Florida Senate - 2022 CS for SB 1614
By the Committee on Transportation; and Senator Harrell
596-02086-22 20221614c1
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; specifying a limitation on
10 redisclosing crash reports by third parties; requiring
11 certain entities to enter into a memorandum of
12 understanding; revising conditions precedent to
13 accessing a crash report; exempting certain
14 computerized crash report data held by an agency from
15 public records requirements; providing retroactive
16 applicability; providing construction; providing for
17 future legislative review and repeal of the
18 exemptions; revising applicability of penalties;
19 amending s. 316.650, F.S.; defining the term “driver
20 information”; providing an exemption from public
21 records requirements for driver information contained
22 in a uniform traffic citation; providing retroactive
23 applicability; authorizing the release of driver
24 information under certain circumstances; providing for
25 future legislative review and repeal of the exemption;
26 revising a prohibition against the use of driver
27 information for commercial solicitation purposes;
28 providing statements of public necessity; providing an
29 effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Subsections (2) and (3) of section 316.066,
34 Florida Statutes, are amended to read:
35 316.066 Written reports of crashes.—
36 (2)(a) Crash reports that reveal the identity of, home or
37 employment telephone number or home or employment address of, or
38 other personal information concerning the parties involved in
39 the crash and that are held by an any agency as defined in s.
40 119.011 that regularly receives or prepares information from or
41 concerning the parties to motor vehicle crashes are confidential
42 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
43 Constitution. This exemption applies to such crash reports held
44 by an agency before, on, or after the effective date of the
45 exemption for a period of 60 days after the date the report is
46 filed.
47 (b)1. Crash reports held by an agency under paragraph (a)
48 may be made immediately available to the parties involved in the
49 crash, their legal representatives, their licensed insurance
50 agents, their insurers or insurers to which they have applied
51 for coverage, persons under contract with such insurers to
52 provide claims or underwriting information, prosecutorial
53 authorities, law enforcement agencies, the Department of
54 Transportation, the Department of Health, county and municipal
55 traffic operations, victim services programs, and any federal,
56 state, or local governmental agency in carrying out its
57 functions.
58 2. A crash report may also be made available to any third
59 party acting on behalf of a person or entity authorized under
60 subparagraph 1. to access the crash report, except that the
61 third party may redisclose the crash report only to the person
62 or entity authorized to access the crash report under
63 subparagraph 1. on whose behalf the third party has sought the
64 report radio and television stations licensed by the Federal
65 Communications Commission, newspapers qualified to publish legal
66 notices under ss. 50.011 and 50.031, and, in accordance with
67 paragraph (f), free newspapers of general circulation, published
68 once a week or more often, of which at least 7,500 copies are
69 distributed by mail or by carrier as verified by a postal
70 statement or by a notarized printer’s statement of press run,
71 which are intended to be generally distributed and circulated,
72 and which contain news of general interest with at least 10
73 pages per publication, available and of interest to the public
74 generally for the dissemination of news. For the purposes of
75 this section, the following products or publications are not
76 newspapers as referred to in this section: those intended
77 primarily for members of a particular profession or occupational
78 group; those with the primary purpose of distributing
79 advertising; and those with the primary purpose of publishing
80 names and other personal identifying information concerning
81 parties to motor vehicle crashes.
82 (c) A federal, state, or Any local governmental, state, or
83 federal agency, or any private person or entity acting on behalf
84 of a federal, state, or local governmental agency in carrying
85 out its functions, which that is authorized to have access to
86 crash reports by any provision of law shall be granted such
87 access in the furtherance of the agency’s statutory duties
88 pursuant to a memorandum of understanding approved by the agency
89 holding the crash reports which requires that personal
90 information contained in the crash reports remain confidential
91 and exempt.
