The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/SB 1614
INTRODUCER: Governmental Oversight and Accountability Committee; Transportation Committee and
Senator Harrell
SUBJECT: Public Records/Motor Vehicle Crashes/Traffic Citations
DATE: February 21, 2022 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Proctor Vickers TR Fav/CS
2. Ponder McVaney GO Fav/CS
3. Proctor Phelps RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1614 amends s. 316.066, F.S., to (i) expand a current public records exemption
related to personal information in a crash report; and (ii) make crash report data in a
computerized database confidential and exempt from public inspection and copying
requirements. The bill also amends s. 316.650, F.S., to make driver information contained in a
uniform traffic citation (UTC) exempt from public record inspection and copying requirements.
The exemption for personal information in a crash report is expanded under the bill by enlarging
the definition of agency.1 The bill makes crash report data in a computerized database
confidential and exempt from public inspection and copying requirements. The bill designates
certain governmental and third-party entities to whom a crash report may be made immediately
available. The bill permits a crash report to be immediately available to the media2 provided that
it does not contain any of the following information related to the parties involved in the crash:
 The home or employment street address;
 Driver license number or identification card number;
1
The bill provides that agency has the same meaning as that term is defined in s. 119.011, F.S., rather than, as under current
law, meaning only those agencies that “regularly receive[] or prepare[] information from or concerning the parties to motor
vehicle crashes.” See s. 316.066(2)(a), F.S.
2
Radio and television stations licensed by the Federal Communications Commissions and newspapers qualified to publish
legal notices under ss. 50.011 and 50.031, F.S.
BILL: CS/CS/SB 1614 Page 2
 Date of birth; and
 Home and employment telephone numbers.
The bill permits a crash report to also be made available to any third party acting on behalf of a
person or entity authorized under law to access the crash report, except that the third party may
disclose the crash may disclose the crash report only to the person or entity authorized to access
the crash report on whose behalf the third party has sought the report.
The bill provides that crash reports may be made available 60 days after the report is filed to any
person or entity eligible to access crash reports under the bill or in accordance with any of the
permissible uses listed in 18. U.S.C. s. 2721(b) and pursuant to the resale and redisclosure
requirements in 18 U.S.C. s. 2721(c).
The bill makes driver information in a UTC exempt from public records inspection and copying
requirements. The bill defines the term “driver information” to mean a driver’s date of birth,
driver license number, address excluding the five-digit zip code, telephone number, motor
vehicle license plate number, and trailer tag number. The bill excludes the driver’s name from
the definition.
The bill specifically provides authority for an agency to release driver information in a UTC in
accordance with the exemptions in the Driver’s Privacy Protection Act (DPPA) of 1994 and in
the same manner that prescribed by s. 119.0712(2)(b), F.S., which governs the release of
personal information in a motor vehicle record.
The bill provides additional penalties for a person who obtains a crash report or crash data and
who knowingly discloses or knowingly uses personal information revealed in the report for a
purpose not permitted under 18 U.S.C. s. 2721(b) is liable to the individual to whom the
information pertains, who may bring a civil action in any court of competent jurisdiction. The
court may award:
 Actual damages, but not less than liquidated damages in the amount of $2,500;
 Punitive damages upon proof of willful or reckless disregard of the law;
 Reasonable attorney fees and other litigation costs reasonably incurred; or
 Such other preliminary and equitable relief as the court determines to be appropriate.
The bill is subject to the Open Government Sunset Review Act and will stand repealed on
October 2, 2027, unless reviewed and reenacted by the Legislature. The bill contains a public
necessity statement for each exemption as required by the State Constitution.
Because the bill expands a public records exemption and creates two new public records
exemptions, a two-thirds vote of the members present and voting in each house of the Legislature
is required for passage.
The bill takes effect March 1, 2023.
