FL
Florida House Bill H1121

Florida 2022 Regular Session

Florida House Bill H1121 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to public records; amending s. 2
1616 316.066, F.S.; revising an exemption from public 3
1717 records requirements for certain written reports of 4
1818 crashes; revising the agencies to which the exemption 5
1919 applies; revising the entities to which such reports 6
2020 may be made available; providing construction; 7
2121 requiring certain entities to enter into a memorandum 8
2222 of understanding; providing for future review and 9
2323 repeal; providing penalties; authorizing certain 10
2424 individuals to bring a civil action and be awarded 11
2525 certain relief; providing applicability; amending s. 12
2626 316.650, F.S.; defining the term "driver information"; 13
2727 providing an exemption from public records 14
2828 requirements for driver information contained in a 15
2929 uniform traffic citation; providing applicability; 16
3030 authorizing release of driver information under 17
3131 certain circumstances; providing for future review and 18
3232 repeal; providing statements of public necessity; 19
3333 providing an effective date. 20
3434 21
3535 Be It Enacted by the Legislature of the State of Florida: 22
3636 23
3737 Section 1. Subsections (2) and (3) of section 316.066, 24
3838 Florida Statutes, are amended to read: 25
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4747 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
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5151 316.066 Written reports of crashes. — 26
5252 (2)(a) Crash reports that reveal the identity, home or 27
5353 employment telephone number or home or employment address of, or 28
5454 other personal information concerning the parties involved in 29
5555 the crash and that are held by an any agency, as defined in s. 30
5656 119.011, that regularly receives or prepares inf ormation from or 31
5757 concerning the parties to motor vehicle crashes are confidential 32
5858 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 33
5959 Constitution for a period of 60 days after the date the report 34
6060 is filed. 35
6161 (b) Crash reports held by an agency under paragraph (a) 36
6262 may be made immediately available to the parties involved in the 37
6363 crash, their legal representatives, their licensed insurance 38
6464 agents, their insurers or insurers to which they have applied 39
6565 for coverage, persons under contract with such i nsurers to 40
6666 provide claims or underwriting information, prosecutorial 41
6767 authorities, law enforcement agencies, the Department of 42
6868 Transportation, county traffic operations, victim services 43
6969 programs, radio and television stations licensed by the Federal 44
7070 Communications Commission, newspapers qualified to publish legal 45
7171 notices under ss. 50.011 and 50.031, and any federal, state, or 46
7272 local governmental agency or any private person or entity acting 47
7373 on behalf of a federal, state, or local governmental agency in 48
7474 carrying out its functions, but not for redistribution to any 49
7575 person or entity not listed in this paragraph. Crash reports 50
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8484 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
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8888 held by an agency under paragraph (a) that do not contain the 51
8989 home or employment street addresses, driver license or 52
9090 identification card nu mbers, dates of birth, and home and 53
9191 employment telephone numbers of the parties involved in the 54
92-crash shall, upon request, be made immediately available to 55
93-radio and television stations licensed by the Federal 56
94-Communications Commission and newspapers quali fied to publish 57
95-legal notices under ss. 50.011 and 50.031. A crash report may 58
96-also be made available to any third party acting on behalf of a 59
97-person or entity authorized under this section to access the 60
98-crash report, except that the third party may disclos e the crash 61
99-report only to the person or entity authorized to access the 62
100-crash report under this section on whose behalf the third party 63
101-has sought the report. This section does not prevent an agency, 64
102-pursuant to a memorandum of understanding, from providi ng data 65
103-derived from crash reports to a third party solely for the 66
104-purpose of identifying vehicles involved in crashes if such data 67
105-does not reveal the identities, home or employment telephone 68
106-numbers or home or employment addresses, or other personal 69
107-information, as defined in s. 119.0712(2)(b) and 18 U.S.C. s. 70
108-2725(3), of the parties involved in the crash , in accordance 71
109-with paragraph (f), free newspapers of general circulation, 72
110-published once a week or more often, of which at least 7,500 73
111-copies are distributed by mail or by carrier as verified by a 74
112-postal statement or by a notarized printer's statement of press 75
92+crash may be made immediately available to radio and television 55
93+stations licensed by the Federal Communications Commission and 56
94+newspapers qualified to publish l egal notices under ss. 50.011 57
95+and 50.031. A crash report may also be made available to any 58
96+third party acting on behalf of a person or entity authorized 59
97+under this section to access the crash report, except that the 60
98+third party may disclose the crash repor t only to the person or 61
99+entity authorized to access the crash report under this section 62
100+on whose behalf the third party has sought the report. This 63
101+section does not prevent an agency, pursuant to a memorandum of 64
102+understanding, from providing data derived f rom crash reports to 65
103+a third party solely for the purpose of identifying vehicles 66
104+involved in crashes if such data does not reveal the identities, 67
