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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 certain written reports of 4
crashes; revising the agencies to which the exemption 5
applies; revising the entities to which such reports 6
may be made available; providing construction; 7
requiring certain entities to enter into a memorandum 8
of understanding; providing for future review and 9
repeal; providing penalties; authorizing certain 10
individuals to bring a civil action and be awarded 11
certain relief; providing applicability; amending s. 12
316.650, F.S.; defining the term "driver information"; 13
providing an exemption from public records 14
requirements for driver information contained in a 15
uniform traffic citation; providing applicability; 16
authorizing release of driver information under 17
certain circumstances; providing for future review and 18
repeal; providing statements of public necessity; 19
providing an effective date. 20
21
Be It Enacted by the Legislature of the State of Florida: 22
23
Section 1. Subsections (2) and (3) of section 316.066, 24
Florida Statutes, are amended to read: 25
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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
316.066 Written reports of crashes. — 26
(2)(a) Crash reports that reveal the identity, home or 27
employment telephone number or home or employment address of, or 28
other personal information concerning the parties involved in 29
the crash and that are held by an any agency, as defined in s. 30
119.011, that regularly receives or prepares inf ormation from or 31
concerning the parties to motor vehicle crashes are confidential 32
and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 33
Constitution for a period of 60 days after the date the report 34
is filed. 35
(b) Crash reports held by an agency under paragraph (a) 36
may be made immediately available to the parties involved in the 37
crash, their legal representatives, their licensed insurance 38
agents, their insurers or insurers to which they have applied 39
for coverage, persons under contract with such i nsurers to 40
provide claims or underwriting information, prosecutorial 41
authorities, law enforcement agencies, the Department of 42
Transportation, county traffic operations, victim services 43
programs, radio and television stations licensed by the Federal 44
Communications Commission, newspapers qualified to publish legal 45
notices under ss. 50.011 and 50.031, and any federal, state, or 46
local governmental agency or any private person or entity acting 47
on behalf of a federal, state, or local governmental agency in 48
carrying out its functions, but not for redistribution to any 49
person or entity not listed in this paragraph. Crash reports 50
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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
held by an agency under paragraph (a) that do not contain the 51
home or employment street addresses, driver license or 52
identification card nu mbers, dates of birth, and home and 53
employment telephone numbers of the parties involved in the 54
crash may be made immediately available to radio and television 55
stations licensed by the Federal Communications Commission and 56
newspapers qualified to publish l egal notices under ss. 50.011 57
and 50.031. A crash report may also be made available to any 58
third party acting on behalf of a person or entity authorized 59
under this section to access the crash report, except that the 60
third party may disclose the crash repor t only to the person or 61
entity authorized to access the crash report under this section 62
on whose behalf the third party has sought the report. This 63
section does not prevent an agency, pursuant to a memorandum of 64
understanding, from providing data derived f rom crash reports to 65
a third party solely for the purpose of identifying vehicles 66
involved in crashes if such data does not reveal the identities, 67
home or employment telephone numbers or home or employment 68
addresses, or other personal information, as defin ed in s. 69
119.0712(2)(b) and 18 U.S.C. s. 2725(3), of the parties involved 70
in the crash, in accordance with paragraph (f), free newspapers 71
of general circulation, published once a week or more often, of 72
which at least 7,500 copies are distributed by mail or by 73
carrier as verified by a postal statement or by a notarized 74
printer's statement of press run, which are intended to be 75
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generally distributed and circulated, and which contain news of 76
general interest with at least 10 pages per publication, 77
available and of interest to the public generally for the 78
dissemination of news. For the purposes of this section, the 79
following products or publications are not newspapers as 80
referred to in this section: those intended primarily for 81
members of a particular profession or occupational group; those 82
with the primary purpose of distributing advertising; and those 83
with the primary purpose of publishing names and other personal 84
identifying information concerning parties to motor vehicle 85
crashes. 86
(c) Any local, state, or fe deral agency that is authorized 87
to have access to crash reports by any provision of law shall be 88
granted such access in the furtherance of the agency's statutory 89
duties. 90
(d) As a condition precedent to accessing a crash report 91
within 60 days after the da te the report is filed , a person must 92
present a valid driver license or other photographic 93
identification, proof of status, or identification that 94
demonstrates his or her qualifications to access that 95
information and file a written sworn statement with the state or 96
local agency in possession of the information stating that 97
information from a crash report made confidential and exempt by 98
this section will not be used for any commercial solicitation of 99
accident victims, or knowingly disclosed to any third part y for 100
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the purpose of such solicitation , during the period of time that 101
