Are both Long Form or Short Form (Form 90010S) crash reports required to be submitted to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV)?
No. Pursuant to section 316.066(1)(f), Florida Statutes, either the long-form or short-form crash reports prepared by law enforcement must be submitted to FLHSMV and may be maintained by the law enforcement officer’s agency.
When is a long-form crash report required?The Florida Traffic Crash Report, Long Form must include:
Regarding public records, can a law enforcement agency provide the crash report to the involved drivers but deny the insurance companies a copy?
No. In accordance with section 316.066, Florida Statutes, crash reports are confidential and exempt for a period of sixty-days. During this period, only the specific entities identified in section 316.066(2), Florida Statutes, can obtain a copy of the report. These entities include both the parties involved in the crash and their licensed insurance agents. For a complete list of entities, please refer to section 316.066, Florida Statutes. After sixty-days, all crash reports are public record and can be released.
The $5 Revenue Sharing is generated when a crash report is submitted timely, without errors and purchased on FloridaCrashPortal.gov. What does timely mean?
Timely is defined as received by FLHSMV within ten days of the date of the crash. FLHSMV has established this policy in accordance with sections 321.23 and 324.051, Florida Statutes.
Section 316.066, Florida Statutes, directs that crash reports should not be disclosed within the first 60 days. What safe guards are in place to make sure the disclosure is not made prior to this time on FloridaCrashPortal.gov?
Crash reports sold prior to or during this timeframe can only be sold to those individuals who meet one of the exceptions required by statute. A purchaser must disclose the exemption on the webpage and provide their driver license number. Additionally, requestors must perform an attestation and, if false information is provided, the requestor faces the penalty of perjury.
Can agencies submit crash reports via email to FLHSMV? Can a non‐sworn officer write a crash report?Yes. Non-sworn sheriff’s office or police department officers who have successfully completed instruction in traffic enforcement procedures and court presentation may complete a crash report. This instruction must be approved by the Division of Criminal Justice Standards and Training of the Department of Law Enforcement.
Are fatal crash reports, which are still under investigation, available to the general public, even if they take longer than 60 days to investigate?
Yes. If a crash report has been submitted to FLHSMV, regardless if the investigation is complete or not, it can be provided as a public record request, if the party meets an exemption outlined in section 316.066, Florida Statutes. After the 60-day confidential and exempt period, it can be provided to any requesting party.
If a person is fatal within 30 days, does the officer need to update the injury status of the individual on the crash report?
Yes. If an injured motorist (Inj. Severity 4, 3, 2, 1) listed on the Crash Report becomes deceased within 30 days, an update is required to amend the injury Severity Field to “(5 Fatal within 30 days)”.
If a person is fatal more than 30 days, does the injury status stay as reported on the original report? Does the officer need to change the narrative to reflect the death?
No. If an injured motorist (Injury Severity 4, 3, 2, 1) listed on the Crash report becomes deceased after 30 days because of a Motor Vehicle Related injury, the injury severity listed on the Crash Report will remain as reported in the original report. The officer should then update the narrative to explain the death being more than 30 days.
If a person is originally reported as a fatality and an officer determines that the person died from a non-motor vehicle related cause, should the officer update the injury severity?
Yes. If a motorist is listed as injury severity ”5” and becomes deceased from a non‐motor vehicle related cause (i.e. heart attack, natural causes, suicide, homicide), an update to Injury Severity Field to “6‐Non‐Traffic Fatality” is required.
Should a Florida Traffic Crash Report be completed when a train is involved, such as a train striking a pedestrian?
No. A Florida Traffic Crash Report should only be completed if a motor vehicle is also involved. A motor vehicle is defined in section 316.003, Florida Statutes, as a self-propelled vehicle not operated upon rails or guideway, not including any bicycle, motorized scooter, electric personal assistive mobility device, swamp buggy, or moped.
Crash Records and Crash Reporting
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