SPECIAL LEGAL BULLETIN No. 4
September 13, 2002 (replaces Special Legal Bulletin No. 2, dated 6/21/01)
SUBJECT: Section 316.066(3)(c), Fla. Stats.--Traffic Crash Reports

Section 316.066 Florida Statutes, Written reports of crashes, was amended (effective 6/5/01) in order to protect the privacy of crash victims and to deter the filing of fraudulent insurance claims immediately after a crash (Ch. 2001-163 Laws of Fla.).  Sub-section (3)(c) was added to make crash reports that reveal personal information concerning parties to motor vehicle crashes confidential and exempt from public disclosure for 60 days after the date the report is filed.  However, crash reports, including the personal information, may be made immediately available to the parties involved in the crash and other parties specified in the amended statute. The amendments also provide criminal penalties (third degree felony) for the unlawful disclosure of confidential personal information and for unlawfully obtaining or attempting to obtain confidential personal information.

No definition is provided for the term “other personal information” used in subsection (3)(c) of the amended statute. Given the legislative intent, “other personal information” should be read to include any personal information that would allow someone to solicit crash victims, such as pager and cellular telephone numbers, hotel and temporary addresses.  It is our position that the entire crash report is exempt for the sixty-day period.

This provision was amended by Ch. 2002-20, Laws of Florida, effective July 1, 2002 to clarify the governmental agencies that may access the crash report within the 60-day exemption period.  Local agencies are now included along with state and federal agencies as being eligible for access if they are authorized access by any provision of law, in furtherance of the agency's statutory duties.

The current wording of s.316.066(3)(c) is contained on the reverse side of this bulletin.  The 2002 amendments are underlined.  Frequently asked questions about the exemptions are also found at the Florida Highway Patrol website, www.flhsmv.gov/fhp, together with a form used by the Patrol for exempt persons or entities to request crash reports within the initial 60-day period.

Questions regarding this Legal Bulletin should be directed to the local state attorney or the Office of General Counsel (850) 488-1606, SunCom 278-1606. Officers from other law enforcement agencies should contact their respective legal advisors prior to taking action based upon this Legal Bulletin.

Approved by Enoch J. Whitney, General Counsel; Edited by Judson Chapman, Assistant General Counsel.

*316.066 Written reports of crashes.--

(3)

(c) Crash reports required by this section which reveal the identity, home or employment telephone number or home or employment address of, or other personal information concerning the parties involved in the crash and which are received or prepared by any agency that regularly receives or prepares information from or concerning the parties to motor vehicle crashes are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution for a period of 60 days after the date the report is filed. However, such reports may be made immediately available to the parties involved in the crash, their legal representatives, their licensed insurance agents, their insurers or insurers to which they have applied for coverage, persons under contract with such insurers to provide claims or underwriting information, prosecutorial authorities, radio and television stations licensed by the Federal Communications Commission, newspapers qualified to publish legal notices under ss. 50.011 and 50.031, and free newspapers of general circulation, published once a week or more often, available and of interest to the public generally for the dissemination of news. For the purposes of this section, the following products or publications are not newspapers as referred to in this section: those intended primarily for members of a particular profession or occupational group; those with the primary purpose of distributing advertising; and those with the primary purpose of publishing names and other personally identifying information concerning parties to motor vehicle crashes. Any local, state, or federal agency, agent or employee that is authorized to have access to such reports by any provision of law shall be granted such access in the furtherance of the agency's statutory duties notwithstanding the provisions of this paragraph.  Any local, state, or federal agency, agent, or employee receiving such crash reports shall maintain the confidential and exempt status of those reports and shall not disclose such crash reports to any person or entity.  Any person attempting to access crash reports within 60 days after the date the report is filed must present legitimate credentials or identification that demonstrates his or her qualifications to access that information. This exemption is subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15, and shall stand repealed on October 2, 2006, unless reviewed and saved from repeal through reenactment by the Legislature.

(d) Any employee of a state or local agency in possession of information made confidential by this section who knowingly discloses such confidential information to a person not entitled to access such information under this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(e) Any person, knowing that he or she is not entitled to obtain information made confidential by this section, who obtains or attempts to obtain such information is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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*The above amendments were obtained from the Florida Online Sunshine Internet site (www.myflorida.com) and are subject to editing for arrangement and grammatical structure by the Division of Statutory Revision for the Official Florida Statutes, 2001.

Request for Traffic Crash Report Information 

  FREQUENTLY ASKED QUESTIONS

1.      During the first 60 days after filing of the crash report, is the entire report exempt from public record?

Response:  Yes, the amendment states that, "crash reports," which reveals the personal information is confidential and exempt, except to the enumerated parties who may have full access.

2.      If the report remains a public record during the 60-day period, who can lawfully purchase the crash report?

Response:  The report is not a public record during the 60-day period pursuant to the statutory revision.  The Department has developed the attached form entitled, "Request For Traffic Crash Report Information," which lists those who are eligible for access within the sixty-day period.  The form should be utilized by all Florida Highway Patrol crash record offices and completed by a qualifying applicant when records are sought within the sixty-day period.

