Florida Statute 316.066 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

View Entire Chapter

F.S. 316.066

316.066 Written reports of crashes.—

(1)(a) A Florida Traffic Crash Report, Long Form must be completed and submitted to the department within 10 days after an investigation is completed by the law enforcement officer who in the regular course of duty investigates a motor vehicle crash that:

1. Resulted in death of, personal injury to, or any indication of complaints of pain or discomfort by any of the parties or passengers involved in the crash;

2. Involved a violation of s. 316.061(1) or s. 316.193;

3. Rendered a vehicle inoperable to a degree that required a wrecker to remove it from the scene of the crash; or

4. Involved a commercial motor vehicle.

(b) The Florida Traffic Crash Report, Long Form must include:

1. The date, time, and location of the crash.

2. A description of the vehicles involved.

3. 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.

4. The names and addresses of witnesses.

5. The name, badge number, and law enforcement agency of the officer investigating the crash.

6. The names of the insurance companies for the respective parties involved in the crash.

(c) In any crash for which a Florida Traffic Crash Report, Long Form is not required by this section and which occurs on the public roadways of this state, the law enforcement officer shall complete a short-form crash report or provide a driver exchange-of-information form, to be completed by all drivers and passengers involved in the crash, which requires the identification of each vehicle that the drivers and passengers were in. The short-form report must include:

1. The date, time, and location of the crash.

2. A description of the vehicles involved.

3. 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.

4. The names and addresses of witnesses.

5. The name, badge number, and law enforcement agency of the officer investigating the crash.

6. The names of the insurance companies for the respective parties involved in the crash.

(d) Each party to the crash must provide the law enforcement officer with proof of insurance, which must be documented in the crash report. If a law enforcement officer submits a report on the crash, proof of insurance must be provided to the officer by each party involved in the crash. Any party who fails to provide the required information commits a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318, unless the officer determines that due to injuries or other special circumstances such insurance information cannot be provided immediately. If the person provides the law enforcement agency, within 24 hours after the crash, proof of insurance that was valid at the time of the crash, the law enforcement agency may void the citation.

(e) The driver of a vehicle that was in any manner involved in a crash resulting in damage to a vehicle or other property which does not require a law enforcement report shall, within 10 days after the crash, submit a written report of the crash to the department. The report shall be submitted on a form approved by the department.

(f) Long-form and short-form crash reports prepared by law enforcement must be submitted to the department and may be maintained by the law enforcement officer’s agency.

(2)(a) Crash reports that 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 that are held by an agency, as defined in s. 119.011, 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.

(b) Crash reports held by an agency under paragraph (a) 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, law enforcement agencies and their contracted service providers, victim services programs, and any federal, state, or local governmental agency or any private person or entity acting on behalf of a federal, state, or local governmental agency in carrying out its functions, but not for redistribution to any person or entity not listed in this subsection. Crash reports held by an agency under paragraph (a) which do not contain the home or employment street addresses, driver license or identification card numbers, dates of birth, and home and employment telephone numbers of the parties involved in the crash shall be made immediately available to radio and television stations licensed by the Federal Communications Commission and newspapers qualified to publish legal notices under ss. 50.011 and 50.031. A crash report may also be made available to any third party acting on behalf of a person or entity authorized under this section to access the crash report, except that the third party may disclose the crash report only to the person or entity authorized to access the crash report under this section on whose behalf the third party has sought the report. This section shall not prevent an agency, pursuant to a memorandum of understanding, from providing data derived from crash reports to a third party solely for the purpose of identifying vehicles involved in crashes if such data does not reveal the identity, home or employment telephone number or home or employment address, or other personal information of the parties involved in the crash.

(c) Any local, state, or federal agency that is authorized to have access to crash reports by any provision of law shall be granted such access in the furtherance of the agency’s statutory duties.

(d) As a condition precedent to accessing a crash report, a person must present a valid driver license or other photographic identification, proof of status, or identification that demonstrates 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 a crash report made confidential and exempt by this section will not be used for any commercial solicitation of accident victims or knowingly disclosed to any third party for the purpose of such solicitation. Such written sworn statement must be completed and sworn to by the requesting party for each individual crash report that is being requested. In lieu of requiring the written sworn statement, an agency may provide crash reports by electronic means pursuant to a memorandum of understanding to third-party vendors under contract with one or more insurers, but only when such contract states that information from a crash report made confidential and exempt by this section will not be used for any commercial solicitation of accident victims by the vendors, or knowingly disclosed by the vendors to any third party for the purpose of such solicitation, and only when a copy of such contract is furnished to the agency as proof of the vendor’s claimed status.

(e) This subsection does not prevent the dissemination or publication of news to the general public by any legitimate media entitled to access confidential and exempt information pursuant to this section.

(f) Crash reports held by an agency under paragraph (a) may be made available 60 days after the date the report is filed to any person or entity eligible to access crash reports under paragraph (b) 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).

(g) If crash reports are created by or submitted to an agency electronically as data elements within a computerized database or if personal information from a crash report is entered into a computerized database, such crash data held by an agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Sixty days after the date the crash report is filed, an agency may provide crash data derived from the crash report which includes personal information to entities eligible to access the crash report under paragraph (b), 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). Such data shall be provided pursuant to a memorandum of understanding.

(h) This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2027, unless reviewed and saved from repeal through reenactment by the Legislature.

(3)(a) Any driver failing to file the written report required under subsection (1) commits a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

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

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

(d) Any person who knowingly uses confidential and exempt information in violation of a filed written sworn statement, memorandum of understanding, or contractual agreement required by this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(e) In addition to penalties outlined in paragraphs (c) and (d), 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:

1. Actual damages, but not less than liquidated damages in the amount of $2,500.

2. Punitive damages upon proof of willful or reckless disregard of the law.

3. Reasonable attorney fees and other litigation costs reasonably incurred.

4. Such other preliminary and equitable relief as the court determines to be appropriate.

This paragraph does not apply to radio and television stations licensed by the Federal Communications Commission and newspapers qualified to publish legal notices under ss. 50.011 and 50.031.

