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.; conforming 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	For a crash report....$2 per copy.
102	For a homicide report....$25 per copy.
103	For a uniform traffic citation....$0.50 per copy.
104
105	The fees collected for copies of the public records provided by
106	a certified traffic records center shall be used to fund the
107	center or otherwise as designated by the county or counties
108	participating in the center.
109	(5)(a)(c)  Crash reports that required by this section
110	which reveal the identity, home or employment telephone number
111	or home or employment address of, or other personal information
112	concerning the parties involved in the crash and that which are
113	held received or prepared by any agency that regularly receives
114	or prepares information from or concerning the parties to motor
115	vehicle crashes are confidential and exempt from s. 119.07(1)
116	and s. 24(a), Art. I of the State Constitution for a period of
117	60 days after the date the report is filed.
118	(b)  Crash However, such reports held by an agency under
119	paragraph (a) may be made immediately available to the parties
120	involved in the crash, their legal representatives, their
121	licensed insurance agents, their insurers or insurers to which
122	they have applied for coverage, persons under contract with such
123	insurers to provide claims or underwriting information,
124	prosecutorial authorities, victim services programs, radio and
125	television stations licensed by the Federal Communications
126	Commission, newspapers qualified to publish legal notices under
127	ss. 50.011 and 50.031, and free newspapers of general
128	circulation, published once a week or more often, available and
129	of interest to the public generally for the dissemination of
130	news. For the purposes of this section, the following products
131	or publications are not newspapers as referred to in this
132	section: those intended primarily for members of a particular
133	profession or occupational group; those with the primary purpose
134	of distributing advertising; and those with the primary purpose
135	of publishing names and other personal identifying information
136	concerning parties to motor vehicle crashes.
137	(c)  Any local, state, or federal agency, victim services
138	program, agent, or employee that is authorized to have access to
139	crash such reports by any provision of law shall be granted such
140	access in the furtherance of the agency's statutory duties
141	notwithstanding the provisions of this paragraph. Any local,
142	state, or federal agency, agent, or employee receiving such
143	crash reports shall maintain the confidential and exempt status
144	of those reports and shall not disclose such crash reports to
145	any person or entity.
146	(d)  As a condition precedent to accessing a crash report
147	within 60 days after the date the report is filed, a person must
148	present a valid driver's license or other photographic
149	identification, proof of status, or identification that
150	demonstrates his or her qualifications to access that
151	information, and file a written sworn statement with the state
152	or local agency in possession of the information stating that
153	information from a crash report made confidential and exempt by
154	this section will not be used for any commercial solicitation of
155	accident victims, or knowingly disclosed to any third party for
156	the purpose of such solicitation, during the period of time that
157	the information remains confidential and exempt. In lieu of
158	requiring the written sworn statement, an agency may provide
159	crash reports by electronic means to third-party vendors under
160	contract with one or more insurers, but only when such contract
161	states that information from a crash report made confidential
162	and exempt by this section will not be used for any commercial
163	solicitation of accident victims by the vendors, or knowingly
164	disclosed by the vendors to any third party for the purpose of
165	such solicitation, during the period of time that the
166	information remains confidential and exempt, and only when a
167	copy of such contract is furnished to the agency as proof of the
168	vendor's claimed status.
169	(e)  This subsection does not prevent the dissemination or
170	publication of news to the general public by any legitimate
171	media entitled to access confidential and exempt information
172	pursuant to this section. A law enforcement officer as defined
173	in s. 943.10(1) may enforce this subsection. This exemption is
174	subject to the Open Government Sunset Review Act of 1995 in
175	accordance with s. 119.15, and shall stand repealed on October
176	2, 2006, unless reviewed and saved from repeal through
177	reenactment by the Legislature.
178	(6)(a)(d)  Any driver failing to file the written report
179	required under subsection (1) or subsection (2) commits a
180	noncriminal traffic infraction, punishable as a nonmoving
181	violation as provided in chapter 318.
182	(b)  Any employee of a state or local agency in possession
183	of information made confidential and exempt by this section who
184	knowingly discloses such confidential and exempt information to
185	a person not entitled to access such information under this
186	section is guilty of a felony of the third degree, punishable as
187	provided in s. 775.082, s. 775.083, or s. 775.084.
188	(c)(e)  Any person, knowing that he or she is not entitled
189	to obtain information made confidential and exempt by this
190	section, who obtains or attempts to obtain such information is
191	guilty of a felony of the third degree, punishable as provided
192	in s. 775.082, s. 775.083, or s. 775.084.
193	(d)(f)  Any person who knowingly uses confidential and
194	exempt information in violation of a filed written sworn
195	statement or contractual agreement required by this section
196	commits a felony of the third degree, punishable as provided in
197	s. 775.082, s. 775.083, or s. 775.084.
