HB 7035

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act regarding motor vehicle crash reports;
4	amending s. 316.066, F.S., which provides an exemption
5	from public records requirements for required motor
6	vehicle crash reports that reveal the identity, home or
7	employment telephone number, or home or employment address
8	of, or other personal information concerning, parties
9	involved in a motor vehicle crash and that are held by any
10	agency that regularly receives or prepares information
11	from or concerning the parties to motor vehicle crashes;
12	reorganizing provisions, making editorial and conforming
13	changes, and removing superfluous language; removing the
14	scheduled repeal of the exemption under the Open
15	Government Sunset Review Act; amending ss. 324.051 and
16	921.0022, F.S.; correcting cross-references; providing an
17	effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Section 316.066, Florida Statutes, is amended
22	to read:
23	316.066  Written reports of crashes.--
24	(1)  The driver of a vehicle which is in any manner
25	involved in a crash resulting in bodily injury to or death of
26	any person or damage to any vehicle or other property in an
27	apparent amount of at least $500 shall, within 10 days after the
28	crash, forward a written report of such crash to the department
29	or traffic records center. However, when the investigating
30	officer has made a written report of the crash pursuant to
31	subsection paragraph (3)(a), no written report need be forwarded
32	to the department or traffic records center by the driver.
33	(2)  The receiving entity may require any driver of a
34	vehicle involved in a crash of which a written report must be
35	made as provided in this section to file supplemental written
36	reports whenever the original report is insufficient in the
37	opinion of the department and may require witnesses of crashes
38	to render reports to the department.
39	(3)(a)  Every law enforcement officer who in the regular
40	course of duty investigates a motor vehicle crash:
41	1.  Which crash resulted in death or personal injury shall,
42	within 10 days after completing the investigation, forward a
43	written report of the crash to the department or traffic records
44	center.
45	2.  Which crash involved a violation of s. 316.061(1) or s.
46	316.193 shall, within 10 days after completing the
47	investigation, forward a written report of the crash to the
48	department or traffic records center.
49	3.  In which crash a vehicle was rendered inoperative to a
50	degree which required a wrecker to remove it from traffic may,
51	within 10 days after completing the investigation, forward a
52	written report of the crash to the department or traffic records
53	center if such action is appropriate, in the officer's
54	discretion.
55	(b)  However, In every case in which a crash report is
56	required by this section and a written report to a law
57	enforcement officer is not prepared, the law enforcement officer
58	shall provide each party involved in the crash a short-form
59	report, prescribed by the state, to be completed by the party.
60	The short-form report must include, but is not limited to:
61	1.  The date, time, and location of the crash;
62	2.  A description of the vehicles involved;
63	3.  The names and addresses of the parties involved;
64	4.  The names and addresses of witnesses;
65	5.  The name, badge number, and law enforcement agency of
66	the officer investigating the crash; and
67	6.  The names of the insurance companies for the respective
68	parties involved in the crash.
69	(c)  Each party to the crash shall provide the law
70	enforcement officer with proof of insurance to be included in
71	the crash report. If a law enforcement officer submits a report
72	on the accident, proof of insurance must be provided to the
73	officer by each party involved in the crash. Any party who fails
74	to provide the required information is guilty of an infraction
75	for a nonmoving violation, punishable as provided in chapter 318
76	unless the officer determines that due to injuries or other
77	special circumstances such insurance information cannot be
78	provided immediately. If the person provides the law enforcement
79	agency, within 24 hours after the crash, proof of insurance that
80	was valid at the time of the crash, the law enforcement agency
81	may void the citation.
82	(4)(a)(b)  One or more counties may enter into an agreement
83	with the appropriate state agency to be certified by the agency
84	to have a traffic records center for the purpose of tabulating
85	and analyzing countywide traffic crash reports. The agreement
86	must include: certification by the agency that the center has
87	adequate auditing and monitoring mechanisms in place to ensure
88	the quality and accuracy of the data; the time period in which
89	the traffic records center must report crash data to the agency;
90	and the medium in which the traffic records must be submitted to
91	the agency.
92	(b)  In the case of a county or multicounty area that has a
93	certified central traffic records center, a law enforcement
94	agency or driver must submit to the center within the time limit
95	prescribed in this section a written report of the crash. A
96	driver who is required to file a crash report must be notified
97	of the proper place to submit the completed report.