(4) Except as specified in this subsection, each crash report made by a person involved in a crash and any statement made by such person to a law enforcement officer for the purpose of completing a crash report required by this section shall be without prejudice to the individual so reporting. Such report or statement may not be used as evidence in any trial, civil or criminal. However, subject to the applicable rules of evidence, a law enforcement officer at a criminal trial may testify as to any statement made to the officer by the person involved in the crash if that person’s privilege against self-incrimination is not violated. The results of breath, urine, and blood tests administered as provided in s. 316.1932 or s. 316.1933 are not confidential and are admissible into evidence in accordance with the provisions of s. 316.1934(2).

(5) A law enforcement officer, as defined in s. 943.10(1), may enforce this section.

History.—s. 1, ch. 71-135; s. 1, ch. 80-80; s. 6, ch. 82-155; s. 1, ch. 83-22; s. 15, ch. 86-296; s. 2, ch. 88-370; s. 2, ch. 89-271; s. 23, ch. 90-119; s. 14, ch. 91-255; s. 16, ch. 94-306; s. 9, ch. 96-350; s. 1, ch. 97-300; s. 88, ch. 99-248; s. 1, ch. 2001-163; s. 102, ch. 2002-20; s. 3, ch. 2003-411; s. 2, ch. 2005-177; s. 1, ch. 2006-260; s. 4, ch. 2009-71; s. 2, ch. 2010-163; s. 2, ch. 2010-223; s. 7, ch. 2011-66; s. 1, ch. 2012-197; s. 3, ch. 2013-160; s. 1, ch. 2014-212; s. 1, ch. 2014-213; s. 9, ch. 2022-5; s. 1, ch. 2022-198; s. 1, ch. 2023-186.

F.S. 316.066 on Google Scholar

F.S. 316.066 on CourtListener

Amendments to 316.066

Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S316.066

R or S next to points is Mandatory Revocation or Suspension

S316.066 (1) CRASH - Failure of DRIVER to make written report of crash when no written report by officer - Points on Drivers License: 0

S316.066 (1)(c) CRASH - Failure of each party to the crash to provide proof of insurance to the investigating officer (24 CLOCK hours allowed only if injury or special circumstances prevents immediate proof) - Points on Drivers License: 0

S316.066 (1)(d) CRASH- Failure of DRIVER to make written report of crash when no written reportby officer (damageof greater than or equal to $500) - Points on Drivers License: 0

S316.066 (2) CRASH - Failure of Driver to submit SUPPLEMENTAL report of crash when required - Points on Drivers License: 0

Arrestable Offenses / Crimes under Fla. Stat. 316.066

Level: Degree
Misdemeanor/Felony: First/Second/Third

S316.066 3b - NONMOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 9476 - F: T

S316.066 3b - INVADE PRIVACY - DISCLOSE CONFID CRASH REPORT TO UNAUTH PERSON - F: T

S316.066 3c - NONMOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 9477 - F: T

S316.066 3c - INVADE PRIVACY - UNAUTH PERSON OBTAIN CONFIDENTIAL CRASH REPORT - F: T

S316.066 3d - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC# 6066 - F: T

S316.066 3d - NONMOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 9478 - F: T

S316.066 3d - INVADE PRIVACY - UNLAWFUL USE CONFIDENTIAL CRASH REPORT - F: T

S316.066 3e - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC# 6067. - F: T

S316.066 3f - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC# 6068 - F: T

S316.066 4b - TRAFFIC OFFENSE - RENUMBERED. SEE REC #7180 - F: T

S316.066 4c - TRAFFIC OFFENSE - RENUMBERED. SEE REC #7181 - F: T

S316.066 4d - TRAFFIC OFFENSE - RENUMBERED. SEE REC #7186 - F: T

S316.066 6b - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC #7027 - F: T

S316.066 6c - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC #7028 - F: T

S316.066 6d - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC #7029 - F: T

Cases Citing Statute 316.066

Total Results: 120

Combs v. State

436 So. 2d 93

Supreme Court of Florida | Filed: Jul 28, 1983 | Docket: 1340278

Cited 227 times | Published

(1981), and were therefore privileged under section 316.066(4). The trial court overruled the objections

Burks v. State

613 So. 2d 441, 1993 WL 8980

Supreme Court of Florida | Filed: Jan 21, 1993 | Docket: 380068

Cited 40 times | Published

complete an accident report as required by section 316.066(4), Florida Statutes (1989). He then advised

Maddox v. State

923 So. 2d 442, 2006 WL 59332

Supreme Court of Florida | Filed: Jan 12, 2006 | Docket: 1496410

Cited 35 times | Published

as evidence in any trial, civil or criminal." § 316.066(4), Fla. Stat. (2001) (emphasis supplied). The

Brackin v. Boles

452 So. 2d 540

Supreme Court of Florida | Filed: Jun 14, 1984 | Docket: 474535

Cited 33 times | Published

that this evidence was inadmissible under section 316.066, Florida Statutes (1981). During Brackin's

SGK v. State

657 So. 2d 1246, 1995 WL 405276

District Court of Appeal of Florida | Filed: Jul 11, 1995 | Docket: 464012

Cited 32 times | Published

e., investigating an accident pursuant to section 316.066(3)(a), Florida Statutes (1993)), and appellant

Sikes v. Seaboard Coast Line R. Co.

