1 | Representative(s) Ryan offered the following: |
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3 | Amendment (with title amendment) |
4 | Remove lines 183 through 313, and insert: |
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6 | (b) Any employee of a state or local agency in possession |
7 | of information made confidential and exempt by this section who |
8 | knowingly discloses such confidential and exempt information to |
9 | a person not entitled to access such information under this |
10 | section is guilty of a misdemeanor felony of the first third |
11 | degree, punishable as provided in s. 775.082, or s. 775.083, or |
12 | s. 775.084. |
13 | (c)(e) Any person, knowing that he or she is not entitled |
14 | to obtain information made confidential and exempt by this |
15 | section, who obtains or attempts to obtain such information is |
16 | guilty of a misdemeanor felony of the first third degree, |
17 | punishable as provided in s. 775.082, or s. 775.083, or s. |
18 | 775.084. |
19 | (d)(f) Any person who knowingly uses confidential and |
20 | exempt information in violation of a filed written sworn |
21 | statement or contractual agreement required by this section |
22 | commits a misdemeanor felony of the first third degree, |
23 | punishable as provided in s. 775.082, or s. 775.083, or s. |
24 | 775.084. |
25 | (7)(4) Except as specified in this subsection, each crash |
26 | report made by a person involved in a crash and any statement |
27 | made by such person to a law enforcement officer for the purpose |
28 | of completing a crash report required by this section shall be |
29 | without prejudice to the individual so reporting. No such report |
30 | or statement shall be used as evidence in any trial, civil or |
31 | criminal. However, subject to the applicable rules of evidence, |
32 | a law enforcement officer at a criminal trial may testify as to |
33 | any statement made to the officer by the person involved in the |
34 | crash if that person's privilege against self-incrimination is |
35 | not violated. The results of breath, urine, and blood tests |
36 | administered as provided in s. 316.1932 or s. 316.1933 are not |
37 | confidential and shall be admissible into evidence in accordance |
38 | with the provisions of s. 316.1934(2). Crash reports made by |
39 | persons involved in crashes shall not be used for commercial |
40 | solicitation purposes; however, the use of a crash report for |
41 | purposes of publication in a newspaper or other news periodical |
42 | or a radio or television broadcast shall not be construed as |
43 | "commercial purpose." |
44 | (8) A law enforcement officer, as defined in s. 943.10(1), |
45 | may enforce this section. |
46 | (5) For purposes of this section, a written report |
47 | includes a report generated by a law enforcement agency through |
48 | the use of a computer. |
49 | (6) Any driver failing to file the written report required |
50 | under subsection (1) or subsection (2) commits a noncriminal |
51 | traffic infraction, punishable as a nonmoving violation as |
52 | provided in chapter 318. |
53 | Section 2. Paragraph (a) of subsection (1) of section |
54 | 324.051, Florida Statutes, is amended to read: |
55 | 324.051 Reports of crashes; suspensions of licenses and |
56 | registrations.-- |
57 | (1)(a) Every law enforcement officer who, in the regular |
58 | course of duty either at the time of and at the scene of the |
59 | crash or thereafter by interviewing participants or witnesses, |
60 | investigates a motor vehicle crash which he or she is required |
61 | to report pursuant to s. 316.066(3)(a) shall forward a written |
62 | report of the crash to the department within 10 days of |
63 | completing the investigation. However, when the investigation of |
64 | a crash will take more than 10 days to complete, a preliminary |
65 | copy of the crash report shall be forwarded to the department |
66 | within 10 days of the occurrence of the crash, to be followed by |
67 | a final report within 10 days after completion of the |
68 | investigation. The report shall be on a form and contain |
69 | information consistent with the requirements of s. 316.068. |
70 | Section 3. This act shall take effect October 1, 2006. |
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73 | ======= T I T L E A M E N D M E N T ======= |
74 | Remove lines 12 through 17 and insert: |
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76 | decreasing from a third degree felony to a first degree |
77 | misdemeanor the penalty for knowing disclosure by an |
78 | employee of a state or local agency of confidential and |
79 | exempt information under the act to a person not entitled |
80 | to access such information; decreasing from a third degree |
81 | felony to a first degree misdemeanor the penalty for |
82 | obtaining or attempting to obtain confidential and exempt |
83 | information under the act in knowing disregard of a lack |
84 | of entitlement to obtain such information; decreasing from |
85 | a third degree felony to a first degree misdemeanor the |
86 | penalty for knowingly using confidential and exempt |
87 | information in violation of a filed written sworn |
88 | statement or contractual agreement required under the act; |
89 | reorganizing provisions, making editorial and conforming |
90 | changes, and removing superfluous language; removing the |
91 | scheduled repeal of the exemption under the Open |
92 | Government Sunset Review Act; amending s. 324.051, F.S.; |
93 | correcting a cross-reference; providing an effective date. |