HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/CS/HB 1121 Pub. Rec./Crash Reports and Traffic Citations
SPONSOR(S): Commerce Committee, Government Operations Subcommittee, Tourism, Infrastructure &
Energy Subcommittee, Brannan
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1614
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee 15 Y, 0 N, As CS Johnson Keating
2) Government Operations Subcommittee 16 Y, 0 N, As CS Roth Toliver
3) Commerce Committee 20 Y, 0 N, As CS Johnson Hamon
SUMMARY ANALYSIS
Under current law, motor vehicle crash reports held by agencies that regularly receive or prepare motor vehicle
crash reports are exempt from disclosure as public records for 60 days after the reports have been filed. The
law provides a list of entities that may receive crash reports during that 60-day period. Under current law, traffic
citations are considered public records.
The bill revises the public record exemption for written crash reports to:
 Provide that personal information contained in a crash report remains exempt from disclosure after the
60-day exemption period for the entire report has expired.
 Provide that the exemption applies to crash reports held by any agency subject to the public record law.
 Revise the list of entities to which the reports may be made available.
 Require certain entities to enter into memoranda of understanding in order to obtain such information.
 Revise conditions required to access the reports.
 Exempt certain computerized crash report data.
 Require an agency, upon request, to provide a redacted crash report to the media.
The bill also creates a public record exemption for certain driver information contained in a traffic citation and
authorizes the release of this information as provided in the federal Driver Privacy Protection Act.
The bill provides that these public record exemptions are subject to repeal under the Open Government Sunset
Review Act unless the Legislature reviews and reenacts the exemptions by October 2, 2027.
The bill provides a public necessity statement for each exemption as required by the Florida Constitution.
The bill has an effective date of March 1, 2023.
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public record or public meeting exemption.
The bill creates a public record exemption; thus, it requires a two-thirds vote for final passage.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Public Records
Article I, s. 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
government records. This section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government. The Legislature, however, may
provide by general law for exemption from public records requirements provided the exemption passes
by two-thirds vote of each chamber, states with specificity the public necessity justifying the exemption,
and is no broader than necessary to meet its public purpose. 1
The Florida Statutes also address the public policy regarding access to government records. Section
119.07(1), F.S., guarantees every person a right to inspect and copy any state, county, or municipal
record, unless the record is exempt. Furthermore, the Open Government Sunset Review Act 2 provides
that a public record exemption may be created or maintained only if it serves an identifiable public
purpose and the “Legislature finds that the purpose is sufficiently compelling to override the strong
public policy of open government and cannot be accomplished without the exemption.” 3 An identifiable
public purpose is served if the exemption meets one of the following purposes:
 Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
 Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision.
 Protect trade or business secrets.4
Pursuant to s. 119.15(3), F.S., a new public records exemption or substantial amendment of an existing
public records exemption is repealed on October 2 of the fifth year following enactment, unless the
Legislature reenacts the exemption.
Federal Driver Privacy Protection Act
Motorist personal information, when held by the Department of Highway Safety and Motor Vehicles
(DHSMV) in motor vehicle records, is confidential pursuant to the federal Driver Privacy Protection Act
(DPPA).5 Personal information covered by the DPPA includes: social security number, driver license or
identification card number, name, address, telephone number and a person’s medical or disability
information.6
Under DPPA, personal information in motor vehicle and driver license records may be released for the
following purposes:7
1 Art. I, s. 24(c), FLA. CONST.
2 S. 119.15, F.S.
3 Section 119.15(6)(b), F.S.
4 Id.
5 18 U.S.C. ss. 2721 et seq., and s. 119.0712(2), F.S.
6 Department of Highway Safety and Motor Vehicles (DHSMV), Privacy Statement Driver Privacy Protection Act, available at
https://www.flhsmv.gov/privacy-statement/driver-privacy-protection-act/ (last visited on Jan. 28, 2022).
