| 1 | A bill to be entitled |
| 2 | An act relating to the Department of Highway Safety and |
| 3 | Motor Vehicles; amending s. 316.066, F.S.; revising |
| 4 | provisions for motor vehicle crash reports; providing for |
| 5 | short-form crash reports to be completed under certain |
| 6 | circumstances and maintained by the local law enforcement |
| 7 | agency; authorizing law enforcement agencies to request |
| 8 | supplemental reports from drivers and written reports from |
| 9 | witnesses under certain circumstances; amending s. 322.02, |
| 10 | F.S.; revising legislative intent relating to delivery of |
| 11 | driver's license services by tax collectors; providing |
| 12 | that it is the intent of the Legislature to transition all |
| 13 | driver license issuance services from the Department of |
| 14 | Highway Safety and Motor Vehicles to tax collectors; |
| 15 | conforming a cross-reference; amending s. 322.135, F.S.; |
| 16 | requiring the department to authorize any or all of the |
| 17 | tax collectors in the several counties of the state to |
| 18 | serve as its agent for the provision of specified driver's |
| 19 | license services; removing an exemption from a fee charged |
| 20 | by such agents; directing the department, in conjunction |
| 21 | with the Florida Tax Collectors Association, to develop a |
| 22 | plan to transition all driver's license issuance services |
| 23 | to county tax collectors; requiring the plan to be |
| 24 | submitted to the Legislature; removing procedures for |
| 25 | approval of tax collectors as agents upon application by |
| 26 | the tax collector; amending s. 322.20, F.S.; providing for |
| 27 | county clerks of court and tax collectors to provide 3- |
| 28 | year, 7-year, or complete driver records to any person |
| 29 | upon collection of specified fees; requiring certain fees |
| 30 | collected to be remitted to the department within a |
| 31 | certain time period; amending ss. 322.2615, 324.051, |
| 32 | 921.0022, F.S.; conforming cross-references; providing an |
| 33 | effective date. |
| 34 |
|
| 35 | Be It Enacted by the Legislature of the State of Florida: |
| 36 |
|
| 37 | Section 1. Section 316.066, Florida Statutes, is amended |
| 38 | to read: |
| 39 | 316.066 Written reports of crashes.- |
| 40 | (1) The driver of a vehicle which is in any manner |
| 41 | involved in a crash resulting in bodily injury to or death of |
| 42 | any person or damage to any vehicle or other property in an |
| 43 | apparent amount of at least $500 shall, within 10 days after the |
| 44 | crash, forward a written report of such crash to the department |
| 45 | or traffic records center. However, when the investigating |
| 46 | officer has made a written report of the crash pursuant to |
| 47 | subsection (3), no written report need be forwarded to the |
| 48 | department or traffic records center by the driver. |
| 49 | (2) The receiving entity may require any driver of a |
| 50 | vehicle involved in a crash of which a written report must be |
| 51 | made as provided in this section to file supplemental written |
| 52 | reports whenever the original report is insufficient in the |
| 53 | opinion of the department and may require witnesses of crashes |
| 54 | to render reports to the department. |
| 55 | (1)(3)(a) A Florida Traffic Crash Report, Long Form is |
| 56 | required to be completed and submitted to the department within |
| 57 | 10 days after completing an investigation by every law |
| 58 | enforcement officer who in the regular course of duty |
| 59 | investigates a motor vehicle crash: |
| 60 | 1. That Which crash resulted in death or personal injury |
| 61 | shall, within 10 days after completing the investigation, |
| 62 | forward a written report of the crash to the department or |
| 63 | traffic records center. |
| 64 | 2. That Which crash involved a violation of s. 316.061(1) |
| 65 | or s. 316.193 shall, within 10 days after completing the |
| 66 | investigation, forward a written report of the crash to the |
| 67 | department or traffic records center. |
| 68 | 3. In which crash a vehicle was rendered inoperative to a |
| 69 | degree that which required a wrecker to remove it from traffic |
| 70 | may, within 10 days after completing the investigation, forward |
| 71 | a written report of the crash to the department or traffic |
| 72 | records center if such action is appropriate, in the officer's |
| 73 | discretion. |
| 74 | (b) In every crash for case in which a Florida Traffic |
| 75 | Crash Report, Long Form is not required by this section and a |
| 76 | written report to a law enforcement officer is not prepared, the |
