The Florida Senate

316.066  Written reports of accidents.--

(1)  The driver of a vehicle which is in any manner involved in an accident resulting in bodily injury to or death of any person or damage to any vehicle or other property in an apparent amount of at least $500 shall, within 10 days after the accident, forward a written report of such accident to the department or traffic records center. However, when the investigating officer has made a written report of the accident pursuant to paragraph (3)(a), no written report need be forwarded to the department or traffic records center by the driver.

(2)  The receiving entity may require any driver of a vehicle involved in an accident of which written report must be made as provided in this section to file supplemental written reports whenever the original report is insufficient in the opinion of the department and may require witnesses of accidents to render reports to the department.

(3)(a)  Every law enforcement officer who in the regular course of duty investigates a motor vehicle accident:

1.  Which accident resulted in death or personal injury shall, within 10 days after completing the investigation, forward a written report of the accident to the department or traffic records center.

2.  Which accident involved a violation of s. 316.061(1) or s. 316.193 shall, within 10 days after completing the investigation, forward a written report of the accident to the department or traffic records center.

3.  In which accident a vehicle was rendered inoperative to a degree which required a wrecker to remove it from traffic may, within 10 days after completing the investigation, forward a written report of the accident to the department or traffic records center if such action is appropriate, in the officer's discretion.

However, in every case in which an accident report is required by this section and a written report to a law enforcement officer is not prepared, the law enforcement officer shall provide each party involved in the accident a short-form report, prescribed by the state, to be completed by the party. The short-form report must include, but is not limited to: the date, time, and location of the accident; a description of the vehicles involved; the names and addresses of the parties involved; the names and addresses of witnesses; the name, badge number, and law enforcement agency of the officer investigating the accident; and the names of the insurance companies for the respective parties involved in the accident. Each party to the accident shall provide the law enforcement officer with proof of insurance to be included in the accident report. If a law enforcement officer submits a report on the accident, proof of insurance must be provided to the officer by each party involved in the accident. Any party who fails to provide the required information is guilty of an infraction for a nonmoving violation, punishable as provided in chapter 318 unless the officer determines that due to injuries or other special circumstances such insurance information cannot be provided immediately. If the person provides the law enforcement agency, within 24 hours after the accident, proof of insurance that was valid at the time of the accident, the law enforcement agency may void the citation.

(b)  One or more counties may enter into an agreement with the appropriate state agency to be certified by the agency to have a traffic records center for the purpose of tabulating and analyzing countywide traffic accident reports. The agreement must include: certification by the agency that the center has adequate auditing and monitoring mechanisms in place to ensure the quality and accuracy of the data; the time period in which the traffic records center must report accident data to the agency; and the medium in which the traffic records must be submitted to the agency. In the case of a county or multicounty area that has a certified central traffic records center, a law enforcement agency or driver must submit to the center within the time limit prescribed in this section a written report of the accident. A driver who is required to file an accident report must be notified of the proper place to submit the completed report. Fees for copies of public records provided by a certified traffic records center shall be charged and collected as follows:

For an accident report ....... $2 per copy.

For a homicide report ....... $25 per copy.

For a uniform traffic citation ....... $0.50 per copy.


The fees collected for copies of the public records provided by a certified traffic records center shall be used to fund the center or otherwise as designated by the county or counties participating in the center.

(c)  Accident reports made by law enforcement officers shall not be used for commercial solicitation purposes; provided, however, that use of an accident report for purposes of publication in a newspaper or other news periodical or a radio or television broadcast shall not be construed as "commercial purpose."

(4)  Except as specified in this subsection, each accident report made by a person involved in an accident and any statement made by such person to a law enforcement officer for the purpose of completing an accident report required by this section shall be without prejudice to the individual so reporting. No such report or statement shall be used as evidence in any trial, civil or criminal. However, subject to the applicable rules of evidence, a law enforcement officer at a criminal trial may testify as to any statement made to the officer by the person involved in the accident if that person's privilege against self-incrimination is not violated. The results of breath, urine, and blood tests administered as provided in s. 316.1932 or s. 316.1933 are not confidential and shall be admissible into evidence in accordance with the provisions of s. 316.1934(2). Accident reports made by persons involved in accidents shall not be used for commercial solicitation purposes; provided, however, that use of an accident report for purposes of publication in a newspaper or other news periodical or a radio or television broadcast shall not be construed as "commercial purpose."

(5)  For purposes of this section, a written report includes a report generated by a law enforcement agency through the use of a computer.

(6)  Any driver failing to file the written report required under subsection (1) is subject to the penalty provided in s. 318.18(2).

History.--s. 1, ch. 71-135; s. 1, ch. 80-80; s. 6, ch. 82-155; s. 1, ch. 83-22; s. 15, ch. 86-296; s. 2, ch. 88-370; s. 2, ch. 89-271; s. 23, ch. 90-119; s. 14, ch. 91-255; s. 16, ch. 94-306; s. 9, ch. 96-350; s. 1, ch. 97-300.