718 U.S.C. ss. 2721 et seq., and s. 119.0712(2), F.S. ; Florida Department of Highway Safety and Motor Vehicles forms HSMV 90511
(Revised 11/19) available at https://www.flhsmv.gov/pdf/forms/90511.pdf (last visited Jan. 28, 2022) and HSMV 90510 (Revised 03/19)
available at https://www.flhsmv.gov/pdf/forms/90510.pdf (last visited Jan. 28, 2022).
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  For use by any government agency, including any court or law enforcement agency, in carrying
out its functions, or any private person or entity acting on behalf of a government agency in
carrying out its functions;
 For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle
emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of
motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities; and
removal of non-owner records from the original owner records of motor vehicle manufacturers;
 For use in the normal course of business by a legitimate business or its agents, employees, or
contractors, to verify the accuracy of personal information submitted by the individual, and if
such information is incorrect, to obtain the correct information, but only for the purposes of
preventing fraud by, pursuing legal remedies against, or recovering on a debt or security
interest against, the individual;
 For use in connection with any civil, criminal, administrative, or arbitral proceeding in any court
or agency or before any self-regulatory body, including service of process, investigation in
anticipation of litigation, and execution or enforcement of judgments and orders, or pursuant to
an order of a court;
 For use in research activities and producing statistical reports;
 For use by any insurer or insurance support organization, or by a self-insured entity, or its
agents, employees, or contractors, in connection with claims investigation activities, antifraud
activities, rating, or underwriting;
 For use in providing notice to the owners of towed or impounded vehicles;
 For use by any licensed private investigative agency or licensed security service for any
purpose permitted by DPPA;
 For use by an employer or its agent or insurer to obtain or verify information relating to a holder
of a commercial driver's license;
 For use in connection with the operation of private toll facilities;
 For any other use in response to requests for individual motor vehicle records if the state has
obtained the express consent of the person to whom such personal information pertains;
 For bulk distribution for surveys, marketing, or solicitations if the state has obtained the express
consent of the person to whom such personal information pertains;
 For use by any requester, if the requester demonstrates it has obtained the written consent of
the individual to whom the information pertains; and
 For any other use specifically authorized under the law of the state that holds the record, if such
use is related to the operation of a motor vehicle or public safety.
Information that is not covered by DPPA is non-personal information. Under Florida law, such non-
personal information contained in motor vehicle and driver license records, such as vehicular crash
records, driving violations, and driver status information is considered public information.8
Motor Vehicle Crash Reports in Florida
Florida law requires written reports of motor vehicle crashes, which must contain the following
information:
 The date, time, and location of the crash.
 A description of the vehicles involved.
 The names and addresses of the parties involved, including all drivers and passengers, and the
identification of the vehicle in which each was a driver or a passenger.
 The names and addresses of witnesses.
 The name, badge number, and law enforcement agency of the officer investigating the crash.
 The names of the insurance companies for the respective parties involved in the crash.9
An investigating law enforcement agency must submit a written crash report to DHSMV within 10 days
after completing the investigation of a traffic crash that results in death or personal injury, involves a