198	(7)(4)  Except as specified in this subsection, each crash
199	report made by a person involved in a crash and any statement
200	made by such person to a law enforcement officer for the purpose
201	of completing a crash report required by this section shall be
202	without prejudice to the individual so reporting. No such report
203	or statement shall be used as evidence in any trial, civil or
204	criminal. However, subject to the applicable rules of evidence,
205	a law enforcement officer at a criminal trial may testify as to
206	any statement made to the officer by the person involved in the
207	crash if that person's privilege against self-incrimination is
208	not violated. The results of breath, urine, and blood tests
209	administered as provided in s. 316.1932 or s. 316.1933 are not
210	confidential and shall be admissible into evidence in accordance
211	with the provisions of s. 316.1934(2). Crash reports made by
212	persons involved in crashes shall not be used for commercial
213	solicitation purposes; however, the use of a crash report for
214	purposes of publication in a newspaper or other news periodical
215	or a radio or television broadcast shall not be construed as
216	"commercial purpose."
217	(8)  A law enforcement officer, as defined in s. 943.10(1),
218	may enforce this section.
219	(5)  For purposes of this section, a written report
220	includes a report generated by a law enforcement agency through
221	the use of a computer.
222	(6)  Any driver failing to file the written report required
223	under subsection (1) or subsection (2) commits a noncriminal
224	traffic infraction, punishable as a nonmoving violation as
225	provided in chapter 318.
226	Section 2.  Paragraph (a) of subsection (1) of section
227	324.051, Florida Statutes, is amended to read:
228	324.051  Reports of crashes; suspensions of licenses and
229	registrations.--
230	(1)(a)  Every law enforcement officer who, in the regular
231	course of duty either at the time of and at the scene of the
232	crash or thereafter by interviewing participants or witnesses,
233	investigates a motor vehicle crash which he or she is required
234	to report pursuant to s. 316.066(3)(a) shall forward a written
235	report of the crash to the department within 10 days of
236	completing the investigation. However, when the investigation of
237	a crash will take more than 10 days to complete, a preliminary
238	copy of the crash report shall be forwarded to the department
239	within 10 days of the occurrence of the crash, to be followed by
240	a final report within 10 days after completion of the
241	investigation. The report shall be on a form and contain
242	information consistent with the requirements of s. 316.068.
243	Section 3.  Paragraph (c) of subsection (3) of section
244	921.0022, Florida Statutes, is amended to read:
245	921.0022  Criminal Punishment Code; offense severity
246	ranking chart.--
247	(3)  OFFENSE SEVERITY RANKING CHART
	Florida Statute Felony Degree Description
248
	(c)  LEVEL 3
249
	119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
250
	316.066(6)(b)-(d)
251
	(3)(d)-(f) 3rd Unlawfully obtaining or using confidential crash reports.
252
	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
253
	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle  with siren and lights activated.
254
	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate  removed.
255
	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
256
	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
257
	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or  unlawfully obtained title or registration.
258
	327.35(2)(b) 3rd Felony BUI.
259
	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or  bills of sale of vessels.
260
	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID  number.
261
	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.
262
	370.12(1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine  Turtle Protection Act.
263
	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland  Protection Trust Fund.
264
	400.903(3) 3rd Operating a clinic without a license or filing false license application  or other required information.
265
	440.105(3)(b) 3rd Receipt of fee or consideration without approval by judge of compensation  claims.
266
	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such  a report.
267
	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially  false/misleading information.
268
	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
269
	624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium  collected less than $20,000.
270
	626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
271
	697.08 3rd Equity skimming.
272
	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
273
	796.05(1) 3rd Live on earnings of a prostitute.
274
	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used  in firefighting.
275
	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
276
	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm  or dangerous weapon.
277
	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
278
	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than  $10,000.
279
	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
280
	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property  valued at less than $20,000.
281
	817.233 3rd Burning to defraud insurer.
282
	817.234(8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
283
	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
284
	817.236 3rd Filing a false motor vehicle insurance application.
285
	817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle  insurance card.
286
	817.413(2) 3rd Sale of used goods as new.
287
	817.505(4) 3rd Patient brokering.
288
	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical  injury, or death.
289
	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a  counterfeit payment instrument.
290
	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or  identification cards.
291
	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
292
	843.19 3rd Injure, disable, or kill police dog or horse.
293
	860.15(3) 3rd Overcharging for repairs and parts.
294
	870.01(2) 3rd Riot; inciting or encouraging.
295
	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).
296
	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.
297
	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.
298
	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of  cannabis.
299
	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or  prescription for a controlled substance.
300
	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery,  misrepresentation, etc.
301
	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
302
	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record  required by chapter 893.
303
	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.
304
	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.
305
	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious  person.
306
	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.
307
	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
308
	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
309
	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
310
	985.3141 3rd Escapes from a juvenile facility (secure detention or residential  commitment facility).
311
312
313	Section 4.  This act shall take effect October 1, 2006.

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