105+home or employment telephone numbers or home or employment 68
106+addresses, or other personal information, as defin ed in s. 69
107+119.0712(2)(b) and 18 U.S.C. s. 2725(3), of the parties involved 70
108+in the crash, in accordance with paragraph (f), free newspapers 71
109+of general circulation, published once a week or more often, of 72
110+which at least 7,500 copies are distributed by mail or by 73
111+carrier as verified by a postal statement or by a notarized 74
112+printer's statement of press run, which are intended to be 75
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121121 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
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125-run, which are intended to be generally distributed and 76
126-circulated, and which contain news of general interest with at 77
127-least 10 pages per publicat ion, available and of interest to the 78
128-public generally for the dissemination of news. For the purposes 79
129-of this section, the following products or publications are not 80
130-newspapers as referred to in this section: those intended 81
131-primarily for members of a part icular profession or occupational 82
132-group; those with the primary purpose of distributing 83
133-advertising; and those with the primary purpose of publishing 84
134-names and other personal identifying information concerning 85
135-parties to motor vehicle crashes . 86
125+generally distributed and circulated, and which contain news of 76
126+general interest with at least 10 pages per publication, 77
127+available and of interest to the public generally for the 78
128+dissemination of news. For the purposes of this section, the 79
129+following products or publications are not newspapers as 80
130+referred to in this section: those intended primarily for 81
131+members of a particular profession or occupational group; those 82
132+with the primary purpose of distributing advertising; and those 83
133+with the primary purpose of publishing names and other personal 84
134+identifying information concerning parties to motor vehicle 85
135+crashes. 86
136136 (c) Any local, state, or fe deral agency that is authorized 87
137137 to have access to crash reports by any provision of law shall be 88
138138 granted such access in the furtherance of the agency's statutory 89
139139 duties. 90
140140 (d) As a condition precedent to accessing a crash report 91
141141 within 60 days after the da te the report is filed , a person must 92
142142 present a valid driver license or other photographic 93
143143 identification, proof of status, or identification that 94
144144 demonstrates his or her qualifications to access that 95
145145 information and file a written sworn statement with the state or 96
146146 local agency in possession of the information stating that 97
147147 information from a crash report made confidential and exempt by 98
148148 this section will not be used for any commercial solicitation of 99
149149 accident victims, or knowingly disclosed to any third part y for 100
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158158 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
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162162 the purpose of such solicitation , during the period of time that 101
163163 the information remains confidential and exempt . Such written 102
164164 sworn statement must be completed and sworn to by the requesting 103
165165 party for each individual crash report that is being reque sted 104
166166 within 60 days after the report is filed . In lieu of requiring 105
167167 the written sworn statement, an agency may provide crash reports 106
168168 by electronic means pursuant to a memorandum of understanding to 107
169169 third-party vendors under contract with one or more insure rs, 108
170170 but only when such contract states that information from a crash 109
171171 report made confidential and exempt by this section will not be 110
172172 used for any commercial solicitation of accident victims by the 111
173173 vendors, or knowingly disclosed by the vendors to any third 112
174174 party for the purpose of such solicitation , during the period of 113
175175 time that the information remains confidential and exempt, and 114
176176 only when a copy of such contract is furnished to the agency as 115
177177 proof of the vendor's claimed status. 116
178178 (e) This subsection doe s not prevent the dissemination or 117
179179 publication of news to the general public by any legitimate 118
180180 media entitled to access confidential and exempt information 119
181181 pursuant to this section. 120
182182 (f) Crash reports held by an agency under paragraph (a) 121
183183 may be made available 60 days after the date the report is filed 122
184184 to any person or entity eligible to access crash reports under 123
185185 paragraph (b), or in accordance with any of the permissible uses 124
186186 listed in 18 U.S.C. s. 2721(b) and pursuant to the resale and 125
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195195 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
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199199 redisclosure requirements in 18 U.S.C. s. 2721(c). 126
200200 (g) If crash reports are created by or submitted to an 127
201201 agency electronically as data elements within a computerized 128
202202 database, or if personal information from a crash report is 129
203203 entered into a computerized database, such c rash data held by an 130
204204 agency is confidential and exempt from s. 119.07(1) and s. 131
205205 24(a), Art. I of the State Constitution. Sixty days after the 132
206206 date the crash report is filed, an agency may provide crash data 133
207207 derived from the crash report which includes pers onal 134
208208 information to entities eligible to access crash reports under 135
209209 paragraph (b), or in accordance with any of the permissible uses 136