92 (d) As a condition precedent to accessing a crash report
93 within 60 days after the date the report is filed, a person must
94 submit to the agency that holds the crash report, in a format
95 prescribed by the agency, present a valid driver license or
96 other photographic identification, proof of status, or
97 identification that demonstrates his or her qualifications to
98 access that information and file a written sworn statement
99 attesting to the person’s identity, authority to access the
100 crash report under paragraph (b), and agreement to refrain from
101 using the with the state or local agency in possession of the
102 information stating that information from a crash report made
103 confidential and exempt by this section will not be used for any
104 commercial solicitation of accident victims, or knowingly
105 redisclosing the crash report disclosed to any third party for
106 the purpose of such solicitation, during the period of time that
107 the information remains confidential and exempt. Such written
108 sworn statement must be completed and sworn to by the requesting
109 party for each individual crash report that is being requested
110 within 60 days after the report is filed. In lieu of requiring
111 the written sworn statement, an agency may provide crash reports
112 by electronic means pursuant to a memorandum of understanding
113 that requires third-party vendors under contract with one or
114 more insurers, but only when such contract states that personal
115 information contained in from a crash report remain made
116 confidential and exempt and prohibits such personal information
117 from being by this section will not be used for any commercial
118 solicitation of accident victims by the vendors, or knowingly
119 disclosed by the vendors to any third party who is not
120 authorized by this section to access such personal information
121 for the purpose of such solicitation, during the period of time
122 that the information remains confidential and exempt, and only
123 when a copy of such contract is furnished to the agency as proof
124 of the vendor’s claimed status.
125 (e) This subsection does not prohibit an agency from
126 providing summary reports of crashes to radio and television
127 stations, newspapers, and other news media, which reports may
128 disclose information about crashes, including, but not limited
129 to, the time, date, and location of a crash; the name, age,
130 gender, race, and ethnicity of any driver involved in the crash;
131 a general description of any vehicle involved in the crash,
132 including the vehicle’s color, make, model, body style, and
133 year; the names of the law enforcement agencies and officers
134 responding to the scene or investigating the crash; the
135 circumstances of the crash; and whether any arrests were made or
136 traffic citations were issued prevent the dissemination or
137 publication of news to the general public by any legitimate
138 media entitled to access confidential and exempt information
139 pursuant to this section.
140 (f) If crash reports are created by or submitted to an
141 agency electronically as data elements within a computerized
142 database, or if personal information from a crash report is
143 entered into a computerized database, such crash report data
144 held by an agency is confidential and exempt from s. 119.07(1)
145 and s. 24(a), Art. I of the State Constitution. This exemption
146 applies to such crash report data held by an agency before, on,
147 or after the effective date of the exemption. This paragraph
148 does not prevent an agency from disclosing:
149 1. A crash report pursuant to paragraphs (b)–(d) which is
150 rendered as an individual report in its original format, whether
151 printed as a paper document or provided in electronic format
152 such as Portable Document Format or Tagged Image File Format.
153 2. Extracts of crash report data if all personal
154 information is omitted from the extracts.
155 (g) Free newspapers of general circulation published once a
156 week or more often, of which at least 7,500 copies are
157 distributed by mail or by carrier as verified by a postal
158 statement or by a notarized printer’s statement of press run,
159 which are intended to be generally distributed and circulated,
160 which contain news of general interest with at least 10 pages
161 per publication, available and of interest to the public
162 generally for the dissemination of news, and which request 10 or
163 more crash reports within a 24-hour period before 60 days have
164 elapsed after the report is filed may not have access to the
165 home, cellular, employment, or other telephone number or the
166 home or employment address of any of the parties involved in the
167 crash. This subsection paragraph is subject to the Open
168 Government Sunset Review Act in accordance with s. 119.15 and
169 shall stand repealed on October 2, 2027 2019, unless reviewed
170 and saved from repeal through reenactment by the Legislature.
171 (3)(a) A Any driver failing to file the written report
172 required under subsection (1) commits a noncriminal traffic
173 infraction, punishable as a nonmoving violation as provided in
174 chapter 318.
175 (b) An Any employee of an a state or local agency, as
176 defined in s. 119.011, in possession of information made
177 confidential and exempt by this section who knowingly discloses
178 such confidential and exempt information to a person not
179 entitled to access such information under this section commits a
180 felony of the third degree, punishable as provided in s.
181 775.082, s. 775.083, or s. 775.084.
182 (c) A Any person who, knowing that he or she is not
183 entitled to obtain information made confidential and exempt by
184 this section, who obtains or attempts to obtain such information
185 commits a felony of the third degree, punishable as provided in
186 s. 775.082, s. 775.083, or s. 775.084.
187 (d) A Any person who knowingly uses confidential and exempt
188 information in violation of a filed written sworn statement,
189 memorandum of understanding, or contractual agreement required
190 by this section commits a felony of the third degree, punishable
191 as provided in s. 775.082, s. 775.083, or s. 775.084.
192 Section 2. Subsection (11) of section 316.650, Florida
193 Statutes, is amended to read:
194 316.650 Traffic citations.—
195 (11)(a) As used in this subsection, the term “driver
196 information” means a driver’s date of birth, driver license
197 number, address excluding the five-digit zip code, telephone
198 number, motor vehicle license plate number, and trailer tag
199 number. The term does not include the driver’s name.
