This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1121a.TIE
DATE: 1/26/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1121 Pub. Rec./Crash Reports and Traffic Citations
SPONSOR(S): Tourism, Infrastructure & Energy Subcommittee, Brannan
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1614
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee 15 Y, 0 N, As CS Johnson Keating
2) Government Operations Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
Under current law, motor vehicle crash reports held by agencies that regularly receive or prepare motor vehicle
crash reports are exempt from disclosure as public records for 60 days after the reports have been filed. The
law provides a list of entities that may receive crash reports during that 60-day period. Under current law, traffic
citations are considered public records.
The bill revises the public record exemption for written crash reports to:
Define the term personal information as it relates to motor vehicle crash reports.
Provide that personal information contained in a crash report remains exempt from disclosure after the
60-day exemption period for the entire report has expired.
Provide that the exemption applies to crash reports held by any agency subject to the public record law.
Revise the list of entities to which the reports may be made available.
Require certain entities to enter into memoranda of understanding in order to obtain such information.
Revise conditions required to access the reports.
Exempt certain computerized crash report data.
Require the agency, upon request, to provide a summary of a crash report to the media, provided the
information requested is not confidential or exempt pursuant to another provision of law.
The bill also creates a public record exemption for certain driver information contained in a traffic citation and
authorizes the release of this information as provided in the federal Driver Privacy Protection Act.
The bill provides that these public record exemptions are subject to repeal under the Open Government Sunset
Review Act unless the Legislature reviews and reenacts the exemptions by October 2, 2027.
The bill provides a public necessity statement for each exemption as required by the Florida Constitution.
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public record or public meeting exemption.
The bill creates a public record exemption; thus, it requires a two-thirds vote for final passage.
The bill has an effective date of July 1, 2022.
STORAGE NAME: h1121a.TIE PAGE: 2
DATE: 1/26/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Public Records
Article I, s. 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
government records. This section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government. The Legislature, however, may
provide by general law for the exemption of records from the requirements of art. I, s. 24(a) of the
Florida Constitution.
1
The general law must state with specificity the public necessity justifying the
exemption
2
and must be no broader than necessary to accomplish its purpose.
3
Public policy regarding access to government records is addressed further in s. 119.07(1)(a), F.S.,
which guarantees every person a right to inspect and copy any state, county, or municipal record,
unless the record is exempt. Furthermore, the Open Government Sunset Review Act
4
provides that a
public record or public meeting exemption may be created or maintained only if it serves an identifiable
public purpose. In addition, it may be no broader than necessary to meet one of the following purposes:
Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision.
Protect trade or business secrets.
5
Federal Driver Privacy Protection Act
Motorist personal information, when held by the Department of Highway Safety and Motor Vehicles
(DHSMV) in motor vehicle records, is confidential pursuant to the federal Driver Privacy Protection Act
(DPPA).
6
Personal information covered by the DPPA include: social security number, driver license or
identification card number, name, address, telephone number and a person’s medical or disability
information.
7
Under DPPA, personal information in motor vehicle and driver license records may be released for the
following purposes:
8
For use by any government agency, including any court or law enforcement agency, in carrying
out its functions, or any private person or entity acting on behalf of a government agency in
carrying out its functions;
For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle
emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of
motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities; and
removal of non-owner records from the original owner records of motor vehicle manufacturers;
1
Article I, s. 24(c), FLA. CONST.
2
This portion of a public record exemption is commonly referred to as a “public necessity statement.”
3
Article I. s. 24(c), FLA. CONST.
4
S. 119.15, F.S.
5
S. 119.15(6)(b), F.S.
6
18 U.S.C. ss. 2721 et seq., and s. 119.0712(2), F.S.
7
Department of Highway Safety and Motor Vehicles (DHSMV), Privacy Statement Driver Privacy Protection Act, available at
https://www.flhsmv.gov/privacy-statement/driver-privacy-protection-act/ (last visited on Jan. 13, 2022).