210210 listed in 18 U.S.C. s. 2721(b) and pursuant to the resale and 137
211211 redisclosure requirements in 18 U.S.C. s. 2721(c). Such data 138
212212 shall be provided pursuant to a memorandum of understanding. 139
213213 Free newspapers of general circulation published once a week or 140
214214 more often, of which at least 7,500 copies are distributed by 141
215215 mail or by carrier as verified by a postal statement or by a 142
216216 notarized printer's statement of press run, which are intended 143
217217 to be generally distributed and circulated, which contain news 144
218218 of general interest with at least 10 pages per publication, 145
219219 available and of interest to the public generally for the 146
220220 dissemination of new s, and which request 10 or more crash 147
221221 reports within a 24-hour period before 60 days have elapsed 148
222222 after the report is filed may not have access to the home, 149
223223 cellular, employment, or other telephone number or the home or 150
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232232 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
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236236 employment address of any of the par ties involved in the crash. 151
237237 (h) This subsection paragraph is subject to the Open 152
238238 Government Sunset Review Act in accordance with s. 119.15 and 153
239239 shall stand repealed on October 2, 2027 2019, unless reviewed 154
240240 and saved from repeal through reenactment by the Legislature. 155
241241 (3)(a) Any driver failing to file the written report 156
242242 required under subsection (1) commits a noncriminal traffic 157
243243 infraction, punishable as a nonmoving violation as provided in 158
244244 chapter 318. 159
245245 (b) Any employee of a state or local agency in pos session 160
246246 of information made confidential and exempt by this section who 161
247247 knowingly discloses such confidential and exempt information to 162
248248 a person not entitled to access such information under this 163
249249 section commits a felony of the third degree, punishable as 164
250250 provided in s. 775.082, s. 775.083, or s. 775.084. 165
251251 (c) Any person, knowing that he or she is not entitled to 166
252252 obtain information made confidential and exempt by this section, 167
253253 who obtains or attempts to obtain such information commits a 168
254254 felony of the third degree, punishable as provided in s. 169
255255 775.082, s. 775.083, or s. 775.084. 170
256256 (d) Any person who knowingly uses confidential and exempt 171
257257 information in violation of a filed written sworn statement , 172
258258 memorandum of understanding, or contractual agreement require d 173
259259 by this section commits a felony of the third degree, punishable 174
260260 as provided in s. 775.082, s. 775.083, or s. 775.084. 175
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269269 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
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273273 (e) In addition to penalties outlined in paragraphs (c) 176
274274 and (d), a person who obtains a crash report or crash data and 177
275275 who knowingly discloses or knowingly uses personal information 178
276276 revealed in the report for a purpose not permitted under 18 179
277277 U.S.C. s. 2721(b) is liable to the individual to whom the 180
278278 information pertains, who may bring a civil action in any court 181
279279 of competent jurisdiction . The court may award: 182
280280 1. Actual damages, but not less than liquidated damages in 183
281281 the amount of $2,500. 184
282282 2. Punitive damages upon proof of willful or reckless 185
283283 disregard of the law. 186
284284 3. Reasonable attorney fees and other litigation costs 187
285285 reasonably incurred. 188
286286 4. Such other preliminary and equitable relief as the 189
287287 court determines to be appropriate. 190
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289289 This paragraph does not apply to radio and television stations 192
290290 licensed by the Federal Communications Commission and newspapers 193
291291 qualified to publish legal no tices under ss. 50.011 and 50.031. 194
292292 Section 2. Subsection (11) of section 316.650, Florida 195
293293 Statutes, is amended to read: 196
294294 316.650 Traffic citations. — 197
295295 (11)(a) As used in this subsection, the term "driver 198
296296 information" means a driver's date of birth, dr iver license or 199
297297 identification card number, address excluding the five -digit zip 200
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306306 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
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310310 code, telephone number, motor vehicle license plate number, and 201
311311 trailer tag number. The term does not include the driver's name. 202
312312 (b)1. Driver information contained in a unif orm traffic 203
313313 citation held by an agency is exempt from s. 119.07(1) and s. 204
314314 24(a), Art. I of the State Constitution. This paragraph applies 205
315315 to driver information held by an agency before, on, or after the 206
316316 effective date of the exemption. 207
317317 2. An agency may release driver information in accordance 208
318318 with any of the permissible uses listed in 18 U.S.C. s. 2721(b) 209
319319 in the same manner applicable to the release of personal 210
320320 information contained in a motor vehicle record pursuant to s. 211
321321 119.0712(2)(b). 212
322322 3. This paragraph is subject to the Open Government Sunset 213
323323 Review Act in accordance with s. 119.15 and shall stand repealed 214
324324 on October 2, 2027, unless reviewed and saved from repeal 215
325325 through reenactment by the Legislature. 216
326326 (c) Driver information contained in a uniform traffic 217
327327 citation, including which includes but is not limited to, the 218
