Florida Senate - 2022 CS for SB 1614 By the Committee on Transportation; and Senator Harrell 596-02086-22 20221614c1 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; specifying a limitation on 10 redisclosing crash reports by third parties; requiring 11 certain entities to enter into a memorandum of 12 understanding; revising conditions precedent to 13 accessing a crash report; exempting certain 14 computerized crash report data held by an agency from 15 public records requirements; providing retroactive 16 applicability; providing construction; providing for 17 future legislative review and repeal of the 18 exemptions; revising applicability of penalties; 19 amending s. 316.650, F.S.; defining the term driver 20 information; providing an exemption from public 21 records requirements for driver information contained 22 in a uniform traffic citation; providing retroactive 23 applicability; authorizing the release of driver 24 information under certain circumstances; providing for 25 future legislative review and repeal of the exemption; 26 revising a prohibition against the use of driver 27 information for commercial solicitation purposes; 28 providing statements of public necessity; providing an 29 effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1.Subsections (2) and (3) of section 316.066, 34 Florida Statutes, are amended to read: 35 316.066Written reports of crashes. 36 (2)(a)Crash reports that reveal the identity of, home or 37 employment telephone number or home or employment address of, or 38 other personal information concerning the parties involved in 39 the crash and that are held by an any agency as defined in s. 40 119.011 that regularly receives or prepares information from or 41 concerning the parties to motor vehicle crashes are confidential 42 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 43 Constitution. This exemption applies to such crash reports held 44 by an agency before, on, or after the effective date of the 45 exemption for a period of 60 days after the date the report is 46 filed. 47 (b)1.Crash reports held by an agency under paragraph (a) 48 may be made immediately available to the parties involved in the 49 crash, their legal representatives, their licensed insurance 50 agents, their insurers or insurers to which they have applied 51 for coverage, persons under contract with such insurers to 52 provide claims or underwriting information, prosecutorial 53 authorities, law enforcement agencies, the Department of 54 Transportation, the Department of Health, county and municipal 55 traffic operations, victim services programs, and any federal, 56 state, or local governmental agency in carrying out its 57 functions. 58 2.A crash report may also be made available to any third 59 party acting on behalf of a person or entity authorized under 60 subparagraph 1. to access the crash report, except that the 61 third party may redisclose the crash report only to the person 62 or entity authorized to access the crash report under 63 subparagraph 1. on whose behalf the third party has sought the 64 report radio and television stations licensed by the Federal 65 Communications Commission, newspapers qualified to publish legal 66 notices under ss. 50.011 and 50.031, and, in accordance with 67 paragraph (f), free newspapers of general circulation, published 68 once a week or more often, of which at least 7,500 copies are 69 distributed by mail or by carrier as verified by a postal 70 statement or by a notarized printers statement of press run, 71 which are intended to be generally distributed and circulated, 72 and which contain news of general interest with at least 10 73 pages per publication, available and of interest to the public 74 generally for the dissemination of news. For the purposes of 75 this section, the following products or publications are not 76 newspapers as referred to in this section: those intended 77 primarily for members of a particular profession or occupational 78 group; those with the primary purpose of distributing 79 advertising; and those with the primary purpose of publishing 80 names and other personal identifying information concerning 81 parties to motor vehicle crashes. 82 (c)A federal, state, or Any local governmental, state, or 83 federal agency, or any private person or entity acting on behalf 84 of a federal, state, or local governmental agency in carrying 85 out its functions, which that is authorized to have access to 86 crash reports by any provision of law shall be granted such 87 access in the furtherance of the agencys statutory duties 88 pursuant to a memorandum of understanding approved by the agency 89 holding the crash reports which requires that personal 90 information contained in the crash reports remain confidential 91 and exempt. 