| 77 | law enforcement officer may complete a short-form crash report |
| 78 | or provide a short-form crash report to be completed by shall |
| 79 | provide each party involved in the crash a short-form report, |
| 80 | prescribed by the state, to be completed by the party. The |
| 81 | short-form report must include: |
| 82 | 1. The date, time, and location of the crash.; |
| 83 | 2. A description of the vehicles involved.; |
| 84 | 3. The names and addresses of the parties involved.; |
| 85 | 4. The names and addresses of witnesses.; |
| 86 | 5. The name, badge number, and law enforcement agency of |
| 87 | the officer investigating the crash.; and |
| 88 | 6. The names of the insurance companies for the respective |
| 89 | parties involved in the crash. |
| 90 | (c) Each party to the crash shall provide the law |
| 91 | enforcement officer with proof of insurance to be included in |
| 92 | the crash report. If a law enforcement officer submits a report |
| 93 | on the accident, proof of insurance must be provided to the |
| 94 | officer by each party involved in the crash. Any party who fails |
| 95 | to provide the required information commits a noncriminal |
| 96 | traffic is guilty of an infraction, punishable as for a |
| 97 | nonmoving violation, punishable as provided in chapter 318, |
| 98 | unless the officer determines that due to injuries or other |
| 99 | special circumstances such insurance information cannot be |
| 100 | provided immediately. If the person provides the law enforcement |
| 101 | agency, within 24 hours after the crash, proof of insurance that |
| 102 | was valid at the time of the crash, the law enforcement agency |
| 103 | may void the citation. |
| 104 | (d) The driver of a vehicle that was in any manner |
| 105 | involved in a crash resulting in damage to any vehicle or other |
| 106 | property in an amount of $500 or more, which crash was not |
| 107 | investigated by a law enforcement agency, shall, within 10 days |
| 108 | after the crash, submit a written report of the crash to the |
| 109 | local law enforcement agency. The local law enforcement agency |
| 110 | receiving the report may require witnesses of the crash to |
| 111 | submit reports of the crash to the agency and may require any |
| 112 | driver of a vehicle involved in a crash requiring a written |
| 113 | report pursuant to this section to file supplemental written |
| 114 | reports of the crash with the agency whenever the original crash |
| 115 | report is deemed insufficient by the agency. |
| 116 | (e) A law enforcement agency receiving any report required |
| 117 | under this section may require any driver of a vehicle involved |
| 118 | the crash to file supplemental written reports of the crash |
| 119 | whenever the original crash report is deemed insufficient by the |
| 120 | agency and may require witnesses of a crash to submit reports of |
| 121 | the crash to the law enforcement agency. |
| 122 | (f) Short-form crash reports prepared by law enforcement |
| 123 | officers or parties involved in a crash shall be maintained by |
| 124 | the local law enforcement agency. |
| 125 | (2)(4)(a) One or more counties may enter into an agreement |
| 126 | with the appropriate state agency to be certified by the agency |
| 127 | to have a traffic records center for the purpose of tabulating |
| 128 | and analyzing countywide traffic crash reports. The agreement |
| 129 | must include: certification by the agency that the center has |
| 130 | adequate auditing and monitoring mechanisms in place to ensure |
| 131 | the quality and accuracy of the data; the time period in which |
| 132 | the traffic records center must report crash data to the agency; |
| 133 | and the medium in which the traffic records must be submitted to |
| 134 | the agency. |
| 135 | (b) In the case of a county or multicounty area that has a |
| 136 | certified central traffic records center, a law enforcement |
| 137 | agency or driver must submit to the center within the time limit |
| 138 | prescribed in this section a written report of the crash. A |
| 139 | driver who is required to file a crash report must be notified |
| 140 | of the proper place to submit the completed report. |
| 141 | (c) Fees for copies of public records provided by a |
| 142 | certified traffic records center shall be charged and collected |
| 143 | as follows: |
| 144 |
|
| 145 | For a crash report $10 per copy. |
| 146 | For a homicide report $25 per copy. |
| 147 | For a uniform traffic citation $0.50 per copy. |
| 148 |
|
| 149 | The fees collected for copies of the public records provided by |
| 150 | a certified traffic records center shall be used to fund the |
