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Florida Statute 316.066 | Lawyer Caselaw & Research
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The 2023 Florida Statutes (including Special Session C)

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 Casetext

Amendments to 316.066


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


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


Annotations, Discussions, Cases:

Cases from cite.case.law:

STRONG, v. UNDERWOOD R., 275 So. 3d 760 (Fla. App. Ct. 2019)

. . . Draleaus , 226 So. 3d 990 (Fla. 4th DCA 2017) (holding that Florida's Accident Report Privilege, section 316.066 . . .

RIERSON, v. DEVEAU,, 273 So. 3d 1041 (Fla. App. Ct. 2019)

. . . Section 316.066(4), Florida Statutes (2018) provides: "Except as specified in this subsection, each crash . . .

STEWART, v. D. DRALEAUS,, 226 So. 3d 990 (Fla. Dist. Ct. App. 2017)

. . . The privilege derives from section 316.066, Florida Statutes (2006), which under certain circumstances . . . to preclude Epstein’s on-scene statement on the basis of the accident report privilege under section 316.066 . . . investigating officer; he was therefore not involved in the accident within the meaning of Section 316.066 . . . State, 657 So.2d 1246, 1248 (Fla. 1st DCA 1995) (noting that section 316.066 does not require witnesses . . .

PAVONE, v. MEYERKORD MEYERKORD, LLC,, 321 F.R.D. 314 (N.D. Ill. 2017)

. . . . § 316.066(2)(a). . . .

IN RE AMENDMENTS TO FLORIDA EVIDENCE CODE, 210 So. 3d 1231 (Fla. 2017)

. . . Code” and noting that, for example, “the many amendments to the accident report privilege in section 316.066 . . .

WILLIAMS, v. STATE, 208 So. 3d 196 (Fla. Dist. Ct. App. 2016)

. . . The issue in this case is whether section 316.066(4) of the Florida Statutes (2012), which excludes from . . . treated earlier versions of the same statutory scheme, we hold that the accident privilege in section 316.066 . . .

STATE v. E. M. a, 141 So. 3d 682 (Fla. Dist. Ct. App. 2014)

. . . the language in section 1006.09(2)(a) to Florida’s accident report privilege, contained in section 316.066 . . . Section 316.066(4) states in pertinent part: Except as specified in this subsection, each crash report . . . Such report or statement may not be used as evidence in any trial, civil or criminal. § 316.066(4), Fla . . . Within section 316.066(4), the legislature specifically set forth two items which shall be without prejudice . . . section 1006.09(2)(a), when further describing which items become inadmissible at a trial under section 316.066 . . .

WETHERINGTON, v. STATE, 135 So. 3d 584 (Fla. Dist. Ct. App. 2014)

. . . . § 316.066(4), Fla. Stat. (2012); see Vedner v. . . . Statements made pursuant to the requirement to give information for a crash report required by section 316.066 . . . Section 316.066 compels a report when there is total apparent damage of at least five hundred dollars . . .

KLINKER, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 118 So. 3d 835 (Fla. Dist. Ct. App. 2013)

. . . Notwithstanding s. 316.066(5), the crash report shall be considered by the hearing officer. . . . .

Y. SMYTH, ESTATE OF E. SMYTH, Jr. v. INFRASTRUCTURE CORP. OF AMERICA, 113 So. 3d 904 (Fla. Dist. Ct. App. 2013)

. . . enforcement was required to complete a Florida Traffic Crash Report, Long Form, pursuant to section 316.066 . . .

SOTTILARO v. FIGUEROA,, 86 So. 3d 505 (Fla. Dist. Ct. App. 2012)

. . . Section 316.066(5), Florida Statutes (2010), provides: Except as specified in this subsection, each crash . . . See § 316.066(1) (requiring a driver to make a report when involved in a crash where there is bodily . . . State, 657 So.2d 1246, 1247-48 (Fla. 1st DCA 1995) (concluding that section 316.066(3)(a) does not require . . . the accident to stay at the scene or report to investigating officers” (citing §§ 316.061, 316.062, 316.066 . . . The legislature amended section 316.066 in 2011 and subsection (5) was renumbered and is now subsection . . .

IRIZARRY, v. O. MOORE, 84 So. 3d 1069 (Fla. Dist. Ct. App. 2012)

. . . Attempting to interject information from the police report of the accident, in violation of section 316.066 . . .

