HB 1121 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1121-00
Page 1 of 11
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to public records; amending s. 2
316.066, F.S.; revising an exemption from public 3
records requirements for written reports of crashes; 4
revising the agencies that hold records to which the 5
exemption applies; removing a time limit for the 6
exemption; providing applicability; revising entities 7
to which records may be made available; requiring 8
certain entities to enter into a memorandum of 9
understanding; revising conditions precedent to 10
accessing a crash report; exempting certain 11
computerized crash report data; providing 12
construction; providing for future review and repeal; 13
providing penalties; amending s. 316.650, F.S.; 14
defining the term "driver informati on"; providing an 15
exemption from public records requirements for driver 16
information contained in a uniform traffic citation; 17
providing applicability; authorizing release of driver 18
information under certain circumstances; providing for 19
future review and rep eal; providing statements of 20
public necessity; providing an effective date. 21
22
Be It Enacted by the Legislature of the State of Florida: 23
24
Section 1. Subsections (2) and (3) of section 316.066, 25
HB 1121 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1121-00
Page 2 of 11
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Florida Statutes, are amended to read: 26
316.066 Written reports of crashes.— 27
(2)(a) Crash reports that reveal the identity of, home or 28
employment telephone number or home or employment address of, or 29
other personal information concerning the parties involved in 30
the crash and that are held by an any agency as defined in s. 31
119.011 that regularly receives or prepares information from or 32
concerning the parties to motor vehicle crashes are confidential 33
and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 34
Constitution. This exemption applies to such crash reports held 35
by an agency before, on, or after the effective date of the 36
exemption for a period of 60 days after the date the report is 37
filed. 38
(b) Crash reports held by an agency under paragraph (a) 39
may be made immediately available to the parties invo lved in the 40
crash, their legal representatives, their licensed insurance 41
agents, their insurers or insurers to which they have applied 42
for coverage, persons under contract with such insurers to 43
provide claims or underwriting information, prosecutorial 44
authorities, law enforcement agencies, the Department of 45
Transportation, the Department of Health, county and municipal 46
traffic operations, victim services programs, and any private 47
person or entity acting on behalf of a federal, state, or local 48
governmental agency in carrying out its functions radio and 49
television stations licensed by the Federal Communications 50
HB 1121 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1121-00
Page 3 of 11
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Commission, newspapers qualified to publish legal notices under 51
ss. 50.011 and 50.031, and, in accordance with paragraph (f), 52
free newspapers of genera l circulation, published once a week or 53
more often, of which at least 7,500 copies are distributed by 54
mail or by carrier as verified by a postal statement or by a 55
notarized printer's statement of press run, which are intended 56
to be generally distributed an d circulated, and which contain 57
news of general interest with at least 10 pages per publication, 58
available and of interest to the public generally for the 59
dissemination of news. For the purposes of this section, the 60
following products or publications are n ot newspapers as 61
referred to in this section: those intended primarily for 62
members of a particular profession or occupational group; those 63
with the primary purpose of distributing advertising; and those 64
with the primary purpose of publishing names and othe r personal 65
identifying information concerning parties to motor vehicle 66
crashes. 67
(c) A federal, state, or Any local governmental, state, or 68
federal agency, or any private person or entity acting on behalf 69
of a federal, state, or local governmental agency in carrying 70
out its functions, which that is authorized to have access to 71
crash reports by any provision of law shall be granted such 72
access in the furtherance of the agency's statutory duties 73
pursuant to a memorandum of understanding approved by the agenc y 74
holding the crash reports which requires that personal 75
HB 1121 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1121-00
Page 4 of 11
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
information contained in the crash reports remain confidential 76
and exempt. 77
(d) As a condition precedent to accessing a crash report 78
within 60 days after the date the report is filed , a person must 79
submit to the agency that holds the crash report, in a format 80
prescribed by the agency, present a valid driver license or 81
other photographic identification, proof of status, or 82
identification that demonstrates his or her qualifications to 83
access that information and file a written sworn statement 84
attesting to the person's identity, authority to access the 85
crash report under paragraph (b), and agreement to keep the with 86
the state or local agency in possession of the information 87
stating that information from a crash report made confidential 88
and refrain from using the crash report exempt by this section 89
will not be used for any commercial solicitation of accident 90
victims, or knowingly disclosing the crash report disclosed to 91
any third party for the purpose of s uch solicitation, or 92
knowingly disclosing the crash report to any third party that is 93
not authorized by this section to access such personal 94
information during the period of time that the information 95
