HB 0649CS

CHAMBER ACTION




1The Transportation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to crash reports; amending s. 316.003,
7F.S.; defining "victims services program"; amending s.
8316.066, F.S.; providing for release of crash reports by
9the Department of Highway Safety and Motor Vehicles to
10victims services programs; requiring the programs to
11maintain confidentiality; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Subsection (84) is added to section 316.003,
16Florida Statutes, to read:
17     316.003  Definitions.--The following words and phrases,
18when used in this chapter, shall have the meanings respectively
19ascribed to them in this section, except where the context
20otherwise requires:
21     (84)  VICTIMS SERVICES PROGRAM.--Any community-based
22organization whose primary purpose is to act as an advocate for
23the victims and survivors of traffic crashes and for their
24families. The victims services offered by this program may
25include grief and crisis counseling, assistance with preparing
26victims compensation claims excluding third-party legal action,
27connecting persons with other service providers, and providing
28emergency financial assistance.
29     Section 2.  Paragraph (c) of subsection (3) of section
30316.066, Florida Statutes, is amended to read:
31     316.066  Written reports of crashes.--
32     (3)
33     (c)  Crash reports required by this section which reveal
34the identity, home or employment telephone number or home or
35employment address of, or other personal information concerning
36the parties involved in the crash and which are received or
37prepared by any agency that regularly receives or prepares
38information from or concerning the parties to motor vehicle
39crashes are confidential and exempt from s. 119.07(1) and s.
4024(a), Art. I of the State Constitution for a period of 60 days
41after the date the report is filed. However, such reports may be
42made immediately available to the parties involved in the crash,
43their legal representatives, their licensed insurance agents,
44their insurers or insurers to which they have applied for
45coverage, persons under contract with such insurers to provide
46claims or underwriting information, prosecutorial authorities,
47victims services programs, radio and television stations
48licensed by the Federal Communications Commission, newspapers
49qualified to publish legal notices under ss. 50.011 and 50.031,
50and free newspapers of general circulation, published once a
51week or more often, available and of interest to the public
52generally for the dissemination of news. For the purposes of
53this section, the following products or publications are not
54newspapers as referred to in this section: those intended
55primarily for members of a particular profession or occupational
56group; those with the primary purpose of distributing
57advertising; and those with the primary purpose of publishing
58names and other personal identifying information concerning
59parties to motor vehicle crashes. Any local, state, or federal
60agency, agent, or employee that is authorized to have access to
61such reports by any provision of law shall be granted such
62access in the furtherance of the agency's statutory duties
63notwithstanding the provisions of this paragraph. Any local,
64state, or federal agency, agent, or employee or any victims
65services program receiving such crash reports shall maintain the
66confidential and exempt status of those reports and shall not
67disclose such crash reports to any person or entity. As a
68condition precedent to accessing a crash report within 60 days
69after the date the report is filed, a person must present a
70valid driver's license or other photographic identification,
71proof of status, or identification that demonstrates his or her
72qualifications to access that information, and file a written
73sworn statement with the state or local agency in possession of
74the information stating that information from a crash report
75made confidential by this section will not be used for any
76commercial solicitation of accident victims, or knowingly
77disclosed to any third party for the purpose of such
78solicitation, during the period of time that the information
79remains confidential. In lieu of requiring the written sworn
80statement, an agency may provide crash reports by electronic
81means to third-party vendors under contract with one or more
82insurers, but only when such contract states that information
83from a crash report made confidential by this section will not
84be used for any commercial solicitation of accident victims by
85the vendors, or knowingly disclosed by the vendors to any third
86party for the purpose of such solicitation, during the period of
87time that the information remains confidential, and only when a
88copy of such contract is furnished to the agency as proof of the
89vendor's claimed status. This subsection does not prevent the
90dissemination or publication of news to the general public by
91any legitimate media entitled to access confidential information
92pursuant to this section. A law enforcement officer as defined
93in s. 943.10(1) may enforce this subsection. This exemption is
94subject to the Open Government Sunset Review Act of 1995 in
95accordance with s. 119.15, and shall stand repealed on October
962, 2006, unless reviewed and saved from repeal through
97reenactment by the Legislature.
98     Section 3.  This act shall take effect upon becoming a law.


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