Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1614
       
       
       
       
       
       
                                Ì148404ÉÎ148404                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/10/2022           .                                
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       The Committee on Governmental Oversight and Accountability
       (Harrell) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (2) and (3) of section 316.066,
    6  Florida Statutes, are amended to read:
    7         316.066 Written reports of crashes.—
    8         (2)(a) Crash reports that reveal the identity, home or
    9  employment telephone number or home or employment address of, or
   10  other personal information concerning the parties involved in
   11  the crash and that are held by an any agency, as defined in s.
   12  119.011, that regularly receives or prepares information from or
   13  concerning the parties to motor vehicle crashes are confidential
   14  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   15  Constitution for a period of 60 days after the date the report
   16  is filed.
   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, victim services
   23  programs, and any federal, state, or local governmental agency
   24  or any private person or entity acting on behalf of a federal,
   25  state, or local governmental agency in carrying out its
   26  functions, but not for redistribution to any person or entity
   27  not listed in this subsection. Crash reports held by an agency
   28  under paragraph (a) which do not contain the home or employment
   29  street addresses, driver license or identification card numbers,
   30  dates of birth, and home and employment telephone numbers of the
   31  parties involved in the crash shall be made immediately
   32  available to radio and television stations licensed by the
   33  Federal Communications Commission and newspapers qualified to
   34  publish legal notices under ss. 50.011 and 50.031. A crash
   35  report may also be made available to any third party acting on
   36  behalf of a person or entity authorized under this section to
   37  access the crash report, except that the third party may
   38  disclose the crash report only to the person or entity
   39  authorized to access the crash report under this section on
   40  whose behalf the third party has sought the report. This section
   41  shall not prevent an agency, pursuant to a memorandum of
   42  understanding, from providing data derived from crash reports to
   43  a third party solely for the purpose of identifying vehicles
   44  involved in crashes if such data does not reveal the identity,
   45  home or employment telephone number or home or employment
   46  address, or other personal information of the parties involved
   47  in the crash prosecutorial authorities, law enforcement
   48  agencies, the Department of Transportation, county traffic
   49  operations, victim services programs, radio and television
   50  stations licensed by the Federal Communications Commission,
   51  newspapers qualified to publish legal notices under ss. 50.011
   52  and 50.031, and, in accordance with paragraph (f), free
   53  newspapers of general circulation, published once a week or more
   54  often, of which at least 7,500 copies are distributed by mail or
   55  by carrier as verified by a postal statement or by a notarized
   56  printer’s statement of press run, which are intended to be
   57  generally distributed and circulated, and which contain news of
   58  general interest with at least 10 pages per publication,
   59  available and of interest to the public generally for the
   60  dissemination of news. For the purposes of this section, the
   61  following products or publications are not newspapers as
   62  referred to in this section: those intended primarily for
   63  members of a particular profession or occupational group; those
   64  with the primary purpose of distributing advertising; and those
   65  with the primary purpose of publishing names and other personal
   66  identifying information concerning parties to motor vehicle
   67  crashes.
   68         (c) Any local, state, or federal agency that is authorized
   69  to have access to crash reports by any provision of law shall be
   70  granted such access in the furtherance of the agency’s statutory
   71  duties.
   72         (d) As a condition precedent to accessing a crash report
   73  within 60 days after the date the report is filed, a person must
   74  present a valid driver license or other photographic
   75  identification, proof of status, or identification that
   76  demonstrates his or her qualifications to access that
   77  information and file a written sworn statement with the state or
   78  local agency in possession of the information stating that
   79  information from a crash report made confidential and exempt by
   80  this section will not be used for any commercial solicitation of
   81  accident victims, or knowingly disclosed to any third party for
   82  the purpose of such solicitation, during the period of time that
   83  the information remains confidential and exempt. Such written
   84  sworn statement must be completed and sworn to by the requesting
   85  party for each individual crash report that is being requested
   86  within 60 days after the report is filed. In lieu of requiring
   87  the written sworn statement, an agency may provide crash reports
   88  by electronic means pursuant to a memorandum of understanding to
   89  third-party vendors under contract with one or more insurers,
   90  but only when such contract states that information from a crash
   91  report made confidential and exempt by this section will not be
   92  used for any commercial solicitation of accident victims by the
   93  vendors, or knowingly disclosed by the vendors to any third
   94  party for the purpose of such solicitation, during the period of
   95  time that the information remains confidential and exempt, and
   96  only when a copy of such contract is furnished to the agency as
   97  proof of the vendor’s claimed status.