BILL: CS/CS/SB 1614 Page 3
II. Present Situation:
Access to Public Records - Generally
The State Constitution provides that the public has the right to inspect or copy records made or
received in connection with official governmental business.3 The right to inspect or copy applies
to the official business of any public body, officer, or employee of the state, including all three
branches of state government, local governmental entities, and any person acting on behalf of the
government.4
Additional requirements and exemptions related to public records are found in various statutes
and rules, depending on the branch of government involved. For instance, section 11.0431,
Florida Statutes (F.S.), provides public access requirements for legislative records. Relevant
exemptions are codified in s. 11.0431(2)-(3), F.S., and the statutory provisions are adopted in the
rules of each house of the legislature.5 Florida Rule of Judicial Administration 2.420 governs
public access to judicial branch records.6 Lastly, chapter 119, F.S., provides requirements for
public records held by executive agencies.
Executive Agency Records – The Public Records Act
Chapter 119, F.S., known as the Public Records Act, provides that all state, county and
municipal records are open for personal inspection and copying by any person, and that
providing access to public records is a duty of each agency.7
A public record includes virtually any document or recording, regardless of its physical form or
how it may be transmitted.8 The Florida Supreme Court has interpreted the statutory definition of
“public record” to include “material prepared in connection with official agency business which
is intended to perpetuate, communicate, or formalize knowledge of some type.9
The Florida Statutes specify conditions under which public access to public records must be
provided. The Public Records Act guarantees every person’s right to inspect and copy any public
record at any reasonable time, under reasonable conditions, and under supervision by the
3
FLA. CONST. art. I, s. 24(a).
4
Id.
5
See Rule 1.48, Rules and Manual of the Florida Senate, (2018-2020) and Rule 14.1, Rules of the Florida House of
Representatives, Edition 2, (2018-2020)
6
State v. Wooten, 260 So. 3d 1060 (Fla. 4th DCA 2018).
7
Section 119.01(1), F.S. Section 119.011(2), F.S., defines “agency” as “any state, county, district, authority, or municipal
officer, department, division, board, bureau, commission, or other separate unit of government created or established by law
including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of
Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf
of any public agency.”
8
Section 119.011(12), F.S., defines “public record” to mean “all documents, papers, letters, maps, books, tapes, photographs,
films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means
of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by
any agency.”
9
Shevin v. Byron, Harless, Schaffer, Reid and Assoc., Inc., 379 So. 2d 633, 640 (Fla. 1980).
BILL: CS/CS/SB 1614 Page 4
custodian of the public record.10 A violation of the Public Records Act may result in civil or
criminal liability.11
The Legislature may exempt public records from public access requirements by passing a
general law by a two-thirds vote of both the House and the Senate.12 The exemption must state
with specificity the public necessity justifying the exemption and must be no broader than
necessary to accomplish the stated purpose of the exemption.13
General exemptions from the public records requirements are contained in the Public Records
Act.14 Specific exemptions often are placed in the substantive statutes relating to a particular
agency or program.15
When creating a public records exemption, the Legislature may provide that a record is “exempt”
or “confidential and exempt.” Custodians of records designated as “exempt” are not prohibited
from disclosing the record; rather, the exemption means that the custodian cannot be compelled
to disclose the record.16 Custodians of records designated as “confidential and exempt” may not
disclose the record except under circumstances specifically defined by the Legislature.17
Open Government Sunset Review Act
The Open Government Sunset Review Act18 (the Act) prescribes a legislative review process for
newly created or substantially amended19 public records or open meetings exemptions, with
specified exceptions.20 It requires the automatic repeal of such exemption on October 2nd of the
fifth year after creation or substantial amendment, unless the Legislature reenacts the
exemption.21
The Act provides that a public records or open meetings exemption may be created or
maintained only if it serves an identifiable public purpose and is no broader than is necessary.22
10
Section 119.07(1)(a), F.S.
11
Section 119.10, F.S. Public records laws are found throughout the Florida Statutes, as are the penalties for violating those
laws.
12
FLA. CONST. art. I, s. 24(c).
13
Id. See, e.g., Halifax Hosp. Medical Center v. News-Journal Corp., 724 So. 2d 567 (Fla. 1999) (holding that a public
meetings exemption was unconstitutional because the statement of public necessity did not define important terms and did
not justify the breadth of the exemption); Baker County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d 189
(Fla. 1st DCA 2004) (holding that a statutory provision written to bring another party within an existing public records
exemption is unconstitutional without a public necessity statement).
14
See, e.g., s. 119.071(1)(a), F.S. (exempting from public disclosure examination questions and answer sheets of
examinations administered by a governmental agency for the purpose of licensure).