| 151 | center or otherwise as designated by the county or counties |
| 152 | participating in the center. |
| 153 | (3)(5)(a) Crash reports that reveal the identity, home or |
| 154 | employment telephone number or home or employment address of, or |
| 155 | other personal information concerning the parties involved in |
| 156 | the crash and that are held by any agency that regularly |
| 157 | receives or prepares information from or concerning the parties |
| 158 | to motor vehicle crashes are confidential and exempt from s. |
| 159 | 119.07(1) and s. 24(a), Art. I of the State Constitution for a |
| 160 | period of 60 days after the date the report is filed. |
| 161 | (b) Crash reports held by an agency under paragraph (a) |
| 162 | may be made immediately available to the parties involved in the |
| 163 | crash, their legal representatives, their licensed insurance |
| 164 | agents, their insurers or insurers to which they have applied |
| 165 | for coverage, persons under contract with such insurers to |
| 166 | provide claims or underwriting information, prosecutorial |
| 167 | authorities, victim services programs, radio and television |
| 168 | stations licensed by the Federal Communications Commission, |
| 169 | newspapers qualified to publish legal notices under ss. 50.011 |
| 170 | and 50.031, and free newspapers of general circulation, |
| 171 | published once a week or more often, available and of interest |
| 172 | to the public generally for the dissemination of news. For the |
| 173 | purposes of this section, the following products or publications |
| 174 | are not newspapers as referred to in this section: those |
| 175 | intended primarily for members of a particular profession or |
| 176 | occupational group; those with the primary purpose of |
| 177 | distributing advertising; and those with the primary purpose of |
| 178 | publishing names and other personal identifying information |
| 179 | concerning parties to motor vehicle crashes. |
| 180 | (c) Any local, state, or federal agency that is authorized |
| 181 | to have access to crash reports by any provision of law shall be |
| 182 | granted such access in the furtherance of the agency's statutory |
| 183 | duties. |
| 184 | (d) As a condition precedent to accessing a crash report |
| 185 | within 60 days after the date the report is filed, a person must |
| 186 | present a valid driver's license or other photographic |
| 187 | identification, proof of status, or identification that |
| 188 | demonstrates his or her qualifications to access that |
| 189 | information, and file a written sworn statement with the state |
| 190 | or local agency in possession of the information stating that |
| 191 | information from a crash report made confidential and exempt by |
| 192 | this section will not be used for any commercial solicitation of |
| 193 | accident victims, or knowingly disclosed to any third party for |
| 194 | the purpose of such solicitation, during the period of time that |
| 195 | the information remains confidential and exempt. In lieu of |
| 196 | requiring the written sworn statement, an agency may provide |
| 197 | crash reports by electronic means to third-party vendors under |
| 198 | contract with one or more insurers, but only when such contract |
| 199 | states that information from a crash report made confidential |
| 200 | and exempt by this section will not be used for any commercial |
| 201 | solicitation of accident victims by the vendors, or knowingly |
| 202 | disclosed by the vendors to any third party for the purpose of |
| 203 | such solicitation, during the period of time that the |
| 204 | information remains confidential and exempt, and only when a |
| 205 | copy of such contract is furnished to the agency as proof of the |
| 206 | vendor's claimed status. |
| 207 | (e) This subsection does not prevent the dissemination or |
| 208 | publication of news to the general public by any legitimate |
| 209 | media entitled to access confidential and exempt information |
| 210 | pursuant to this section. |
| 211 | (4)(6)(a) Any driver failing to file the written report |
| 212 | required under subsection (1) or subsection (2) commits a |
| 213 | noncriminal traffic infraction, punishable as a nonmoving |
| 214 | violation as provided in chapter 318. |
| 215 | (b) Any employee of a state or local agency in possession |
| 216 | of information made confidential and exempt by this section who |
| 217 | knowingly discloses such confidential and exempt information to |
| 218 | a person not entitled to access such information under this |
| 219 | section is guilty of a felony of the third degree, punishable as |
