Crash - Exemptions from Public Records
Overview
This page talks about public records exemptions under FSS 119.071(4). For exemptions under FSS 316.066(2)(b), see the Crash Portal page.
Per FSS 119.071(4), "The home addresses, telephone numbers, dates of birth, and photographs" of agency personnel and "the names, home addresses, telephone numbers, photographs, dates of birth, and places of employment of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel" are exempt from public records, specifically "119.07(1) and s. 24(a), Art. I of the State Constitution."
Some examples of agency personnel are below.
Please see the full FSS 119.071(4) statute text for the complete list and complete details on each type of personnel. The statute is very long; scroll about halfway down the page to get to (4) AGENCY PERSONNEL INFORMATION.
Active or former sworn law enforcement personnel & civilian personnel employed by a law enforcement agency -
- Police personnel
- Corrections personnel
- Probation officers
- Department of Children & Families (DCF) personnel
- Department of Heath personnel
- Department of Revenue personnel
Active or former non-sworn investigative personnel -
- Department of Financial Services
- Office of Financial Regulation’s Bureau of Financial Investigations
Current or former certified firefighters
Current or former Supreme Court, district court of appeal judges, circuit court judges, and county court judges
Current or former state attorneys, assistant state attorneys, statewide prosecutors, or assistant statewide prosecutors
General magistrates, special magistrates, judges of compensation claims, administrative law judges of the Division of Administrative Hearings, and child support enforcement hearing officers
Current or former public defenders, assistant public defenders
Crash Forms
FLSHMV does not redact any information from crash reports. Once a crash transmits to HSMV, the information is into their system and anyone who purchases a copy of the report will see it.
=Officers
If any of the involved parties in a crash are exempt, select Yes in the Exempt From Public Records Field at the top of the crash form. This field is for agency use only; the information does not transmit to FLHSMV.
If the field is marked YES, this is an indication to the agency that someone in the crash is exempt per FSS 119.071(4). Do not use this field to indicate exemptions under 316.066(2)(b).
Records Personnel
If the crash is printed, a warning will pop up stating that someone in the crash is exempt. It is up to agency personnel to determine who that is.