8
18 U.S.C. ss. 2721 et seq., and s. 119.0712(2), F.S. ; Florida Department of Highway Safety and Motor Vehicles forms HSMV 90511
(Revised 11/19) available at https://www.flhsmv.gov/pdf/forms/90511.pdf (last visited Jan. 13, 2022) and HSMV 90510 (Revised 03/19)
available at https://www.flhsmv.gov/pdf/forms/90510.pdf (last visited Jan. 13, 2022). STORAGE NAME: h1121a.TIE PAGE: 3
DATE: 1/26/2022
For use in the normal course of business by a legitimate business or its agents, employees, or
contractors, to verify the accuracy of personal information submitted by the individual, and if
such information is incorrect, to obtain the correct information, but only for the purposes of
preventing fraud by, pursuing legal remedies against, or recovering on a debt or security
interest against, the individual;
For use in connection with any civil, criminal, administrative, or arbitral proceeding in any court
or agency or before any self-regulatory body, including service of process, investigation in
anticipation of litigation, and execution or enforcement of judgments and orders, or pursuant to
an order of a court;
For use in research activities and producing statistical reports;
For use by any insurer or insurance support organization, or by a self-insured entity, or its
agents, employees, or contractors, in connection with claims investigation activities, antifraud
activities, rating, or underwriting;
For use in providing notice to the owners of towed or impounded vehicles;
For use by any licensed private investigative agency or licensed security service for any
purpose permitted by DPPA;
For use by an employer or its agent or insurer to obtain or verify information relating to a holder
of a commercial driver's license;
For use in connection with the operation of private toll facilities;
For any other use in response to requests for individual motor vehicle records if the state has
obtained the express consent of the person to whom such personal information pertains;
For bulk distribution for surveys, marketing, or solicitations if the state has obtained the express
consent of the person to whom such personal information pertains;
For use by any requester, if the requester demonstrates it has obtained the written consent of
the individual to whom the information pertains; and
For any other use specifically authorized under the law of the state that holds the record, if such
use is related to the operation of a motor vehicle or public safety.
Information that is not covered by DPPA is non-personal information. Under Florida law, such non-
personal information contained in motor vehicle and driver license records, such as vehicular crash
records, driving violations, and driver status information is considered public information.
9
Motor Vehicle Crash Reports in Florida
Florida law requires written reports of motor vehicle crashes, which must contain the following
information:
The date, time, and location of the crash.
A description of the vehicles involved.
The names and addresses of the parties involved, including all drivers and passengers, and the
identification of the vehicle in which each was a driver or a passenger.
The names and addresses of witnesses.
The name, badge number, and law enforcement agency of the officer investigating the crash.
The names of the insurance companies for the respective parties involved in the crash.
10
An investigating law enforcement agency must submit a written crash report to DHSMV within 10 days
after completing the investigation of a traffic crash that results in death or personal injury, involves a
violation of leaving the scene or driving under the influence, renders a vehicle inoperable to a degree
that a wrecker must remove it from the scene, or involves a commercial motor vehicle.
11
Approximately
94 percent of crash reports are submitted by law enforcement agencies to DHSMV electronically, while
about six percent of reports are submitted to DHSMV on paper and must be scanned and converted
into an electronic format.
12
9
DHSMV, supra note 7.
10
Ss. 316.066(1)(b) and (c), F.S.
11
S. 316.066(1)(a), F.S.
12
Department of Highway Safety and Motor Vehicle (DHSMV), Agency Analysis of 2022 Senate Bill 1614 p..2 (Jan 14, 2022). STORAGE NAME: h1121a.TIE PAGE: 4
DATE: 1/26/2022
Crash reports contain various personal information about the parties to a crash, witnesses, and others
whose property is damaged in a crash, including names, addresses, telephone numbers, dates of birth,
driver license numbers, and certain insurance information.
13
In 2001, the Legislature limited access to crash reports during the 60-day period after a crash report is
filed.
14
During that 60-day period, crash reports may only be released to parties involved in the crash,
their legal representatives, their licensed insurance agents, their insurers or insurers to which they have
applied for coverage, persons under contract with such insurers to provide claims or underwriting
information, prosecutorial authorities, law enforcement agencies, the Department of Transportation,
county traffic operations, victim services programs, radio and television stations, and certain
newspapers.
