Florida Senate - 2022                                    SB 1614
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-01654A-22                                          20221614__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         316.066, F.S.; revising an exemption from public
    4         records requirements for written reports of motor
    5         vehicle crashes; revising the agencies holding records
    6         to which the exemption applies; removing a time limit
    7         for the exemption; providing retroactive
    8         applicability; revising entities to which records may
    9         be made available; requiring certain entities to enter
   10         into a memorandum of understanding; revising
   11         conditions precedent to accessing a crash report;
   12         exempting certain computerized crash report data held
   13         by an agency from public records requirements;
   14         providing retroactive applicability; providing
   15         construction; providing for future legislative review
   16         and repeal of the exemptions; revising applicability
   17         of penalties; amending s. 316.650, F.S.; defining the
   18         term “driver information”; providing an exemption from
   19         public records requirements for driver information
   20         contained in a uniform traffic citation; providing
   21         retroactive applicability; authorizing the release of
   22         driver information under certain circumstances;
   23         providing for future legislative review and repeal of
   24         the exemption; revising a prohibition against the use
   25         of driver information for commercial solicitation
   26         purposes; providing statements of public necessity;
   27         providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Subsections (2) and (3) of section 316.066,
   32  Florida Statutes, are amended to read:
   33         316.066 Written reports of crashes.—
   34         (2)(a) Crash reports that reveal the identity of, home or
   35  employment telephone number or home or employment address of, or
   36  other personal information concerning the parties involved in
   37  the crash and that are held by an any agency as defined in s.
   38  119.011 that regularly receives or prepares information from or
   39  concerning the parties to motor vehicle crashes are confidential
   40  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   41  Constitution. This exemption applies to such crash reports held
   42  by an agency before, on, or after the effective date of the
   43  exemption for a period of 60 days after the date the report is
   44  filed.
   45         (b) Crash reports held by an agency under paragraph (a) may
   46  be made immediately available to the parties involved in the
   47  crash, their legal representatives, their licensed insurance
   48  agents, their insurers or insurers to which they have applied
   49  for coverage, persons under contract with such insurers to
   50  provide claims or underwriting information, prosecutorial
   51  authorities, law enforcement agencies, the Department of
   52  Transportation, the Department of Health, county and municipal
   53  traffic operations, victim services programs, and any private
   54  person or entity acting on behalf of a federal, state, or local
   55  governmental agency in carrying out its functions radio and
   56  television stations licensed by the Federal Communications
   57  Commission, newspapers qualified to publish legal notices under
   58  ss. 50.011 and 50.031, and, in accordance with paragraph (f),
   59  free newspapers of general circulation, published once a week or
   60  more often, of which at least 7,500 copies are distributed by
   61  mail or by carrier as verified by a postal statement or by a
   62  notarized printer’s statement of press run, which are intended
   63  to be generally distributed and circulated, and which contain
   64  news of general interest with at least 10 pages per publication,
   65  available and of interest to the public generally for the
   66  dissemination of news. For the purposes of this section, the
   67  following products or publications are not newspapers as
   68  referred to in this section: those intended primarily for
   69  members of a particular profession or occupational group; those
   70  with the primary purpose of distributing advertising; and those
   71  with the primary purpose of publishing names and other personal
   72  identifying information concerning parties to motor vehicle
   73  crashes.
   74         (c) A federal, state, or Any local governmental, state, or
   75  federal agency, or any private person or entity acting on behalf
   76  of a federal, state, or local governmental agency in carrying
   77  out its functions, which that is authorized to have access to
   78  crash reports by any provision of law shall be granted such
   79  access in the furtherance of the agency’s statutory duties
   80  pursuant to a memorandum of understanding approved by the agency
   81  holding the crash reports which requires that personal
   82  information contained in the crash reports remain confidential
   83  and exempt.
   84         (d) As a condition precedent to accessing a crash report
   85  within 60 days after the date the report is filed, a person must
   86  submit to the agency that holds the crash report, in a format
   87  prescribed by the agency, present a valid driver license or
   88  other photographic identification, proof of status, or
   89  identification that demonstrates his or her qualifications to
   90  access that information and file a written sworn statement
   91  attesting to the person’s identity, authority to access the
   92  crash report under paragraph (b), and agreement to keep the with
   93  the state or local agency in possession of the information
   94  stating that information from a crash report made confidential
   95  and refrain from using the crash report exempt by this section
   96  will not be used for any commercial solicitation of accident
   97  victims, or knowingly disclosing the crash report disclosed to
   98  any third party for the purpose of such solicitation, or
   99  knowingly disclosing the crash report to any third party that is
  100  not authorized by this section to access such personal
  101  information during the period of time that the information
  102  remains confidential and exempt. Such written sworn statement
  103  must be completed and sworn to by the requesting party for each
  104  individual crash report that is being requested within 60 days
  105  after the report is filed. In lieu of requiring the written
  106  sworn statement, an agency may provide crash reports by
  107  electronic means pursuant to a memorandum of understanding that
  108  requires third-party vendors under contract with one or more
  109  insurers, but only when such contract states that personal
  110  information contained in from a crash report remain made
  111  confidential and exempt and prohibits such personal information
  112  from being by this section will not be used for any commercial
  113  solicitation of accident victims by the vendors, or knowingly
  114  disclosed by the vendors to any third party who is not
  115  authorized by this section to access such personal information
  116  for the purpose of such solicitation, during the period of time
  117  that the information remains confidential and exempt, and only
  118  when a copy of such contract is furnished to the agency as proof
  119  of the vendor’s claimed status.