429 So. 2d 1216

District Court of Appeal of Florida | Filed: Mar 9, 1983 | Docket: 1667487

Cited 25 times | Published

constitutes an example of inadmissible evidence. See § 316.066(4), Fla. Stat.; Duval Motor Co. v. Woodward, 419

Schreier v. Parker

415 So. 2d 794

District Court of Appeal of Florida | Filed: Jun 8, 1982 | Docket: 459230

Cited 22 times | Published

Schreier, alleged to be privileged under Section 316.066(4), Florida Statutes (1979). The testimony

City of Tamarac v. Garchar

398 So. 2d 889

District Court of Appeal of Florida | Filed: May 1, 1981 | Docket: 1326292

Cited 22 times | Published

that the trial court erred in relying upon Section 316.066, Florida Statutes (1973), formerly Section

State v. Hoch

500 So. 2d 597, 11 Fla. L. Weekly 2661

District Court of Appeal of Florida | Filed: Dec 16, 1986 | Docket: 408558

Cited 18 times | Published

results of such tests are not privileged under section 316.066, Florida Statutes (1981), the privileged accident

Hendrix v. Evenflo Co.

255 F.R.D. 568, 2009 U.S. Dist. LEXIS 6198, 2009 WL 252089

District Court, N.D. Florida | Filed: Jan 28, 2009 | Docket: 66037017

Cited 17 times | Published

preparing a traffic accident report, Fla. Stat. § 316.066(7), for the astonishing proposition that an accident

Budget Rent a Car Sys., Inc. v. Jana

600 So. 2d 466, 1992 WL 16628

District Court of Appeal of Florida | Filed: Sep 9, 1992 | Docket: 1527793

Cited 16 times | Published

were properly excluded after a proffer under section 316.066, Florida Statutes (1989). The trial court properly

State v. Norstrom

613 So. 2d 437, 1993 WL 5055

Supreme Court of Florida | Filed: Jan 14, 1993 | Docket: 1511321

Cited 15 times | Published

incident and were, therefore, privileged under section 316.066, Florida Statutes (Supp. 1988). The district

Soler v. Kukula

297 So. 2d 600

District Court of Appeal of Florida | Filed: Jul 9, 1974 | Docket: 451191

Cited 12 times | Published

documents because they are privileged pursuant to § 316.066, Fla. Stat., F.S.A., which bars the admission

White v. Consolidated Freightways Corp.

766 So. 2d 1228, 2000 WL 1369880

District Court of Appeal of Florida | Filed: Sep 25, 2000 | Docket: 1697841

Cited 11 times | Published

that he made in opening read back, and Florida Statute 316.066 says that no accident report or statements

West v. State

553 So. 2d 254, 1989 WL 139533

District Court of Appeal of Florida | Filed: Nov 22, 1989 | Docket: 1675414

Cited 10 times | Published

investigation privilege set forth in § 316.066, Fla. Stat. (1987). § 316.066(4) provides in pertinent part:

Baughman v. Vann

390 So. 2d 750

District Court of Appeal of Florida | Filed: Oct 29, 1980 | Docket: 1504087

Cited 10 times | Published

accident report, which was inadmissible under section 316.066, Florida Statutes, and on a police officer's

Estate of Wallace v. Fisher

567 So. 2d 505, 1990 Fla. App. LEXIS 7125, 1990 WL 134773

District Court of Appeal of Florida | Filed: Sep 20, 1990 | Docket: 1273308

Cited 9 times | Published

Stevens v. Duke, 42 So.2d 361 (Fla. 1949). [7] Section 316.066(4), Florida Statutes, constitutes a limitation

Sentry Ins. v. Brown

424 So. 2d 780

District Court of Appeal of Florida | Filed: Oct 19, 1982 | Docket: 1708213

Cited 9 times | Published

car. Given this testimony, and the fact that Section 316.066(4), Florida Statutes, precludes the use of

Hammond v. Jim Hinton Oil Co., Inc.

530 So. 2d 995, 1988 WL 86355

District Court of Appeal of Florida | Filed: Aug 22, 1988 | Docket: 1268136

Cited 8 times | Published

accident report privilege contained in § 316.066. Section 316.066(3)(a), Florida Statutes (1987), provides

Johnson v. Florida Farm Bureau Cas. Ins. Co.

542 So. 2d 367, 1988 WL 2363

District Court of Appeal of Florida | Filed: Jan 20, 1988 | Docket: 468877

Cited 8 times | Published

test results, considering it privileged under section 316.066, Florida Statutes, as part of the accident

State v. Hepburn

460 So. 2d 422

District Court of Appeal of Florida | Filed: Nov 15, 1984 | Docket: 1766211

Cited 8 times | Published

appellee's statements are privileged under Section 316.066, Florida Statutes (Supp. 1982). Second, the

Sottilaro v. Figueroa

86 So. 3d 505, 2012 Fla. App. LEXIS 1787, 2012 WL 385493

District Court of Appeal of Florida | Filed: Feb 8, 2012 | Docket: 60307690

Cited 7 times | Published

was an incorrect interpretation of the law. Section 316.066(5), Florida Statutes (2010)1, provides: Except

State v. Marshall

695 So. 2d 719, 1996 WL 460696

District Court of Appeal of Florida | Filed: Aug 14, 1996 | Docket: 2551063

Cited 7 times | Published

inadmissible under the accident report privilege. See § 316.066(4), Fla. Stat. (Supp.1994). Over defense objection

State v. Ferguson

405 So. 2d 294

District Court of Appeal of Florida | Filed: Nov 4, 1981 | Docket: 1703939

Cited 7 times | Published

injuries. The sole question on appeal is whether Section 316.066(4), Florida Statutes (1979) prohibits introduction