C. DURSE, v. E. HENN,, 68 So. 3d 271 (Fla. Dist. Ct. App. 2011)

. . . Regarding Florida’s accident report privilege, section 316.066(7), Florida Statutes (2007), provides . . . vehicles involved in the accident,” the First District held that “the diagrams were privileged under § 316.066 . . . WARNER and CONNER, JJ., concur. . § 316.066(7), Fla. Stat. (2007). . . .

ANGELUCCI v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, a, 412 F. App'x 206 (11th Cir. 2011)

. . . Florida Statute § 316.066(5) (2010). . . . , or occupant of a vehicle is compelled to make in compliance with the statutory duty under section 316.066 . . .

STATE v. WALTON, a k a III,, 42 So. 3d 902 (Fla. Dist. Ct. App. 2010)

. . . The applicability of the accident report privilege established in section 316.066(7) to Mr. . . .

C. LYONS, v. STATE, 43 So. 3d 737 (Fla. Dist. Ct. App. 2010)

. . . .” § 316.066(7), Fla. Stat. (2008). . . .

P. SKINNER, v. STATE, 31 So. 3d 940 (Fla. Dist. Ct. App. 2010)

. . . the county court sustained the objection based on the “accident or crash report” privilege in section 316.066 . . .

W. DOE, III v. SUNTRUST BANK, W. Jr. W. Jr. a a, 32 So. 3d 133 (Fla. Dist. Ct. App. 2010)

. . . . § 316.066(4), Fla. Stat. (2005) (creating a privilege for crash reports); § 766.101(5), Fla. . . .

TENGBERGEN, v. STATE, 9 So. 3d 729 (Fla. Dist. Ct. App. 2009)

. . . See §§ 316.065(1); 316.066, Fla. Stat. . . .

R. LEE, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 4 So. 3d 754 (Fla. Dist. Ct. App. 2009)

. . . Notwithstanding s. 316.066(7), the crash report shall be considered by the hearing officer. . . .

HENDRIX, a v. EVENFLO COMPANY, INC. a, 255 F.R.D. 568 (N.D. Fla. 2009)

. . . . § 316.066(7), for the astonishing proposition that an accident report may not be used in a trial. . . .

ANAND, v. JEB HOTEL ASSOCIATES, LTD. d b a, 988 So. 2d 652 (Fla. Dist. Ct. App. 2008)

. . . See § 316.066(7), Fla. . . .

STATE v. CINO,, 931 So. 2d 164 (Fla. Dist. Ct. App. 2006)

. . . On appeal, the circuit court upheld the trial judge’s ruling, holding inter alia, that section 316.066 . . . The second mistake of law made by the circuit court was in holding that section 316.066(4) barred the . . . In 1991, the Legislature added the following language to section 316.066(4): “However, subject to the . . . Under the newer version of the statute, a law enforcement officer is not barred by section 316.066(4) . . . The State also argues that the circuit court erred in holding that section 316.066(4) bars the State . . .

E. MADDOX, v. STATE, 923 So. 2d 442 (Fla. 2006)

. . . Tellingly, in section 316.066(4) of the Florida Statutes (2001), located in the same chapter as the statutory . . . made in connection with such a report “shall be used as evidence in any trial, civil or criminal.” § 316.066 . . . The Legislature’s use of the language “civil or criminal” in section 316.066(4) to modify the phrase . . . ” then the Legislature would have included that language within its enactment, as it did in section 316.066 . . . See § 316.066(4), Fla. Stat. (2001). . . .

STATE v. JACOBY,, 907 So. 2d 676 (Fla. Dist. Ct. App. 2005)

. . . findings regarding the circumstances that resulted in the death and the damage to the vehicle, see §§ 316.066 . . .

EVANS v. P. HAMILTON R., 885 So. 2d 950 (Fla. Dist. Ct. App. 2004)

. . . He contends that this violated the accident report privilege provided in section 316.066, Florida Statutes . . . Section 316.066(4) provides that statements made by a person involved in an accident in order to complete . . . occupant of a vehicle is compelled to make in order to comply with his or her statutory duty under section 316.066 . . . such refusal does not violate the Fifth Amendment, the trial court did not err in finding that section 316.066 . . .

ALEXANDER, v. PENSKE LOGISTICS, INC. L. P., 867 So. 2d 418 (Fla. Dist. Ct. App. 2003)

. . . that the expert testimony should have been excluded under the accident report privilege of subsection 316.066 . . . Marshall the court said: To clarify our decision, we emphasize that the privilege granted under section 316.066 . . .

