Amendment
Bill No. 7035
Amendment No. 349745
CHAMBER ACTION
Senate House
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1Representative(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
7of information made confidential and exempt by this section who
8knowingly discloses such confidential and exempt information to
9a person not entitled to access such information under this
10section is guilty of a misdemeanor felony of the first third
11degree, punishable as provided in s. 775.082, or s. 775.083, or
12s. 775.084.
13     (c)(e)  Any person, knowing that he or she is not entitled
14to obtain information made confidential and exempt by this
15section, who obtains or attempts to obtain such information is
16guilty of a misdemeanor felony of the first third degree,
17punishable as provided in s. 775.082, or s. 775.083, or s.
18775.084.
19     (d)(f)  Any person who knowingly uses confidential and
20exempt information in violation of a filed written sworn
21statement or contractual agreement required by this section
22commits a misdemeanor felony of the first third degree,
23punishable as provided in s. 775.082, or s. 775.083, or s.
24775.084.
25     (7)(4)  Except as specified in this subsection, each crash
26report made by a person involved in a crash and any statement
27made by such person to a law enforcement officer for the purpose
28of completing a crash report required by this section shall be
29without prejudice to the individual so reporting. No such report
30or statement shall be used as evidence in any trial, civil or
31criminal. However, subject to the applicable rules of evidence,
32a law enforcement officer at a criminal trial may testify as to
33any statement made to the officer by the person involved in the
34crash if that person's privilege against self-incrimination is
35not violated. The results of breath, urine, and blood tests
36administered as provided in s. 316.1932 or s. 316.1933 are not
37confidential and shall be admissible into evidence in accordance
38with the provisions of s. 316.1934(2). Crash reports made by
39persons involved in crashes shall not be used for commercial
40solicitation purposes; however, the use of a crash report for
41purposes of publication in a newspaper or other news periodical
42or 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),
45may enforce this section.
46     (5)  For purposes of this section, a written report
47includes a report generated by a law enforcement agency through
48the use of a computer.
49     (6)  Any driver failing to file the written report required
50under subsection (1) or subsection (2) commits a noncriminal
51traffic infraction, punishable as a nonmoving violation as
52provided in chapter 318.
53     Section 2.  Paragraph (a) of subsection (1) of section
54324.051, Florida Statutes, is amended to read:
55     324.051  Reports of crashes; suspensions of licenses and
56registrations.--
57     (1)(a)  Every law enforcement officer who, in the regular
58course of duty either at the time of and at the scene of the
59crash or thereafter by interviewing participants or witnesses,
60investigates a motor vehicle crash which he or she is required
61to report pursuant to s. 316.066(3)(a) shall forward a written
62report of the crash to the department within 10 days of
63completing the investigation. However, when the investigation of
64a crash will take more than 10 days to complete, a preliminary
65copy of the crash report shall be forwarded to the department
66within 10 days of the occurrence of the crash, to be followed by
67a final report within 10 days after completion of the
68investigation. The report shall be on a form and contain
69information 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:
75
76decreasing from a third degree felony to a first degree
77misdemeanor the penalty for knowing disclosure by an
78employee of a state or local agency of confidential and
79exempt information under the act to a person not entitled
80to access such information; decreasing from a third degree
81felony to a first degree misdemeanor the penalty for
82obtaining or attempting to obtain confidential and exempt
83information under the act in knowing disregard of a lack
84of entitlement to obtain such information; decreasing from
85a third degree felony to a first degree misdemeanor the
86penalty for knowingly using confidential and exempt
87information in violation of a filed written sworn
88statement or contractual agreement required under the act;
89reorganizing provisions, making editorial and conforming
90changes, and removing superfluous language; removing the
91scheduled repeal of the exemption under the Open
92Government Sunset Review Act; amending s. 324.051, F.S.;
93correcting a cross-reference; providing an effective date.


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