NATIONWIDE INSURANCE CO., PINELLAS CTY. v. Monroe

276 So. 2d 547, 1973 Fla. App. LEXIS 6975

District Court of Appeal of Florida | Filed: Apr 27, 1973 | Docket: 1439345

Cited 7 times | Published

(except as to its existence). See, Fla. Stat. § 316.066 (formerly § 317.131, 317.171). See, also, State

Department of Highway Safety and Motor Vehicles v. Silva

806 So. 2d 551, 2002 Fla. App. LEXIS 103, 2002 WL 21695

District Court of Appeal of Florida | Filed: Jan 9, 2002 | Docket: 1345632

Cited 6 times | Published

crash report, alleging it was privileged under section 316.066(4), Florida Statutes (2000).[2] Silva also

TALLAHASSEE MEMORIAL MED. CTR., INC. v. Meeks

560 So. 2d 778, 1990 WL 68259

Supreme Court of Florida | Filed: Mar 29, 1990 | Docket: 49371

Cited 6 times | Published

contained in accident reports compiled under section 316.066 may not be used for impeachment. Ippolito v

Elder v. Robert J. Ackerman, Inc.

362 So. 2d 999

District Court of Appeal of Florida | Filed: Sep 27, 1978 | Docket: 1363631

Cited 6 times | Published

information for his accident report, required by Section 316.066, Florida Statutes (1975). Ackerman was placed

Perry v. Allen

720 So. 2d 614, 1998 WL 798704

District Court of Appeal of Florida | Filed: Nov 19, 1998 | Docket: 1371815

Cited 5 times | Published

supports the trial court's decision finding section 316.066(4), Florida Statutes (1993), inapplicable to

State v. Marshall

695 So. 2d 686, 1997 WL 297674

Supreme Court of Florida | Filed: Jun 5, 1997 | Docket: 32378

Cited 5 times | Published

of the Florida Constitution. In construing section 316.066, Florida Statutes (Supp.1988), this Court has

State v. Evans

692 So. 2d 305, 1997 WL 213039

District Court of Appeal of Florida | Filed: Apr 30, 1997 | Docket: 1524545

Cited 5 times | Published

made at the scene of an automobile accident. Section 316.066(4), Florida Statutes (1993), as amended in

Burks v. State

589 So. 2d 355, 1991 WL 227652

District Court of Appeal of Florida | Filed: Nov 7, 1991 | Docket: 1440798

Cited 5 times | Published

complete an accident report as required by section 316.066(4), Florida Statutes (1989). He then advised

DEPT. OF HWY. SAFETY & M. VEH. v. Corbin

527 So. 2d 868, 1988 WL 62139

District Court of Appeal of Florida | Filed: Jun 17, 1988 | Docket: 529191

Cited 5 times | Published

correctly applied the "accident report privilege," section 316.066, Florida Statutes (1986 Supp.), to bar use

Selected Risks Ins. Co. v. White

447 So. 2d 455, 1984 Fla. App. LEXIS 12440

District Court of Appeal of Florida | Filed: Mar 28, 1984 | Docket: 1311788

Cited 5 times | Published

police officers are privileged by operation of Section 316.066(4), Florida Statutes (1983): (4) Each accident

Duval Motor Co. v. Woodward

419 So. 2d 303

Supreme Court of Florida | Filed: Jun 24, 1982 | Docket: 1753941

Cited 5 times | Published

ground that same was privileged pursuant to section 316.066(4), Florida Statutes (1975). The district court

In re Amendments to the Florida Evidence Code

210 So. 3d 1231

Supreme Court of Florida | Filed: Feb 16, 2017 | Docket: 60294194

Cited 4 times | Published

amendments to the accident report privilege in section 316.066 and the rape shield statute in section 794

State v. Walton

42 So. 3d 902, 2010 Fla. App. LEXIS 12211, 2010 WL 3270967

District Court of Appeal of Florida | Filed: Aug 20, 2010 | Docket: 1148569

Cited 4 times | Published

the accident report privilege established in section 316.066(7) to Mr. Walton's statements was not an issue

State v. Riley

617 So. 2d 340, 1993 WL 107061

District Court of Appeal of Florida | Filed: Apr 13, 1993 | Docket: 457947

Cited 4 times | Published

TO MIRANDA V. ARIZONA ARE PRIVILEGED UNDER SECTION 316.066, FLORIDA STATUTES (1991). On July 13, 1991

Norstrom v. State

587 So. 2d 1148, 1991 WL 148341

District Court of Appeal of Florida | Filed: Aug 7, 1991 | Docket: 1713686

Cited 4 times | Published

argues that his statement was privileged under section 316.066, Florida Statutes (1988) because it was made

CHESTER EX REL. CHESTER v. Metropolitan Dade County

493 So. 2d 1119, 11 Fla. L. Weekly 1977

District Court of Appeal of Florida | Filed: Sep 16, 1986 | Docket: 1246986

Cited 4 times | Published

accurately. Contrary to the plaintiffs' contention, Section 316.066, Florida Statutes (1985)[1], which authorizes

Dinowitz v. Weinrub

493 So. 2d 29, 11 Fla. L. Weekly 1712

District Court of Appeal of Florida | Filed: Aug 6, 1986 | Docket: 1246989

Cited 4 times | Published

are that there was a failure to adhere to section 316.066(4), Florida Statutes (1983); and that the error

State v. Edwards

463 So. 2d 551, 10 Fla. L. Weekly 383

District Court of Appeal of Florida | Filed: Feb 14, 1985 | Docket: 448936

Cited 4 times | Published

privileged and therefore inadmissible pursuant to section 316.066, Florida Statutes (Supp. 1982). This section

Hoctor by and Through Hoctor v. Tucker

432 So. 2d 1352

District Court of Appeal of Florida | Filed: May 12, 1983 | Docket: 1265074

Cited 4 times | Published

investigating police officer are privileged under section 316.066(4), Florida Statutes (1981), which says, in

State v. Edge

397 So. 2d 939

District Court of Appeal of Florida | Filed: Apr 8, 1981 | Docket: 1357481

Cited 4 times | Published

perceived to be the privilege accorded by section 316.066, Florida Statutes, and the application to the

Alexander v. Penske Logistics, Inc.

