Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 1046
Ì585894^Î585894
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/18/2014 .
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1 Senate Amendment
2
3 Delete lines 12 - 45
4 and insert:
5 Section 1. Paragraph (f) is added to subsection (2) of
6 section 316.066, Florida Statutes, to read:
7 316.066 Written reports of crashes.—
8 (2)
9 (f) Radio and television stations licensed by the Federal
10 Communications Commission, newspapers qualified to publish legal
11 notices under ss. 50.011 and 50.031, and free newspapers of
12 general circulation published once a week or more often,
13 available and of interest to the public generally for the
14 dissemination of news, which request crash reports before 60
15 days have elapsed after the report is filed must request such
16 crash reports on an individual basis and may not have access to
17 the home, cellular, employment, or other telephone number or the
18 home or employment address of any of the parties involved in the
19 crash. This paragraph is subject to the Open Government Sunset
20 Review Act in accordance with s. 119.15 and shall stand repealed
21 on October 2, 2019, unless reviewed and saved from repeal
22 through reenactment by the Legislature.
23 Section 2. The Legislature finds that a crash report that
24 reveals the identity, home or employment telephone number, or
25 home or employment address of, or other personal information
26 concerning, a party involved in the crash and that is held by an
27 agency that regularly receives or prepares information from or
28 concerning the parties to motor vehicle crashes is confidential
29 and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
30 Article I of the State Constitution for 60 days after the date
31 that the report is filed. Public access to such information
32 during that 60-day period by radio and television stations
33 licensed by the Federal Communications Commission, newspapers
34 qualified to publish legal notices under ss. 50.011 and 50.031,
35 Florida Statutes, and free newspapers of general circulation
36 published once a week or more often, available and of interest
37 to the public generally for the dissemination of news, should be
38 restricted to combat widespread insurance fraud that occurs when
39 the information is unlawfully used to contact the parties
40 involved in a crash. The exemption protects the parties involved
41 in a crash from those who would unlawfully solicit personal
42 injury protection insurance claims. Accordingly, the Legislature
43 finds that the harm to parties involved in a crash which could
44 result from the release of such information outweighs any
45 minimal public benefit that would be derived from disclosure of
46 that information to the public. Therefore, it is the finding of
47 the Legislature that such information must be made exempt from
48 public disclosure.