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 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 eligibility and investigation personnel
- Department of Revenue collection and enforcement 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
FLHSMV does not redact any information from crash reports.
Once a crash transmits to HSMV, the information is in their system and anyone who purchases a copy of the report will have it.
Officers
Officers need to be sure they are filling out the information for exempt parties correctly on the original crash. Once a crash transmits to HSMV, the information is in their system and anyone who purchases a copy of the report will have it. Even if a crash update is completed to correct the information, someone may have already obtained a copy of the original crash.
If any of the involved parties in a crash are exempt per FSS 119.071(4), officers should select Yes in the Exempt From Public Records field at the top of the crash form. This includes drivers, vehicle owners, passengers, non-motorists, and witnesses. Do not use the Exempt From Public Records field to indicate 60-day exemptions under 316.066(2)(b).
The Exempt From Public Records Field is for agency use only; the information in that field does not transmit to FLHSMV.
Officers should use the work street address, email address, and phone number for agency personnel who are involved in the crash. If the person involved is a family member, use the work address, email, and phone number for the person who is employed by the agency.
Per HSMV, when someone is exempt, officers may enter 01/01/1901 in the Date of Birth field and all zeros in the Driver License Number field. TraCS will let you leave these fields blank. However, if you are completing a crash update to correct previously entered information, use 01/01/1901 for the DOB and all zeros for the DL # so that the information on the original crash gets overwritten in the HSMV system.
Records Personnel
If any of the involved parties in a crash are exempt per FSS 119.071(4), officers should select Yes in the Exempt From Public Records field at the top of the crash form. This includes drivers, vehicle owners, passengers, non-motorists, and witnesses. Officers should not use the Exempt From Public Records field to indicate 60-day exemptions under 316.066(2)(b).
The Exempt From Public Records field is for agency use only; the information in that field does not transmit to FLHSMV. They do not redact any information from crash reports.
If the field is marked YES, this is an indication to the agency that someone in the crash is exempt. This includes drivers, vehicle owners, passengers, non-motorists, and witnesses who are exempt. If the crash is printed, a warning will pop up stating that it has been flagged as exempt. It is up to the agency to determine who that is and redact accordingly.
Officers should use the work street address, email address, and phone number for agency personnel who are involved in the crash. If the person involved is a family member, they should use the work address, email, and phone number for the person who is employed by the agency. However, officers do not always remember to do this. Check the crash closely.