| 220 | provided in s. 775.082, s. 775.083, or s. 775.084. |
| 221 | (c) Any person, knowing that he or she is not entitled to |
| 222 | obtain information made confidential and exempt by this section, |
| 223 | who obtains or attempts to obtain such information commits is |
| 224 | guilty of a felony of the third degree, punishable as provided |
| 225 | in s. 775.082, s. 775.083, or s. 775.084. |
| 226 | (d) Any person who knowingly uses confidential and exempt |
| 227 | information in violation of a filed written sworn statement or |
| 228 | contractual agreement required by this section commits a felony |
| 229 | of the third degree, punishable as provided in s. 775.082, s. |
| 230 | 775.083, or s. 775.084. |
| 231 | (5)(7) Except as specified in this subsection, each crash |
| 232 | report made by a person involved in a crash and any statement |
| 233 | made by such person to a law enforcement officer for the purpose |
| 234 | of completing a crash report required by this section shall be |
| 235 | without prejudice to the individual so reporting. No such report |
| 236 | or statement shall be used as evidence in any trial, civil or |
| 237 | criminal. However, subject to the applicable rules of evidence, |
| 238 | a law enforcement officer at a criminal trial may testify as to |
| 239 | any statement made to the officer by the person involved in the |
| 240 | crash if that person's privilege against self-incrimination is |
| 241 | not violated. The results of breath, urine, and blood tests |
| 242 | administered as provided in s. 316.1932 or s. 316.1933 are not |
| 243 | confidential and shall be admissible into evidence in accordance |
| 244 | with the provisions of s. 316.1934(2). Crash reports made by |
| 245 | persons involved in crashes shall not be used for commercial |
| 246 | solicitation purposes; however, the use of a crash report for |
| 247 | purposes of publication in a newspaper or other news periodical |
| 248 | or a radio or television broadcast shall not be construed as |
| 249 | "commercial purpose." |
| 250 | (6)(8) A law enforcement officer, as defined in s. |
| 251 | 943.10(1), may enforce this section. |
| 252 | Section 2. Subsections (1) and (5) of section 322.02, |
| 253 | Florida Statutes, are amended to read: |
| 254 | 322.02 Legislative intent; administration.- |
| 255 | (1) The Legislature finds that over the past several years |
| 256 | the department and individual county tax collectors have entered |
| 257 | into contracts for the delivery of full and limited driver |
| 258 | license services where such contractual relationships best |
| 259 | served the public interest through state administration and |
| 260 | enforcement and local government implementation. It is the |
| 261 | intent of the Legislature that the complete transition of all |
| 262 | driver license issuance services to tax collectors who are |
| 263 | constitutional officers under s. 1(d), Art. VIII of the State |
| 264 | Constitution be completed no later than June 30, 2015. The |
| 265 | transition of services to appointed charter county tax |
| 266 | collectors may occur on a limited basis as directed by the |
| 267 | department future interests and processes for developing and |
| 268 | expanding the department's relationship with tax collectors |
| 269 | through contractual relationships for the delivery of driver |
| 270 | license services be achieved through the provisions of this |
| 271 | chapter, thereby serving best the public interest considering |
| 272 | accountability, cost-effectiveness, efficiency, responsiveness, |
| 273 | and high-quality service to the drivers in Florida. |
| 274 | (5) The tax collector in and for his or her county may be |
| 275 | designated the exclusive agent of the department to implement |
| 276 | and administer the provisions of this chapter as provided by s. |
| 277 | 322.135(5). |
| 278 | Section 3. Section 322.135, Florida Statutes, is amended |
| 279 | to read: |
| 280 | 322.135 Driver's license agents.- |
| 281 | (1) The department shall may, upon application, authorize |
| 282 | any or all of the tax collectors in the several counties of the |
| 283 | state, subject to the requirements of law, in accordance with |
| 284 | rules of the department, to serve as its agent for the provision |
| 285 | of specified driver's license services. |
| 286 | (a) These services shall be limited to the issuance of |
| 287 | driver's licenses and identification cards as authorized by this |
| 288 | chapter. |
| 289 | (b) Each tax collector who is authorized by the department |
| 290 | to provide driver's license services shall bear all costs |