VEDNER, Jr. v. STATE, 849 So. 2d 1207 (Fla. Dist. Ct. App. 2003)

. . . the accident investigation and Officer Drummond was in charge of the homicide investigation, section. 316.066 . . . LEGAL ANALYSIS Subsections 316.066(1) and (2), Florida Statutes (1999), require the driver of a vehicle . . . Norstrom is of particular interest because it summarizes the interplay between section 316.066 and the . . . no Fifth Amendment violation, saying that: [W]e emphasize that the privilege granted under section 316.066 . . . Subsection 316.066(4) provides that no crash report or statement made to a law enforcement officer for . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. BELLO,, 813 So. 2d 1023 (Fla. Dist. Ct. App. 2002)

. . . any statement made during an accident investigation is subject to the accident report privilege; s. 316.066 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. SILVA,, 806 So. 2d 551 (Fla. Dist. Ct. App. 2002)

. . . Silva objected to the Department’s use of the crash report, alleging it was privileged under section 316.066 . . . Section 316.066(4), Florida Statutes (2000) provides: Except as specified in this subsection, each crash . . .

CUMMINGS, v. STATE, 780 So. 2d 149 (Fla. Dist. Ct. App. 2000)

. . . because those statements were inadmissible under the accident report privilege contained in section 316.066 . . . suspected hit-and-run driver and as such was not entitled to the confidentiality privilege of section 316.066 . . . Section 316.066(4) provides in pertinent part: [E]ach accident report made by a person involved in an . . .

L. WHITE, v. CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, d b a CF a, 766 So. 2d 1228 (Fla. Dist. Ct. App. 2000)

. . . Halbach’s statement that he made in opening read back, and Florida Statute 316.066 says that no accident . . . argument in support of mistrial concerned opening statements which violated the provisions of section 316.066 . . . , or occupant of a vehicle is compelled to make in compliance with the statutory duty under section 316.066 . . . Section 316.066(1) and (2), Florida Statutes (1995), provides: 316.066 Written reports of accidents.- . . .

NELSON, v. STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 757 So. 2d 1264 (Fla. Dist. Ct. App. 2000)

. . . involved in the crash made to investigators at the accident scene are inadmissible pursuant to section 316.066 . . .

BLANCO, Jr. v. STATE, 769 So. 2d 398 (Fla. Dist. Ct. App. 2000)

. . . failing to make timely objections at trial based upon the accident report privilege pursuant to section 316.066 . . . Marshall, 695 So.2d 719, 721 (Fla. 3d DCA 1996) (stating that section 316.066 excludes from evidence . . .

STATE v. WHELAN,, 728 So. 2d 807 (Fla. Dist. Ct. App. 1999)

. . . That case interpreted the accident report privilege and stated: Subsections 316.066(1) and (2), Florida . . . Id. § 316.066(4). The purpose of the statutory privilege is “to avoid a fifth amendment violation.” . . . occupant of a vehicle is compelled to make in order to comply with his or her statutory duty under section 316.066 . . . However, because subsections 316.066(1) and (2) create a statutory duty to make statements during the . . .

PERRY v. W. ALLEN,, 720 So. 2d 614 (Fla. Dist. Ct. App. 1998)

. . . Specifically, the record supports the trial court’s decision finding section 316.066(4), Florida Statutes . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. J. PERRY,, 702 So. 2d 294 (Fla. Dist. Ct. App. 1997)

. . . In overturning the license suspension, the three judge circuit court panel relied upon section 316.066 . . . departed from the essential requirements of the law in applying the accident report privilege in section 316.066 . . . The court in Corbin stressed the legislative intent in passing section 316.066(4) was to encourage true . . .

STATE v. MARSHALL,, 695 So. 2d 686 (Fla. 1997)

. . . In construing section 316.066, Florida Statutes (Supp.1988), this Court has stated: To clarify our decision . . . , we emphasize that the privilege granted under section 316.066 is applicable if no Miranda warnings . . .

STATE v. EVANS,, 692 So. 2d 305 (Fla. Dist. Ct. App. 1997)

. . . Section 316.066(4), Florida Statutes (1993), as amended in 1989, provides for a privilege to individuals . . .

STATE v. JOHNSON, Jr., 695 So. 2d 771 (Fla. Dist. Ct. App. 1997)

. . . . § 316.066(4), Fla.Stat. (1993). . See State v. . . . Section 316.066(4) provides; Except as specified in this subsection, each accident report made by a person . . .