remains confidential and exempt . Such written sworn statement 96
must be completed and sworn to by the requesting party for each 97
individual crash report that is being requested within 60 days 98
after the report is filed . In lieu of requiring the written 99
sworn statement, an agency may provide crash reports by 100
HB 1121 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1121-00
Page 5 of 11
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
electronic means pursuant to a memorandum of understanding that 101
requires third-party vendors under contract with one or more 102
insurers, but only when such contract states that personal 103
information contained in from a crash report remain made 104
confidential and exempt and prohibits such personal information 105
from being by this section will not be used for any commercial 106
solicitation of accident victims by the vendors, or knowingly 107
disclosed by the vendors to any third party who is not 108
authorized by this section to access such personal information 109
for the purpose of such solicitation, during the period of time 110
that the information remains confidential and exempt, and only 111
when a copy of such contract is furnished to the agency as proof 112
of the vendor's claimed stat us. 113
(e) This subsection does not prohibit an agency from 114
providing summary reports of crashes to radio and television 115
stations, newspapers, and other news media, which reports may 116
disclose information about crashes, including, but not limited 117
to, the time, date, and location of a crash; the name, age, 118
gender, race, and ethnicity of any driver involved in the crash; 119
a general description of any vehicle involved in the crash, 120
including the vehicle's color, make, model, body style, and 121
year; the names of the law enforcement agencies and officers 122
responding to the scene or investigating the crash; the 123
circumstances of the crash; and whether any arrests were made or 124
traffic citations were issued prevent the dissemination or 125
HB 1121 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1121-00
Page 6 of 11
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
publication of news to the general pu blic by any legitimate 126
media entitled to access confidential and exempt information 127
pursuant to this section . 128
(f) If crash reports are created by or submitted to an 129
agency electronically as data elements within a computerized 130
database, or if personal inf ormation from a crash report is 131
entered into a computerized database, such crash report data 132
held by an agency is confidential and exempt from s. 119.07(1) 133
and s. 24(a), Art. I of the State Constitution. This exemption 134
applies to such crash report data hel d by an agency before, on, 135
or after the effective date of the exemption. This paragraph 136
does not prevent an agency from disclosing: 137
1. A crash report pursuant to paragraphs (b) –(d) which is 138
rendered as an individual report in its original format, whether 139
printed as a paper document or provided in electronic format 140
such as portable document format or tagged image file format. 141
2. Extracts of crash report data if all personal 142
information is omitted from the extracts. 143
(g)(f) Free newspapers of general cir culation published 144
once a week or more often, of which at least 7,500 copies are 145
distributed by mail or by carrier as verified by a postal 146
statement or by a notarized printer's statement of press run, 147
which are intended to be generally distributed and circ ulated, 148
which contain news of general interest with at least 10 pages 149
per publication, available and of interest to the public 150
HB 1121 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1121-00
Page 7 of 11
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
generally for the dissemination of news, and which request 10 or 151
more crash reports within a 24 -hour period before 60 days have 152
elapsed after the report is filed may not have access to the 153
home, cellular, employment, or other telephone number or the 154
home or employment address of any of the parties involved in the 155
crash. This subsection paragraph is subject to the Open 156
Government Sunset Review Act in accordance with s. 119.15 and 157
shall stand repealed on October 2, 2026 2019, unless reviewed 158
and saved from repeal through reenactment by the Legislature. 159
(3)(a) A Any driver failing to file the written report 160
required under subsection ( 1) commits a noncriminal traffic 161
infraction, punishable as a nonmoving violation as provided in 162
chapter 318. 163
(b) An Any employee of an a state or local agency, as 164
defined in s. 119.011, in possession of information made 165
confidential and exempt by this section who knowingly discloses 166
such confidential and exempt information to a person not 167
entitled to access such information under this section commits a 168
felony of the third degree, punisha ble as provided in s. 169
775.082, s. 775.083, or s. 775.084. 170
(c) A Any person who, knowing that he or she is not 171
entitled to obtain information made confidential and exempt by 172
this section, who obtains or attempts to obtain such information 173
commits a felony of the third degree, punishable as provided in 174
s. 775.082, s. 775.083, or s. 775.084. 175
HB 1121 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1121-00
Page 8 of 11
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(d) A Any person who knowingly uses confidential and 176
exempt information in violation of a filed written sworn 177
statement, memorandum of understanding, or contractual agreement 178
required by this section commits a felony of the third degree, 179
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 180
Section 2. Subsection (11) of section 316.650, Florida 181
Statutes, is amended to read: 182
316.650 Traffic citations. — 183
(11)(a) As used in this subsection, the term "driver 184
