Florida Senate - 2018                                    SB 1782
       
       
        
       By Senator Steube
       
       
       
       
       
       23-01225A-18                                          20181782__
    1                        A bill to be entitled                      
    2         An act relating to traffic accidents; amending s.
    3         316.066, F.S.; authorizing a law enforcement agency to
    4         contract with a private entity to send a licensed,
    5         state-authorized claims adjuster to complete a short
    6         form crash report or provide a driver exchange-of
    7         information form, in lieu of having a law enforcement
    8         officer investigate the crash; requiring the claims
    9         adjuster to submit the short-form crash report or
   10         driver exchange-of-information form to the Department
   11         of Highway Safety and Motor Vehicles and the law
   12         enforcement agency; revising requirements for the
   13         short-form crash report; conforming provisions to
   14         changes made by the act; amending ss. 316.068,
   15         324.051, and 456.072, F.S.; conforming provisions to
   16         changes made by the act; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Paragraphs (c), (d), and (e) of subsection (1)
   21  and subsection (4) of section 316.066, Florida Statutes, are
   22  amended to read:
   23         316.066 Written reports of crashes.—
   24         (1)
   25         (c)1.Except as provided in subparagraph 2., in any crash
   26  for which a Florida Traffic Crash Report, Long Form is not
   27  required by this section and which occurs on the public roadways
   28  of this state, the law enforcement officer who in the regular
   29  course of duty responds to a motor vehicle crash shall complete
   30  a short-form crash report or provide a driver exchange-of
   31  information form, to be completed by all drivers and passengers
   32  involved in the crash, which requires the identification of each
   33  vehicle that the drivers and passengers were in.
   34         2.A law enforcement agency may contract with a private
   35  entity to send a licensed, state-authorized claims adjuster to
   36  complete the short-form crash report or provide the driver
   37  exchange-of-information form. The claims adjuster shall submit
   38  the short-form crash report or driver exchange-of-information
   39  form to the department and the law enforcement agency upon its
   40  completion.
   41         3. The short-form report under this paragraph must include:
   42         a.1. The date, time, and location of the crash.
   43         b.2. A description of the vehicles involved.
   44         c.3. The names and addresses of the parties involved,
   45  including all drivers and passengers, and the identification of
   46  the vehicle in which each was a driver or a passenger.
   47         d.4. The names and addresses of witnesses.
   48         e.5.If a law enforcement officer investigates the crash,
   49  the name, badge number, and law enforcement agency of the
   50  officer investigating the crash.
   51         f. If a claims adjuster investigates the crash, the name of
   52  the claims adjuster, proof of certification or licensure of the
   53  claims adjuster, and the name of the private entity that holds
   54  the contract with the law enforcement agency and that employs or
   55  contracts with the claims adjuster.
   56         g.6. The names of the insurance companies for the
   57  respective parties involved in the crash.
   58         (d) Each party to the crash must provide the law
   59  enforcement officer or claims adjuster with proof of insurance,
   60  which must be documented in the crash report. If a law
   61  enforcement officer or claims adjuster submits a report on the
   62  crash, proof of insurance must be provided to the officer or
   63  claims adjuster by each party involved in the crash. Any party
   64  who fails to provide the required information commits a
   65  noncriminal traffic infraction, punishable as a nonmoving
   66  violation as provided in chapter 318, unless the officer or
   67  claims adjuster determines that due to injuries or other special
   68  circumstances such insurance information cannot be provided
   69  immediately. If the person provides the law enforcement agency,
   70  within 24 hours after the crash, proof of insurance that was
   71  valid at the time of the crash, the law enforcement agency may
   72  void the citation.
   73         (e) The driver of a vehicle that was in any manner involved
   74  in a crash resulting in damage to a vehicle or other property
   75  which does not require a law enforcement or claims adjuster
   76  report shall, within 10 days after the crash, submit a written
   77  report of the crash to the department. The report shall be
   78  submitted on a form approved by the department.