the information remains confidential and exempt . Such written 102
sworn statement must be completed and sworn to by the requesting 103
party for each individual crash report that is being reque sted 104
within 60 days after the report is filed . In lieu of requiring 105
the written sworn statement, an agency may provide crash reports 106
by electronic means pursuant to a memorandum of understanding to 107
third-party vendors under contract with one or more insure rs, 108
but only when such contract states that information from a crash 109
report made confidential and exempt by this section will not be 110
used for any commercial solicitation of accident victims by the 111
vendors, or knowingly disclosed by the vendors to any third 112
party for the purpose of such solicitation , during the period of 113
time that the information remains confidential and exempt, and 114
only when a copy of such contract is furnished to the agency as 115
proof of the vendor's claimed status. 116
(e) This subsection doe s not prevent the dissemination or 117
publication of news to the general public by any legitimate 118
media entitled to access confidential and exempt information 119
pursuant to this section. 120
(f) Crash reports held by an agency under paragraph (a) 121
may be made available 60 days after the date the report is filed 122
to any person or entity eligible to access crash reports under 123
paragraph (b), or in accordance with any of the permissible uses 124
listed in 18 U.S.C. s. 2721(b) and pursuant to the resale and 125
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redisclosure requirements in 18 U.S.C. s. 2721(c). 126
(g) If crash reports are created by or submitted to an 127
agency electronically as data elements within a computerized 128
database, or if personal information from a crash report is 129
entered into a computerized database, such c rash data held by an 130
agency is confidential and exempt from s. 119.07(1) and s. 131
24(a), Art. I of the State Constitution. Sixty days after the 132
date the crash report is filed, an agency may provide crash data 133
derived from the crash report which includes pers onal 134
information to entities eligible to access crash reports under 135
paragraph (b), or in accordance with any of the permissible uses 136
listed in 18 U.S.C. s. 2721(b) and pursuant to the resale and 137
redisclosure requirements in 18 U.S.C. s. 2721(c). Such data 138
shall be provided pursuant to a memorandum of understanding. 139
Free newspapers of general circulation published once a week or 140
more often, of which at least 7,500 copies are distributed by 141
mail or by carrier as verified by a postal statement or by a 142
notarized printer's statement of press run, which are intended 143
to be generally distributed and circulated, which contain news 144
of general interest with at least 10 pages per publication, 145
available and of interest to the public generally for the 146
dissemination of new s, and which request 10 or more crash 147
reports within a 24-hour period before 60 days have elapsed 148
after the report is filed may not have access to the home, 149
cellular, employment, or other telephone number or the home or 150
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employment address of any of the par ties involved in the crash. 151
(h) This subsection paragraph is subject to the Open 152
Government Sunset Review Act in accordance with s. 119.15 and 153
shall stand repealed on October 2, 2027 2019, unless reviewed 154
and saved from repeal through reenactment by the Legislature. 155
(3)(a) Any driver failing to file the written report 156
required under subsection (1) commits a noncriminal traffic 157
infraction, punishable as a nonmoving violation as provided in 158
chapter 318. 159
(b) Any employee of a state or local agency in pos session 160
of information made confidential and exempt by this section who 161
knowingly discloses such confidential and exempt information to 162
a person not entitled to access such information under this 163
section commits a felony of the third degree, punishable as 164
provided in s. 775.082, s. 775.083, or s. 775.084. 165
(c) Any person, knowing that he or she is not entitled to 166
obtain information made confidential and exempt by this section, 167
who obtains or attempts to obtain such information commits a 168
felony of the third degree, punishable as provided in s. 169
775.082, s. 775.083, or s. 775.084. 170
(d) Any person who knowingly uses confidential and exempt 171
information in violation of a filed written sworn statement , 172
memorandum of understanding, or contractual agreement require d 173
by this section commits a felony of the third degree, punishable 174
as provided in s. 775.082, s. 775.083, or s. 775.084. 175
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(e) In addition to penalties outlined in paragraphs (c) 176
and (d), a person who obtains a crash report or crash data and 177
who knowingly discloses or knowingly uses personal information 178
revealed in the report for a purpose not permitted under 18 179
U.S.C. s. 2721(b) is liable to the individual to whom the 180
information pertains, who may bring a civil action in any court 181
of competent jurisdiction . The court may award: 182
1. Actual damages, but not less than liquidated damages in 183
the amount of $2,500. 184
2. Punitive damages upon proof of willful or reckless 185
disregard of the law. 186
3. Reasonable attorney fees and other litigation costs 187
reasonably incurred. 188
4. Such other preliminary and equitable relief as the 189
court determines to be appropriate. 190
191
This paragraph does not apply to radio and television stations 192
licensed by the Federal Communications Commission and newspapers 193
qualified to publish legal no tices under ss. 50.011 and 50.031. 194
Section 2. Subsection (11) of section 316.650, Florida 195
Statutes, is amended to read: 196
316.650 Traffic citations. — 197
(11)(a) As used in this subsection, the term "driver 198
information" means a driver's date of birth, dr iver license or 199
identification card number, address excluding the five -digit zip 200