information" means a driver's date of birth, driver license 185
number, address excluding the five -digit zip code, telephone 186
number, motor vehicle license plate number, and trailer tag 187
number. The term does not include the driver's name. 188
(b)1. Driver information contained in a uniform traffic 189
citation held by an agency is exempt from s. 119.07(1) and s. 190
24(a), Art. I of the State Constitution. This paragraph applies 191
to driver information held by an agency before, on, or after the 192
effective date of the exemption. 193
2. An agency may release driver information in accordance 194
with any of the permissible uses listed in 18 U.S.C. s. 2721(b) 195
in the same manner applicable to the release of personal 196
information contained in a motor vehicle record pursuant to s. 197
119.0712(2)(b). 198
3. This paragraph is subject to the Open Government Sunset 199
Review Act in accordance with s. 119.15 and shall stand repealed 200
HB 1121 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1121-00
Page 9 of 11
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
on October 2, 2027, unless reviewed and saved from repeal 201
through reenactment by the Legislature. 202
(c) Driver information contained in a uniform traffic 203
citation may, which includes but is not limited to, the accused 204
person's name and address, shall not be used for commercial 205
solicitation purposes. However, the use of suc h driver 206
information contained in a uniform traffic citation shall not be 207
considered a commercial purpose when used for publication in a 208
newspaper or other news periodical, when used for broadcast by 209
radio or television, or when used to inform a person of the 210
availability of driver safety training. 211
Section 3. (1) The Legislature finds that it is a public 212
necessity that crash reports that reveal personal information 213
concerning parties involved in a crash and computerized crash 214
report data be confidentia l and exempt from s. 119.07(1), 215
Florida Statutes, and s. 24(a), Article I of the State 216
Constitution. Crash reports reveal significant personal 217
information, not only about drivers involved in a crash but also 218
about motor vehicle owners, motor vehicle passen gers, and other 219
witnesses and about owners of nonvehicle property damaged in a 220
crash. Pervasive use of the Internet and related technologies 221
abet those with malicious purposes in exploiting the use of 222
personal information, such as a motorist's date of birt h, driver 223
license number, and address, creating ever -expanding threats to 224
motorist privacy and security never envisioned in generations 225
HB 1121 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1121-00
Page 10 of 11
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
past. Moreover, ever -increasing use of information technology 226
for the preparation, submission, and management of crash r eports 227
has led agencies to hold vast repositories of computerized crash 228
report data, which includes such personal information. Motorist 229
personal information, when held by the Department of Highway 230
Safety and Motor Vehicles in motor vehicle records, is 231
confidential pursuant to the federal Driver's Privacy Protection 232
Act of 1994, 18 U.S.C. ss. 2721 et seq., and s. 119.0712(2), 233
Florida Statutes. These restrictions on disclosure of motorist 234
personal information, however, have not applied to personal 235
information contained in crash reports. When crash reports and 236
computerized crash report data are made available to the public, 237
because they comprise much of the same personal information 238
contained in motor vehicle records, the protections afforded by 239
the federal Driver's Privacy Protection Act of 1994 are 240
significantly undermined, eroding the privacy and safety of 241
motorists. Therefore, the Legislature finds that it is a public 242
necessity to make confidential and exempt from public records 243
requirements crash reports th at reveal personal information and 244
computerized crash report data. 245
(2) The Legislature finds that it is a public necessity 246
that driver information contained in a uniform traffic citation 247
held by an agency be exempt from s. 119.07(1), Florida Statutes, 248
and s. 24(a), Article I of the State Constitution. Uniform 249
traffic citations reveal significant personal information about 250
HB 1121 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1121-00
Page 11 of 11
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
drivers issued a citation. Pervasive use of the Internet and 251
related technologies abet those with malicious purposes in 252
exploiting the use of personal information, such as a motorist's 253
date of birth, driver license number, and address, creating 254
ever-expanding threats to motorist privacy and security never 255
envisioned in generations past. Motorist personal information, 256
when held by the Depa rtment of Highway Safety and Motor Vehicles 257
in motor vehicle records, is confidential pursuant to the 258
federal Driver's Privacy Protection Act of 1994, 18 U.S.C. ss. 259
2721 et seq., and s. 119.0712(2), Florida Statutes. These 260
restrictions on disclosure of mot orist personal information, 261
however, have not applied to driver information contained in 262
uniform traffic citations. When driver information contained in 263
uniform traffic citations is made available to the public, 264
because it comprises much of the same person al information 265
contained in motor vehicle records, the protections afforded by 266
the federal Driver's Privacy Protection Act of 1994 are 267
significantly undermined, eroding the privacy and safety of 268
motorists. Therefore, the Legislature finds that it is a publ ic 269
necessity to make exempt from public records requirements driver 270
information contained in uniform traffic citations. 271
Section 4. This act shall take effect July 1, 2022. 272