STATE v. MARSHALL,, 695 So. 2d 719 (Fla. Dist. Ct. App. 1996)

. . . See § 316.066(4), Fla. Stat. (Supp.1994). . . . Id. § 316.066(4). The purpose of the statutory privilege is “to avoid a fifth amendment violation.” . . . Id. § 316.066(4) (Supp. 1994). . . . Id. § 316.066(4). . . . by the 1991 exception contained in subsection 316.066(4). . . .

PRICE v. RIZZUTI,, 661 So. 2d 97 (Fla. Dist. Ct. App. 1995)

. . . See § 316.066, Fla.Stat. (1987); Hammond v. Jim Hinton Oil Co., 530 So.2d 995 (Fla. 1st DCA 1988). . . .

S. G. K. a v. STATE, 657 So. 2d 1246 (Fla. Dist. Ct. App. 1995)

. . . Under sections 316.066(3)(a) and 316.061, Florida Statutes (1993), the trooper is obligated to file an . . . witnesses to the accident to stay at the scene or report to investigating officers. §§ 316.061, 316.062, 316.066 . . .

SALAMA, v. McGREGOR, 656 So. 2d 215 (Fla. Dist. Ct. App. 1995)

. . . Florida’s accident report privilege is codified at section 316.066 of the Florida Statutes: Except as . . . No such report or statement shall be used as evidence in any trial, civil or criminal.... § 316.066(4 . . .

PEREZ, v. STATE, 630 So. 2d 1231 (Fla. Dist. Ct. App. 1994)

. . . In reliance upon section 316.066(4), Florida Statutes (1991), which provides for the confidentiality . . . Section 316.066(4), Fla.Stat. (1991). . . . The functional purpose of section 316.066(4) is to achieve in the public interest an accurate truthful . . . occupant of a vehicle is compelled to make in order to comply with his or her statutory duty under section 316.066 . . . Section 316.066(4), Florida Statutes, provides in relevant part: Except as specified in this subsection . . .

STATE v. RILEY,, 617 So. 2d 340 (Fla. Dist. Ct. App. 1993)

. . . The county court reasoned that the 1991 amendment to section 316.066(4), Florida Statutes, did not change . . . Prior to July 1, 1991, section 316.066(4), Florida Statutes, commonly known as the accident report privilege . . . The legislature amended section 316.066(4) in 1991 by adding the underlined language: [E]ach accident . . . In Norstrom, the supreme court dealt with the pre-1991 version of section 316.066(4), but found nonetheless . . . According to the Norstrom court, the purpose of the statutory privilege under section 316.066(4) is “ . . .

BURKS, v. STATE, 613 So. 2d 441 (Fla. 1993)

. . . Heaton conducted a traffic investigation in order to complete an accident report as required by section 316.066 . . .

STATE v. C. NORSTROM,, 613 So. 2d 437 (Fla. 1993)

. . . during the accident investigation phase of the incident and were, therefore, privileged under section 316.066 . . . THE COURSE OF A POST ACCIDENT INVESTIGATION BY AN INDIVIDUAL IN POLICE CUSTODY ARE PRIVILEGED UNDER § 316.066 . . . The pertinent part of section 316.066, which sets forth the statutory privilege, reads as follows: (4 . . . We hold that the privilege granted by section 316.066 is not applicable in this case where Norstrom was . . . To clarify our decision, we emphasize that the privilege granted under section 316.066 is applicable . . .

STATE v. H. KESTER,, 612 So. 2d 584 (Fla. Dist. Ct. App. 1992)

. . . .” § 316.066(4), Fla.Stat. (1987). See Sylvester v. . . .

STATE v. BUCHANON,, 610 So. 2d 467 (Fla. Dist. Ct. App. 1992)

. . . See § 316.066, Fla.Stat. (Supp.1990). . . .

BUDGET RENT A CAR SYSTEMS, INC. v. JANA, 600 So. 2d 466 (Fla. Dist. Ct. App. 1992)

. . . Cassidy’s statements to the officer were properly excluded after a proffer under section 316.066, Florida . . .

BURKS, v. STATE, 589 So. 2d 355 (Fla. Dist. Ct. App. 1991)

. . . Heaton conducted a traffic investigation in order to complete an accident report as required by section 316.066 . . .

C. NORSTROM, v. STATE, 587 So. 2d 1148 (Fla. Dist. Ct. App. 1991)

. . . As to the statute, section 316.066, unequivocally commands that an accident report by an involved person . . . Appellant argues that his statement was privileged under section 316.066, Florida Statutes (1988) because . . . Section 316.066 (1988) provides, in part: Each accident report made by a person involved in an accident . . . Admitting such testimony violated section 316.066(4). See also Thomas v. . . . investigation, the statements made in response to those questions will be deemed privileged pursuant to § 316.066 . . . THE COURSE OF A POST ACCIDENT INVESTIGATION BY AN INDIVIDUAL IN POLICE CUSTODY ARE PRIVILEGED UNDER § 316.066 . . .