200 (b)1. Driver information contained in a uniform traffic
201 citation held by an agency is exempt from s. 119.07(1) and s.
202 24(a), Art. I of the State Constitution. This paragraph applies
203 to driver information held by an agency before, on, or after the
204 effective date of the exemption.
205 2. An agency may release driver information in accordance
206 with any of the permissible uses listed in 18 U.S.C. s. 2721(b)
207 in the same manner applicable to the release of personal
208 information contained in a motor vehicle record pursuant to s.
209 119.0712(2)(b).
210 3. This paragraph is subject to the Open Government Sunset
211 Review Act in accordance with s. 119.15 and shall stand repealed
212 on October 2, 2027, unless reviewed and saved from repeal
213 through reenactment by the Legislature.
214 (c) Driver information contained in a uniform traffic
215 citation may, which includes but is not limited to, the accused
216 person’s name and address, shall not be used for commercial
217 solicitation purposes. However, the use of such driver
218 information contained in a uniform traffic citation shall not be
219 considered a commercial purpose when used for publication in a
220 newspaper or other news periodical, when used for broadcast by
221 radio or television, or when used to inform a person of the
222 availability of driver safety training.
223 Section 3. (1) The Legislature finds that it is a public
224 necessity that crash reports that reveal personal information
225 concerning parties involved in a crash and the computerized
226 crash report data be confidential and exempt from s. 119.07(1),
227 Florida Statutes, and s. 24(a), Article I of the State
228 Constitution. Crash reports reveal significant personal
229 information, not only about drivers involved in a crash but also
230 about motor vehicle owners, motor vehicle passengers, and other
231 witnesses and about owners of nonvehicle property damaged in a
232 crash. Pervasive use of the Internet and related technologies
233 abet those with malicious purposes in exploiting the use of
234 personal information, such as a motorist’s date of birth, driver
235 license number, and address, creating ever-expanding threats to
236 motorist privacy and security never envisioned in generations
237 past. Moreover, ever-increasing use of information technology
238 for the preparation, submission, and management of crash reports
239 has led agencies to hold vast repositories of computerized crash
240 report data, which includes such personal information. Motorist
241 personal information, when held by the Department of Highway
242 Safety and Motor Vehicles in motor vehicle records, is
243 confidential pursuant to the federal Driver’s Privacy Protection
244 Act of 1994, 18 U.S.C. ss. 2721 et seq., and s. 119.0712(2),
245 Florida Statutes. These restrictions on disclosure of motorist
246 personal information, however, have not applied to personal
247 information contained in crash reports. When crash reports and
248 computerized crash report data are made available to the public,
249 because they comprise much of the same personal information
250 contained in motor vehicle records, the protections afforded by
251 the federal Driver’s Privacy Protection Act of 1994 are
252 significantly undermined, eroding the privacy and safety of
253 motorists. Therefore, the Legislature finds that it is a public
254 necessity to make confidential and exempt from public records
255 requirements crash reports that reveal personal information and
256 computerized crash report data.
257 (2) The Legislature finds that it is a public necessity
258 that driver information contained in a uniform traffic citation
259 held by an agency be exempt from s. 119.07(1), Florida Statutes,
260 and s. 24(a), Article I of the State Constitution. Uniform
261 traffic citations reveal significant personal information about
262 drivers issued a citation. Pervasive use of the Internet and
263 related technologies abet those with malicious purposes in
264 exploiting the use of personal information, such as a motorist’s
265 date of birth, driver license number, and address, creating
266 ever-expanding threats to motorist privacy and security never
267 envisioned in generations past. Motorist personal information,
268 when held by the Department of Highway Safety and Motor Vehicles
269 in motor vehicle records, is confidential pursuant to the
270 federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. ss.
271 2721 et seq., and s. 119.0712(2), Florida Statutes. These
272 restrictions on disclosure of motorist personal information,
273 however, have not applied to driver information contained in
274 uniform traffic citations. When driver information contained in
275 uniform traffic citations is made available to the public,
276 because it comprises much of the same personal information
277 contained in motor vehicle records, the protections afforded by
278 the federal Driver’s Privacy Protection Act of 1994 are
279 significantly undermined, eroding the privacy and safety of
280 motorists. Therefore, the Legislature finds that it is a public
281 necessity to make exempt from public records requirements driver
282 information contained in uniform traffic citations.
283 Section 4. This act shall take effect July 1, 2022.