1 | A bill to be entitled |
2 | An act relating to crash reports; amending s. 316.066, |
3 | F.S.; providing for release of crash reports by the |
4 | Department of Highway Safety and Motor Vehicles to victim |
5 | services programs; requiring the programs to maintain |
6 | confidentiality; providing an effective date. |
7 |
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8 | Be It Enacted by the Legislature of the State of Florida: |
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10 | Section 1. Paragraph (c) of subsection (3) of section |
11 | 316.066, 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 |
15 | the identity, home or employment telephone number or home or |
16 | employment address of, or other personal information concerning |
17 | the parties involved in the crash and which are received or |
18 | prepared by any agency that regularly receives or prepares |
19 | information from or concerning the parties to motor vehicle |
20 | crashes are confidential and exempt from s. 119.07(1) and s. |
21 | 24(a), Art. I of the State Constitution for a period of 60 days |
22 | after the date the report is filed. However, such reports may be |
23 | made immediately available to the parties involved in the crash, |
24 | their legal representatives, their licensed insurance agents, |
25 | their insurers or insurers to which they have applied for |
26 | coverage, persons under contract with such insurers to provide |
27 | claims or underwriting information, prosecutorial authorities, |
28 | victim services programs, radio and television stations licensed |
29 | by the Federal Communications Commission, newspapers qualified |
30 | to publish legal notices under ss. 50.011 and 50.031, and free |
31 | newspapers of general circulation, published once a week or more |
32 | often, available and of interest to the public generally for the |
33 | dissemination of news. For the purposes of this section, the |
34 | following products or publications are not newspapers as |
35 | referred to in this section: those intended primarily for |
36 | members of a particular profession or occupational group; those |
37 | with the primary purpose of distributing advertising; and those |
38 | with the primary purpose of publishing names and other personal |
39 | identifying information concerning parties to motor vehicle |
40 | crashes. Any local, state, or federal agency, agent, or employee |
41 | that is authorized to have access to such reports by any |
42 | provision of law shall be granted such access in the furtherance |
43 | of the agency's statutory duties notwithstanding the provisions |
44 | of this paragraph. Any local, state, or federal agency, agent, |
45 | or employee or any victim services program receiving such crash |
46 | reports shall maintain the confidential and exempt status of |
47 | those reports and shall not disclose such crash reports to any |
48 | person or entity. As a condition precedent to accessing a crash |
49 | report within 60 days after the date the report is filed, a |
50 | person must present a valid driver's license or other |
51 | photographic identification, proof of status, or identification |
52 | that demonstrates his or her qualifications to access that |
53 | information, and file a written sworn statement with the state |
54 | or local agency in possession of the information stating that |
55 | information from a crash report made confidential by this |
56 | section will not be used for any commercial solicitation of |
57 | accident victims, or knowingly disclosed to any third party for |
58 | the purpose of such solicitation, during the period of time that |
59 | the information remains confidential. In lieu of requiring the |
60 | written sworn statement, an agency may provide crash reports by |
61 | electronic means to third-party vendors under contract with one |
62 | or more insurers, but only when such contract states that |
63 | information from a crash report made confidential by this |
64 | section will not be used for any commercial solicitation of |
65 | accident victims by the vendors, or knowingly disclosed by the |
66 | vendors to any third party for the purpose of such solicitation, |
67 | during the period of time that the information remains |
68 | confidential, and only when a copy of such contract is furnished |
69 | to the agency as proof of the vendor's claimed status. This |
70 | subsection does not prevent the dissemination or publication of |
71 | news to the general public by any legitimate media entitled to |
72 | access confidential information pursuant to this section. A law |
73 | enforcement officer as defined in s. 943.10(1) may enforce this |
74 | subsection. This exemption is subject to the Open Government |
75 | Sunset Review Act of 1995 in accordance with s. 119.15, and |
76 | shall stand repealed on October 2, 2006, unless reviewed and |
77 | saved from repeal through reenactment by the Legislature. |
78 | Section 2. This act shall take effect upon becoming a law. |