   98         (e) This subsection does not prevent the dissemination or
   99  publication of news to the general public by any legitimate
  100  media entitled to access confidential and exempt information
  101  pursuant to this section.
  102         (f) Crash reports held by an agency under paragraph (a) may
  103  be made available 60 days after the date the report is filed to
  104  any person or entity eligible to access crash reports under
  105  paragraph (b) or in accordance with any of the permissible uses
  106  listed in 18 U.S.C. s. 2721(b) and pursuant to the resale and
  107  redisclosure requirements in 18 U.S.C. s. 2721(c) Free
  108  newspapers of general circulation published once a week or more
  109  often, of which at least 7,500 copies are distributed by mail or
  110  by carrier as verified by a postal statement or by a notarized
  111  printer’s statement of press run, which are intended to be
  112  generally distributed and circulated, which contain news of
  113  general interest with at least 10 pages per publication,
  114  available and of interest to the public generally for the
  115  dissemination of news, and which request 10 or more crash
  116  reports within a 24-hour period before 60 days have elapsed
  117  after the report is filed may not have access to the home,
  118  cellular, employment, or other telephone number or the home or
  119  employment address of any of the parties involved in the crash.
  120  This paragraph is subject to the Open Government Sunset Review
  121  Act in accordance with s. 119.15 and shall stand repealed on
  122  October 2, 2019, unless reviewed and saved from repeal through
  123  reenactment by the Legislature.
  124         (g)If crash reports are created by or submitted to an
  125  agency electronically as data elements within a computerized
  126  database or if personal information from a crash report is
  127  entered into a computerized database, such crash data held by an
  128  agency is confidential and exempt from s. 119.07(1) and s.
  129  24(a), Art. I of the State Constitution. Sixty days after the
  130  date the crash report is filed, an agency may provide crash data
  131  derived from the crash report which includes personal
  132  information to entities eligible to access the crash report
  133  under paragraphs (b), or in accordance with any of the
  134  permissible uses listed in 18 U.S.C. s. 2721(b) and pursuant to
  135  the resale and redisclosure requirements in 18 U.S.C. s.
  136  2721(c). Such data shall be provided pursuant to a memorandum of
  137  understanding.
  138         (h)This subsection is subject to the Open Government
  139  Sunset Review Act in accordance with s. 119.15 and shall stand
  140  repealed on October 2, 2027, unless reviewed and saved from
  141  repeal through reenactment by the Legislature.
  142         (3)(a) Any driver failing to file the written report
  143  required under subsection (1) commits a noncriminal traffic
  144  infraction, punishable as a nonmoving violation as provided in
  145  chapter 318.
  146         (b) Any employee of a state or local agency in possession
  147  of information made confidential and exempt by this section who
  148  knowingly discloses such confidential and exempt information to
  149  a person not entitled to access such information under this
  150  section commits a felony of the third degree, punishable as
  151  provided in s. 775.082, s. 775.083, or s. 775.084.
  152         (c) Any person, knowing that he or she is not entitled to
  153  obtain information made confidential and exempt by this section,
  154  who obtains or attempts to obtain such information commits a
  155  felony of the third degree, punishable as provided in s.
  156  775.082, s. 775.083, or s. 775.084.
  157         (d) Any person who knowingly uses confidential and exempt
  158  information in violation of a filed written sworn statement,
  159  memorandum of understanding, or contractual agreement required
  160  by this section commits a felony of the third degree, punishable
  161  as provided in s. 775.082, s. 775.083, or s. 775.084.