  120         (e) This subsection does not prohibit an agency from
  121  providing summary reports of crashes to radio and television
  122  stations, newspapers, and other news media, which reports may
  123  disclose information about crashes, including, but not limited
  124  to, the time, date, and location of a crash; the name, age,
  125  gender, race, and ethnicity of any driver involved in the crash;
  126  a general description of any vehicle involved in the crash,
  127  including the vehicle’s color, make, model, body style, and
  128  year; the names of the law enforcement agencies and officers
  129  responding to the scene or investigating the crash; the
  130  circumstances of the crash; and whether any arrests were made or
  131  traffic citations were issued prevent the dissemination or
  132  publication of news to the general public by any legitimate
  133  media entitled to access confidential and exempt information
  134  pursuant to this section.
  135         (f) If crash reports are created by or submitted to an
  136  agency electronically as data elements within a computerized
  137  database, or if personal information from a crash report is
  138  entered into a computerized database, such crash report data
  139  held by an agency is confidential and exempt from s. 119.07(1)
  140  and s. 24(a), Art. I of the State Constitution. This exemption
  141  applies to such crash report data held by an agency before, on,
  142  or after the effective date of the exemption. This paragraph
  143  does not prevent an agency from disclosing:
  144         1.A crash report pursuant to paragraphs (b)–(d) which is
  145  rendered as an individual report in its original format, whether
  146  printed as a paper document or provided in electronic format
  147  such as Portable Document Format or Tagged Image File Format.
  148         2.Extracts of crash report data if all personal
  149  information is omitted from the extracts.
  150         (g)Free newspapers of general circulation published once a
  151  week or more often, of which at least 7,500 copies are
  152  distributed by mail or by carrier as verified by a postal
  153  statement or by a notarized printer’s statement of press run,
  154  which are intended to be generally distributed and circulated,
  155  which contain news of general interest with at least 10 pages
  156  per publication, available and of interest to the public
  157  generally for the dissemination of news, and which request 10 or
  158  more crash reports within a 24-hour period before 60 days have
  159  elapsed after the report is filed may not have access to the
  160  home, cellular, employment, or other telephone number or the
  161  home or employment address of any of the parties involved in the
  162  crash. This subsection paragraph is subject to the Open
  163  Government Sunset Review Act in accordance with s. 119.15 and
  164  shall stand repealed on October 2, 2027 2019, unless reviewed
  165  and saved from repeal through reenactment by the Legislature.
  166         (3)(a) A Any driver failing to file the written report
  167  required under subsection (1) commits a noncriminal traffic
  168  infraction, punishable as a nonmoving violation as provided in
  169  chapter 318.
  170         (b) An Any employee of an a state or local agency, as
  171  defined in s. 119.011, in possession of information made
  172  confidential and exempt by this section who knowingly discloses
  173  such confidential and exempt information to a person not
  174  entitled to access such information under this section commits a
  175  felony of the third degree, punishable as provided in s.
  176  775.082, s. 775.083, or s. 775.084.
  177         (c) A Any person who, knowing that he or she is not
  178  entitled to obtain information made confidential and exempt by
  179  this section, who obtains or attempts to obtain such information
  180  commits a felony of the third degree, punishable as provided in
  181  s. 775.082, s. 775.083, or s. 775.084.
  182         (d) A Any person who knowingly uses confidential and exempt
  183  information in violation of a filed written sworn statement,
  184  memorandum of understanding, or contractual agreement required
  185  by this section commits a felony of the third degree, punishable
  186  as provided in s. 775.082, s. 775.083, or s. 775.084.
  187         Section 2. Subsection (11) of section 316.650, Florida
  188  Statutes, is amended to read:
  189         316.650 Traffic citations.—
  190         (11)(a)As used in this subsection, the term “driver
  191  information” means a driver’s date of birth, driver license
  192  number, address excluding the five-digit zip code, telephone
  193  number, motor vehicle license plate number, and trailer tag
  194  number. The term does not include the driver’s name.