15
See, e.g., s. 213.053(2)(a), F.S. (exempting from public disclosure information contained in tax returns received by the
Department of Revenue).
16
See Williams v. City of Minneola, 575 So. 2d 683, 687 (Fla. 5th DCA 1991).
17
WFTV, Inc. v. The School Board of Seminole, 874 So. 2d 48 (Fla. 5th DCA 2004).
18
Section 119.15, F.S.
19
An exemption is considered to be substantially amended if it is expanded to include more records or information or to
include meetings as well as records. Section 119.15(4)(b), F.S.
20
Section 119.15(2)(a) and (b), F.S., provide that exemptions that are required by federal law or are applicable solely to the
Legislature or the State Court System are not subject to the Open Government Sunset Review Act.
21
Section 119.15(3), F.S.
22
Section 119.15(6)(b), F.S.
BILL: CS/CS/SB 1614 Page 5
An exemption serves an identifiable purpose if it meets one of the following purposes and the
Legislature finds that the purpose of the exemption outweighs open government policy and
cannot be accomplished without the exemption:
 It allows the state or its political subdivisions to effectively and efficiently administer a
governmental program, and administration would be significantly impaired without the
exemption;23
 It protects sensitive, personal information, the release of which would be defamatory, cause
unwarranted damage to the good name or reputation of the individual, or would jeopardize
the individual’s safety. If this public purpose is cited as the basis of an exemption, however,
only personal identifying information is exempt;24 or
 It protects information of a confidential nature concerning entities, such as trade or business
secrets.25
The Act also requires specified questions to be considered during the review process.26 In
examining an exemption, the Act directs the Legislature to carefully question the purpose and
necessity of reenacting the exemption.
If the exemption is continued and expanded, then a public necessity statement and a two-thirds
vote for passage are required.27 If the exemption is continued without substantive changes or if
the exemption is continued and narrowed, then a public necessity statement and a two-thirds vote
for passage are not required. If the Legislature allows an exemption to sunset, the previously
exempt records will remain exempt unless provided for by law.28
Driver Privacy Protection Act of 1994
To obtain a driver’s license or register a vehicle, state departments of motor vehicles require an
individual to disclose detailed personal information, including name, home address, telephone
number, social security number and medical information. The Drivers Privacy Protection Act of
199429 (DPPA) was enacted to address two concerns (i) the growing threat from stalkers and
criminals who could acquire personal information from state departments of motor vehicles; and
(ii) to address the concern related to the common practice of some states of selling personal
information to business engaged in direct marketing and solicitation. To address these concerns,
the DPPA “establishes a regulatory scheme that restricts the States’ ability to disclose a driver’s
23
Section 119.15(6)(b)1., F.S.
24
Section 119.15(6)(b)2., F.S.
25
Section 119.15(6)(b)3., F.S.
26
Section 119.15(6)(a), F.S. The specified questions are:
 What specific records or meetings are affected by the exemption?
 Whom does the exemption uniquely affect, as opposed to the general public?
 What is the identifiable public purpose or goal of the exemption?
 Can the information contained in the records or discussed in the meeting be readily obtained by alternative means?
If so, how?
 Is the record or meeting protected by another exemption?
 Are there multiple exemptions for the same type of record or meeting that it would be appropriate to merge?
27
See generally s. 119.15, F.S.
28
Section 119.15(7), F.S.
29
18 U.S.C. §§ 2721-2725.
BILL: CS/CS/SB 1614 Page 6
personal information from motor vehicle records without the driver’s consent.”30 The DPPA
defines “motor vehicle record” to mean “any record that pertains to a motor vehicle operator's
permit, motor vehicle title, motor vehicle registration, or identification card issued by a
department of motor vehicles.”31 “[P]ersonal information” is “information that identifies an
individual, including [a] … driver identification number, name, address …, [or] telephone
number, and medical or disability information, but does not include information on vehicular
accidents, driving violations and driver’s status.”32
The DPPA’s disclosure ban is subject to the following 14 exceptions for which personal
information may be disclosed:
 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 Federal, State,
or local agency in carrying out its functions.
 For use in connection with matters of motor vehicle or driver safety and theft; m