The 2023 Florida Statutes (including Special Session C)
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. . . Draleaus , 226 So. 3d 990 (Fla. 4th DCA 2017) (holding that Florida's Accident Report Privilege, section 316.066 . . .
. . . Section 316.066(4), Florida Statutes (2018) provides: "Except as specified in this subsection, each crash . . .
. . . 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 . . .
. . . . § 316.066(2)(a). . . .
. . . Code” and noting that, for example, “the many amendments to the accident report privilege in section 316.066 . . .
. . . 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 . . .
. . . 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 . . .
. . . . § 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 . . .
. . . Notwithstanding s. 316.066(5), the crash report shall be considered by the hearing officer. . . . .
. . . enforcement was required to complete a Florida Traffic Crash Report, Long Form, pursuant to section 316.066 . . .
. . . 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 . . .
. . . Attempting to interject information from the police report of the accident, in violation of section 316.066 . . .
. . . 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). . . .
. . . 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 . . .
. . . The applicability of the accident report privilege established in section 316.066(7) to Mr. . . .
. . . .” § 316.066(7), Fla. Stat. (2008). . . .
. . . the county court sustained the objection based on the “accident or crash report” privilege in section 316.066 . . .
. . . . § 316.066(4), Fla. Stat. (2005) (creating a privilege for crash reports); § 766.101(5), Fla. . . .
. . . See §§ 316.065(1); 316.066, Fla. Stat. . . .
. . . Notwithstanding s. 316.066(7), the crash report shall be considered by the hearing officer. . . .
. . . . § 316.066(7), for the astonishing proposition that an accident report may not be used in a trial. . . .
. . . See § 316.066(7), Fla. . . .
. . . 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 . . .
. . . 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). . . .
. . . findings regarding the circumstances that resulted in the death and the damage to the vehicle, see §§ 316.066 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . any statement made during an accident investigation is subject to the accident report privilege; s. 316.066 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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.- . . .
. . . involved in the crash made to investigators at the accident scene are inadmissible pursuant to section 316.066 . . .
. . . 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 . . .
. . . 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 . . .
. . . Specifically, the record supports the trial court’s decision finding section 316.066(4), Florida Statutes . . .
. . . 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 . . .
. . . 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 . . .
. . . Section 316.066(4), Florida Statutes (1993), as amended in 1989, provides for a privilege to individuals . . .
. . . . § 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 . . .
. . . 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). . . .
. . . See § 316.066, Fla.Stat. (1987); Hammond v. Jim Hinton Oil Co., 530 So.2d 995 (Fla. 1st DCA 1988). . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 “ . . .
. . . Heaton conducted a traffic investigation in order to complete an accident report as required by section 316.066 . . .
. . . 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 . . .
. . . .” § 316.066(4), Fla.Stat. (1987). See Sylvester v. . . .
. . . See § 316.066, Fla.Stat. (Supp.1990). . . .
. . . Cassidy’s statements to the officer were properly excluded after a proffer under section 316.066, Florida . . .
. . . Heaton conducted a traffic investigation in order to complete an accident report as required by section 316.066 . . .
. . . 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 . . .
. . . Nash Motors Inc. v Ellsworth, 129 So.2d 704 (Fla 3d DCA 1961); section 316.066(4) Florida Statutes (1989 . . .
. . . Section 316.066(4), Florida Statutes, constitutes a limitation on reports and statements made to law . . .
. . . arrest could not be considered because they were privileged as an accident report pursuant to section 316.066 . . .
. . . 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 . . .
. . . 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 . . .
. . . .-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 . . .
. . . . § 316.066(4), Fla.Stats. (1987). . . .
. . . The basis of the court’s ruling was the accident report privilege, § 316.066 F.S. . . .
. . . 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 . . .
. . . Such testimony violates section 316.066(4), Florida Statutes, making such statement privileged. . . .
. . . The only exception is outlined in Florida Statute 316.066(4) as the identity of a person involved in . . .
. . . .-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 . . .
. . . The Duval Motor case involves an interpretation of Florida Statute 316.066(4) (traffic accident report . . .
. . . 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( . . .
. . . 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 . . .
. . . 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 . . .
. . . Appellant correctly argues that the statement made to Trooper See was privileged under section 316.066 . . .
. . . made by the investigating police officer at the accident scene are not within the privilege of section 316.066 . . .
. . . , 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 . . .
. . . court excluded evidence of the blood alcohol test results, considering it privileged under section 316.066 . . .
. . . 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. . . .
. . . . § 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). . . .
. . . . § 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 . . .
. . . Although Section 316.066, Florida Statutes, protects the confidentiality of accident reports, that privilege . . .
. . . but its decision was based on the fact that results of such tests are not privileged under section 316.066 . . .
. . . 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 . . .
. . . Section 316.066(4) provides: Each accident report made by a person involved in an accident shall be without . . .
. . . 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 . . .
. . . used or obtained in compilation of the Florida Traffic Accident Report required by Florida Statute 316.066 . . .
. . . 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 . . .
. . . State, 228 So.2d 294 (Fla. 3d DCA 1969), cert. denied, 237 So.2d 179 (Fla.1970); §§ 316.066(4), 316.1933 . . .
. . . 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 . . .
. . . See Section 316.066(4), Florida Statutes (1981). . . .
. . . 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 . . .
. . . 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. . . .
. . . court to admit evidence contrary to the privilege granted to accident reports under Florida Statute 316.066 . . .
. . . 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 . . .
. . . district court of appeal held that the results were inadmissable as being privileged under section 316.066 . . . See § 316.066(4), Fla.Stat. (1981). . . .
. . . 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). . . .
. . . 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 . . .
. . . 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 . . .
. . . statement, those statements made to investigating police officers are privileged by operation of Section 316.066 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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. . . .