Florida Senate - 2014 CS for SB 1046 By the Committee on Rules; and Senator Galvano 595-04451-14 20141046c1 1 A bill to be entitled 2 An act relating to public records; amending s. 3 316.066, F.S.; providing an exemption from public 4 records requirements for certain personal contact 5 information contained in motor vehicle crash reports; 6 providing for future legislative review and repeal of 7 the exemption; providing a statement of public 8 necessity; providing a contingent effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Paragraph (b) of subsection (2) of section 13 316.066, Florida Statutes, is amended, and paragraph (f) is 14 added to that subsection, to read: 15 316.066 Written reports of crashes.— 16 (2) 17 (b) Crash reports held by an agency under paragraph (a) may 18 be made immediately available to the parties involved in the 19 crash, their legal representatives, their licensed insurance 20 agents, their insurers or insurers to which they have applied 21 for coverage, persons under contract with such insurers to 22 provide claims or underwriting information, prosecutorial 23 authorities, law enforcement agencies, the Department of 24 Transportation, county traffic operations, victim services 25 programs, radio and television stations licensed by the Federal 26 Communications Commission, newspapers qualified to publish legal 27 notices under ss. 50.011 and 50.031, and, in accordance with 28 paragraph (f), free newspapers of general circulation, published 29 once a week or more often, of which at least 7,500 copies are 30 distributed by mail or by carrier as verified by a postal 31 statement or by a notarized printer’s statement of press run, 32 which are intended to be generally distributed and circulated, 33 and which contain news of general interest with at least 10 34 pages per publication, available and of interest to the public 35 generally for the dissemination of news. For the purposes of 36 this section, the following products or publications are not 37 newspapers as referred to in this section: those intended 38 primarily for members of a particular profession or occupational 39 group; those with the primary purpose of distributing 40 advertising; and those with the primary purpose of publishing 41 names and other personal identifying information concerning 42 parties to motor vehicle crashes. 43 (f) Free newspapers of general circulation published once a 44 week or more often, of which at least 7,500 copies are 45 distributed by mail or by carrier as verified by a postal 46 statement or by a notarized printer’s statement of press run, 47 which are intended to be generally distributed and circulated, 48 which contain news of general interest with at least 10 pages 49 per publication, available and of interest to the public 50 generally for the dissemination of news, and which request 10 or 51 more crash reports within a 24-hour period before 60 days have 52 elapsed after the report is filed may not have access to the 53 home, cellular, employment, or other telephone number or the 54 home or employment address of any of the parties involved in the 55 crash. This paragraph is subject to the Open Government Sunset 56 Review Act in accordance with s. 119.15 and shall stand repealed 57 on October 2, 2019, unless reviewed and saved from repeal 58 through reenactment by the Legislature. 59 Section 2. The Legislature finds that a crash report that 60 reveals the home, cellular, employment, or other telephone 61 number or the home or employment address of any of the parties 62 involved in a crash and that is held by an agency that regularly 63 receives or prepares information from or concerning the parties 64 involved in motor vehicle crashes is confidential and exempt 65 from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of 66 the State Constitution for 60 days after the date that the 67 report is filed. Public access to such information during that 68 60-day period by free newspapers of general circulation, 69 published once a week or more often, of which at least 7,500 70 copies are distributed by mail or by carrier as verified by a 71 postal statement or by a notarized printer’s statement of press 72 run, which are intended to be generally distributed and 73 circulated, which contain news of general interest with at least 74 10 pages per publication, available and of interest to the 75 public generally for the dissemination of news, and which 76 request 10 or more crash reports within a 24-hour period before 77 60 days have elapsed after the report is filed should be 78 restricted to combat widespread insurance fraud that occurs when 79 the information is unlawfully used to contact the parties 80 involved in a crash. The exemption protects the parties involved 81 in a crash from those who would unlawfully solicit personal 82 injury protection insurance claims. Accordingly, the Legislature 83 finds that the harm to parties involved in a crash which could 84 result from the release of such information outweighs any 85 minimal public benefit that would be derived from disclosure of 86 that information to the public. Therefore, it is the finding of 87 the Legislature that such information must be made confidential 88 and exempt from public records requirements. 89 Section 3. This act shall take effect on the same date that 90 SB 876 or similar legislation takes effect, if such legislation 91 is adopted in the same legislative session or an extension 92 thereof and becomes law.