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code, telephone number, motor vehicle license plate number, and 201
trailer tag number. The term does not include the driver's name. 202
(b)1. Driver information contained in a unif orm traffic 203
citation held by an agency is exempt from s. 119.07(1) and s. 204
24(a), Art. I of the State Constitution. This paragraph applies 205
to driver information held by an agency before, on, or after the 206
effective date of the exemption. 207
2. An agency may release driver information in accordance 208
with any of the permissible uses listed in 18 U.S.C. s. 2721(b) 209
in the same manner applicable to the release of personal 210
information contained in a motor vehicle record pursuant to s. 211
119.0712(2)(b). 212
3. This paragraph is subject to the Open Government Sunset 213
Review Act in accordance with s. 119.15 and shall stand repealed 214
on October 2, 2027, unless reviewed and saved from repeal 215
through reenactment by the Legislature. 216
(c) Driver information contained in a uniform traffic 217
citation, including which includes but is not limited to, the 218
accused person's name and address, shall not be used for 219
commercial solicitation purposes. However, the use of such 220
driver information contained in a uniform traffic citation shall 221
not be considered a commercial purpose when used for publication 222
in a newspaper or other news periodical, when used for broadcast 223
by radio or television, or when used to inform a person of the 224
availability of driver safety training. 225
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Section 3. (1) The Legislature finds that it is a public 226
necessity that crash reports that reveal personal information 227
concerning parties, passengers, and witnesses to a crash for a 228
period of 60 days after the date the crash report is filed with 229
an agency; such pers onal information revealed in crash reports 230
held by an agency following the 60 -day period; and computerized 231
crash report data held by an agency be confidential and exempt 232
from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of 233
the State Constitution . Crash reports reveal significant 234
personal information, not only about parties involved in a crash 235
but also about passengers and other witnesses to the crash. 236
Pervasive use of the Internet and related technologies abet 237
those with malicious purposes in exp loiting the use of personal 238
information revealed in crash reports, such as a party's, 239
passenger's, or witness's date of birth, driver license number, 240
and address, creating ever -expanding threats to privacy and 241
security never envisioned in generations past. Moreover, ever-242
increasing use of information technology for the preparation, 243
submission, and management of crash reports has led agencies to 244
hold vast repositories of computerized crash report data, which 245
includes such personal information. Personal infor mation, when 246
held by the Department of Highway Safety and Motor Vehicles in 247
driver license and motor vehicle records, is confidential 248
pursuant to the federal Driver's Privacy Protection Act of 1994, 249
18 U.S.C. ss. 2721 et seq., and s. 119.0712(2), Florida 250
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Statutes. These restrictions on disclosure of personal 251
information, however, have not applied to personal information 252
revealed in crash reports. When personal information revealed in 253
crash reports or computerized crash report data is made 254
available to the public, because it comprises much of the same 255
personal information contained in driver license and motor 256
vehicle records, the protections afforded by the federal 257
Driver's Privacy Protection Act of 1994 are significantly 258
undermined, eroding the privacy and s afety of drivers. 259
Therefore, the Legislature finds that it is a public necessity 260
to make confidential and exempt from public records requirements 261
crash reports that reveal personal information concerning 262
parties, passengers, and witnesses to a crash for a period of 60 263
days after the date the crash report is filed with an agency; 264
such personal information revealed in crash reports held by an 265
agency following the 60 -day period; and computerized crash 266
report data held by an agency. 267
(2) The Legislature finds that it is a public necessity 268
that driver information contained in a uniform traffic citation 269
held by an agency be exempt from s. 119.07(1), Florida Statutes, 270
and s. 24(a), Article I of the State Constitution. Uniform 271
traffic citations reveal significant p ersonal information about 272
drivers issued a citation. Pervasive use of the Internet and 273
related technologies abet those with malicious purposes in 274
exploiting the use of personal information contained in traffic 275
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citations, such as a driver's date of birth, d river license 276
number, and address, creating ever -expanding threats to privacy 277
and security never envisioned in generations past. Driver 278
information, when held by the Department of Highway Safety and 279
Motor Vehicles in driver license and motor vehicle record s, is 280
confidential pursuant to the federal Driver's Privacy Protection 281
Act of 1994, 18 U.S.C. ss. 2721 et seq., and s. 119.0712(2), 282
Florida Statutes. These restrictions on disclosure of personal 283
information, however, have not applied to driver information 284
contained in uniform traffic citations. When driver information 285
contained in uniform traffic citations is made available to the 286
public, because it comprises much of the same personal 287
information contained in driver license and motor vehicle 288
records, the protections afforded by the federal Driver's 289
Privacy Protection Act of 1994 are significantly undermined, 290
eroding the privacy and safety of drivers. Therefore, the 291
Legislature finds that it is a public necessity to make exempt 292
from public records requirement s driver information contained in 293
uniform traffic citations. 294
Section 4. This act shall take effect March 1, 2023. 295