Senate Bill sb2116

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    Florida Senate - 2006                                  SB 2116

    By the Committee on Banking and Insurance





    597-1591A-06

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         316.003, F.S.; revising the definition of

  4         "victim services programs" to include only

  5         organizations that are qualified for nonprofit

  6         status under s. 501(c)(3) of the United States

  7         Internal Revenue Code and have a valid

  8         consumer's certificate of exemption issued to

  9         the organization by the Department of Revenue;

10         amending s. 316.066, F.S.; creating a

11         public-records exemption for uniform traffic

12         citations related to a motor vehicle crash;

13         providing that such citations be made

14         immediately available to certain parties;

15         requiring that a victim services program meet

16         the definition contained in ch. 316, F.S., in

17         order to have immediate access to a crash

18         report or uniform traffic citation; providing

19         for the future review and repeal of the

20         exemption under the Open Government Sunset

21         Review Act; providing a statement of public

22         necessity; providing an effective date.

23  

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

25  

26         Section 1.  Subsection (85) of section 316.003, Florida

27  Statutes, is amended to read:

28         316.003  Definitions.--The following words and phrases,

29  when used in this chapter, shall have the meanings

30  respectively ascribed to them in this section, except where

31  the context otherwise requires:

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    Florida Senate - 2006                                  SB 2116
    597-1591A-06




 1         (85)  VICTIM SERVICES PROGRAM PROGRAMS.--Any

 2  community-based organization whose primary purpose is to act

 3  as an advocate for the victims and survivors of traffic

 4  crashes and for their families on a statewide basis. The

 5  victims services offered by these programs may include grief

 6  and crisis counseling, assistance with preparing victim

 7  compensation claims excluding third-party legal action, or

 8  connecting persons with other service providers, and providing

 9  emergency financial assistance. The community-based

10  organization must be qualified for nonprofit status under the

11  provisions of s. 501(c)(3) of the United States Internal

12  Review Code and have a valid consumer's certificate of

13  exemption issued to the organization by the Department of

14  Revenue.

15         Section 2.  Subsection (3) of section 316.066, Florida

16  Statutes, is amended to read:

17         316.066  Written reports of crashes.--

18         (3)(a)  Every law enforcement officer who in the

19  regular course of duty investigates a motor vehicle crash:

20         1.  Which crash resulted in death or personal injury

21  shall, within 10 days after completing the investigation,

22  forward a written report of the crash to the department or

23  traffic records center.

24         2.  Which crash involved a violation of s. 316.061(1)

25  or s. 316.193 shall, within 10 days after completing the

26  investigation, forward a written report of the crash to the

27  department or traffic records center.

28         3.  In which crash a vehicle was rendered inoperative

29  to a degree which required a wrecker to remove it from traffic

30  may, within 10 days after completing the investigation,

31  forward a written report of the crash to the department or

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    Florida Senate - 2006                                  SB 2116
    597-1591A-06




 1  traffic records center if such action is appropriate, in the

 2  officer's discretion.

 3  

 4  However, in every case in which a crash report is required by

 5  this section and a written report to a law enforcement officer

 6  is not prepared, the law enforcement officer shall provide

 7  each party involved in the crash a short-form report,

 8  prescribed by the state, to be completed by the party. The

 9  short-form report must include, but is not limited to: the

10  date, time, and location of the crash; a description of the

11  vehicles involved; the names and addresses of the parties

12  involved; the names and addresses of witnesses; the name,

13  badge number, and law enforcement agency of the officer

14  investigating the crash; and the names of the insurance

15  companies for the respective parties involved in the crash.

16  Each party to the crash shall provide the law enforcement

17  officer with proof of insurance to be included in the crash

18  report. If a law enforcement officer submits a report on the

19  accident, proof of insurance must be provided to the officer

20  by each party involved in the crash. Any party who fails to

21  provide the required information is guilty of an infraction

22  for a nonmoving violation, punishable as provided in chapter

23  318 unless the officer determines that due to injuries or

24  other special circumstances such insurance information cannot

25  be provided immediately. If the person provides the law

26  enforcement agency, within 24 hours after the crash, proof of

27  insurance that was valid at the time of the crash, the law

28  enforcement agency may void the citation.