328328 accused person's name and address, shall not be used for 219
329329 commercial solicitation purposes. However, the use of such 220
330330 driver information contained in a uniform traffic citation shall 221
331331 not be considered a commercial purpose when used for publication 222
332332 in a newspaper or other news periodical, when used for broadcast 223
333333 by radio or television, or when used to inform a person of the 224
334334 availability of driver safety training. 225
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343343 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
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347347 Section 3. (1) The Legislature finds that it is a public 226
348348 necessity that crash reports that reveal personal information 227
349349 concerning parties, passengers, and witnesses to a crash for a 228
350350 period of 60 days after the date the crash report is filed with 229
351351 an agency; such pers onal information revealed in crash reports 230
352352 held by an agency following the 60 -day period; and computerized 231
353353 crash report data held by an agency be confidential and exempt 232
354354 from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of 233
355355 the State Constitution . Crash reports reveal significant 234
356356 personal information, not only about parties involved in a crash 235
357357 but also about passengers and other witnesses to the crash. 236
358358 Pervasive use of the Internet and related technologies abet 237
359359 those with malicious purposes in exp loiting the use of personal 238
360360 information revealed in crash reports, such as a party's, 239
361361 passenger's, or witness's date of birth, driver license number, 240
362362 and address, creating ever -expanding threats to privacy and 241
363363 security never envisioned in generations past. Moreover, ever-242
364364 increasing use of information technology for the preparation, 243
365365 submission, and management of crash reports has led agencies to 244
366366 hold vast repositories of computerized crash report data, which 245
367367 includes such personal information. Personal infor mation, when 246
368368 held by the Department of Highway Safety and Motor Vehicles in 247
369369 driver license and motor vehicle records, is confidential 248
370370 pursuant to the federal Driver's Privacy Protection Act of 1994, 249
371371 18 U.S.C. ss. 2721 et seq., and s. 119.0712(2), Florida 250
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380380 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
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384384 Statutes. These restrictions on disclosure of personal 251
385385 information, however, have not applied to personal information 252
386386 revealed in crash reports. When personal information revealed in 253
387387 crash reports or computerized crash report data is made 254
388388 available to the public, because it comprises much of the same 255
389389 personal information contained in driver license and motor 256
390390 vehicle records, the protections afforded by the federal 257
391391 Driver's Privacy Protection Act of 1994 are significantly 258
392392 undermined, eroding the privacy and s afety of drivers. 259
393393 Therefore, the Legislature finds that it is a public necessity 260
394394 to make confidential and exempt from public records requirements 261
395395 crash reports that reveal personal information concerning 262
396396 parties, passengers, and witnesses to a crash for a period of 60 263
397397 days after the date the crash report is filed with an agency; 264
398398 such personal information revealed in crash reports held by an 265
399399 agency following the 60 -day period; and computerized crash 266
400400 report data held by an agency. 267
401401 (2) The Legislature finds that it is a public necessity 268
402402 that driver information contained in a uniform traffic citation 269
403403 held by an agency be exempt from s. 119.07(1), Florida Statutes, 270
404404 and s. 24(a), Article I of the State Constitution. Uniform 271
405405 traffic citations reveal significant p ersonal information about 272
406406 drivers issued a citation. Pervasive use of the Internet and 273
407407 related technologies abet those with malicious purposes in 274
408408 exploiting the use of personal information contained in traffic 275
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417417 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
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421421 citations, such as a driver's date of birth, d river license 276
422422 number, and address, creating ever -expanding threats to privacy 277
423423 and security never envisioned in generations past. Driver 278
424424 information, when held by the Department of Highway Safety and 279
425425 Motor Vehicles in driver license and motor vehicle record s, is 280
426426 confidential pursuant to the federal Driver's Privacy Protection 281
427427 Act of 1994, 18 U.S.C. ss. 2721 et seq., and s. 119.0712(2), 282
428428 Florida Statutes. These restrictions on disclosure of personal 283
429429 information, however, have not applied to driver information 284
430430 contained in uniform traffic citations. When driver information 285
431431 contained in uniform traffic citations is made available to the 286
432432 public, because it comprises much of the same personal 287
433433 information contained in driver license and motor vehicle 288
434434 records, the protections afforded by the federal Driver's 289
435435 Privacy Protection Act of 1994 are significantly undermined, 290
436436 eroding the privacy and safety of drivers. Therefore, the 291
437437 Legislature finds that it is a public necessity to make exempt 292
438438 from public records requirement s driver information contained in 293
439439 uniform traffic citations. 294
440440 Section 4. This act shall take effect March 1, 2023. 295