  195         (b)1.Driver information contained in a uniform traffic
  196  citation held by an agency is exempt from s. 119.07(1) and s.
  197  24(a), Art. I of the State Constitution. This paragraph applies
  198  to driver information held by an agency before, on, or after the
  199  effective date of the exemption.
  200         2.An agency may release driver information in accordance
  201  with any of the permissible uses listed in 18 U.S.C. s. 2721(b)
  202  in the same manner applicable to the release of personal
  203  information contained in a motor vehicle record pursuant to s.
  204  119.0712(2)(b).
  205         3.This paragraph is subject to the Open Government Sunset
  206  Review Act in accordance with s. 119.15 and shall stand repealed
  207  on October 2, 2027, unless reviewed and saved from repeal
  208  through reenactment by the Legislature.
  209         (c) Driver information contained in a uniform traffic
  210  citation may, which includes but is not limited to, the accused
  211  person’s name and address, shall not be used for commercial
  212  solicitation purposes. However, the use of such driver
  213  information contained in a uniform traffic citation shall not be
  214  considered a commercial purpose when used for publication in a
  215  newspaper or other news periodical, when used for broadcast by
  216  radio or television, or when used to inform a person of the
  217  availability of driver safety training.
  218         Section 3. (1)The Legislature finds that it is a public
  219  necessity that crash reports that reveal personal information
  220  concerning parties involved in a crash and the computerized
  221  crash report data be confidential and exempt from s. 119.07(1),
  222  Florida Statutes, and s. 24(a), Article I of the State
  223  Constitution. Crash reports reveal significant personal
  224  information, not only about drivers involved in a crash but also
  225  about motor vehicle owners, motor vehicle passengers, and other
  226  witnesses and about owners of nonvehicle property damaged in a
  227  crash. Pervasive use of the Internet and related technologies
  228  abet those with malicious purposes in exploiting the use of
  229  personal information, such as a motorist’s date of birth, driver
  230  license number, and address, creating ever-expanding threats to
  231  motorist privacy and security never envisioned in generations
  232  past. Moreover, ever-increasing use of information technology
  233  for the preparation, submission, and management of crash reports
  234  has led agencies to hold vast repositories of computerized crash
  235  report data, which includes such personal information. Motorist
  236  personal information, when held by the Department of Highway
  237  Safety and Motor Vehicles in motor vehicle records, is
  238  confidential pursuant to the federal Driver’s Privacy Protection
  239  Act of 1994, 18 U.S.C. ss. 2721 et seq., and s. 119.0712(2),
  240  Florida Statutes. These restrictions on disclosure of motorist
  241  personal information, however, have not applied to personal
  242  information contained in crash reports. When crash reports and
  243  computerized crash report data are made available to the public,
  244  because they comprise much of the same personal information
  245  contained in motor vehicle records, the protections afforded by
  246  the federal Driver’s Privacy Protection Act of 1994 are
  247  significantly undermined, eroding the privacy and safety of
  248  motorists. Therefore, the Legislature finds that it is a public
  249  necessity to make confidential and exempt from public records
  250  requirements crash reports that reveal personal information and
  251  computerized crash report data.
  252         (2)The Legislature finds that it is a public necessity
  253  that driver information contained in a uniform traffic citation
  254  held by an agency be exempt from s. 119.07(1), Florida Statutes,
  255  and s. 24(a), Article I of the State Constitution. Uniform
  256  traffic citations reveal significant personal information about
  257  drivers issued a citation. Pervasive use of the Internet and
  258  related technologies abet those with malicious purposes in
  259  exploiting the use of personal information, such as a motorist’s
  260  date of birth, driver license number, and address, creating
  261  ever-expanding threats to motorist privacy and security never
  262  envisioned in generations past. Motorist personal information,
  263  when held by the Department of Highway Safety and Motor Vehicles
  264  in motor vehicle records, is confidential pursuant to the
  265  federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. ss.
  266  2721 et seq., and s. 119.0712(2), Florida Statutes. These
  267  restrictions on disclosure of motorist personal information,
  268  however, have not applied to driver information contained in
  269  uniform traffic citations. When driver information contained in
  270  uniform traffic citations is made available to the public,
  271  because it comprises much of the same personal information
  272  contained in motor vehicle records, the protections afforded by
  273  the federal Driver’s Privacy Protection Act of 1994 are
  274  significantly undermined, eroding the privacy and safety of
  275  motorists. Therefore, the Legislature finds that it is a public
  276  necessity to make exempt from public records requirements driver
  277  information contained in uniform traffic citations.
  278         Section 4. This act shall take effect July 1, 2022.