29         (b)  One or more counties may enter into an agreement

30  with the appropriate state agency to be certified by the

31  agency to have a traffic records center for the purpose of

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    Florida Senate - 2006                                  SB 2116
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 1  tabulating and analyzing countywide traffic crash reports. The

 2  agreement must include: certification by the agency that the

 3  center has adequate auditing and monitoring mechanisms in

 4  place to ensure the quality and accuracy of the data; the time

 5  period in which the traffic records center must report crash

 6  data to the agency; and the medium in which the traffic

 7  records must be submitted to the agency. In the case of a

 8  county or multicounty area that has a certified central

 9  traffic records center, a law enforcement agency or driver

10  must submit to the center within the time limit prescribed in

11  this section a written report of the crash. A driver who is

12  required to file a crash report must be notified of the proper

13  place to submit the completed report. Fees for copies of

14  public records provided by a certified traffic records center

15  shall be charged and collected as follows:

16  

17         For a crash report.........................$2 per copy.

18         For a homicide report.....................$25 per copy.

19         For a uniform traffic citation..........$0.50 per copy.

20  

21  The fees collected for copies of the public records provided

22  by a certified traffic records center shall be used to fund

23  the center or otherwise as designated by the county or

24  counties participating in the center.

25         (c)  Crash reports required by this section and the

26  uniform traffic citations (HSMV75901) associated with such

27  crashes and crash investigations which reveal the identity,

28  home or employment telephone number or home or employment

29  address of, or other personal information concerning the

30  parties involved in the crash and which are received or

31  prepared by any agency that regularly receives or prepares

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    Florida Senate - 2006                                  SB 2116
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 1  information from or concerning the parties to motor vehicle

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

 3  24(a), Art. I of the State Constitution for a period of 60

 4  days after the date the report is filed. However, such reports

 5  and citations may be made immediately available to the parties

 6  involved in the crash, their legal representatives, their

 7  licensed insurance agents, their insurers or insurers to which

 8  they have applied for coverage, persons under contract with

 9  such insurers to provide claims or underwriting information,

10  prosecutorial authorities, victim services programs as defined

11  in s. 316.003, radio and television stations licensed by the

12  Federal Communications Commission, newspapers qualified to

13  publish legal notices under ss. 50.011 and 50.031, and free

14  newspapers of general circulation, published once a week or

15  more often, available and of interest to the public generally

16  for the dissemination of news. For the purposes of this

17  section, the following products or publications are not

18  newspapers as referred to in this section: those intended

19  primarily for members of a particular profession or

20  occupational group; those with the primary purpose of

21  distributing advertising; and those with the primary purpose

22  of publishing names and other personal identifying information

23  concerning parties to motor vehicle crashes. Any local, state,

24  or federal agency, victim services program as defined in s.

25  316.003, agent, or employee that is authorized to have access

26  to such reports and citations by any provision of law shall be

27  granted such access in the furtherance of the agency's

28  statutory duties notwithstanding the provisions of this

29  paragraph. Any local, state, or federal agency, agent, or

30  employee receiving such crash reports and uniform traffic

31  citations shall maintain the confidential and exempt status of

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    Florida Senate - 2006                                  SB 2116
    597-1591A-06




 1  those reports and citations and shall not disclose such crash

 2  reports or uniform traffic citations to any person or entity.

 3  As a condition precedent to accessing a crash report or

 4  uniform traffic citation within 60 days after the date the

 5  report is filed, a person must present a valid driver's

 6  license or other photographic identification, proof of status,

 7  or identification that demonstrates his or her qualifications

 8  to access that information, and file a written sworn statement

 9  with the state or local agency in possession of the

10  information stating that information from a crash report or

11  uniform traffic citation made confidential by this section

12  will not be used for any commercial solicitation of accident

13  victims, or knowingly disclosed to any third party for the

14  purpose of such solicitation, during the period of time that

15  the information remains confidential. In lieu of requiring the

16  written sworn statement, an agency may provide crash reports

17  or uniform traffic citations by electronic means to

18  third-party vendors under contract with one or more insurers,

19  but only when such contract states that information from a

20  crash report or uniform traffic citation made confidential by

21  this section will not be used for any commercial solicitation

22  of accident victims by the vendors, or knowingly disclosed by

23  the vendors to any third party for the purpose of such

24  solicitation, during the period of time that the information

25  remains confidential, and only when a copy of such contract is

26  furnished to the agency as proof of the vendor's claimed

27  status. This subsection does not prevent the dissemination or

28  publication of news to the general public by any legitimate

29  media entitled to access confidential information pursuant to

30  this section. A law enforcement officer as defined in s.

31  943.10(1) may enforce this subsection. This exemption is

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    Florida Senate - 2006                                  SB 2116
    597-1591A-06




 1  subject to the Open Government Sunset Review Act of 1995 in

 2  accordance with s. 119.15, and shall stand repealed on October

 3  2, 2011 2006, unless reviewed and saved from repeal through

 4  reenactment by the Legislature.