15
Additionally, any local, state, or federal agency authorized by law to have access to crash reports must
be granted such access in the furtherance of its statutory duties.
16
To access a crash report within the 60-day time frame, a person must demonstrate his or her
qualifications to access that information and file a written sworn statement with the state or local
agency in possession of the information stating that information from the report will not be used for any
commercial solicitation of accident victims, or knowingly disclosed to any third party for the purpose of
such solicitation, during the period of time that the information remains confidential and exempt.
17
According to the public necessity statement supporting this exemption, the 60-day exemption was
created to protect the public from unscrupulous individuals who promote the filing of fraudulent
insurance claims by obtaining such information immediately after a crash and exploiting the individual
at a time of emotional distress.
18
The Florida Highway Patrol (FHP)
19
routinely receives public records requests for its crash reports. In
addition, DHSMV routinely makes crash reports available to the public through the Florida Crash
Portal.
20
The portal comprises crash reports transmitted by FHP, county sheriff offices, local police
departments, and other law enforcement agencies throughout the state. Crash reports provided by
DHSMV are subject to a statutory fee of $10 per report.
21
To facilitate releasing crash reports to authorized persons within the 60-day exemption period, DHSMV
has prescribed a Sworn Statement to Obtain Traffic Crash Report Information (DHSMV Form 94010).
22
In lieu of the printed form, users of the Florida Crash Portal may electronically submit the sworn
statement when obtaining a crash report through the portal.
23
In addition to providing crash reports in their original format, crash reports transmitted to the Florida
Crash Portal are maintained in a computerized database. The database contains all of the original
report elements except for the law enforcement officer’s narrative description of the crash and any
crash diagrams.
24
In 2021, 671,993 crash reports were completed in Florida, which included information on 1,839,532
individuals (drivers, passengers, witnesses, and pedestrians).
25
13
See, e.g., DHSMV, Uniform Traffic Crash Report Manual (90010S) (Rev. Feb. 5, 2019), available at
https://www.flhsmv.gov/pdf/courts/crash/CrashManualComplete.pdf. (last visited Jan 18. 2022).
14
Ch. 2001-163, Laws of Fla.
15
S. 316.066(2)(b), F.S.
16
S. 316.066(2)(c),F.S.
17
S. 316.066(2)(d), F.S.
18
Ch. 2001-163, Laws of Fla.
19
The Florida Highway Patrol is a division of DHSMV.
20
DHSMV, Florida Crash Portal, at https://www.flhsmv.gov/traffic-crash-reports (last visited Jan. 18, 2022).
21
S. 321.23(2)(a), F.S.; DHSMV, Agency Analysis of 2022 Senate Bill 1614. P.3.
22
See DHSMV, Sworn Statement to Obtain Traffic Crash Report Information (HSMV Form 94010), available at
https://www.flhsmv.gov/pdf/forms/94010.pdf.
23
DHSMV, Agency Analysis of 2022 Senate Bill 1614. P.3.
24
Id.
25
E-mail from Kevin Jacobs, DSHMV Legislative Affairs Director, RE. 1125 Question. (Jan 14, 2022) STORAGE NAME: h1121a.TIE PAGE: 5
DATE: 1/26/2022
Uniform Traffic Citations
Under Florida law, DHSMV has the duty of prescribing and providing to every traffic enforcement
agency in the state prenumbered traffic citation books.
26
In lieu of using printed citation books, traffic
enforcement agencies may produce uniform traffic citations by electronic means.
27
FHP is among the
agencies who routinely prepare citations electronically.
28
Traffic citations contain various personal information about drivers who are issued citations, including
their names, dates of birth, addresses, telephone numbers, and driver license numbers.
29
Traffic enforcement agencies, including FHP, submit traffic citations to the clerks of court. The clerks
routinely provide searchable traffic court dockets on their Internet websites, which typically allow for
viewing and downloading of unredacted copies of uniform traffic citations.