PARSONS v. STATE OF FLORIDA, 45 Fla. Supp. 2d 44 (Fla. Cir. Ct. 1990)

. . . Nash Motors Inc. v Ellsworth, 129 So.2d 704 (Fla 3d DCA 1961); section 316.066(4) Florida Statutes (1989 . . .

ESTATE OF WALLACE, v. FISHER,, 567 So. 2d 505 (Fla. Dist. Ct. App. 1990)

. . . Section 316.066(4), Florida Statutes, constitutes a limitation on reports and statements made to law . . .

NAVARRO, v. F. KOHAN, Jr., 566 So. 2d 895 (Fla. Dist. Ct. App. 1990)

. . . arrest could not be considered because they were privileged as an accident report pursuant to section 316.066 . . .

TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, INC. v. A. MEEKS,, 560 So. 2d 778 (Fla. 1990)

. . . TMRMC further argues that subsection 395.041(4) is analogous to subsection 316.066(4), Florida Statutes . . . This Court has previously held that statements contained in accident reports compiled under section 316.066 . . .

SYLVESTER, v. STATE, 557 So. 2d 180 (Fla. Dist. Ct. App. 1990)

. . . Counsel also advised that Sylvester would comply with the accident reporting requirements of section 316.066 . . . statements to Trooper Brock, contending that they were protected by the statutory immunity of subsection 316.066 . . . Because the present case can be resolved within the terms of section 316.066, we do not reach the potentially . . . Subsection 316.066(4), Florida Statutes (1987) provides in part: Each accident report made by a person . . . trial, had the witness not been located or had he been unable to identify Sylvester, then subsection 316.066 . . .

L. SCHEINER, d b a L. v. SPURLIN,, 555 So. 2d 403 (Fla. Dist. Ct. App. 1989)

. . . .-07(1)(a), Florida Statutes (1987), subject, however, to the confidentiality provisions of section 316.066 . . . otherwise excise from any such records furnished information made confidential by reason of section 316.066 . . . compliance with the intent of our previous opinion or that of the confidentiality restrictions of section 316.066 . . .

ALLEY, v. STATE, 553 So. 2d 354 (Fla. Dist. Ct. App. 1989)

. . . . § 316.066(4), Fla.Stats. (1987). . . .

STATE OF FLORIDA v. YEOMAN, 40 Fla. Supp. 2d 50 (Fla. Cir. Ct. 1989)

. . . The basis of the court’s ruling was the accident report privilege, § 316.066 F.S. . . .

WEST, v. STATE, 553 So. 2d 254 (Fla. Dist. Ct. App. 1989)

. . . prejudicial statements and admissions were violative of the accident investigation privilege set forth in § 316.066 . . . , Fla.Stat. (1987). § 316.066(4) provides in pertinent part: Each accident report made by a person involved . . . investigation, the statements made in response to those questions will be deemed privileged pursuant to § 316.066 . . . statements at issue fall within the accident investigation privilege and are thus inadmissible pursuant to § 316.066 . . .

YOST, v. STATE, 542 So. 2d 419 (Fla. Dist. Ct. App. 1989)

. . . Such testimony violates section 316.066(4), Florida Statutes, making such statement privileged. . . .

STATE OF FLORIDA v. ZAYAS, 35 Fla. Supp. 2d 95 (Fla. Cir. Ct. 1989)

. . . The only exception is outlined in Florida Statute 316.066(4) as the identity of a person involved in . . .

TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, INC. E. v. A. MEEKS, a A., 543 So. 2d 770 (Fla. Dist. Ct. App. 1989)

. . . .-041, Florida Statutes, is analogous to Section 316.066, Florida Statutes, involving automobile accident . . . be used as evidence in any trial, civil or criminal, arising out of an accident_” Although Section 316.066 . . .

STATE OF FLORIDA v. BREWER, 31 Fla. Supp. 2d 1 (Hillsborough Cty. Ct. 1988)

. . . The Duval Motor case involves an interpretation of Florida Statute 316.066(4) (traffic accident report . . .