867 So. 2d 418, 2003 WL 23008809

District Court of Appeal of Florida | Filed: Dec 24, 2003 | Docket: 1386097

Cited 3 times | Published

emphasize that the privilege granted under section 316.066 is applicable if no Miranda warnings are given

Yost v. State

542 So. 2d 419, 1989 WL 36266

District Court of Appeal of Florida | Filed: Apr 19, 1989 | Docket: 468852

Cited 3 times | Published

impaired nor at fault. Such testimony violates section 316.066(4), Florida Statutes, making such statement

TALLAHASSEE MEM. REG. MED. CTR. INC. v. Meeks

543 So. 2d 770

District Court of Appeal of Florida | Filed: Mar 10, 1989 | Docket: 1437821

Cited 3 times | Published

395.041, Florida Statutes, is analogous to Section 316.066, Florida Statutes, involving automobile accident

Kornegay v. State

520 So. 2d 681, 1988 WL 14587

District Court of Appeal of Florida | Filed: Mar 1, 1988 | Docket: 1709219

Cited 3 times | Published

statement made to Trooper See was privileged under section 316.066(4), Florida Statutes, and that the supreme

O'BRIEN v. Ortiz

467 So. 2d 1056, 10 Fla. L. Weekly 1023

District Court of Appeal of Florida | Filed: Apr 23, 1985 | Docket: 849817

Cited 3 times | Published

the identity of the driver is an issue. See Section 316.066(4), Florida Statutes (1981). As to the third

Pastori v. State

456 So. 2d 1212

District Court of Appeal of Florida | Filed: Sep 12, 1984 | Docket: 1732112

Cited 3 times | Published

were inadmissable as being privileged under section 316.066, Florida Statutes (1981). The supreme court

Rierson v. Deveau

273 So. 3d 1041

District Court of Appeal of Florida | Filed: Mar 20, 2019 | Docket: 14809061

Cited 2 times | Published

ANALYSIS 1 Section 316.066(4), Florida Statutes (2018) provides: “Except

State v. Cino

931 So. 2d 164, 2006 Fla. App. LEXIS 7246, 2006 WL 1289521

District Court of Appeal of Florida | Filed: May 12, 2006 | Docket: 64845379

Cited 2 times | Published

the accident report privilege set forth in section 316.066(4), Florida Statutes (2002), prohibited Sergeant

Vedner v. State

849 So. 2d 1207, 2003 Fla. App. LEXIS 11179, 2003 WL 21713689

District Court of Appeal of Florida | Filed: Jul 25, 2003 | Docket: 64824061

Cited 2 times | Published

was in charge of the homicide investigation, section. 316.066(4), Florida Statutes (1999), would prohibit

State v. Whelan

728 So. 2d 807, 1999 Fla. App. LEXIS 2543, 1999 WL 123538

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 64786926

Cited 2 times | Published

accident report required by this section ...” Id. § 316.066(4). The purpose of the statutory privilege is

DEPARTMENT OF HIGHWAY SAFETY v. Perry

702 So. 2d 294, 1997 WL 762107

District Court of Appeal of Florida | Filed: Dec 12, 1997 | Docket: 460255

Cited 2 times | Published

three judge circuit court panel relied upon section 316.066(4). It provides in part: Except as specified

Alley v. State

553 So. 2d 354, 1989 WL 149772

District Court of Appeal of Florida | Filed: Dec 6, 1989 | Docket: 1258812

Cited 2 times | Published

therefore, privileged and statutorily inadmissible. § 316.066(4), Fla.Stats. (1987). We conclude the trial judge

Eichholz v. Pepo Petroleum Co., Inc.

475 So. 2d 1244, 10 Fla. L. Weekly 1183

District Court of Appeal of Florida | Filed: May 13, 1985 | Docket: 1301799

Cited 2 times | Published

report made pursuant to Section 316.066(1), Florida Statutes (1983). Section 316.066(4) provides that no

Myers v. State

426 So. 2d 986

District Court of Appeal of Florida | Filed: Jan 5, 1983 | Docket: 1283634

Cited 2 times | Published

file written accident reports in many cases, Section 316.066(3)(a) Florida Statutes. Construing Section

KEVIN STEWART v. DEAN D. DRALEAUS

226 So. 3d 990, 2017 WL 3169272, 2017 Fla. App. LEXIS 10688

District Court of Appeal of Florida | Filed: Jul 26, 2017 | Docket: 6126106

Cited 1 times | Published

4th DCA 1984). The privilege derives from section 316.066, Florida Statutes (2006), which under certain

Williams v. State

208 So. 3d 196, 2016 Fla. App. LEXIS 15884

District Court of Appeal of Florida | Filed: Oct 26, 2016 | Docket: 4482641

Cited 1 times | Published

J. The issue in this case is whether section 316.066(4) of the Florida Statutes (2012), which excludes

Wetherington v. State

135 So. 3d 584, 2014 WL 1467598, 2014 Fla. App. LEXIS 5493

District Court of Appeal of Florida | Filed: Apr 16, 2014 | Docket: 60239714

Cited 1 times | Published

as evidence in any trial, civil or criminal. § 316.066(4), Fla. Stat. (2012);1 see Vedner v. State, 849

Smyth v. Infrastructure Corp. of America

113 So. 3d 904, 2013 WL 275573, 2013 Fla. App. LEXIS 1083

District Court of Appeal of Florida | Filed: Jan 25, 2013 | Docket: 60231642

Cited 1 times | Published

Traffic Crash Report, Long Form, pursuant to section 316.066, Florida Statutes (2006), no such report is