30
Electronic citation data is also transmitted to the clerks through the Comprehensive Case Information
System maintained by the Florida Association of Court Clerks and Comptrollers, Inc.
31
Uniform traffic
citation, arrest, disposition, and criminal financial obligation files are electronically transmitted by the
clerks to DHSMV through the Traffic Citation Accounting and Transmission System. These files are
used by DHSMV to post court dispositions to the driver history records of individual drivers.
32
Under current law, all traffic citations, including all personal identifying information on the citations, is a
public record and can be freely distributed.
In 2021, 2,428,821 traffic citations were issued in Florida.
33
Effect of the Bill
Motor Vehicle Crash Reports
The bill revises the current public record exemption motor vehicle crash reports.
The bill defines the term “agency’ to have the same meaning as provided in s. 119.011, F.S.
34
The bill defines the term “personal information” to mean information that identifies an individual,
including an individual’s photograph, social security number, driver license or identification card
number, name, home or employment address excluding the five-digit zip code, home or employment
telephone number, and medical or disability information.
The bill provides that crash reports that reveal personal information concerning the parties, passengers,
or witnesses involved in a crash and that are held by an agency are confidential and exempt from
public record laws for a period of 60 days after the report is filed.
26
S 316.650(1)(a), Fla. Stat.
27
S 316.650(1)(c), Fla. Stat.
28
DHSMV, Agency Analysis of 2022 Senate Bill 1614 p.3 (Jan 14, 2022).
29
See, e.g., DHSMV, Uniform Traffic Citation Procedures Manual (Rev. Nov. 2019), available at
https://www.flhsmv.gov/pdf/courts/utc/UTCCombinedManual.pdf. (last visited Jan. 18, 2022).
30
DHSMV, Agency Analysis of 2022 Senate Bill 1614 p.3 (Jan 14, 2022).
31
See s 28.2405, F.S.
32
DHSMV, Agency Analysis of 2022 Senate Bill 1614 p.3 (Jan 14, 2022).
33
E-mail from Kevin Jacobs, DSHMV Legislative Affairs Director, RE. 1125 Question. (Jan 14, 2022)
34
Section 119.011(2), F.S., defines the term “agency” to mean any state, county, district, authority, or municipal officer, department,
division, board, bureau, commission, or other separate unit of government created or established by law including, for the purposes of
this chapter, the Commission on Ethics, the Public Service Commission, and the Office of Public Counsel, and any other public or
private agency, person, partnership, corporation, or business entity acting on behalf of any public agency. STORAGE NAME: h1121a.TIE PAGE: 6
DATE: 1/26/2022
Following this 60-day period, the bill provides that personal information revealed in a crash report
concerning parties, passengers, or witnesses involved in the crash, which is held by an agency, is
confidential and exempt.
The bill provides that if crash reports are created by or submitted to an agency electronically as data
elements within a computerized database, or if personal information concerning the parties,
passengers, or witnesses involved in the crash are entered into a computerized database, such crash
report data is confidential and exempt from public record laws. This does not prevent an agency from
disclosing extracts of crash report data if personal information concerning the parties, passengers, and
witnesses is omitted from the extracts.
The bill retains the existing list of entities that are eligible to receive copies of crash reports revealing
personal information and adds to that list the Department of Health, municipal traffic operations, and
any private person acting on behalf of a federal, state, or local government agency in carrying out its
functions.
The bill provides that a crash report may also be made available to a third party acting on behalf of a
person or entity authorized to access the crash report, except that the third party may redisclose the
crash report only to the person or entity authorized to access the crash report on whose behalf that the
third party has sought the report.
The bill removes radio stations, television stations, and newspapers, from the list of entities eligible to
receive crash reports, but requires an agency, upon request, to provide the news media a summary
crash report, comprising specified details about the crashes, including, but not limited to the time, date,
and location of the crash; the name, age, gender, race, and ethnicity of any driver involved in the crash;
a description of any vehicle involved in the crash; the names of the law enforcement agencies and
officers responding to the scene or investigating the crash; and whether traffic citations were issued or
arrests were made. This provision does not require an agency to provide in a summary any information
made confidential or exempt by any other provision of law.