SPURLIN, v. L. SCHEINER, d b a L., 531 So. 2d 988 (Fla. Dist. Ct. App. 1988)

. . . 119.07(l)(a), Florida Statutes (1987), subject however to the confidentiality provisions of section 316.066 . . . Section 316.066(4) provides that “each accident report made by a person involved in an accident ... shall . . . To the extent that these statements were made pursuant to the requirements of section 316.066, they are . . . both confidential and privileged. § 316.066(4), Fla.Stat. (1987). . . . The reporting person’s privilege and the confidential nature of his statements under section 316.066( . . .

HAMMOND, v. JIM HINTON OIL COMPANY, INC. J. AGNER, v. JIM HINTON OIL COMPANY, INC. J., 530 So. 2d 995 (Fla. Dist. Ct. App. 1988)

. . . homicide report and thus were inadmissible pursuant to the accident report privilege contained in § 316.066 . . . Section 316.066(3)(a), Florida Statutes (1987), provides in part that: Every law enforcement officer . . . marks and damage to vehicle observed by the investigating officer, are not confidential pursuant to § 316.066 . . . testimony of a driver of one of the vehicles involved in the accident, the diagrams were privileged under § 316.066 . . . Weinrub, 493 So.2d 29 (Fla. 4th DCA 1986), in which it was held a violation of § 316.066 to admit an . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. A. CORBIN,, 527 So. 2d 868 (Fla. Dist. Ct. App. 1988)

. . . determine whether the hearing officer and PERC correctly applied the “accident report privilege,” section 316.066 . . . Section 316.066, Florida Statutes (1986 Supp.), requires the driver of a vehicle involved in an accident . . . As to such report, section 316.066(4) provides in pertinent part: Each accident report made by a person . . . The purpose of the accident report privilege contained in section 316.066(4) is to encourage people to . . . Section 316.066 compels the driver of an automobile involved in an accident to provide potentially self-incriminating . . .

KORNEGAY, v. STATE, 520 So. 2d 681 (Fla. Dist. Ct. App. 1988)

. . . Appellant correctly argues that the statement made to Trooper See was privileged under section 316.066 . . .

H. THOMAS, v. GOTTLIEB, 520 So. 2d 622 (Fla. Dist. Ct. App. 1988)

. . . made by the investigating police officer at the accident scene are not within the privilege of section 316.066 . . .

M. CAHILL, v. DORN,, 519 So. 2d 56 (Fla. Dist. Ct. App. 1988)

. . . , we held in Dinowitz that the admission of such a statement is barred by the provisions of section 316.066 . . . Having authored Dinowitz, I do not wish to nibble at the privilege which section 316.066(4), Florida . . .

JOHNSON, a v. FLORIDA FARM BUREAU CASUALTY INSURANCE COMPANY, W. E. d b a T M JOHNSON, a v. FLORIDA FARM BUREAU CASUALTY INSURANCE COMPANY, W. E., 542 So. 2d 367 (Fla. Dist. Ct. App. 1988)

. . . court excluded evidence of the blood alcohol test results, considering it privileged under section 316.066 . . .

STATE OF FLORIDA v. FERNANDEZ, 25 Fla. Supp. 2d 76 (Palm Beach Cty. Ct. 1987)

. . . occupant of a vehicle is compelled to make in order to comply with his or her statutory duty under Section 316.066 . . . See Section 316.066(4), Florida Statute (1985). In Combs v. . . .

STATE OF FLORIDA v. HARVELL, 22 Fla. Supp. 2d 128 (Fla. Cir. Ct. 1987)

. . . . § 316.066(4). . . . Stat. § 316.066(4) precluded the State from utilizing at trial the Defendant’s admission that he was . . . Stat. § 316.066(4). . . . The purpose of section 316.066 is to facilitate ascertaining the cause of accidents by requiring reports . . . Accordingly, the admission of the Defendant should not be afforded any privilege under § 316.066(4). . . .

STATE OF FLORIDA v. WAGNER, 21 Fla. Supp. 2d 167 (Fla. Cir. Ct. 1987)

. . . . § 316.066(4). . . . Stat. 316.066(4); and therefore prohibits her from testifying at trial about any statements made by the . . . Section 316.066(4) grants statutory immunity to communications made by persons involved in accidents. . . . owner or occupant of a vehicle is compelled to make in order to comply with the statutory duty under § 316.066 . . .

S. DUFFELL, v. SOUTH WALTON EMERGENCY SERVICES, INC. a Co. A. A., 501 So. 2d 1352 (Fla. Dist. Ct. App. 1987)

. . . Although Section 316.066, Florida Statutes, protects the confidentiality of accident reports, that privilege . . .

