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CS/HB 863 — Motor Vehicle Crash Reports

by Transportation and Highway Safety Subcommittee; and Rep. Kerner (CS/SB 876 by Transportation Committee and Senator Galvano)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Transportation Committee (TR)

The bill revises motor vehicle crash report access requirements. Currently, crash reports are confidential and exempt from public record disclosure requirements for a period of 60 days after the date they are filed. However, they are available to various entities, including but not limited to, the parties involved in the crash, and their legal and insurance representatives, prosecutors, law enforcement, the Department of Transportation, and legitimate news media such as radio and television stations licensed by the Federal Communications Commission, qualified newspapers, and free newspapers of general circulation.

A person attempting to access a crash report within the 60 day period is required to:

  • Present a valid driver license or other photographic identification, proof of status, or identification that demonstrates his or her qualifications to access; and
  • File a written sworn statement with the state or local agency in possession of the information stating that information from a crash report made confidential and exempt by this section will not be used for any commercial solicitation of accident victims, or knowingly disclosed to any third party during the time that information remains confidential and exempt.

The bill revises the crash report access requirement relating to filing written sworn statements within the 60-day confidential and exempt period. The bill requires a written sworn statement for each individual crash report requested.

If approved by the Governor, these provisions take effect July 1, 2014. 

Vote: Senate 36-1; House 114-3