Florida Senate - 2022 SB 1614 By Senator Harrell 25-01654A-22 20221614__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 316.066, F.S.; revising an exemption from public 4 records requirements for written reports of motor 5 vehicle crashes; revising the agencies holding records 6 to which the exemption applies; removing a time limit 7 for the exemption; providing retroactive 8 applicability; revising entities to which records may 9 be made available; requiring certain entities to enter 10 into a memorandum of understanding; revising 11 conditions precedent to accessing a crash report; 12 exempting certain computerized crash report data held 13 by an agency from public records requirements; 14 providing retroactive applicability; providing 15 construction; providing for future legislative review 16 and repeal of the exemptions; revising applicability 17 of penalties; amending s. 316.650, F.S.; defining the 18 term driver information; providing an exemption from 19 public records requirements for driver information 20 contained in a uniform traffic citation; providing 21 retroactive applicability; authorizing the release of 22 driver information under certain circumstances; 23 providing for future legislative review and repeal of 24 the exemption; revising a prohibition against the use 25 of driver information for commercial solicitation 26 purposes; providing statements of public necessity; 27 providing an effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1.Subsections (2) and (3) of section 316.066, 32 Florida Statutes, are amended to read: 33 316.066Written reports of crashes. 34 (2)(a)Crash reports that reveal the identity of, home or 35 employment telephone number or home or employment address of, or 36 other personal information concerning the parties involved in 37 the crash and that are held by an any agency as defined in s. 38 119.011 that regularly receives or prepares information from or 39 concerning the parties to motor vehicle crashes are confidential 40 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 41 Constitution. This exemption applies to such crash reports held 42 by an agency before, on, or after the effective date of the 43 exemption for a period of 60 days after the date the report is 44 filed. 45 (b)Crash reports held by an agency under paragraph (a) may 46 be made immediately available to the parties involved in the 47 crash, their legal representatives, their licensed insurance 48 agents, their insurers or insurers to which they have applied 49 for coverage, persons under contract with such insurers to 50 provide claims or underwriting information, prosecutorial 51 authorities, law enforcement agencies, the Department of 52 Transportation, the Department of Health, county and municipal 53 traffic operations, victim services programs, and any private 54 person or entity acting on behalf of a federal, state, or local 55 governmental agency in carrying out its functions radio and 56 television stations licensed by the Federal Communications 57 Commission, newspapers qualified to publish legal notices under 58 ss. 50.011 and 50.031, and, in accordance with paragraph (f), 59 free newspapers of general circulation, published once a week or 60 more often, of which at least 7,500 copies are distributed by 61 mail or by carrier as verified by a postal statement or by a 62 notarized printers statement of press run, which are intended 63 to be generally distributed and circulated, and which contain 64 news of general interest with at least 10 pages per publication, 65 available and of interest to the public generally for the 66 dissemination of news. For the purposes of this section, the 67 following products or publications are not newspapers as 68 referred to in this section: those intended primarily for 69 members of a particular profession or occupational group; those 70 with the primary purpose of distributing advertising; and those 71 with the primary purpose of publishing names and other personal 72 identifying information concerning parties to motor vehicle 73 crashes. 74 (c)A federal, state, or Any local governmental, state, or 75 federal agency, or any private person or entity acting on behalf 76 of a federal, state, or local governmental agency in carrying 77 out its functions, which that is authorized to have access to 78 crash reports by any provision of law shall be granted such 79 access in the furtherance of the agencys statutory duties 80 pursuant to a memorandum of understanding approved by the agency 81 holding the crash reports which requires that personal 82 information contained in the crash reports remain confidential 83 and exempt. 84 (d)As a condition precedent to accessing a crash report 85 within 60 days after the date the report is filed, a person must 86 submit to the agency that holds the crash report, in a format 87 prescribed by the agency, present a valid driver license or 88 other photographic identification, proof of status, or 89 identification that demonstrates his or her qualifications to 90 access that information and file a written sworn statement 91 attesting to the persons identity, authority to access the 92 crash report under paragraph (b), and agreement to keep the with 93 the state or local agency in possession of the information 94 stating that information from a crash report made confidential 95 and refrain from using the crash report exempt by this section 96 will not be used for any commercial solicitation of accident 97 victims, or knowingly disclosing the crash report disclosed to 98 any third party for the purpose of such