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Are Crash Reports Public in Florida? The 60-Day Rule Explained
TL;DR: Florida crash reports are not public right away. State law keeps them confidential for 60 days after filing. During that window, only specific people, such as the drivers involved, their lawyers, and their insurers, can get a copy. After 60 days, the report is available to anyone. Even then, some personal details stay protected under federal law.
Florida's 60-day confidential window, in plain English
Florida law, specifically section 316.066(2) of the Florida Statutes, makes crash reports confidential for the first 60 days after the report is filed with the law enforcement agency. The report exists. You can know a crash happened. But the actual document, with names, addresses, license numbers, and crash details, is restricted during that period.
The legislature created this window to protect crash victims from people who might exploit their information quickly after an accident. Solicitation fraud and predatory contact were real problems before the law tightened access.
Once 60 days pass, the report becomes a public record under section 119.07(1)(a) of the Florida Statutes, the state's general public records access provision. At that point, anyone can request it, subject to the limits discussed at the end of this article.
Who can get a crash report in the first 60 days?
Section 316.066(2) lists the people and organizations that qualify for early access. If you are on this list, you can request the report right away. You will still need to prove you qualify, but you do not have to wait.
Parties involved in the crash
If you were a driver, passenger, or owner of a vehicle in the crash, you can request the report. The same applies to the survivors of anyone who died in the crash and to any person or entity that suffered property damage. This is the most common category. If you were in the accident, you qualify.
Insurance companies
Licensed insurers and their attorneys can obtain reports when the information is needed to handle a claim arising from the crash. This is why your insurance company often has the report faster than you do. They know the process and submit the right paperwork quickly.
Attorneys representing parties
Lawyers who represent any party to the crash, or who represent someone with a legal interest in the crash, can request the report within 60 days. They must submit documentation showing the representation. An attorney who simply wants the report out of curiosity does not qualify.
Qualified media
Certain news organizations can get early access, but the statute is specific. The media outlet must meet the definition of news media under Florida law and must demonstrate a legitimate news interest. This is a narrower category than most journalists assume. Simply working for a news company is not enough on its own.
Government and prosecutors
Federal, state, and local government agencies acting in their official capacity can access reports. Prosecutors and law enforcement agencies investigating the crash also qualify. These entities generally have access through internal channels and rarely need to submit a formal public records request.
What does the sworn statement requirement mean?
If you request a crash report within the 60-day window, the agency will ask you to submit a sworn statement declaring that you qualify under section 316.066(2). A sworn statement is a written declaration you sign under penalty of perjury. You are stating that what you say is true.
This applies to everyone, including parties to the crash. Even if you were in the accident, you still need to fill out the form. The agency cannot simply take your word for it. Agencies typically have a standard form for this; ask for it when you make your request.
Submitting a false sworn statement is a criminal matter. Do not overstate your connection to the crash or claim a relationship you do not have.
After 60 days: open access for everyone
Once 60 days pass from the date the crash report was filed, it becomes a public record. You do not need to explain why you want it. You do not need a sworn statement. You make a standard public records request, pay any applicable copying fees, and receive the report.
There is one important caveat. The federal Driver's Privacy Protection Act (DPPA), 18 U.S.C. section 2721 et seq., independently restricts how certain personal information from motor vehicle records can be used or disclosed. Crash reports contain information drawn from driver's license records and vehicle registration records, both of which fall within the DPPA's scope. This means that even after the 60-day window closes, some personal details may not be freely redistributable for commercial or other restricted purposes. The report is public. Using the personal data in it for certain purposes is not.
Note that crash reports follow different rules than a police report (different rules), which is governed by a separate set of exemptions under Florida's public records law.
How do I request the crash report?
The right place to request depends on which agency investigated the crash. Florida does not have a single central repository for all crash reports.
FHP-investigated crashes
If the Florida Highway Patrol investigated the crash, the report is held by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). You can request it through the FLHSMV crash records portal online. Fees apply. Processing times vary, especially for recent reports still within the 60-day window.
Local agency crashes
If a city police department or county sheriff investigated the crash, go to that agency's records unit. Each agency maintains its own crash reports. There is no single county or city portal that covers all agencies. You need to identify the right agency first. Check the crash location if you are not sure who responded.
Online portals
FLHSMV operates an online crash records request system for FHP reports. Some local agencies also have online portals or accept requests by email. Others require an in-person visit or a mailed written request. Check the agency's website first. For more detail on the basic request process, see our guide to Florida public records requests.
Common mistakes that delay your request
- Requesting from the wrong agency. If FHP investigated the crash, a local police department cannot help you. Confirm the responding agency before submitting anything.
- Skipping the sworn statement form. Within 60 days, no sworn statement means no report. Ask for the form before submitting your request so you can send everything together.
- Requesting too early. Reports take time to process and file. A crash that happened yesterday may not have a filed report yet. Agencies typically need several days, sometimes longer for complex crashes.
- Assuming your insurer needs your help getting the report. Your insurance company almost certainly has its own process and will request the report on its own. You do not need to obtain it for them.
- Assuming all personal data is open to any use after 60 days. The DPPA still applies. Using names, addresses, and other personal data from crash reports for commercial solicitation or other restricted purposes is a federal violation.
Frequently asked questions
- Are Florida crash reports public?
- Yes, after a 60-day confidential window. During those 60 days, only certain people can get them.
- Who can get a crash report during the first 60 days?
- Parties to the crash, their lawyers, licensed insurers, prosecutors, qualified news media, and certain government entities.
- Do I need a sworn statement to request a crash report within 60 days?
- Yes. Anyone requesting a crash report within the 60-day window must submit a sworn statement showing they qualify under Florida law.
- Where do I request a Florida crash report?
- For crashes investigated by the Florida Highway Patrol, use the FLHSMV crash portal. For crashes investigated by a local agency, contact that agency's records unit directly.
- Does the 60-day rule apply to all crashes in Florida?
- Yes. Section 316.066(2) of the Florida Statutes applies to all crash reports filed in the state.
- Is personal information in a crash report always public after 60 days?
- No. The federal Driver's Privacy Protection Act still limits how certain personal information in the report can be used or shared, even after the 60-day window closes.
Not legal advice. Educational and informational content only. Reading this site does not create an attorney-client relationship. For advice on a specific matter, consult a licensed Florida attorney.