STATE v. HOCH,, 500 So. 2d 597 (Fla. Dist. Ct. App. 1986)

. . . but its decision was based on the fact that results of such tests are not privileged under section 316.066 . . .

CHESTER, a By CHESTER v. METROPOLITAN DADE COUNTY,, 493 So. 2d 1119 (Fla. Dist. Ct. App. 1986)

. . . Contrary to the plaintiffs’ contention, Section 316.066, Florida Statutes (1985) which authorizes the . . . Beyond that, we are dubious as to whether the county’s employee violated Section 316.066, Florida Statutes . . .

DINOWITZ v. WEINRUB,, 493 So. 2d 29 (Fla. Dist. Ct. App. 1986)

. . . Section 316.066(4) provides: Each accident report made by a person involved in an accident shall be without . . .

KNIGHT v. STATE OF FLORIDA, 16 Fla. Supp. 2d 121 (Fla. Cir. Ct. 1986)

. . . Point III: Whether Defendant’s statements were privileged pursuant to Section 316.066(4), F.S. (1984) . . . as the driver, owner or occupant of a vehicle is compelled to make in order to comply with Section 316.066 . . .

STATE OF FLORIDA v. PAWINSKI, 16 Fla. Supp. 2d 63 (Polk Cty. Ct. 1985)

. . . used or obtained in compilation of the Florida Traffic Accident Report required by Florida Statute 316.066 . . .

STATE OF FLORIDA v. HOCH, 11 Fla. Supp. 2d 1 (Monroe Cty. Ct. 1985)

. . . made prior to his arrest based upon the statutory accident report privilege, Florida Statutes section 316.066 . . . Section 316.066(4)) Likewise, there is no merit to the suppression of the video obtained under the circumstances . . .

FRIBERG, v. STATE, 468 So. 2d 538 (Fla. Dist. Ct. App. 1985)

. . . State, 228 So.2d 294 (Fla. 3d DCA 1969), cert. denied, 237 So.2d 179 (Fla.1970); §§ 316.066(4), 316.1933 . . .

EICHHOLZ, Sr. v. PEPO PETROLEUM COMPANY, INC., 475 So. 2d 1244 (Fla. Dist. Ct. App. 1985)

. . . sobriety tests were not admissible when obtained for use in an accident report made pursuant to Section 316.066 . . . Section 316.066(4) provides that no such report “shall be used as evidence in any trial, civil or criminal . . .

O BRIEN Co. v. ORTIZ, 467 So. 2d 1056 (Fla. Dist. Ct. App. 1985)

. . . See Section 316.066(4), Florida Statutes (1981). . . .

STATE v. A. ADAMS,, 466 So. 2d 1067 (Fla. 1985)

. . . The district court reversed and remanded for a new trial, holding that subsection 316.066(4), Florida . . . results are admissible because blood-alcohol tests are not communications privileged under subsection 316.066 . . .

STATE v. EDWARDS,, 463 So. 2d 551 (Fla. Dist. Ct. App. 1985)

. . . objected to this testimony claiming it was privileged and therefore inadmissible pursuant to section 316.066 . . . This section provides in relevant part as follows: 316.066 Written reports of accidents.— * * # * * * . . . investigating officer during the accident report phase of the investigation were protected by section 316.066 . . . compelled to make in order to comply with his statutory duty, its use was not prohibited by section 316.066 . . . Brackin construed section 316.066 in effect in 1981. . . .

STATE OF FLORIDA v McGLYNN, 34 Fla. Supp. 2d 76 (Fla. Cir. Ct. 1985)

. . . court to admit evidence contrary to the privilege granted to accident reports under Florida Statute 316.066 . . .

STATE v. L. HEPBURN,, 460 So. 2d 422 (Fla. Dist. Ct. App. 1984)

. . . First, the lower court determined that appellee’s statements are privileged under Section 316.066, Florida . . . Section 316.066(4), Florida Statutes (Supp.1982) provides, in part, as follows: Each accident report . . . In Ferguson, The sole question on appeal is whether Section 316.066(4), Florida Statutes (1979) prohibits . . . statements appel-lee made regarding an accident which she was not reporting are not privileged under Section 316.066 . . . It was error to determine that Section 316.066(4), Florida Statutes (Supp.1982) applies to the instant . . .

G. PASTORI, Jr. v. STATE, 456 So. 2d 1212 (Fla. Dist. Ct. App. 1984)

. . . district court of appeal held that the results were inadmissable as being privileged under section 316.066 . . . See § 316.066(4), Fla.Stat. (1981). . . .