solicitation, or 99 knowingly disclosing the crash report to any third party that is 100 not authorized by this section to access such personal 101 information during the period of time that the information 102 remains confidential and exempt. Such written sworn statement 103 must be completed and sworn to by the requesting party for each 104 individual crash report that is being requested within 60 days 105 after the report is filed. In lieu of requiring the written 106 sworn statement, an agency may provide crash reports by 107 electronic means pursuant to a memorandum of understanding that 108 requires third-party vendors under contract with one or more 109 insurers, but only when such contract states that personal 110 information contained in from a crash report remain made 111 confidential and exempt and prohibits such personal information 112 from being by this section will not be used for any commercial 113 solicitation of accident victims by the vendors, or knowingly 114 disclosed by the vendors to any third party who is not 115 authorized by this section to access such personal information 116 for the purpose of such solicitation, during the period of time 117 that the information remains confidential and exempt, and only 118 when a copy of such contract is furnished to the agency as proof 119 of the vendors claimed status. 120 (e)This subsection does not prohibit an agency from 121 providing summary reports of crashes to radio and television 122 stations, newspapers, and other news media, which reports may 123 disclose information about crashes, including, but not limited 124 to, the time, date, and location of a crash; the name, age, 125 gender, race, and ethnicity of any driver involved in the crash; 126 a general description of any vehicle involved in the crash, 127 including the vehicles color, make, model, body style, and 128 year; the names of the law enforcement agencies and officers 129 responding to the scene or investigating the crash; the 130 circumstances of the crash; and whether any arrests were made or 131 traffic citations were issued prevent the dissemination or 132 publication of news to the general public by any legitimate 133 media entitled to access confidential and exempt information 134 pursuant to this section. 135 (f)If crash reports are created by or submitted to an 136 agency electronically as data elements within a computerized 137 database, or if personal information from a crash report is 138 entered into a computerized database, such crash report data 139 held by an agency is confidential and exempt from s. 119.07(1) 140 and s. 24(a), Art. I of the State Constitution. This exemption 141 applies to such crash report data held by an agency before, on, 142 or after the effective date of the exemption. This paragraph 143 does not prevent an agency from disclosing: 144 1.A crash report pursuant to paragraphs (b)(d) which is 145 rendered as an individual report in its original format, whether 146 printed as a paper document or provided in electronic format 147 such as Portable Document Format or Tagged Image File Format. 148 2.Extracts of crash report data if all personal 149 information is omitted from the extracts. 150 (g)Free newspapers of general circulation published once a 151 week or more often, of which at least 7,500 copies are 152 distributed by mail or by carrier as verified by a postal 153 statement or by a notarized printers statement of press run, 154 which are intended to be generally distributed and circulated, 155 which contain news of general interest with at least 10 pages 156 per publication, available and of interest to the public 157 generally for the dissemination of news, and which request 10 or 158 more crash reports within a 24-hour period before 60 days have 159 elapsed after the report is filed may not have access to the 160 home, cellular, employment, or other telephone number or the 161 home or employment address of any of the parties involved in the 162 crash. This subsection paragraph is subject to the Open 163 Government Sunset Review Act in accordance with s. 119.15 and 164 shall stand repealed on October 2, 2027 2019, unless reviewed 165 and saved from repeal through reenactment by the Legislature. 166 (3)(a)A Any driver failing to file the written report 167 required under subsection (1) commits a noncriminal traffic 168 infraction, punishable as a nonmoving violation as provided in 169 chapter 318. 170 (b)An Any employee of an a state or local agency, as 171 defined in s. 119.011, in possession of information made 172 confidential and exempt by this section who knowingly discloses 173 such confidential and exempt information to a person not 174 entitled to access such information under this section commits a 175 felony of the third degree, punishable as provided in s. 176 775.082, s. 775.083, or s. 775.084. 177 (c)A Any person who, knowing that he or she is not 178 entitled to obtain information made confidential and exempt by 179 this section, who obtains or attempts to obtain such information 180 commits a felony of the third degree, punishable as provided in 181 s. 775.082, s. 775.083, or s. 775.084. 182 (d)A Any person who knowingly uses confidential and exempt 183 information in violation of a filed written sworn statement, 184 memorandum of understanding, or contractual agreement required 185 by this section commits a felony of the third degree, punishable 186 as provided in s. 775.082, s. 775.083, or s. 775.084. 187 Section 2.Subsection (11) of section 316.650, Florida 188 Statutes, is amended to read: 189 316.650Traffic citations. 