Senate Bill sb1118
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Florida Senate - 2005 SB 1118
By Senator Saunders
37-624A-05
1 A bill to be entitled
2 An act relating to motor vehicle crash reports;
3 amending s. 316.066, F.S.; providing for victim
4 services programs to immediately obtain such
5 reports; providing an effective date.
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7 Be It Enacted by the Legislature of the State of Florida:
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9 Section 1. Paragraph (c) of subsection (3) of section
10 316.066, Florida Statutes, is amended to read:
11 316.066 Written reports of crashes.--
12 (3)
13 (c) Crash reports required by this section which
14 reveal the identity, home or employment telephone number or
15 home or employment address of, or other personal information
16 concerning the parties involved in the crash and which are
17 received or prepared by any agency that regularly receives or
18 prepares information from or concerning the parties to motor
19 vehicle crashes are confidential and exempt from s. 119.07(1)
20 and s. 24(a), Art. I of the State Constitution for a period of
21 60 days after the date the report is filed. However, such
22 reports may be made immediately available to the parties
23 involved in the crash, their legal representatives, their
24 licensed insurance agents, their insurers or insurers to which
25 they have applied for coverage, persons under contract with
26 such insurers to provide claims or underwriting information,
27 prosecutorial authorities, victim services programs, radio and
28 television stations licensed by the Federal Communications
29 Commission, newspapers qualified to publish legal notices
30 under ss. 50.011 and 50.031, and free newspapers of general
31 circulation, published once a week or more often, available
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Florida Senate - 2005 SB 1118
37-624A-05
1 and of interest to the public generally for the dissemination
2 of news. For the purposes of this section, the following
3 products or publications are not newspapers as referred to in
4 this section: those intended primarily for members of a
5 particular profession or occupational group; those with the
6 primary purpose of distributing advertising; and those with
7 the primary purpose of publishing names and other personal
8 identifying information concerning parties to motor vehicle
9 crashes. Any local, state, or federal agency, victim services
10 program, agent, or employee that is authorized to have access
11 to such reports by any provision of law shall be granted such
12 access in the furtherance of the agency's statutory duties
13 notwithstanding the provisions of this paragraph. Any local,
14 state, or federal agency, agent, or employee receiving such
15 crash reports shall maintain the confidential and exempt
16 status of those reports and shall not disclose such crash
17 reports to any person or entity. As a condition precedent to
18 accessing a crash report within 60 days after the date the
19 report is filed, a person must present a valid driver's
20 license or other photographic identification, proof of status,
21 or identification that demonstrates his or her qualifications
22 to access that information, and file a written sworn statement
23 with the state or local agency in possession of the
24 information stating that information from a crash report made
25 confidential by this section will not be used for any
26 commercial solicitation of accident victims, or knowingly
27 disclosed to any third party for the purpose of such
28 solicitation, during the period of time that the information
29 remains confidential. In lieu of requiring the written sworn
30 statement, an agency may provide crash reports by electronic
31 means to third-party vendors under contract with one or more
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Florida Senate - 2005 SB 1118
37-624A-05
1 insurers, but only when such contract states that information
2 from a crash report made confidential by this section will not
3 be used for any commercial solicitation of accident victims by
4 the vendors, or knowingly disclosed by the vendors to any
5 third party for the purpose of such solicitation, during the
6 period of time that the information remains confidential, and
7 only when a copy of such contract is furnished to the agency
8 as proof of the vendor's claimed status. This subsection does
9 not prevent the dissemination or publication of news to the
10 general public by any legitimate media entitled to access
11 confidential information pursuant to this section. A law
12 enforcement officer as defined in s. 943.10(1) may enforce
13 this subsection. This exemption is subject to the Open
14 Government Sunset Review Act of 1995 in accordance with s.
15 119.15, and shall stand repealed on October 2, 2006, unless
16 reviewed and saved from repeal through reenactment by the
17 Legislature.
18 Section 2. This act shall take effect July 1, 2005.
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21 SENATE SUMMARY
22 Allows victim services programs to immediately receive
copies of motor vehicle crash reports.
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