C. A. MEYER PAVING CONSTRUCTION v. McFALLS McFALLS,, 453 So. 2d 912 (Fla. Dist. Ct. App. 1984)

. . . commissioner’s determination that the results of a blood alcohol test were privileged under section 316.066 . . . Section 316.066, Florida Statutes (1979), requires that the driver of a vehicle involved in an accident . . . Section 316.066(4) provides that “[a]ll accident reports made by persons involved in accidents shall . . . Boles, 452 So.2d 540 (Fla.1984), the purpose of section 316.066(4) is to clothe with statutory immunity . . . only such statements as the driver is compelled to make under section 316.066(1) and (2). . . .

BRACKIN, v. BOLES,, 452 So. 2d 540 (Fla. 1984)

. . . The trial court ruled that this evidence was inadmissible under section 316.066, Florida Statutes (1981 . . . court and the district court of appeal concluded that this evidence was inadmissible under section 316.066 . . . an accident report investigation and a criminal investigation is based on a construction of section 316.066 . . . , Florida Statutes (1981), which provides: 316.066 Written reports of accidents.— (1) The driver of a . . . occupant of a vehicle is compelled to make in order to comply with his or her statutory duty under section 316.066 . . .

A. ADAMS, v. STATE, 448 So. 2d 1201 (Fla. Dist. Ct. App. 1984)

. . . of the blood test as being inadmissible as evidence in the criminal prosecution, relying on Section 316.066 . . . Section 316.066(4) deals with accident reports made by persons involved in accidents, and provides in . . .

SELECTED RISKS INSURANCE COMPANY, v. WHITE, 447 So. 2d 455 (Fla. Dist. Ct. App. 1984)

. . . statement, those statements made to investigating police officers are privileged by operation of Section 316.066 . . .

McTEVIA v. SCHRAG, 446 So. 2d 1183 (Fla. Dist. Ct. App. 1984)

. . . had not seen the accident on the ground that such a statement was a report privileged under Section 316.066 . . . There are a number of cases construing various aspects of Section 316.066. . . . From those cases and Sections 316.064, 316.065, and 316.066 of the statutes we learn that certain persons . . . investigating officer; he was therefore not involved in the accident within the meaning of Section 316.066 . . .

J. COMBS, v. STATE, 436 So. 2d 93 (Fla. 1983)

. . . they were made to fulfill his statutory duty to make an accident report under sections 316.063 and 316.066 . . . , Florida Statutes (1981), and were therefore privileged under section 316.066(4). . . . On appeal the circuit court affirmed, finding that the privilege conferred by Florida Statute 316.066 . . . Under these facts the admissions, therefore, are not privileged under Florida Statute 316.066. . . . of law by affirming a judgment based upon statements admitted into evidence in violation of section 316.066 . . .

SKIPPER v. STATE OF FLORIDA, 14 Fla. Supp. 2d 43 (Fla. Cir. Ct. 1983)

. . . LAW REVIEWED Florida Statutes 316.066 State v. Coffey, 212 So.2d 632 (Fla. 1968) State v. . . . to Suppress Blood Test Results and that the blood test results are admissible under Florida Statute 316.066 . . . SKIPPER, begs the question of whether or not the consent is required and whether or not Florida Statute 316.066 . . . The issue raised by the State that the July 1, 1982, Amendment to Florida Statute 316.066 applies to . . .

J. HOCTOR, a By J. HOCTOR B. J. B. v. K. TUCKER,, 432 So. 2d 1352 (Fla. Dist. Ct. App. 1983)

. . . On appeal plaintiff alleges, because of the evidence exclusionary rule contained in section 316.066(4 . . . In summary, the violation of. the exclusion in section 316.066(4), Florida Statutes (1981), to the extent . . .

STATE OF FLORIDA v. ALLMAN STATE OF FLORIDA v. HARRELL, 3 Fla. Supp. 2d 129 (Palm Beach Cty. Ct. 1983)

. . . Whether a defendant’s statement to an officer preparing an accident report pursuant to 316.066 F.S. can . . . evidence sufficiently tends to show Harrell committed the offense of DWI to admit his statement under 316.066 . . . Whether privileged statements under 316.066(4) F.S. can be used for impeachment purposes. . . . A DEFENDANT’S STATEMENT TO AN OFFICER PREPARING AN ACCIDENT REPORT PURSUANT TO 316.066 F.S. . . . PRIVILEGED STATEMENTS UNDER 316.066 F.S. CANNOT BE USED FOR IMPEACHMENT PURPOSES. In Harris v. . . .