98	(c)  Fees for copies of public records provided by a
99	certified traffic records center shall be charged and collected
100	as follows:
101
102	For a crash report....$2 per copy.
103	For a homicide report....$25 per copy.
104	For a uniform traffic citation....$0.50 per copy.
105
106	The fees collected for copies of the public records provided by
107	a certified traffic records center shall be used to fund the
108	center or otherwise as designated by the county or counties
109	participating in the center.
110	(5)(a)(c)  Crash reports that required by this section
111	which reveal the identity, home or employment telephone number
112	or home or employment address of, or other personal information
113	concerning the parties involved in the crash and that which are
114	held received or prepared by any agency that regularly receives
115	or prepares information from or concerning the parties to motor
116	vehicle crashes are confidential and exempt from s. 119.07(1)
117	and s. 24(a), Art. I of the State Constitution for a period of
118	60 days after the date the report is filed.
119	(b)  Crash However, such reports held by an agency under
120	paragraph (a) may be made immediately available to the parties
121	involved in the crash, their legal representatives, their
122	licensed insurance agents, their insurers or insurers to which
123	they have applied for coverage, persons under contract with such
124	insurers to provide claims or underwriting information,
125	prosecutorial authorities, victim services programs, radio and
126	television stations licensed by the Federal Communications
127	Commission, newspapers qualified to publish legal notices under
128	ss. 50.011 and 50.031, and free newspapers of general
129	circulation, published once a week or more often, available and
130	of interest to the public generally for the dissemination of
131	news. For the purposes of this section, the following products
132	or publications are not newspapers as referred to in this
133	section: those intended primarily for members of a particular
134	profession or occupational group; those with the primary purpose
135	of distributing advertising; and those with the primary purpose
136	of publishing names and other personal identifying information
137	concerning parties to motor vehicle crashes.
138	(c)  Any local, state, or federal agency, victim services
139	program, agent, or employee that is authorized to have access to
140	crash such reports by any provision of law shall be granted such
141	access in the furtherance of the agency's statutory duties
142	notwithstanding the provisions of this paragraph. Any local,
143	state, or federal agency, agent, or employee receiving such
144	crash reports shall maintain the confidential and exempt status
145	of those reports and shall not disclose such crash reports to
146	any person or entity.
147	(d)  As a condition precedent to accessing a crash report
148	within 60 days after the date the report is filed, a person must
149	present a valid driver's license or other photographic
150	identification, proof of status, or identification that
151	demonstrates his or her qualifications to access that
152	information, and file a written sworn statement with the state
153	or local agency in possession of the information stating that
154	information from a crash report made confidential and exempt by
155	this section will not be used for any commercial solicitation of
156	accident victims, or knowingly disclosed to any third party for
157	the purpose of such solicitation, during the period of time that
158	the information remains confidential and exempt. In lieu of
159	requiring the written sworn statement, an agency may provide
160	crash reports by electronic means to third-party vendors under
161	contract with one or more insurers, but only when such contract
162	states that information from a crash report made confidential
163	and exempt by this section will not be used for any commercial
164	solicitation of accident victims by the vendors, or knowingly
165	disclosed by the vendors to any third party for the purpose of
166	such solicitation, during the period of time that the
167	information remains confidential and exempt, and only when a
168	copy of such contract is furnished to the agency as proof of the
169	vendor's claimed status.
170	(e)  This subsection does not prevent the dissemination or
171	publication of news to the general public by any legitimate
172	media entitled to access confidential and exempt information
173	pursuant to this section. A law enforcement officer as defined
174	in s. 943.10(1) may enforce this subsection. This exemption is
175	subject to the Open Government Sunset Review Act of 1995 in
176	accordance with s. 119.15, and shall stand repealed on October
177	2, 2006, unless reviewed and saved from repeal through
178	reenactment by the Legislature.
179	(6)(a)(d)  Any driver failing to file the written report
180	required under subsection (1) or subsection (2) commits a
181	noncriminal traffic infraction, punishable as a nonmoving
182	violation as provided in chapter 318.
183	(b)  Any employee of a state or local agency in possession
184	of information made confidential and exempt by this section who
185	knowingly discloses such confidential and exempt information to
186	a person not entitled to access such information under this
187	section is guilty of a felony of the third degree, punishable as
188	provided in s. 775.082, s. 775.083, or s. 775.084.
189	(c)(e)  Any person, knowing that he or she is not entitled
190	to obtain information made confidential and exempt by this
191	section, who obtains or attempts to obtain such information is
192	guilty of a felony of the third degree, punishable as provided
193	in s. 775.082, s. 775.083, or s. 775.084.