| 291 | associated with providing those services. |
| 292 | (c) A service fee of $6.25 shall be charged, in addition |
| 293 | to the fees set forth in this chapter, for providing all |
| 294 | services pursuant to this chapter. The service fee may not be |
| 295 | charged: |
| 296 | 1. More than once per customer during a single visit to a |
| 297 | tax collector's office. |
| 298 | 2. For a reexamination requested by the Medical Advisory |
| 299 | Board or required pursuant to s. 322.221. |
| 300 | 3. For a voter registration transaction. |
| 301 | 4. For changes in an organ donation registration. |
| 302 | 4.5. In violation of any federal or state law. |
| 303 | (2) Each tax collector is required to give a good and |
| 304 | sufficient surety bond, payable to the department, conditioned |
| 305 | upon his or her faithfully and truly performing the duties |
| 306 | imposed upon him or her according to the requirements of law and |
| 307 | the rules of the department and upon his or her accounting for |
| 308 | all materials, records, and other property and money that come |
| 309 | into his or her possession or control by reason of performing |
| 310 | these duties. |
| 311 | (a) The amount of the bond must be determined by the |
| 312 | department as an amount not less than 10 percent above the |
| 313 | average of the daily deposits of each tax collector. |
| 314 | (b) If a tax collector is also an agent of the department |
| 315 | for purposes of s. 320.03, the amount of the bond must be at |
| 316 | least 10 percent above the average of the total daily deposits |
| 317 | of all funds received by the tax collector on behalf of the |
| 318 | department. |
| 319 | (c) Notwithstanding the provisions of s. 320.03, only one |
| 320 | bond is required in order for a tax collector to serve as an |
| 321 | agent of the department under chapters 320 and 322. |
| 322 | (3) Each tax collector shall keep a full and complete |
| 323 | record of all materials, records, and other properties received |
| 324 | by him or her from the department, or from any other source, and |
| 325 | shall make prompt remittance of moneys collected by him or her |
| 326 | at such times and in such manner as prescribed by law, in |
| 327 | accordance with departmental rules. |
| 328 | (4) A tax collector may not issue or renew a driver's |
| 329 | license if he or she has any reason to believe that the licensee |
| 330 | or prospective licensee is physically or mentally unqualified to |
| 331 | operate a motor vehicle. The tax collector may direct any such |
| 332 | licensee to the department for examination or reexamination |
| 333 | under s. 322.221. |
| 334 | (5) The department, in conjunction with the Florida Tax |
| 335 | Collectors Association, shall develop a plan to transition all |
| 336 | driver's license issuance services to the county tax collectors |
| 337 | who are constitutional officers under s. 1(d), Art. VIII of the |
| 338 | State Constitution. The transition plan must be submitted to the |
| 339 | President of the Senate and the Speaker of the House of |
| 340 | Representatives on or before February 1, 2011. The transition |
| 341 | plan must include a timeline to complete the full transition of |
| 342 | all driver's license issuance services no later than June 30, |
| 343 | 2015, and may include, but is not limited to, recommendations on |
| 344 | the use of regional service centers, interlocal agreements, and |
| 345 | equipment. The county tax collector at his or her option may |
| 346 | apply to the department for approval by the executive director |
| 347 | to be the exclusive agent of the department for his or her |
| 348 | county to administer driver license services as provided and |
| 349 | authorized in this chapter. |
| 350 | (a) The application by the county tax collector shall be |
| 351 | in writing to the executive director of the department. The |
| 352 | application must be submitted by September 1 to be effective for |
| 353 | the state's subsequent fiscal year beginning July 1. |
| 354 | (b) The department shall provide a form for such |
| 355 | application, which shall include the following information: |
| 356 | 1. Locations within the county where offices and branch |
| 357 | offices for driver license services are proposed. |
| 358 | 2. The designation by the tax collector of the driver |
| 359 | license functions to be performed by the tax collector in the |
| 360 | county. |
| 361 | 3. Any anticipated capital acquisition or construction |
| 362 | costs. |
| 363 | 4. A projection of equipment available or to be provided |
| 364 | by the department. |
