

23  entity. Any person attempting to access crash reports within

24  60 days after the date the report is filed must present

25  legitimate credentials or identification that demonstrates his

26  or her qualifications to access that information. This

27  exemption is subject to the Open Government Sunset Review Act

28  of 1995 in accordance with s. 119.15, and shall stand repealed

29  on October 2, 2006, unless reviewed and saved from repeal

30  through reenactment by the Legislature.

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    Florida House of Representatives - 2002              CS/HB 323

    688-194-02






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

  2  law.

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