 5         (d)  Any employee of a state or local agency in

 6  possession of information made confidential by this section

 7  who knowingly discloses such confidential information to a

 8  person not entitled to access such information under this

 9  section is guilty of a felony of the third degree, punishable

10  as provided in s. 775.082, s. 775.083, or s. 775.084.

11         (e)  Any person, knowing that he or she is not entitled

12  to obtain information made confidential by this section, who

13  obtains or attempts to obtain such information is guilty of a

14  felony of the third degree, punishable as provided in s.

15  775.082, s. 775.083, or s. 775.084.

16         (f)  Any person who knowingly uses confidential

17  information in violation of a filed written sworn statement or

18  contractual agreement required by this section commits a

19  felony of the third degree, punishable as provided in s.

20  775.082, s. 775.083, or s. 775.084.

21         Section 3.  The Legislature finds that there is a

22  public necessity that uniform traffic citations and portions

23  of crash reports which are mandated to be provided by law

24  immediately to certain parties as specified in s. 316.066,

25  Florida Statutes, be held confidential and exempt for 60 days

26  after the date the report or citation is filed to protect the

27  privacy of persons that have been the subject of a motor

28  vehicle crash report. Further, the exemption is necessary to

29  protect the public from unscrupulous individuals who promote

30  the filing of fraudulent insurance claims by obtaining such

31  information immediately after a crash and exploiting a crash

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    Florida Senate - 2006                                  SB 2116
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 1  victim at a time of emotional distress. The Second Interim

 2  Report of the Fifteenth Statewide Grand Jury on insurance

 3  fraud related to personal injury protection noted a "strong

 4  correlation" between illegal solicitation and the commission

 5  of a variety of frauds. The grand jury found "the wholesale

 6  availability of these reports is a major contributing factor

 7  to this illegal activity and likely the single biggest factor

 8  contributing to the high level of illegal solicitation."

 9  Virtually anyone involved in a car accident in the state is

10  fair game for "runners" who collect crash reports within the

11  60-day public-records-exemption period under false pretenses

12  from law enforcement officials and then provide the

13  information to solicit crash victims and defraud insurers.

14  Continuing to make this information available, in the words of

15  the grand jury, "can be emotionally, physically, and

16  ultimately financially destructive." The 2003 Senate Select

17  Committee on Automobile Insurance/PIP Reform found that

18  despite reforms enacted in 1998 and 2001, fraud continues to

19  permeate the PIP insurance market in Florida. Referrals to the

20  Division of Insurance Fraud for personal injury protection

21  fraud increased over 400 percent from 2002-2003 to 2004-2005.

22  Motor vehicle insurance fraud is fueled by early access to

23  crash reports and uniform traffic citations, which provides

24  the opportunity for the filing of fraudulent insurance claims.

25  Crash reports and uniform traffic citations made by law

26  enforcement officers should not be used for commercial

27  solicitation purposes. However, the use of a crash report by a

28  victim services program that is qualified for nonprofit status

29  under s. 501(c)(3) of the Internal Revenue Code and has a

30  valid certificate of exemption which was issued to the program

31  by the Department of Revenue and acts as an advocate for the

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    Florida Senate - 2006                                  SB 2116
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 1  victims and survivors of traffic crashes and their families

 2  may not be construed as a "commercial purpose." Such programs

 3  act as an advocate for the victims and survivors of traffic

 4  crashes and their families by providing services such as grief

 5  and crisis counseling, assistance with preparing victim

 6  compensation claims excluding third-party legal action,

 7  connecting persons with other service providers, and providing

 8  emergency financial assistance. The Legislature finds that

 9  crash reports should be made immediately available to

10  nonprofit victim services programs. The Legislature also finds

11  that uniform traffic citations should be made immediately

12  available to certain parties, such as those persons involved

13  in the motor vehicle crash and their legal representatives,

14  their insurers or insurers to which they have applied for

15  coverage, their licensed insurance agents, persons under

16  contract with such insurers to provide claims or underwriting

17  information, victim services programs, and representatives of

18  law enforcement agencies and other regulatory agencies, and

19  prosecutorial authorities within 60 days after the crash

20  report is filed.

21         Section 4.  This act shall take effect upon becoming a

22  law.

23  

24            *****************************************

25                          SENATE SUMMARY

26    Redefines the term "victim services program" to require
      that such a program provide services statewide and be a
27    nonprofit organization that holds a consumer's
      certificate of exemption from the Department of Revenue.
28    Revises an exemption from public-records requirements so
      that immediate access to crash reports or uniform traffic
29    citations by victim services programs is limited to those
      that qualify as nonprofit organizations. Provides for
30    repeal and future legislative review of the exemption.

31  

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