3.      If the report remains a public record what items are required to be redacted for those persons or other entities not entitled to a nonredacted report?

Response:  The statute refers to the entire report as exempt.  Therefore, there should be no redacted version available to non-eligible parties.

4.      Can a private reporting pickup service representing law firms and insurance companies purchase copies of crash reports during the 60-day exemption period?

Response:  No, unless the service submits a completed form for a particular record in the capacity as a legal representative of a party involved or their insurer.  Runners, employees or agents of a qualifying, eligible party may pick up crash reports if they submit a completed form by their principal for a specific report.

5.      Presently, there is a prohibition on asking the identity of individuals requesting public records including crash reports.  Is that prohibition lifted with the implementation of the revisions to Section 316.066, Florida Statutes?

Response:  Yes, the amendment specifically provides that the person attempting access, "must present legitimate credentials or identification that demonstrates his or her qualifications to access that information."  It is a third degree felony for someone who knows they are not entitled to the crash record seeks to obtain or attempt to obtain access to the report.

6.      All crash reports, where a citation is issued, are forwarded to the Clerk of the Court.  The statute refers to Local, State and Federal authorities and makes no mention of “governmental agencies”.  Shall this practice continue?

Response:  Yes.  The Department construes, “local, state or federal agency that is authorized to have access to such reports” to include Clerks of the Court who function as state judicial officers.   The Clerks are responsible for insuring compliance with the statutory intent regarding distribution of crash reports to other entities.  The 2002 amendment now adds local government agencies within this access group.

        In addition, at the request of the Florida Department of Transportation, we will also recognize private companies, such as VMS Maintenance Systems, Inc., who are under contract with DOT to act as maintenance engineers for DOT projects.  They can qualify under the "local, state or government agency" section of the request form.  This form should be accompanied by a letter from DOT confirming the status of the contractor and requesting that the contactor have access to the crash reports.

7.      Many times, parties involved in traffic crashes will telephone the office seeking information that was not readily available at the time of the crash (insurance information, etc.).  The records clerk would routinely provide this information over the telephone to the party after reviewing the report.  What procedure should we follow in providing this information to parties entitled to original crash information especially if they are out of state (tourist)?  Additionally, if a report has been provided to a party in compliance with this statute and an update is later completed, is the individual required to resubmit a request for this new information?

Response:  The Department construes the revisions to Section 316.066 to require completion of the form entitled “Request for Traffic Crash Report Information” which includes review of supporting credentials or identification by an agency employee.  This can be lawfully done through facsimile transmission accompanied by photocopy of a driver license or appearance in person.  Telephone requests for confidential information within the 60-days following the filing of a crash report will not comply with the statutory requirements.  Requests for supplemental reports filed within the 60-days following the filing of the original crash report must comply with the statutory requirements as stated above.

8.      In an attempt to avoid confusion and to assist the public and records staff, should the “Request for Traffic Crash Report,” form be provided to all parties involved in a traffic crash at the scene?

Response:  There is no statutory requirement to provide the form at the time of the crash investigation; however, such a practice is optional.

9.      Other than individual parties involved in traffic crashes, what will be acceptable “supporting credentials or identification” for insurance agents, attorneys, crash report pick up services, etc., to present when obtaining crash reports?

Response:  Business letterhead requests that provide licensing or authorizing information for the person making the request and a photocopy of a driver license or other company identification will suffice.

10.     The majority of public records request are completed by mail at this office.  What will be the procedure for handling mail requests for crash reports?

Response:  The statutory requirements enumerated above will suffice.

11.     Who are considered, “parties involved in the crash”?  Can an immediate relative, friend, or room mate obtain a copy of the report on behalf of a party due to injuries or death?

Response:  Immediate relatives, such as a spouse, parent, adult child, brother, or sister and other persons authorized in writing by the immediate relative of an injured or deceased party can qualify as a "legal representative" of a party involved in a crash.  A licensed attorney will also constitute a legal representative.  Any such representative is required to complete the form on behalf of the party involved in the crash.

12.     Shouldn’t specific crash data be included on each request form (i.e. parties involved, date, location) to document compliance with the requirements of this statute?

Response:  The date of the crash and the name of the party involved should be included on each request form.

13.     Do we need a separate form for each crash report?

Response:  The form should be completed for each request, except for insurance companies or their authorized agents, including report pick up services, which may submit their own form that identifies all categories of information that appears on the form approved by the Department.  Insurance carriers, authorized agents and report services may request more than one crash report on a master form that clearly identifies each separate crash by date, name of the insured and insurance company.

Additional questions will likely arise from the implementation of this statutory revision.  All questions having a potential for statewide impact should be submitted through the chain-of-command to Lt. Colonel Larry Austin.

June 21, 2001; Revised September 13, 2002