Durse v. Henn

68 So. 3d 271, 2011 Fla. App. LEXIS 10516, 2011 WL 2622370

District Court of Appeal of Florida | Filed: Jul 6, 2011 | Docket: 245867

Cited 1 times | Published

Regarding Florida's accident report privilege, section 316.066(7), Florida Statutes (2007), provides in pertinent

Skinner v. State

31 So. 3d 940, 2010 Fla. App. LEXIS 4523, 2010 WL 1378151

District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 1647951

Cited 1 times | Published

the "accident or crash report" privilege in section 316.066(7), Florida Statutes (2007), and instructed

Doe v. SUNTRUST BANK

32 So. 3d 133, 2010 Fla. App. LEXIS 568, 2010 WL 323031

District Court of Appeal of Florida | Filed: Jan 29, 2010 | Docket: 1662508

Cited 1 times | Published

Constitutions. See § 90.501, Fla. Stat. (2005); cf. § 316.066(4), Fla. Stat. (2005) (creating a privilege for

Cummings v. State

780 So. 2d 149, 2000 Fla. App. LEXIS 16939, 2000 WL 1879815

District Court of Appeal of Florida | Filed: Dec 29, 2000 | Docket: 64804314

Cited 1 times | Published

the accident report privilege contained in section 316.066(4), Florida Statutes (1997).1 We disagree.

State v. Johnson

695 So. 2d 771, 1997 WL 199180

District Court of Appeal of Florida | Filed: Apr 25, 1997 | Docket: 1522106

Cited 1 times | Published

State, 667 So.2d 488 (Fla. 1st DCA 1996). [6] § 316.066(4), Fla.Stat. (1993). [7] See State v. Marshall

Adams v. State

448 So. 2d 1201

District Court of Appeal of Florida | Filed: Apr 24, 1984 | Docket: 429410

Cited 1 times | Published

evidence in the criminal prosecution, relying on Section 316.066(4), Florida Statutes (1981). The trial court

Standley v. White

326 So. 2d 68

District Court of Appeal of Florida | Filed: Feb 3, 1976 | Docket: 1729248

Cited 1 times | Published

was excluded as a communication privileged by § 316.066(4), F.S. 1973. Appellants complain that it was

State of Florida v. Gerson Contreras Saravia

District Court of Appeal of Florida | Filed: Feb 26, 2025 | Docket: 69674165

Published

Turning to the accident report privilege, section 316.066(4), Florida Statutes (2023), provides:

STATE OF FLORIDA v. DANIEL BLOCKER

District Court of Appeal of Florida | Filed: Apr 26, 2023 | Docket: 67270672

Published

the accident report privilege set forth in section 316.066(4), Florida Statutes (2020), which provides

FU LU SONG AND AMERICAN TRUCKING COMPANY vs CLINTON JENKINS; MALISSA LEY AND NICHOLAS WELBORN

District Court of Appeal of Florida | Filed: Mar 31, 2023 | Docket: 66833816

Published

the accident report privilege contained in section 316.066(4), Florida Statutes (2021), which provides

STATE OF FLORIDA v. ROBIN BENDER

District Court of Appeal of Florida | Filed: Jan 4, 2023 | Docket: 66698539

Published

because of Florida’s accident report privilege, section 316.066(4), Florida Statutes (2019), and because the

STATE OF FLORIDA v. RUBEN ALLEN JONES

District Court of Appeal of Florida | Filed: Nov 1, 2019 | Docket: 16415488

Published

Florida's statutory accident-report privilege, section 316.066(4), Fla. Stat. (2017), the county court suppressed

Strong v. Underwood

275 So. 3d 760

District Court of Appeal of Florida | Filed: Jun 21, 2019 | Docket: 64719853

Published

that Florida's Accident Report Privilege, section 316.066(4), Florida Statutes (2016), does not prohibit

Strong v. Underwood

275 So. 3d 760

District Court of Appeal of Florida | Filed: Jun 21, 2019 | Docket: 64719854

Published

that Florida's Accident Report Privilege, section 316.066(4), Florida Statutes (2016), does not prohibit

STEVEN PAUL ANDERSON v. MARY MITCHELL

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 14883383

Published

"accident report privilege" set forth in section 316.066(4), Florida Statutes (2017), precludes the

Rierson v. Deveau

District Court of Appeal of Florida | Filed: Mar 20, 2019 | Docket: 14752818

Published

ANALYSIS 1 Section 316.066(4), Florida Statutes (2018) provides: “Except

In Re: Amendments to the Florida Evidence Code

210 So. 3d 1231, 42 Fla. L. Weekly Supp. 179, 2017 WL 633770, 2017 Fla. LEXIS 338

Supreme Court of Florida | Filed: Feb 16, 2017 | Docket: 4586140

Published

amendments to the accident report privilege in section 316.066 and the rape shield statute in section 794

State v. E.M.

141 So. 3d 682, 2014 WL 2862610, 2014 Fla. App. LEXIS 9560

District Court of Appeal of Florida | Filed: Jun 25, 2014 | Docket: 60242011

Published

privilege, contained in section 316.066(4), Florida Statutes (2014). Section 316.066(4) states in pertinent

Irizarry v. Moore

84 So. 3d 1069, 2012 WL 315844, 2012 Fla. App. LEXIS 1386

District Court of Appeal of Florida | Filed: Feb 3, 2012 | Docket: 60306581

Published

police report of the accident, in violation of section 316.066, Florida Statutes (2009);4 f.Unnecessarily

Angelucci v. Government Employees Insurance

412 F. App'x 206

Court of Appeals for the Eleventh Circuit | Filed: Jan 19, 2011 | Docket: 65689530

Published

trial, civil or criminal.... Florida Statute § 316.066(5) (2010). “The purpose of the statute is to clothe

Lyons v. State

43 So. 3d 737, 2010 Fla. App. LEXIS 8947, 2010 WL 2472177

District Court of Appeal of Florida | Filed: Jun 21, 2010 | Docket: 2533799

Published

prejudice to the individual so reporting." *738 § 316.066(7), Fla. Stat. (2008). "No such report or statement

Ago

Florida Attorney General Reports | Filed: May 14, 2009 | Docket: 3258655

Published

contained in crash reports prepared pursuant to section 316.066, Florida Statutes, prior to the expiration

Anand v. Jeb Hotel Associates, Ltd.