  162         (e)In addition to penalties outlined in paragraphs (c) and
  163  (d), a person who obtains a crash report or crash data and who
  164  knowingly discloses or knowingly uses personal information
  165  revealed in the report for a purpose not permitted under 18
  166  U.S.C. s. 2721(b) is liable to the individual to whom the
  167  information pertains, who may bring a civil action in any court
  168  of competent jurisdiction. The court may award:
  169         1.Actual damages, but not less than liquidated damages in
  170  the amount of $2,500.
  171         2.Punitive damages upon proof of willful or reckless
  172  disregard of the law.
  173         3.Reasonable attorney fees and other litigation costs
  174  reasonably incurred.
  175         4.Such other preliminary and equitable relief as the court
  176  determines to be appropriate.
  177  
  178  This paragraph does not apply to radio and television stations
  179  licensed by the Federal Communications Commission and newspapers
  180  qualified to publish legal notices under ss. 50.011 and 50.031.
  181         Section 2. Subsection (11) of section 316.650, Florida
  182  Statutes, is amended to read:
  183         316.650 Traffic citations.—
  184         (11)(a)As used in this subsection, the term “driver
  185  information” means a driver’s date of birth, driver license or
  186  identification card number, address excluding the five-digit zip
  187  code, telephone number, motor vehicle license plate number, and
  188  trailer tag number. The term does not include the driver’s name.
  189         (b)1.Driver information contained in a uniform traffic
  190  citation held by an agency is exempt from s. 119.07(1) and s.
  191  24(a), Art. I of the State Constitution. This paragraph applies
  192  to driver information held by an agency before, on, or after the
  193  effective date of the exemption.
  194         2.An agency may release driver information in accordance
  195  with any of the permissible uses listed in 18 U.S.C. s. 2721(b)
  196  in the same manner applicable to the release of personal
  197  information contained in a motor vehicle record pursuant to s.
  198  119.0712(2)(b) and pursuant to the resale and redisclosure
  199  requirements in 18 U.S.C. s. 2721(c).
  200         3.This paragraph is subject to the Open Government Sunset
  201  Review Act in accordance with s. 119.15 and shall stand repealed
  202  on October 2, 2027, unless reviewed and saved from repeal
  203  through reenactment by the Legislature.
  204         (c) Driver information contained in a uniform traffic
  205  citation, including which includes but is not limited to, the
  206  accused person’s name and address, shall not be used for
  207  commercial solicitation purposes. However, the use of such
  208  driver information contained in a uniform traffic citation shall
  209  not be considered a commercial purpose when used for publication
  210  in a newspaper or other news periodical, when used for broadcast
  211  by radio or television, or when used to inform a person of the
  212  availability of driver safety training.
  213         Section 3. (1)The Legislature finds that it is a public
  214  necessity that crash reports that reveal personal information
  215  concerning parties, passengers, and witnesses to a crash for a
  216  period of 60 days after the date the crash report is filed with
  217  an agency; such personal information revealed in crash reports
  218  held by an agency following the 60-day period; and computerized
  219  crash report data held by an agency be confidential and exempt
  220  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
  221  the State Constitution. Crash reports reveal significant
  222  personal information, not only about parties involved in a
  223  crash, but also about passengers and other witnesses to the
  224  crash. Pervasive use of the Internet and related technologies
  225  abet those with malicious purposes in exploiting the use of
  226  personal information revealed in crash reports, such as a
  227  party’s, passenger’s, or witness’s date of birth, driver license
  228  number, and address, creating ever-expanding threats to privacy
  229  and security never envisioned in generations past. Moreover,
  230  ever-increasing use of information technology for the
  231  preparation, submission, and management of crash reports has led
  232  agencies to hold vast repositories of computerized crash report
  233  data, which includes such personal information. Personal
  234  information, when held by the Department of Highway Safety and
  235  Motor Vehicles in driver license and motor vehicle records, is
  236  confidential pursuant to the federal Driver’s Privacy Protection
  237  Act of 1994, 18 U.S.C. ss. 2721 et seq., and s. 119.0712(2),
  238  Florida Statutes. These restrictions on disclosure of personal
  239  information, however, have not applied to personal information
  240  revealed in crash reports. When personal information revealed in
  241  crash reports or computerized crash report data is made
  242  available to the public, because it comprises much of the same
  243  personal information contained in driver license and motor
  244  vehicle records, the protections afforded by the federal
  245  Driver’s Privacy Protection Act of 1994 are significantly
  246  undermined, eroding the privacy and safety of drivers.