| 365 | 5. All anticipated operating costs, including facilities, |
| 366 | equipment, and personnel to administer driver license services. |
| 367 | (c) The department shall review applications on or before |
| 368 | September 1 of each year. The department shall compare the costs |
| 369 | included in the information submitted in the application with |
| 370 | the related costs incurred by the department to accomplish the |
| 371 | same level of services. The department shall approve or deny an |
| 372 | application within 60 calendar days after the application is |
| 373 | received unless the department and the applicant agree mutually |
| 374 | to a specific alternative date. |
| 375 | (d) The department may provide technical assistance to an |
| 376 | applicant upon request. |
| 377 | (6) Administration of driver license services by a county |
| 378 | tax collector as the exclusive agent of the department must be |
| 379 | revenue neutral with no adverse state fiscal impact and with no |
| 380 | adverse unfunded mandate to the tax collector. |
| 381 | (7) Upon approval by the department for a tax collector to |
| 382 | provide exclusive driver license services in a county, the |
| 383 | department and the applicable tax collector shall develop a |
| 384 | transition plan for the orderly transfer of service |
| 385 | responsibilities to the tax collector. This plan shall include, |
| 386 | but is not limited to: |
| 387 | (a) The specifics of any possible use of any state-owned |
| 388 | or leased facilities giving consideration to lease expiration |
| 389 | date, cancellation provisions, and possibilities for sublease of |
| 390 | such facilities. |
| 391 | (b) Consideration of staffing needs of the tax collector, |
| 392 | either the assumption by the collector or departmental |
| 393 | relocation of employees adversely affected. |
| 394 | (c) The execution of a standard agreement between the |
| 395 | department and the tax collector for providing driver license |
| 396 | services. |
| 397 | (8) The county tax collector, as the exclusive agent of |
| 398 | the Department of Highway Safety and Motor Vehicles, shall be |
| 399 | paid fees for driver license services. |
| 400 | (6)(9) Notwithstanding chapter 116, each county officer |
| 401 | within this state who is authorized to collect funds provided |
| 402 | for in this chapter shall pay all sums officially received by |
| 403 | the officer into the State Treasury no later than 5 working days |
| 404 | after the close of the business day in which the officer |
| 405 | received the funds. Payment by county officers to the state |
| 406 | shall be made by means of electronic funds transfers. |
| 407 | Section 4. Subsection (11) of section 322.20, Florida |
| 408 | Statutes, is amended to read: |
| 409 | 322.20 Records of the department; fees; destruction of |
| 410 | records.- |
| 411 | (11)(a) The department may charge the following fees for |
| 412 | the following services and documents: |
| 413 | 1. For providing a transcript of any one individual's |
| 414 | driver history record or any portion thereof for the past 3 |
| 415 | years or for searching for such record when no record is found |
| 416 | on file $8 |
| 417 | 2. For providing a transcript of any one individual's |
| 418 | driver history record or any portion thereof for the past 7 |
| 419 | years or for searching for such record when no record is found |
| 420 | on file $10 |
| 421 | 3. For providing a certified copy of a transcript of the |
| 422 | driver history record or any portion thereof for any one |
| 423 | individual $10 |
| 424 | 4. For providing a certified photographic copy of a |
| 425 | document, per page $1 |
| 426 | 5. For providing an exemplified record $15 |
| 427 | 6. For providing photocopies of documents, papers, |
| 428 | letters, clearances, or license or insurance status reports, per |
| 429 | page $0.50 |
| 430 | 7. For assisting persons in searching any one individual's |
| 431 | driver record at a terminal located at the department's general |
| 432 | headquarters in Tallahassee $2 |
| 433 | (b) The department shall furnish such information without |
| 434 | charge to any local, state, or federal law enforcement agency or |
| 435 | court upon proof satisfactory to the department as to the |
| 436 | purpose of the investigation. |
| 437 | (c) The clerks of court and tax collectors authorized |
| 438 | under s. 322.135 may provide 3-year, 7-year, or complete driver |
| 439 | records to any person requesting such records upon payment of |
| 440 | the appropriate fees. In addition to the fees authorized under |
| 441 | paragraph (a), clerks of court and tax collectors may assess the |