988 So. 2d 652, 2008 Fla. App. LEXIS 10864, 2008 WL 2744250

District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 64855489

Published

protected by the accident report privilege. See § 316.066(7), Fla. Stat. (2006) (stating that no crash report

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Florida Attorney General Reports | Filed: Mar 21, 2006 | Docket: 3255350

Published

of Maitland Fire Department authorized by section 316.066, Florida Statutes, to receive a copy of a written

Evans v. Hamilton

885 So. 2d 950, 2004 Fla. App. LEXIS 15876, 2004 WL 2390025

District Court of Appeal of Florida | Filed: Oct 27, 2004 | Docket: 64833894

Published

the accident report privilege provided in section 316.066, Florida Statutes (2000). We hold that the

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Florida Attorney General Reports | Filed: Aug 3, 2001 | Docket: 3256617

Published

following question: Do the recent amendments to section 316.066, Florida Statutes, by Chapter 01-163, Laws

Nelson v. State, Department of Highway Safety & Motor Vehicles

757 So. 2d 1264, 2000 Fla. App. LEXIS 6196, 2000 WL 668183

District Court of Appeal of Florida | Filed: May 24, 2000 | Docket: 64797301

Published

accident scene are inadmissible pursuant to section 316.066, Florida Statutes (1999). The statute “prohibits

Blanco v. State

769 So. 2d 398, 2000 Fla. App. LEXIS 5463, 2000 WL 562058

District Court of Appeal of Florida | Filed: May 10, 2000 | Docket: 64801038

Published

the accident report privilege pursuant to section 316.066, Florida Statutes (1996). Because the trial

Price v. Rizzuti

661 So. 2d 97, 1995 Fla. App. LEXIS 9339, 1995 WL 521102

District Court of Appeal of Florida | Filed: Sep 6, 1995 | Docket: 64759167

Published

accident are confidential and not admissible. See § 316.066, Fla.Stat. (1987); Hammond v. Jim Hinton Oil Co

Salama v. McGregor

656 So. 2d 215, 1995 Fla. App. LEXIS 5721, 1995 WL 316338

District Court of Appeal of Florida | Filed: May 26, 1995 | Docket: 64757137

Published

Florida’s accident report privilege is codified at section 316.066 of the Florida Statutes: Except as specified

Perez v. State

630 So. 2d 1231, 1994 Fla. App. LEXIS 375, 1994 WL 22570

District Court of Appeal of Florida | Filed: Jan 26, 1994 | Docket: 64746026

Published

193(3),1 Florida Statutes. In reliance upon section 316.066(4),2 Florida Statutes (1991), which provides

State v. Kester

612 So. 2d 584, 1992 Fla. App. LEXIS 12357, 1992 WL 360984

District Court of Appeal of Florida | Filed: Dec 8, 1992 | Docket: 64693740

Published

accident when such identity is not otherwise known.” § 316.066(4), Fla.Stat. (1987). See Sylvester v. State,

State v. Buchanon

610 So. 2d 467, 1992 Fla. App. LEXIS 11302, 1992 WL 312752

District Court of Appeal of Florida | Filed: Oct 28, 1992 | Docket: 64692799

Published

Department of Highway Safety and Motor Vehicles. See § 316.066, Fla.Stat. (Supp.1990). There was no obvious mechanical

Navarro v. Kohan

566 So. 2d 895, 1990 Fla. App. LEXIS 6814, 1990 WL 129666

District Court of Appeal of Florida | Filed: Sep 12, 1990 | Docket: 64652942

Published

privileged as an accident report pursuant to section 316.066(4), Florida Statutes, which provides: Each

Sylvester v. State

557 So. 2d 180, 1990 Fla. App. LEXIS 910, 1990 WL 15238

District Court of Appeal of Florida | Filed: Feb 20, 1990 | Docket: 64648447

Published

with the accident reporting requirements of section 316.066, Florida Statutes (1987), under the compulsion

Scheiner v. Spurlin

555 So. 2d 403, 14 Fla. L. Weekly 2836, 1989 Fla. App. LEXIS 6855, 1989 WL 147990

District Court of Appeal of Florida | Filed: Dec 8, 1989 | Docket: 64647497

Published

however, to the confidentiality provisions of section 316.066(4), Florida Statutes (1987). Accordingly, we

Tallahassee Memorial Regional Medical Center, Inc. v. Meeks ex rel. Adams

543 So. 2d 770, 14 Fla. L. Weekly 636, 1989 Fla. App. LEXIS 1370

District Court of Appeal of Florida | Filed: Mar 10, 1989 | Docket: 64642698

Published

395.-041, Florida Statutes, is analogous to Section 316.066, Florida Statutes, involving automobile accident

Spurlin v. Scheiner

531 So. 2d 988, 13 Fla. L. Weekly 2114, 1988 Fla. App. LEXIS 4021, 1988 WL 92696

District Court of Appeal of Florida | Filed: Sep 7, 1988 | Docket: 64637364

Published

however to the confidentiality provisions of section 316.066(4), Florida Statutes (1987). We therefore affirm

Thomas v. Gottlieb

520 So. 2d 622, 13 Fla. L. Weekly 341, 1988 Fla. App. LEXIS 340, 1988 WL 6057

District Court of Appeal of Florida | Filed: Feb 3, 1988 | Docket: 64632879

Published

accident scene are not within the privilege of section 316.066(4) Florida Statutes. Brackin v. Boles, 452

Cahill v. Dorn

519 So. 2d 56, 13 Fla. L. Weekly 276, 1988 Fla. App. LEXIS 234, 1988 WL 4063

District Court of Appeal of Florida | Filed: Jan 27, 1988 | Docket: 64632194

Published

not wish to nibble at the privilege which section 316.066(4), Florida Statutes, created, because we should

Duffell v. South Walton Emergency Services, Inc.