   79         (4) Except as specified in this subsection, each crash
   80  report made by a person involved in a crash and any statement
   81  made by such person to a law enforcement officer or claims
   82  adjuster for the purpose of completing a crash report required
   83  by this section is shall be without prejudice to the individual
   84  so reporting. Such report or statement may not be used as
   85  evidence in any trial, civil or criminal trial. However, subject
   86  to the applicable rules of evidence, a law enforcement officer
   87  or claims adjuster at a criminal trial may testify at a criminal
   88  trial as to any statement made to the officer or claims adjuster
   89  by the person involved in the crash if that person’s privilege
   90  against self-incrimination is not violated. The results of
   91  breath, urine, and blood tests administered as provided in s.
   92  316.1932 or s. 316.1933 are not confidential and are admissible
   93  into evidence in accordance with the provisions of s.
   94  316.1934(2).
   95         Section 2. Subsection (2) of section 316.068, Florida
   96  Statutes, is amended to read:
   97         316.068 Crash report forms.—
   98         (2) Every crash report required to be made in writing must
   99  be made on the appropriate form approved by the department and
  100  must contain all the information required therein, including:
  101         (a) The date, time, and location of the crash;
  102         (b) A description of the vehicles involved;
  103         (c) The names and addresses of the parties involved;
  104         (d) The names and addresses of all drivers and passengers
  105  in the vehicles involved;
  106         (e) The names and addresses of witnesses;
  107         (f) If a law enforcement officer investigates the crash,
  108  the name, badge number, and law enforcement agency of the
  109  officer investigating the crash;
  110         (g)If a claims adjuster investigates the crash, the name
  111  of the claims adjuster, proof of certification or licensure of
  112  the claims adjuster, and the name of the private entity that
  113  holds the contract with the law enforcement agency and that
  114  employs or contracts with the claims adjuster; and
  115         (h)(g) The names of the insurance companies for the
  116  respective parties involved in the crash,
  117  
  118  unless not available. The absence of information in such written
  119  crash reports regarding the existence of passengers in the
  120  vehicles involved in the crash constitutes a rebuttable
  121  presumption that no such passengers were involved in the
  122  reported crash. Notwithstanding any other provisions of this
  123  section, a crash report produced electronically by a law
  124  enforcement officer or claims adjuster must, at a minimum,
  125  contain the same information as is called for on those forms
  126  approved by the department.
  127         Section 3. Paragraph (a) of subsection (1) of section
  128  324.051, Florida Statutes, is amended to read:
  129         324.051 Reports of crashes; suspensions of licenses and
  130  registrations.—
  131         (1)(a) Every law enforcement officer or claims adjuster
  132  who, in the regular course of duty either at the time of and at
  133  the scene of the crash or thereafter by interviewing
  134  participants or witnesses, investigates a motor vehicle crash
  135  which he or she is required to report pursuant to s. 316.066(1)
  136  shall forward a written report of the crash to the department
  137  within 10 days after of completing the investigation. However,
  138  when the investigation of a crash will take more than 10 days to
  139  complete, a preliminary copy of the crash report shall be
  140  forwarded to the department within 10 days after the occurrence
  141  of the crash, to be followed by a final report within 10 days
  142  after completion of the investigation. The report shall be on a
  143  form and contain information consistent with the requirements of
  144  s. 316.068.
  145         Section 4. Paragraph (y) of subsection (1) of section
  146  456.072, Florida Statutes, is amended to read:
  147         456.072 Grounds for discipline; penalties; enforcement.—
  148         (1) The following acts shall constitute grounds for which
  149  the disciplinary actions specified in subsection (2) may be
  150  taken:
  151         (y) Using information about people involved in motor
  152  vehicle accidents which has been derived from accident reports
  153  made by law enforcement officers, claims adjusters, or persons
  154  involved in accidents under s. 316.066, or using information
  155  published in a newspaper or other news publication or through a
  156  radio or television broadcast that has used information gained
  157  from such reports, for the purposes of commercial or any other
  158  solicitation whatsoever of the people involved in the accidents.
  159         Section 5. This act shall take effect July 1, 2018.