  247  Therefore, the Legislature finds that it is a public necessity
  248  to make confidential and exempt from public records requirements
  249  crash reports that reveal personal information concerning
  250  parties, passengers, and witnesses to a crash for a period of 60
  251  days after the date the crash report is filed with an agency;
  252  such personal information revealed in crash reports held by an
  253  agency following the 60-day period; and computerized crash
  254  report data held by an agency.
  255         (2)The Legislature finds that it is a public necessity
  256  that driver information contained in a uniform traffic citation
  257  held by an agency be exempt from s. 119.07(1), Florida Statutes,
  258  and s. 24(a), Article I of the State Constitution. Uniform
  259  traffic citations reveal significant personal information about
  260  drivers issued a citation. Pervasive use of the Internet and
  261  related technologies abet those with malicious purposes in
  262  exploiting the use of personal information contained in traffic
  263  citations, such as a driver’s date of birth, driver license
  264  number, and address, creating ever-expanding threats to privacy
  265  and security never envisioned in generations past. Driver
  266  information, when held by the Department of Highway Safety and
  267  Motor Vehicles in driver license and motor vehicle records, is
  268  confidential pursuant to the federal Driver’s Privacy Protection
  269  Act of 1994, 18 U.S.C. ss. 2721 et seq., and s. 119.0712(2),
  270  Florida Statutes. These restrictions on disclosure of personal
  271  information, however, have not applied to driver information
  272  contained in uniform traffic citations. When driver information
  273  contained in uniform traffic citations is made available to the
  274  public, because it comprises much of the same personal
  275  information contained in driver license and motor vehicle
  276  records, the protections afforded by the federal Driver’s
  277  Privacy Protection Act of 1994 are significantly undermined,
  278  eroding the privacy and safety of drivers. Therefore, the
  279  Legislature finds that it is a public necessity to make exempt
  280  from public records requirements driver information contained in
  281  uniform traffic citations.
  282         Section 4. This act shall take effect March 1, 2023.
  283  
  284  ================= T I T L E  A M E N D M E N T ================
  285  And the title is amended as follows:
  286         Delete everything before the enacting clause
  287  and insert:
  288                        A bill to be entitled                      
  289         An act relating to public records; amending s.
  290         316.066, F.S.; revising agencies to which a public
  291         records exemption for certain motor vehicle crash
  292         reports applies; revising entities to whom crash
  293         reports may be made immediately available; revising
  294         the types of crash reports that may be made
  295         immediately available to certain radio and television
  296         stations and newspapers; providing that crash reports
  297         may be made available to certain third parties subject
  298         to a certain restriction; revising conditions for
  299         accessing crash reports; specifying the availability
  300         of crash reports after a certain period; deleting a
  301         restriction on certain crash report information by
  302         certain newspapers; providing a public records
  303         exemption for certain electronic crash data; providing
  304         for future legislative review and repeal of the
  305         exemptions; revising applicability of a criminal
  306         penalty; providing a private cause of action against a
  307         person who violates certain restrictions relating to
  308         personal information; specifying damages, attorney
  309         fees, costs, and other relief a court may award;
  310         providing construction; amending s. 316.650, F.S.;
  311         defining the term “driver information”; providing an
  312         exemption from public records requirements for driver
  313         information contained in a uniform traffic citation;
  314         providing retroactive applicability; authorizing the
  315         release of driver information under certain
  316         circumstances; providing for future legislative review
  317         and repeal of the exemption; providing statements of
  318         public necessity; providing an effective date.