| 442 | fee listed in s. 322.135(1)(c) for this service. The applicable |
| 443 | fees listed in paragraph (a) must be remitted to the department |
| 444 | no later than 5 days after payment is received unless a shorter |
| 445 | remittance period is required by law. |
| 446 | Section 5. Subsection (2) of section 322.2615, Florida |
| 447 | Statutes, is amended to read: |
| 448 | 322.2615 Suspension of license; right to review.- |
| 449 | (2) Except as provided in paragraph (1)(a), the law |
| 450 | enforcement officer shall forward to the department, within 5 |
| 451 | days after issuing the notice of suspension, the driver's |
| 452 | license; an affidavit stating the officer's grounds for belief |
| 453 | that the person was driving or in actual physical control of a |
| 454 | motor vehicle while under the influence of alcoholic beverages |
| 455 | or chemical or controlled substances; the results of any breath |
| 456 | or blood test or an affidavit stating that a breath, blood, or |
| 457 | urine test was requested by a law enforcement officer or |
| 458 | correctional officer and that the person refused to submit; the |
| 459 | officer's description of the person's field sobriety test, if |
| 460 | any; the notice of suspension; and a copy of the crash report, |
| 461 | if any. The failure of the officer to submit materials within |
| 462 | the 5-day period specified in this subsection and in subsection |
| 463 | (1) does not affect the department's ability to consider any |
| 464 | evidence submitted at or prior to the hearing. The officer may |
| 465 | also submit a copy of a videotape of the field sobriety test or |
| 466 | the attempt to administer such test. Materials submitted to the |
| 467 | department by a law enforcement agency or correctional agency |
| 468 | shall be considered self-authenticating and shall be in the |
| 469 | record for consideration by the hearing officer. Notwithstanding |
| 470 | s. 316.066(5)(7), the crash report shall be considered by the |
| 471 | hearing officer. |
| 472 | Section 6. Paragraph (a) of subsection (1) of section |
| 473 | 324.051, Florida Statutes, is amended to read: |
| 474 | 324.051 Reports of crashes; suspensions of licenses and |
| 475 | registrations.- |
| 476 | (1)(a) Every law enforcement officer who, in the regular |
| 477 | course of duty either at the time of and at the scene of the |
| 478 | crash or thereafter by interviewing participants or witnesses, |
| 479 | investigates a motor vehicle crash which he or she is required |
| 480 | to report pursuant to s. 316.066(1)(3) shall forward a written |
| 481 | report of the crash to the department within 10 days of |
| 482 | completing the investigation. However, when the investigation of |
| 483 | a crash will take more than 10 days to complete, a preliminary |
| 484 | copy of the crash report shall be forwarded to the department |
| 485 | within 10 days after of the occurrence of the crash, to be |
| 486 | followed by a final report within 10 days after completion of |
| 487 | the investigation. The report shall be on a form and contain |
| 488 | information consistent with the requirements of s. 316.068. |
| 489 | Section 7. Paragraph (c) of subsection (3) of section |
| 490 | 921.0022, Florida Statutes, is amended to read: |
| 491 | 921.0022 Criminal Punishment Code; offense severity |
| 492 | ranking chart.- |
| 493 | (3) OFFENSE SEVERITY RANKING CHART |
| 494 | (c) LEVEL 3 |
| 495 |
|
| | | FloridaStatute | FelonyDegree | Description |
|
| 496 |
|
| | | 119.10(2)(b) | 3rd | Unlawful use of confidential information from police reports. |
|
| 497 |
|
| | 316.066(4)(6)(b)-(d) | 3rd | Unlawfully obtaining or using confidential crash reports. |
|
| 498 |
|
| | | 316.193(2)(b) | 3rd | Felony DUI, 3rd conviction. |
|
| 499 |
|
| | | 316.1935(2) | 3rd | Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. |
|
| 500 |
|
| | | 319.30(4) | 3rd | Possession by junkyard of motor vehicle with identification number plate removed. |
|
| 501 |
|
| | | 319.33(1)(a) | 3rd | Alter or forge any certificate of title to a motor vehicle or mobile home. |
|
| 502 |
|
| | | 319.33(1)(c) | 3rd | Procure or pass title on stolen vehicle. |
|
| 503 |
|
| | | 319.33(4) | 3rd | With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. |
|
| 504 |
|
| | | 327.35(2)(b) | 3rd | Felony BUI. |
|
| 505 |
|
| | | 328.05(2) | 3rd | Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. |
|
| 506 |
|
| | | 328.07(4) | 3rd | Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. |
|
| 507 |
|
| | | 376.302(5) | 3rd | Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. |
|
| 508 |
|
