HB 0649

1
A bill to be entitled
2An act relating to crash reports; amending s. 316.066,
3F.S.; providing for release of crash reports by the
4Department of Highway Safety and Motor Vehicles to victim
5services programs; requiring the programs to maintain
6confidentiality; providing an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Paragraph (c) of subsection (3) of section
11316.066, Florida Statutes, is amended to read:
12     316.066  Written reports of crashes.--
13     (3)
14     (c)  Crash reports required by this section which reveal
15the identity, home or employment telephone number or home or
16employment address of, or other personal information concerning
17the parties involved in the crash and which are received or
18prepared by any agency that regularly receives or prepares
19information from or concerning the parties to motor vehicle
20crashes are confidential and exempt from s. 119.07(1) and s.
2124(a), Art. I of the State Constitution for a period of 60 days
22after the date the report is filed. However, such reports may be
23made immediately available to the parties involved in the crash,
24their legal representatives, their licensed insurance agents,
25their insurers or insurers to which they have applied for
26coverage, persons under contract with such insurers to provide
27claims or underwriting information, prosecutorial authorities,
28victim services programs, radio and television stations licensed
29by the Federal Communications Commission, newspapers qualified
30to publish legal notices under ss. 50.011 and 50.031, and free
31newspapers of general circulation, published once a week or more
32often, available and of interest to the public generally for the
33dissemination of news. For the purposes of this section, the
34following products or publications are not newspapers as
35referred to in this section: those intended primarily for
36members of a particular profession or occupational group; those
37with the primary purpose of distributing advertising; and those
38with the primary purpose of publishing names and other personal
39identifying information concerning parties to motor vehicle
40crashes. Any local, state, or federal agency, agent, or employee
41that is authorized to have access to such reports by any
42provision of law shall be granted such access in the furtherance
43of the agency's statutory duties notwithstanding the provisions
44of this paragraph. Any local, state, or federal agency, agent,
45or employee or any victim services program receiving such crash
46reports shall maintain the confidential and exempt status of
47those reports and shall not disclose such crash reports to any
48person or entity. As a condition precedent to accessing a crash
49report within 60 days after the date the report is filed, a
50person must present a valid driver's license or other
51photographic identification, proof of status, or identification
52that demonstrates his or her qualifications to access that
53information, and file a written sworn statement with the state
54or local agency in possession of the information stating that
55information from a crash report made confidential by this
56section will not be used for any commercial solicitation of
57accident victims, or knowingly disclosed to any third party for
58the purpose of such solicitation, during the period of time that
59the information remains confidential. In lieu of requiring the
60written sworn statement, an agency may provide crash reports by
61electronic means to third-party vendors under contract with one
62or more insurers, but only when such contract states that
63information from a crash report made confidential by this
64section will not be used for any commercial solicitation of
65accident victims by the vendors, or knowingly disclosed by the
66vendors to any third party for the purpose of such solicitation,
67during the period of time that the information remains
68confidential, and only when a copy of such contract is furnished
69to the agency as proof of the vendor's claimed status. This
70subsection does not prevent the dissemination or publication of
71news to the general public by any legitimate media entitled to
72access confidential information pursuant to this section. A law
73enforcement officer as defined in s. 943.10(1) may enforce this
74subsection. This exemption is subject to the Open Government
75Sunset Review Act of 1995 in accordance with s. 119.15, and
76shall stand repealed on October 2, 2006, unless reviewed and
77saved from repeal through reenactment by the Legislature.
78     Section 2.  This act shall take effect upon becoming a law.


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