Senate Bill sb7038pb
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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7038
    FOR CONSIDERATION By the Committee on Transportation
    596-588-06
  1                      A bill to be entitled
  2         An act relating to a review under the Open
  3         Government Sunset Review Act; amending s.
  4         316.066, F.S., relating to an exemption from
  5         public-records requirements provided for
  6         written reports of motor vehicle crashes which
  7         are forwarded to the Department of Highway
  8         Safety and Motor Vehicles or to a traffic
  9         records center; saving the exemption from
10         repeal under the Open Government Sunset Review
11         Act; deleting provisions providing for the
12         repeal of the exemption; providing an effective
13         date.
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15  Be It Enacted by the Legislature of the State of Florida:
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17         Section 1.  Paragraph (c) of subsection (3) of section
18  316.066, Florida Statutes, is amended to read:
19         316.066  Written reports of crashes.--
20         (3)
21         (c)  Crash reports required by this section which
22  reveal the identity, home or employment telephone number or
23  home or employment address of, or other personal information
24  concerning the parties involved in the crash and which are
25  received or prepared by any agency that regularly receives or
26  prepares information from or concerning the parties to motor
27  vehicle crashes are confidential and exempt from s. 119.07(1)
28  and s. 24(a), Art. I of the State Constitution for a period of
29  60 days after the date the report is filed. However, such
30  reports may be made immediately available to the parties
31  involved in the crash, their legal representatives, their
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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7038
    596-588-06
 1  licensed insurance agents, their insurers or insurers to which
 2  they have applied for coverage, persons under contract with
 3  such insurers to provide claims or underwriting information,
 4  prosecutorial authorities, victim services programs, radio and
 5  television stations licensed by the Federal Communications
 6  Commission, newspapers qualified to publish legal notices
 7  under ss. 50.011 and 50.031, and free newspapers of general
 8  circulation, published once a week or more often, available
 9  and of interest to the public generally for the dissemination
10  of news. For the purposes of this section, the following
11  products or publications are not newspapers as referred to in
12  this section: those intended primarily for members of a
13  particular profession or occupational group; those with the
14  primary purpose of distributing advertising; and those with
15  the primary purpose of publishing names and other personal
16  identifying information concerning parties to motor vehicle
17  crashes. Any local, state, or federal agency, victim services
18  program, agent, or employee that is authorized to have access
19  to such reports by any provision of law shall be granted such
20  access in the furtherance of the agency's statutory duties
21  notwithstanding the provisions of this paragraph. Any local,
22  state, or federal agency, agent, or employee receiving such
23  crash reports shall maintain the confidential and exempt
24  status of those reports and shall not disclose such crash
25  reports to any person or entity. As a condition precedent to
26  accessing a crash report within 60 days after the date the
27  report is filed, a person must present a valid driver's
28  license or other photographic identification, proof of status,
29  or identification that demonstrates his or her qualifications
30  to access that information, and file a written sworn statement
31  with the state or local agency in possession of the
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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7038
    596-588-06
 1  information stating that information from a crash report made
 2  confidential by this section will not be used for any
 3  commercial solicitation of accident victims, or knowingly
 4  disclosed to any third party for the purpose of such
 5  solicitation, during the period of time that the information
 6  remains confidential. In lieu of requiring the written sworn
 7  statement, an agency may provide crash reports by electronic
 8  means to third-party vendors under contract with one or more
 9  insurers, but only when such contract states that information
10  from a crash report made confidential by this section will not
11  be used for any commercial solicitation of accident victims by
12  the vendors, or knowingly disclosed by the vendors to any
13  third party for the purpose of such solicitation, during the
14  period of time that the information remains confidential, and
15  only when a copy of such contract is furnished to the agency
16  as proof of the vendor's claimed status. This subsection does
17  not prevent the dissemination or publication of news to the
18  general public by any legitimate media entitled to access
19  confidential information pursuant to this section. A law
20  enforcement officer as defined in s. 943.10(1) may enforce
21  this subsection. This exemption is subject to the Open
22  Government Sunset Review Act of 1995 in accordance with s.
23  119.15, and shall stand repealed on October 2, 2006, unless
24  reviewed and saved from repeal through reenactment by the
25  Legislature.
26         Section 2.  This act shall take effect October 1, 2006.
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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7038
    596-588-06
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 2                          SENATE SUMMARY
 3    Removes the repeal under the Open Government Sunset
      Review Act of the public-records exemption for written
 4    reports of motor vehicle crashes forwarded to the
      Department of Highway Safety and Motor Vehicles or to a
 5    traffic records center.
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