92 (d)As a condition precedent to accessing a crash report 93 within 60 days after the date the report is filed, a person must 94 submit to the agency that holds the crash report, in a format 95 prescribed by the agency, present a valid driver license or 96 other photographic identification, proof of status, or 97 identification that demonstrates his or her qualifications to 98 access that information and file a written sworn statement 99 attesting to the persons identity, authority to access the 100 crash report under paragraph (b), and agreement to refrain from 101 using the with the state or local agency in possession of the 102 information stating that information from a crash report made 103 confidential and exempt by this section will not be used for any 104 commercial solicitation of accident victims, or knowingly 105 redisclosing the crash report disclosed to any third party for 106 the purpose of such solicitation, during the period of time that 107 the information remains confidential and exempt. Such written 108 sworn statement must be completed and sworn to by the requesting 109 party for each individual crash report that is being requested 110 within 60 days after the report is filed. In lieu of requiring 111 the written sworn statement, an agency may provide crash reports 112 by electronic means pursuant to a memorandum of understanding 113 that requires third-party vendors under contract with one or 114 more insurers, but only when such contract states that personal 115 information contained in from a crash report remain made 116 confidential and exempt and prohibits such personal information 117 from being by this section will not be used for any commercial 118 solicitation of accident victims by the vendors, or knowingly 119 disclosed by the vendors to any third party who is not 120 authorized by this section to access such personal information 121 for the purpose of such solicitation, during the period of time 122 that the information remains confidential and exempt, and only 123 when a copy of such contract is furnished to the agency as proof 124 of the vendors claimed status. 125 (e)This subsection does not prohibit an agency from 126 providing summary reports of crashes to radio and television 127 stations, newspapers, and other news media, which reports may 128 disclose information about crashes, including, but not limited 129 to, the time, date, and location of a crash; the name, age, 130 gender, race, and ethnicity of any driver involved in the crash; 131 a general description of any vehicle involved in the crash, 132 including the vehicles color, make, model, body style, and 133 year; the names of the law enforcement agencies and officers 134 responding to the scene or investigating the crash; the 135 circumstances of the crash; and whether any arrests were made or 136 traffic citations were issued prevent the dissemination or 137 publication of news to the general public by any legitimate 138 media entitled to access confidential and exempt information 139 pursuant to this section. 140 (f)If crash reports are created by or submitted to an 141 agency electronically as data elements within a computerized 142 database, or if personal information from a crash report is 143 entered into a computerized database, such crash report data 144 held by an agency is confidential and exempt from s. 119.07(1) 145 and s. 24(a), Art. I of the State Constitution. This exemption 146 applies to such crash report data held by an agency before, on, 147 or after the effective date of the exemption. This paragraph 148 does not prevent an agency from disclosing: 149 1.A crash report pursuant to paragraphs (b)(d) which is 150 rendered as an individual report in its original format, whether 151 printed as a paper document or provided in electronic format 152 such as Portable Document Format or Tagged Image File Format. 153 2.Extracts of crash report data if all personal 154 information is omitted from the extracts. 155 (g)Free newspapers of general circulation published once a 156 week or more often, of which at least 7,500 copies are 157 distributed by mail or by carrier as verified by a postal 158 statement or by a notarized printers statement of press run, 159 which are intended to be generally distributed and circulated, 160 which contain news of general interest with at least 10 pages 161 per publication, available and of interest to the public 162 generally for the dissemination of news, and which request 10 or 163 more crash reports within a 24-hour period before 60 days have 164 elapsed after the report is filed may not have access to the 165 home, cellular, employment, or other telephone number or the 166 home or employment address of any of the parties involved in the 167 crash. This subsection paragraph is subject to the Open 168 Government Sunset Review Act in accordance with s. 119.15 and 169 shall stand repealed on October 2, 2027 2019, unless reviewed 170 and saved from repeal through reenactment by the Legislature. 171 (3)(a)A Any driver failing to file the written report 172 required under subsection (1) commits a noncriminal traffic 173 infraction, punishable as a nonmoving violation as provided in 174 chapter 318. 175 (b)An Any employee of an a state or local agency, as 176 defined in s. 119.011, in possession of information made 177 confidential and exempt by this section who knowingly discloses 178 such confidential and exempt information to a person not 179 entitled to access such information under this section commits a 180 felony of the third degree, punishable as provided in s. 181 775.082, s. 775.083, or s. 775.084. 182 (c)A Any person who, knowing that he or she is not 183 entitled to obtain information made confidential and exempt by 184 this section, who obtains or attempts to obtain such information 185 commits a felony of the third degree, punishable as provided in 186 s. 775.082, s. 775.083, or s. 775.084. 187 (d)A Any person who knowingly uses confidential and exempt 188 information in violation of a filed written sworn statement, 189 memorandum of understanding, or contractual agreement required 190 by this section commits a felony of the third degree, punishable 191 as provided in s. 775.082, s. 775.083, or s. 775.084. 192 Section 2.Subsection (11) of section 316.650, Florida 193 Statutes, is amended to read: 194 316.650Traffic citations. 