501 So. 2d 1352, 12 Fla. L. Weekly 396

District Court of Appeal of Florida | Filed: Jan 26, 1987 | Docket: 64624838

Published

which was admitted without objection. Although Section 316.066, Florida Statutes, protects the confidentiality

Ago

Florida Attorney General Reports | Filed: Aug 14, 1986 | Docket: 3255431

Published

unattended vehicle or other property. *2288 Section 316.066, F.S., addresses the question of whether a

C.A. Meyer Paving & Construction v. McFalls

453 So. 2d 912, 9 Fla. L. Weekly 1715, 1984 Fla. App. LEXIS 14487

District Court of Appeal of Florida | Filed: Aug 8, 1984 | Docket: 64606237

Published

a blood alcohol test were privileged under section 316.066(4), Florida Statutes, therefore, there was

McTevia v. Schrag

446 So. 2d 1183, 1984 Fla. App. LEXIS 12324

District Court of Appeal of Florida | Filed: Mar 21, 1984 | Docket: 64603515

Published

a statement was a report privileged under Section 316.066(4), Florida Statutes (1981). Initially, the

Martinez v. State

420 So. 2d 637, 1982 Fla. App. LEXIS 21355

District Court of Appeal of Florida | Filed: Oct 5, 1982 | Docket: 64592657

Published

accident investigation and inadmissible under Section 316.066, Florida Statutes (1979); (4) a motion to suppress

Barrentine v. Makely

406 So. 2d 1237, 1981 Fla. App. LEXIS 21820

District Court of Appeal of Florida | Filed: Dec 4, 1981 | Docket: 64586647

Published

this personal injury action unless barred by section 316.066(4), Florida Statutes (1971) (formerly section

Hill v. Allstate Insurance

404 So. 2d 156, 1981 Fla. App. LEXIS 21141

District Court of Appeal of Florida | Filed: Sep 22, 1981 | Docket: 64585233

Published

the “accident report” privilege afforded by Section 316.066, Florida Statutes (1977), which provides that

Woodward v. Duval Motor Co.

391 So. 2d 700, 1980 Fla. App. LEXIS 18265

District Court of Appeal of Florida | Filed: Dec 9, 1980 | Docket: 64579367

Published

not protected by the statutory provisions of Section 316.-066(4), Florida Statutes (1977), we reverse in

State v. Lynch

378 So. 2d 829, 1979 Fla. App. LEXIS 15973

District Court of Appeal of Florida | Filed: Dec 12, 1979 | Docket: 64573688

Published

contention that such statement was privileged under Section 316.066, Florida Statutes (1977), as made during the

Ago

Florida Attorney General Reports | Filed: Aug 23, 1979 | Docket: 3256534

Published

punishable as provided by ss. 775.082 and 775.083. Section 316.066(4), F. S., allows confidential accident reports

Fernandez v. State

370 So. 2d 818, 1979 Fla. App. LEXIS 14996

District Court of Appeal of Florida | Filed: May 1, 1979 | Docket: 64570095

Published

accident report was not error inasmuch as Section 316.066(4), Florida Statutes (1977), is not applicable

White v. Kiser

368 So. 2d 952, 1979 Fla. App. LEXIS 14399

District Court of Appeal of Florida | Filed: Mar 27, 1979 | Docket: 64569162

Published

accident report which was published to the jury. Section 316.066, Florida Statutes (1977), prohibits the introduction

Porter v. Pappas

368 So. 2d 909, 1979 Fla. App. LEXIS 14659

District Court of Appeal of Florida | Filed: Mar 6, 1979 | Docket: 64569151

Published

investigator’s report, which is protected by Section 316.066(4), Florida Statutes (1977). Said statute provides

Patterson v. Whitehead

360 So. 2d 1136

District Court of Appeal of Florida | Filed: Jul 20, 1978 | Docket: 64565425

Published

such evidence, notwithstanding the terms of Section 316.-066, Florida Statutes (1977), must ordinarily

State v. Inman

347 So. 2d 791, 1977 Fla. App. LEXIS 16185

District Court of Appeal of Florida | Filed: Jun 28, 1977 | Docket: 64559363

Published

such hearings, was invalid “as contrary to F.S. § 316.-066(4)”, and ordered that the defendant be discharged

Ago

Florida Attorney General Reports | Filed: May 24, 1977 | Docket: 3256261

Published

the police officer investigating the same. Section 316.066(1), F. S., requires the driver of a vehicle

Hoffman v. Jackson's Minit Markets, Inc.

327 So. 2d 48, 1976 Fla. App. LEXIS 14627

District Court of Appeal of Florida | Filed: Feb 20, 1976 | Docket: 64552538

Published

the ground that it was privileged by virtue of § 316.066(4), F.S.1973. The court sustained the objection

State v. Fernandez

303 So. 2d 58, 1974 Fla. App. LEXIS 8249

District Court of Appeal of Florida | Filed: Nov 8, 1974 | Docket: 64542477

Published

was subject to the statutory exclusion under section 316.066(4), F.S. Upon review of the factual circumstances