190 (11)(a)As used in this subsection, the term driver 191 information means a drivers date of birth, driver license 192 number, address excluding the five-digit zip code, telephone 193 number, motor vehicle license plate number, and trailer tag 194 number. The term does not include the drivers name. 195 (b)1.Driver information contained in a uniform traffic 196 citation held by an agency is exempt from s. 119.07(1) and s. 197 24(a), Art. I of the State Constitution. This paragraph applies 198 to driver information held by an agency before, on, or after the 199 effective date of the exemption. 200 2.An agency may release driver information in accordance 201 with any of the permissible uses listed in 18 U.S.C. s. 2721(b) 202 in the same manner applicable to the release of personal 203 information contained in a motor vehicle record pursuant to s. 204 119.0712(2)(b). 205 3.This paragraph is subject to the Open Government Sunset 206 Review Act in accordance with s. 119.15 and shall stand repealed 207 on October 2, 2027, unless reviewed and saved from repeal 208 through reenactment by the Legislature. 209 (c)Driver information contained in a uniform traffic 210 citation may, which includes but is not limited to, the accused 211 persons name and address, shall not be used for commercial 212 solicitation purposes. However, the use of such driver 213 information contained in a uniform traffic citation shall not be 214 considered a commercial purpose when used for publication in a 215 newspaper or other news periodical, when used for broadcast by 216 radio or television, or when used to inform a person of the 217 availability of driver safety training. 218 Section 3.(1)The Legislature finds that it is a public 219 necessity that crash reports that reveal personal information 220 concerning parties involved in a crash and the computerized 221 crash report data be confidential and exempt from s. 119.07(1), 222 Florida Statutes, and s. 24(a), Article I of the State 223 Constitution. Crash reports reveal significant personal 224 information, not only about drivers involved in a crash but also 225 about motor vehicle owners, motor vehicle passengers, and other 226 witnesses and about owners of nonvehicle property damaged in a 227 crash. Pervasive use of the Internet and related technologies 228 abet those with malicious purposes in exploiting the use of 229 personal information, such as a motorists date of birth, driver 230 license number, and address, creating ever-expanding threats to 231 motorist privacy and security never envisioned in generations 232 past. Moreover, ever-increasing use of information technology 233 for the preparation, submission, and management of crash reports 234 has led agencies to hold vast repositories of computerized crash 235 report data, which includes such personal information. Motorist 236 personal information, when held by the Department of Highway 237 Safety and Motor Vehicles in motor vehicle records, is 238 confidential pursuant to the federal Drivers Privacy Protection 239 Act of 1994, 18 U.S.C. ss. 2721 et seq., and s. 119.0712(2), 240 Florida Statutes. These restrictions on disclosure of motorist 241 personal information, however, have not applied to personal 242 information contained in crash reports. When crash reports and 243 computerized crash report data are made available to the public, 244 because they comprise much of the same personal information 245 contained in motor vehicle records, the protections afforded by 246 the federal Drivers Privacy Protection Act of 1994 are 247 significantly undermined, eroding the privacy and safety of 248 motorists. Therefore, the Legislature finds that it is a public 249 necessity to make confidential and exempt from public records 250 requirements crash reports that reveal personal information and 251 computerized crash report data. 252 (2)The Legislature finds that it is a public necessity 253 that driver information contained in a uniform traffic citation 254 held by an agency be exempt from s. 119.07(1), Florida Statutes, 255 and s. 24(a), Article I of the State Constitution. Uniform 256 traffic citations reveal significant personal information about 257 drivers issued a citation. Pervasive use of the Internet and 258 related technologies abet those with malicious purposes in 259 exploiting the use of personal information, such as a motorists 260 date of birth, driver license number, and address, creating 261 ever-expanding threats to motorist privacy and security never 262 envisioned in generations past. Motorist personal information, 263 when held by the Department of Highway Safety and Motor Vehicles 264 in motor vehicle records, is confidential pursuant to the 265 federal Drivers Privacy Protection Act of 1994, 18 U.S.C. ss. 266 2721 et seq., and s. 119.0712(2), Florida Statutes. These 267 restrictions on disclosure of motorist personal information, 268 however, have not applied to driver information contained in 269 uniform traffic citations. When driver information contained in 270 uniform traffic citations is made available to the public, 271 because it comprises much of the same personal information 272 contained in motor vehicle records, the protections afforded by 273 the federal Drivers Privacy Protection Act of 1994 are 274 significantly undermined, eroding the privacy and safety of 275 motorists. Therefore, the Legislature finds that it is a public 276 necessity to make exempt from public records requirements driver 277 information contained in uniform traffic citations. 278 Section 4.This act shall take effect July 1, 2022.