195 (11)(a)As used in this subsection, the term driver 196 information means a drivers date of birth, driver license 197 number, address excluding the five-digit zip code, telephone 198 number, motor vehicle license plate number, and trailer tag 199 number. The term does not include the drivers name. 200 (b)1.Driver information contained in a uniform traffic 201 citation held by an agency is exempt from s. 119.07(1) and s. 202 24(a), Art. I of the State Constitution. This paragraph applies 203 to driver information held by an agency before, on, or after the 204 effective date of the exemption. 205 2.An agency may release driver information in accordance 206 with any of the permissible uses listed in 18 U.S.C. s. 2721(b) 207 in the same manner applicable to the release of personal 208 information contained in a motor vehicle record pursuant to s. 209 119.0712(2)(b). 210 3.This paragraph is subject to the Open Government Sunset 211 Review Act in accordance with s. 119.15 and shall stand repealed 212 on October 2, 2027, unless reviewed and saved from repeal 213 through reenactment by the Legislature. 214 (c)Driver information contained in a uniform traffic 215 citation may, which includes but is not limited to, the accused 216 persons name and address, shall not be used for commercial 217 solicitation purposes. However, the use of such driver 218 information contained in a uniform traffic citation shall not be 219 considered a commercial purpose when used for publication in a 220 newspaper or other news periodical, when used for broadcast by 221 radio or television, or when used to inform a person of the 222 availability of driver safety training. 223 Section 3.(1)The Legislature finds that it is a public 224 necessity that crash reports that reveal personal information 225 concerning parties involved in a crash and the computerized 226 crash report data be confidential and exempt from s. 119.07(1), 227 Florida Statutes, and s. 24(a), Article I of the State 228 Constitution. Crash reports reveal significant personal 229 information, not only about drivers involved in a crash but also 230 about motor vehicle owners, motor vehicle passengers, and other 231 witnesses and about owners of nonvehicle property damaged in a 232 crash. Pervasive use of the Internet and related technologies 233 abet those with malicious purposes in exploiting the use of 234 personal information, such as a motorists date of birth, driver 235 license number, and address, creating ever-expanding threats to 236 motorist privacy and security never envisioned in generations 237 past. Moreover, ever-increasing use of information technology 238 for the preparation, submission, and management of crash reports 239 has led agencies to hold vast repositories of computerized crash 240 report data, which includes such personal information. Motorist 241 personal information, when held by the Department of Highway 242 Safety and Motor Vehicles in motor vehicle records, is 243 confidential pursuant to the federal Drivers Privacy Protection 244 Act of 1994, 18 U.S.C. ss. 2721 et seq., and s. 119.0712(2), 245 Florida Statutes. These restrictions on disclosure of motorist 246 personal information, however, have not applied to personal 247 information contained in crash reports. When crash reports and 248 computerized crash report data are made available to the public, 249 because they comprise much of the same personal information 250 contained in motor vehicle records, the protections afforded by 251 the federal Drivers Privacy Protection Act of 1994 are 252 significantly undermined, eroding the privacy and safety of 253 motorists. Therefore, the Legislature finds that it is a public 254 necessity to make confidential and exempt from public records 255 requirements crash reports that reveal personal information and 256 computerized crash report data. 257 (2)The Legislature finds that it is a public necessity 258 that driver information contained in a uniform traffic citation 259 held by an agency be exempt from s. 119.07(1), Florida Statutes, 260 and s. 24(a), Article I of the State Constitution. Uniform 261 traffic citations reveal significant personal information about 262 drivers issued a citation. Pervasive use of the Internet and 263 related technologies abet those with malicious purposes in 264 exploiting the use of personal information, such as a motorists 265 date of birth, driver license number, and address, creating 266 ever-expanding threats to motorist privacy and security never 267 envisioned in generations past. Motorist personal information, 268 when held by the Department of Highway Safety and Motor Vehicles 269 in motor vehicle records, is confidential pursuant to the 270 federal Drivers Privacy Protection Act of 1994, 18 U.S.C. ss. 271 2721 et seq., and s. 119.0712(2), Florida Statutes. These 272 restrictions on disclosure of motorist personal information, 273 however, have not applied to driver information contained in 274 uniform traffic citations. When driver information contained in 275 uniform traffic citations is made available to the public, 276 because it comprises much of the same personal information 277 contained in motor vehicle records, the protections afforded by 278 the federal Drivers Privacy Protection Act of 1994 are 279 significantly undermined, eroding the privacy and safety of 280 motorists. Therefore, the Legislature finds that it is a public 281 necessity to make exempt from public records requirements driver 282 information contained in uniform traffic citations. 283 Section 4.This act shall take effect July 1, 2022.