194	(d)(f)  Any person who knowingly uses confidential and
195	exempt information in violation of a filed written sworn
196	statement or contractual agreement required by this section
197	commits a felony of the third degree, punishable as provided in
198	s. 775.082, s. 775.083, or s. 775.084.
199	(7)(4)  Except as specified in this subsection, each crash
200	report made by a person involved in a crash and any statement
201	made by such person to a law enforcement officer for the purpose
202	of completing a crash report required by this section shall be
203	without prejudice to the individual so reporting. No such report
204	or statement shall be used as evidence in any trial, civil or
205	criminal. However, subject to the applicable rules of evidence,
206	a law enforcement officer at a criminal trial may testify as to
207	any statement made to the officer by the person involved in the
208	crash if that person's privilege against self-incrimination is
209	not violated. The results of breath, urine, and blood tests
210	administered as provided in s. 316.1932 or s. 316.1933 are not
211	confidential and shall be admissible into evidence in accordance
212	with the provisions of s. 316.1934(2). Crash reports made by
213	persons involved in crashes shall not be used for commercial
214	solicitation purposes; however, the use of a crash report for
215	purposes of publication in a newspaper or other news periodical
216	or a radio or television broadcast shall not be construed as
217	"commercial purpose."
218	(8)  A law enforcement officer, as defined in s. 943.10(1),
219	may enforce this section.
220	(5)  For purposes of this section, a written report
221	includes a report generated by a law enforcement agency through
222	the use of a computer.
223	(6)  Any driver failing to file the written report required
224	under subsection (1) or subsection (2) commits a noncriminal
225	traffic infraction, punishable as a nonmoving violation as
226	provided in chapter 318.
227	Section 2.  Paragraph (a) of subsection (1) of section
228	324.051, Florida Statutes, is amended to read:
229	324.051  Reports of crashes; suspensions of licenses and
230	registrations.--
231	(1)(a)  Every law enforcement officer who, in the regular
232	course of duty either at the time of and at the scene of the
233	crash or thereafter by interviewing participants or witnesses,
234	investigates a motor vehicle crash which he or she is required
235	to report pursuant to s. 316.066(3)(a) shall forward a written
236	report of the crash to the department within 10 days of
237	completing the investigation. However, when the investigation of
238	a crash will take more than 10 days to complete, a preliminary
239	copy of the crash report shall be forwarded to the department
240	within 10 days of the occurrence of the crash, to be followed by
241	a final report within 10 days after completion of the
242	investigation. The report shall be on a form and contain
243	information consistent with the requirements of s. 316.068.
244	Section 3.  Paragraph (c) of subsection (3) of section
245	921.0022, Florida Statutes, is amended to read:
246	921.0022  Criminal Punishment Code; offense severity
247	ranking chart.--
248	(3)  OFFENSE SEVERITY RANKING CHART
249
	FloridaStatute FelonyDegree Description
250
	(c)  LEVEL 3
251
	119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
252
	316.066(6)(b)-(d)(3)(d)-(f) 3rd Unlawfully obtaining or using confidential crash reports.
253
	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
254
	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
255
	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
256
	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
257
	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
258
	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
259
	327.35(2)(b) 3rd Felony BUI.
260
	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
261
	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
262
	370.12(1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
263
	370.12(1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
264
	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
265
	400.903(3) 3rd Operating a clinic without a license or filing false license application or other required information.
266
	440.105(3)(b) 3rd Receipt of fee or consideration without approval by judge of compensation claims.
267
	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
268
	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
269
	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
270
	624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
271
	626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
272
	697.08 3rd Equity skimming.
273
	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
274
	796.05(1) 3rd Live on earnings of a prostitute.
275
	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
276
	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
277
	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
278
	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
279
	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
280
	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
281
	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
282
	817.233 3rd Burning to defraud insurer.
283
	817.234(8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
284
	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
285
	817.236 3rd Filing a false motor vehicle insurance application.
286
	817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
287
	817.413(2) 3rd Sale of used goods as new.
288
	817.505(4) 3rd Patient brokering.
289
	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
290
	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
291
	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
292
	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
293
	843.19 3rd Injure, disable, or kill police dog or horse.
294
	860.15(3) 3rd Overcharging for repairs and parts.
295
	870.01(2) 3rd Riot; inciting or encouraging.
296
	893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
297
	893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
298
	893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
299
	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
300
	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
301
	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
302
	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
303
	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
304
	893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.
305
	893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
306
	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
307
	893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
308
	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
309
	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
310
	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
311
	985.3141 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
312
313	Section 4.  This act shall take effect October 1, 2006.

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