| 1 | Representative(s) Ryan offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 183 through 313, and insert: |
| 5 |
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| 6 | (b) Any employee of a state or local agency in possession |
| 7 | of information made confidential and exempt by this section who |
| 8 | knowingly discloses such confidential and exempt information to |
| 9 | a person not entitled to access such information under this |
| 10 | section is guilty of a misdemeanor felony of the first third |
| 11 | degree, punishable as provided in s. 775.082, or s. 775.083, or |
| 12 | s. 775.084. |
| 13 | (c)(e) Any person, knowing that he or she is not entitled |
| 14 | to obtain information made confidential and exempt by this |
| 15 | section, who obtains or attempts to obtain such information is |
| 16 | guilty of a misdemeanor felony of the first third degree, |
| 17 | punishable as provided in s. 775.082, or s. 775.083, or s. |
| 18 | 775.084. |
| 19 | (d)(f) Any person who knowingly uses confidential and |
| 20 | exempt information in violation of a filed written sworn |
| 21 | statement or contractual agreement required by this section |
| 22 | commits a misdemeanor felony of the first third degree, |
| 23 | punishable as provided in s. 775.082, or s. 775.083, or s. |
| 24 | 775.084. |
| 25 | (7)(4) Except as specified in this subsection, each crash |
| 26 | report made by a person involved in a crash and any statement |
| 27 | made by such person to a law enforcement officer for the purpose |
| 28 | of completing a crash report required by this section shall be |
| 29 | without prejudice to the individual so reporting. No such report |
| 30 | or statement shall be used as evidence in any trial, civil or |
| 31 | criminal. However, subject to the applicable rules of evidence, |
| 32 | a law enforcement officer at a criminal trial may testify as to |
| 33 | any statement made to the officer by the person involved in the |
| 34 | crash if that person's privilege against self-incrimination is |
| 35 | not violated. The results of breath, urine, and blood tests |
| 36 | administered as provided in s. 316.1932 or s. 316.1933 are not |
| 37 | confidential and shall be admissible into evidence in accordance |
| 38 | with the provisions of s. 316.1934(2). Crash reports made by |
| 39 | persons involved in crashes shall not be used for commercial |
| 40 | solicitation purposes; however, the use of a crash report for |
| 41 | purposes of publication in a newspaper or other news periodical |
| 42 | or a radio or television broadcast shall not be construed as |
| 43 | "commercial purpose." |
| 44 | (8) A law enforcement officer, as defined in s. 943.10(1), |
| 45 | may enforce this section. |
| 46 | (5) For purposes of this section, a written report |
| 47 | includes a report generated by a law enforcement agency through |
| 48 | the use of a computer. |
| 49 | (6) Any driver failing to file the written report required |
| 50 | under subsection (1) or subsection (2) commits a noncriminal |
| 51 | traffic infraction, punishable as a nonmoving violation as |
| 52 | provided in chapter 318. |
| 53 | Section 2. Paragraph (a) of subsection (1) of section |
| 54 | 324.051, Florida Statutes, is amended to read: |
| 55 | 324.051 Reports of crashes; suspensions of licenses and |
| 56 | registrations.-- |
| 57 | (1)(a) Every law enforcement officer who, in the regular |
| 58 | course of duty either at the time of and at the scene of the |
| 59 | crash or thereafter by interviewing participants or witnesses, |
| 60 | investigates a motor vehicle crash which he or she is required |
| 61 | to report pursuant to s. 316.066(3)(a) shall forward a written |
| 62 | report of the crash to the department within 10 days of |
| 63 | completing the investigation. However, when the investigation of |
| 64 | a crash will take more than 10 days to complete, a preliminary |
| 65 | copy of the crash report shall be forwarded to the department |
| 66 | within 10 days of the occurrence of the crash, to be followed by |
| 67 | a final report within 10 days after completion of the |
| 68 | investigation. The report shall be on a form and contain |
| 69 | information consistent with the requirements of s. 316.068. |
| 70 | Section 3. This act shall take effect October 1, 2006. |
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| 72 |
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| 73 | ======= T I T L E A M E N D M E N T ======= |
| 74 | Remove lines 12 through 17 and insert: |
| 75 |
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| 76 | decreasing from a third degree felony to a first degree |
| 77 | misdemeanor the penalty for knowing disclosure by an |
| 78 | employee of a state or local agency of confidential and |
| 79 | exempt information under the act to a person not entitled |
| 80 | to access such information; decreasing from a third degree |
| 81 | felony to a first degree misdemeanor the penalty for |
| 82 | obtaining or attempting to obtain confidential and exempt |
| 83 | information under the act in knowing disregard of a lack |
| 84 | of entitlement to obtain such information; decreasing from |
| 85 | a third degree felony to a first degree misdemeanor the |
| 86 | penalty for knowingly using confidential and exempt |
| 87 | information in violation of a filed written sworn |
| 88 | statement or contractual agreement required under the act; |
| 89 | reorganizing provisions, making editorial and conforming |
| 90 | changes, and removing superfluous language; removing the |
| 91 | scheduled repeal of the exemption under the Open |
| 92 | Government Sunset Review Act; amending s. 324.051, F.S.; |
| 93 | correcting a cross-reference; providing an effective date. |