The bill allows federal, state, and local governmental agencies, or private persons acting on their
behalf, to obtain crash reports to carry out their functions pursuant to memoranda of understanding
(MOU) approved by the agency holding the crash report. These MOUs must require that personal
information revealed in the crash reports remain confidential and exempt.
To obtain or access a crash report that reveals personal information concerning the parties,
passengers, or witnesses involved in the crash, a person must submit to the agency a sworn statement
attesting the person’s identity, authority to access the crash report, and agreement to refrain from using
the crash report for any commercial solicitation or knowingly redisclosing the crash report to any third
party for the purposes of solicitation. In lieu of a sworn statement, the agency may provide crash
reports by electronic means pursuant to a MOU that requires that personal information revealed in the
crash report remain confidential and exempt and prohibits such personal information from being used
or knowing disclosed to any third party for the purpose of such solicitation.
These exemptions apply retroactively to records already held by an agency and prospectively to future
records. These exemptions stand repealed on October 2, 2027, unless reviewed and saved from repeal
through reenactment by the Legislature, pursuant to the Open Government Sunset Review Act.
The bill removes obsolete statutory language prohibiting some free newspapers from receiving certain
crash report information. This language was repealed on October 2, 2019, under the Open Government
Sunset Review Act since this part of the public records exemption was not saved from repeal through
reenactment by the Legislature.
The bill revises current penalty provisions to broaden the definition of the term agency, providing that
the term is as defined in s. 119.011, F.S., and provides that use of confidential and exempt information
in violation of an MOU is a third-degree felony.
STORAGE NAME: h1121a.TIE PAGE: 7
DATE: 1/26/2022
The bill provides a public necessity statement as required by art. I, s. 24(c) of the Florida Constitution.
The statement provides that:
Crash reports reveal significant personal information concerning parties, passengers, and
witnesses to a crash.
Use of the Internet and related technologies allows those with malicious purposes to exploit the
use of personal information, such as a party's, passenger’s, or witness’ date of birth, driver
license number, and address, threatening privacy and security.
Increasing use of information technology for the preparation, submission, and management of
crash reports has led agencies to hold vast repositories of computerized crash report data,
which includes such personal information.
Personal information, when held by DHSMV in motor vehicle records, is confidential pursuant to
the federal DIPPA and s. 119.0712(2), F.S.
Restrictions on disclosure of motorist personal information have not applied to personal
information contained in crash reports.
When crash reports and computerized crash report data are made available to the public,
because they comprise much of the same personal information contained in driver license and
motor vehicle records, the protections afforded by the federal DPPA are undermined, eroding
the privacy and safety of motorists.
Uniform Traffic Citations
The bill creates a public record exemption for driver information contained in a traffic citation. The bill
defines the term “driver information” to mean a driver’s date of birth, driver license number, address
(excluding the five-digit zip code), telephone number, motor vehicle license plate number, and trailer
tag number. The term does not include the driver’s name.
The bill authorizes an agency to release the covered driver information in accordance with DPPA in the
same manner as the release of personal information contained in a motor vehicle record.
An agency may release driver information in accordance with any of the permissible uses listed in
DPPA in the same manner applicable to the release of personal information contained in a motor
vehicle record pursuant to s. 119.0712(2)(b), F.S.
This exemption applies retroactively to records already held by an agency and prospectively to future
records. This exemption is subject to the Open Government Sunset Review Act and stands repealed
on October 2, 2027, unless reviewed and saved from repeal by the Legislature.
The bill provides a public necessity statement as required by art. I, s. 24(c) of the Florida Constitution.
The statement provides that:
Uniform traffic citations reveal signification personal information about drivers issued a
citation.
Use of the Internet and related technologies allows those with malicious purpose to exploit
the use of personal information, such as a motorist’s date of birth, driver license number,
and address, threatening motorist’s privacy and security
Driver personal information, when held by DHSMV in driver license and motor vehicle
records, is confidential pursuant to DPPA and s. 119.0712(2), F.S.
