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.