8 DHSMV, supra note 6.
9 Ss. 316.066(1)(b) and (c), F.S.
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 violation of leaving the scene or driving under the influence, renders a vehicle inoperable to a degree
that a wrecker must remove it from the scene, or involves a commercial motor vehicle. 10 Approximately
94 percent of crash reports are submitted by law enforcement agencies to DHSMV electronically, while
about six percent of reports are submitted to DHSMV on paper and must be scanned and converted
into an electronic format.11
Crash reports contain various personal information about the parties to a crash, witnesses, and others
whose property is damaged in a crash, including names, addresses, telephone numbers, dates of birth,
driver license numbers, and certain insurance information. 12
In 2001, the Legislature limited access to crash reports during the 60-day period after a crash report is
filed.13 During that 60-day period, crash reports may only be released to 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, law enforcement agencies, the Department of Transportation,
county traffic operations, victim services programs, radio and television stations, and certain
newspapers.14
Additionally, any local, state, or federal agency authorized by law to have access to crash reports must
be granted such access in the furtherance of its statutory duties. 15
To access a crash report within the 60-day time frame, a person must demonstrate his or her
qualifications to access that information and file a written sworn statement with the state or local
agency in possession of the information stating that information from the report will not be used for any
commercial solicitation of accident victims, or knowingly disclosed to any third party for the purpose of
such solicitation, during the period of time that the information remains confidential and exempt. 16
According to the public necessity statement supporting this exemption, the 60-day exemption was
created to protect the public from unscrupulous individuals who promote the filing of fraudulent
insurance claims by obtaining such information immediately after a crash and exploiting the individual
at a time of emotional distress.17
The Florida Highway Patrol (FHP)18 routinely receives public records requests for its crash reports. In
addition, DHSMV routinely makes crash reports available to the public through the Florida Crash
Portal.19 The portal comprises crash reports transmitted by FHP, county sheriff offices, local police
departments, and other law enforcement agencies throughout the state. Crash reports provided by
DHSMV are subject to a statutory fee of $10 per report.20
To facilitate releasing crash reports to authorized persons within the 60-day exemption period, DHSMV
has prescribed a Sworn Statement to Obtain Traffic Crash Report Information (DHSMV Form 94010).21
In lieu of the printed form, users of the Florida Crash Portal may electronically submit the sworn
statement when obtaining a crash report through the portal. 22
10 S. 316.066(1)(a), F.S.
11 Department of Highway Safety and Motor Vehicle (DHSMV), Agency Analysis of 2022 Senate Bill 1614 p.2 (Jan 14, 2022).
12
See, e.g., DHSMV, Uniform Traffic Crash Report Manual (90010S) (Rev. Feb. 5, 2019), availab le at
https://www.flhsmv.gov/pdf/courts/crash/CrashManualComplete.pdf. (last visited Jan. 28, 2022).
13 Ch. 2001-163, Laws of Fla.
14 S. 316.066(2)(b), F.S.
15 S. 316.066(2)(c),F.S.
16 S. 316.066(2)(d), F.S.
17 Ch. 2001-163, Laws of Fla.
18 The Florida Highway Patrol is a division of DHSMV.
19 DHSMV, Florida Crash Portal, at https://www.flhsmv.gov/traffic-crash-reports (last visited Jan. 28, 2022).
20 S. 321.23(2)(a), F.S.; DHSMV, Agency Analysis of 2022 Senate Bill 1614. P.3.
21 See DHSMV, Sworn Statement to Ob tain Traffic Crash Report Information (HSMV Form 94010), availab le at
https://www.flhsmv.gov/pdf/forms/94010.pdf. (last visited Jan. 28, 2022).
22 DHSMV, Agency Analysis of 2022 Senate Bill 1614. P.3.
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 In addition to providing crash reports in their original format, crash reports transmitted to the Florida
Crash Portal are maintained in a computerized database. The database contains all of the original
report elements except for the law enforcement officer’s narrative description of the crash and any
crash diagrams.23
In 2021, 671,993 crash reports were completed in Florida, which included information on 1,839,532
individuals (drivers, passengers, witnesses, and pedestrians). 24
Uniform Traffic Citations
Under Florida law, DHSMV has the duty of prescribing and providing to every traffic enforcement
agency in the state prenumbered traffic citation books.25 In lieu of using printed citation books, traffic
enforcement agencies may produce uniform traffic citations by electronic means. 26 FHP is among the
agencies who routinely prepare citations electronically.27
Traffic citations contain various personal information about drivers who are issued citations, including
their names, dates of birth, addresses, telephone numbers, and driver license numbers. 28
Traffic enforcement agencies, including FHP, submit traffic citations to the clerks of court. The clerks
routinely provide searchable traffic court dockets on their Internet websites, which typically allow for
viewing and downloading of unredacted copies of uniform traffic citations. 29
Electronic citation data is also transmitted to the clerks through the Comprehensive Case Information
System maintained by the Florida Association of Court Clerks and Comptrollers, Inc. 30 Uniform traffic
citation, arrest, disposition, and criminal financial obligation files are electronically transmitted by the
clerks to DHSMV through the Traffic Citation Accounting and Transmission System. These files are
used by DHSMV to post court dispositions to the driver history records of individual drivers. 31
Under current law, all traffic citations, including all personal identifying information on the citations, is a