Restrictions on disclosure of motorist personal information have not applied to driver
information contained in uniform traffic citations.
When driver information contained in uniform traffic citations is made available to the public,
the protections are afforded by federal DPPA are undermined, eroding the privacy and
safety of motorists.
Effective Date
The bill has an effective date of July 1, 2022.
STORAGE NAME: h1121a.TIE PAGE: 8
DATE: 1/26/2022
B. SECTION DIRECTORY:
Section 1 Amends s. 316.066, F.S., relating to written reports of crashes.
Section 2 Amends s. 316.605, F.S., relating to traffic citations.
Section 3 Provides statements of public necessity.
Section 4 Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
Indeterminate. Under current law, DSHMV-provided crash reports are subject to a statutory fee of
$10 per report.
35
It is not known how many crash reports subject to the statutory fee would be
exempt from disclosure as public records under the bill.
2. Expenditures:
The bill may have an insignificant negative fiscal impact on various state agencies because state
agency staff responsible for complying with public record requests may require training related to
the newly created public record exemption. These costs, however, would be absorbed, as they are
part of the day-to-day responsibilities of each state agency.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
The bill may have an insignificant negative fiscal impact on local government agencies because
agency staff responsible for complying with public record request may require training related to the
newly created public record exemption. These costs, however, would be absorbed, as they are part
of the day-to-day responsibilities of each agency.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
35
S. 321.23(2)(a), F.S. STORAGE NAME: h1121a.TIE PAGE: 9
DATE: 1/26/2022
2. Other:
Vote Requirement
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public record or public meeting exemption.
The bill creates a public record exemption; thus, it requires a two-thirds vote for final passage.
Public Necessity Statement
Article I, s. 24(c) of the Florida Constitution requires a public necessity statement for a newly created
or expanded public record or public meeting exemption. The bill includes a public necessity
statement for each newly created exemption in the bill.
Breadth of Exemption
Article I, s. 24(c) of the Florida Constitution requires a newly created or expanded public record or
public meeting exemption to be no broader than necessary to accomplish the stated purpose of the
law.
The bill provides a public record exemption for the personal information of parties, passengers, and
witnesses included in motor vehicle crash reports to protect these individuals from misuse of their
personal information. This information includes an individual’s photograph, social security number,
driver license or identification card number, name, home or employment address excluding the five-
digit zip code, home or employment telephone number, and medical or disability information.
However, names of persons from the crash report are available to the media in a summary of the
crash.
The bill provides a public record exemption for specified driver information in traffic citations to
protect drivers from misuse of their personal information. This information includes a driver’s date of
birth, driver license number, address (excluding the five-digit zip code), telephone number, motor
vehicle license plate number, and trailer tag number. The term does not include the driver’s name.
B. RULE-MAKING AUTHORITY:
This bill does not require or authorize rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
While the bill refers to the definition of the term “agency” as it applies to public records law for purposes
of the crash reports exemption, it does not define the term “agency” for purposes of the public record
exemption for traffic citations.
IV. AMENDMENTS/COMMITTEE SUBSTITU TE CHANGES
On January 25, 2022, the Tourism, Infrastructure & Energy Subcommittee adopted a strike-all amendment and
reported the bill favorably as a committee substitute. The amendment:
Defined the term personal information as it relates to motor vehicle crash reports.
Added passengers and witnesses as persons whose personal information is protected from disclosure
in a crash report.
Provided that personal information revealed in crash reports remains confidential and exempt from
disclosure after the 60-day exemption period for the entire crash report.
Clarified current practice with respect to third parties acting on behalf of entities authorized to access
crash report data.
Clarified that crash reports may not be disclosed for commercial solicitation.
Required agencies, upon request, to provide a crash report summary to news media, subject to any
other public records exemption.
Corrected an incorrect open government sunset review date
Revised statements of public necessity to conform to the amendment. STORAGE NAME: h1121a.TIE PAGE: 10
DATE: 1/26/2022
This analysis is drafted to the committee substitute as approved by the Tourism, Infrastructure & Energy
Subcommittee.