Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1085, 1st Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senator DiCeglie moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 199 - 255
    4  and insert:
    5  subsection (1) of section 316.066, Florida Statutes, is amended
    6  to read:
    7         316.066 Written reports of crashes; electronic submission.—
    8         (1)(a) All traffic law enforcement agencies must provide
    9  uniform crash reports by electronic means to the department
   10  using a nonproprietary, interchangeable electronic form and
   11  reporting method. For purposes of this section, the term
   12  “nonproprietary” means a commonly used and commercially
   13  available report format and reporting method. Such crash reports
   14  must be consistent with the state traffic crash manual rules and
   15  the procedures established by the department and must be
   16  appropriately numbered and inventoried. A Florida Traffic Crash
   17  Report, Long Form must be completed and electronically submitted
   18  to the department within 10 days after an investigation is
   19  completed by the law enforcement officer who in the regular
   20  course of duty investigates a motor vehicle crash that:
   21         1. Resulted in death of, personal injury to, or any
   22  indication of complaints of pain or discomfort by any of the
   23  parties or passengers involved in the crash;
   24         2. Involved a violation of s. 316.061(1) or s. 316.193;
   25         3. Rendered a vehicle inoperable to a degree that required
   26  a wrecker to remove it from the scene of the crash; or
   27         4. Involved a commercial motor vehicle.
   28         Section 4. Paragraph (b) of subsection (2) of section
   29  316.066, Florida Statutes, as amended by section 1 of chapter
   30  2022-198, Laws of Florida, is amended to read:
   31         316.066 Written reports of crashes
   32         (2)
   33         (b) Crash reports held by an agency under paragraph (a) may
   34  be made immediately available to the parties involved in the
   35  crash, their legal representatives, their licensed insurance
   36  agents, their insurers or insurers to which they have applied
   37  for coverage, persons under contract with such insurers to
   38  provide claims or underwriting information, law enforcement
   39  agencies and their contracted service providers, victim services
   40  programs, and any federal, state, or local governmental agency
   41  or any private person or entity acting on behalf of a federal,
   42  state, or local governmental agency in carrying out its
   43  functions, but not for redistribution to any person or entity
   44  not listed in this subsection. Crash reports held by an agency
   45  under paragraph (a) which do not contain the home or employment
   46  street addresses, driver license or identification card numbers,
   47  dates of birth, and home and employment telephone numbers of the
   48  parties involved in the crash shall be made immediately
   49  available to radio and television stations licensed by the
   50  Federal Communications Commission and newspapers qualified to
   51  publish legal notices under ss. 50.011 and 50.031. A crash
   52  report may also be made available to any third party acting on
   53  behalf of a person or entity authorized under this section to
   54  access the crash report, except that the third party may
   55  disclose the crash report only to the person or entity
   56  authorized to access the crash report under this section on
   57  whose behalf the third party has sought the report. This section
   58  shall not prevent an agency, pursuant to a memorandum of
   59  understanding, from providing data derived from crash reports to
   60  a third party solely for the purpose of identifying vehicles
   61  involved in crashes if such data does not reveal the identity,
   62  home or employment telephone number or home or employment
   63  address, or other personal information of the parties involved
   64  in the crash.