| | | 379.2431(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. |
|
| 509 |
|
| | | 379.2431(1)(e)6. | 3rd | Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. |
|
| 510 |
|
| | | 400.9935(4) | 3rd | Operating a clinic without a license or filing false license application or other required information. |
|
| 511 |
|
| | | 440.1051(3) | 3rd | False report of workers' compensation fraud or retaliation for making such a report. |
|
| 512 |
|
| | | 501.001(2)(b) | 2nd | Tampers with a consumer product or the container using materially false/misleading information. |
|
| 513 |
|
| | | 624.401(4)(a) | 3rd | Transacting insurance without a certificate of authority. |
|
| 514 |
|
| | | 624.401(4)(b)1. | 3rd | Transacting insurance without a certificate of authority; premium collected less than $20,000. |
|
| 515 |
|
| | | 626.902(1)(a) & (b) | 3rd | Representing an unauthorized insurer. |
|
| 516 |
|
| | | 697.08 | 3rd | Equity skimming. |
|
| 517 |
|
| | | 790.15(3) | 3rd | Person directs another to discharge firearm from a vehicle. |
|
| 518 |
|
| | | 796.05(1) | 3rd | Live on earnings of a prostitute. |
|
| 519 |
|
| | | 806.10(1) | 3rd | Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. |
|
| 520 |
|
| | | 806.10(2) | 3rd | Interferes with or assaults firefighter in performance of duty. |
|
| 521 |
|
| | | 810.09(2)(c) | 3rd | Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. |
|
| 522 |
|
| | | 812.014(2)(c)2. | 3rd | Grand theft; $5,000 or more but less than $10,000. |
|
| 523 |
|
| | | 812.0145(2)(c) | 3rd | Theft from person 65 years of age or older; $300 or more but less than $10,000. |
|
| 524 |
|
| | | 815.04(4)(b) | 2nd | Computer offense devised to defraud or obtain property. |
|
| 525 |
|
| | | 817.034(4)(a)3. | 3rd | Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. |
|
| 526 |
|
| | | 817.233 | 3rd | Burning to defraud insurer. |
|
| 527 |
|
| | | 817.234(8)(b)-(c) | 3rd | Unlawful solicitation of persons involved in motor vehicle accidents. |
|
| 528 |
|
| | | 817.234(11)(a) | 3rd | Insurance fraud; property value less than $20,000. |
|
| 529 |
|
| | | 817.236 | 3rd | Filing a false motor vehicle insurance application. |
|
| 530 |
|
| | | 817.2361 | 3rd | Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. |
|
| 531 |
|
| | | 817.413(2) | 3rd | Sale of used goods as new. |
|
| 532 |
|
| | | 817.505(4) | 3rd | Patient brokering. |
|
| 533 |
|
| | | 828.12(2) | 3rd | Tortures any animal with intent to inflict intense pain, serious physical injury, or death. |
|
| 534 |
|
| | | 831.28(2)(a) | 3rd | Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument. |
|
| 535 |
|
| | | 831.29 | 2nd | Possession of instruments for counterfeiting drivers' licenses or identification cards. |
|
| 536 |
|
| | | 838.021(3)(b) | 3rd | Threatens unlawful harm to public servant. |
|
| 537 |
|
| | | 843.19 | 3rd | Injure, disable, or kill police dog or horse. |
|
| 538 |
|
| | | 860.15(3) | 3rd | Overcharging for repairs and parts. |
|
| 539 |
|
| | | 870.01(2) | 3rd | Riot; inciting or encouraging. |
|
| 540 |
|
| | | 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). |
|
| 541 |
|
| | | 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. |
|
| 542 |
|
| | | 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. |
|
| 543 |
|
| | | 893.13(6)(a) | 3rd | Possession of any controlled substance other than felony possession of cannabis. |
|
| 544 |
|
| | | 893.13(7)(a)8. | 3rd | Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. |
|
| 545 |
|
| | | 893.13(7)(a)9. | 3rd | Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. |
|
| 546 |
|
| | | 893.13(7)(a)10. | 3rd | Affix false or forged label to package of controlled substance. |
|
| 547 |
|
| | | 893.13(7)(a)11. | 3rd | Furnish false or fraudulent material information on any document or record required by chapter 893. |
|
| 548 |
|
| | | 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. |
|
| 549 |
|
| | | 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. |
|
| 550 |
|
| | | 893.13(8)(a)3. | 3rd | Knowingly write a prescription for a controlled substance for a fictitious person. |
|
| 551 |
|
| | | 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. |
|
| 552 |
|
| | | 918.13(1)(a) | 3rd | Alter, destroy, or conceal investigation evidence. |
|
| 553 |
|
| | | 944.47(1)(a)1.-2. | 3rd | Introduce contraband to correctional facility. |
|
| 554 |
|
| | | 944.47(1)(c) | 2nd | Possess contraband while upon the grounds of a correctional institution. |
|
| 555 |
|
| | | 985.721 | 3rd | Escapes from a juvenile facility (secure detention or residential commitment facility). |
|
| 556 |
|
| 557 | Section 8. This act shall take effect July 1, 2010. |