Home / Police and court records

Are Car Accident Reports Public Record in Florida? The 60-Day Crash Report Rule Explained

Written by Adam Bair.

TL;DR: Are Florida crash reports public? Not right away, under the 60-day rule. A crash report that names the people in it stays closed for 60 days, except to a short list.

This guide covers the 60-day rule, who can get a crash report early, and what they must show. It also shows how to make a Florida Highway Patrol public records request.

What is the 60-day rule for Florida crash reports?

Section 316.066(2)(a), Florida Statutes, sets the rule. If a public office holds a crash report, it stays confidential and exempt for 60 days after filing.

The rule covers a report that shows who the parties involved are. It also covers their phone numbers, home or work addresses, and other facts about them.

Confidential and exempt means the public can't get it in that time. You can still learn that a crash took place, but the written report stays closed.

The law aims at one problem: people who use crash reports to solicit victims for business. That is why the sworn statement, covered below, is a promise not to do that.

This rule has an end date. Under section 316.066(2)(h), it will lapse on October 2, 2027, unless lawmakers act to keep it.

Who can get a crash report in the first 60 days?

Section 316.066(2)(b) lets these people get a crash report right away:

A car's owner can get the report too (AGO 01-59). But you may not pass the report on to a person who is not on the list.

People hurt in a crash often need the report for a claim with their insurer or a personal injury claim. That is why insurance companies tend to see it first.

Can the news media get it?

Yes, with some details left out. Licensed radio and TV stations can get reports right away. So can a newspaper that can print legal notices.

Their copies leave out home and work addresses, phone numbers, birth dates, and driver license numbers.

What does the sworn statement require?

To get a closed crash report, you must meet two terms under section 316.066(2)(d). First, show a valid driver license or other photo ID, or proof that you qualify.

Second, file a written sworn statement with the office that has the report. In it, you swear not to use the report to solicit crash victims for business. You also swear not to share it with others for that use.

You sign a new statement for each crash report. A vendor that works for insurers can skip the statement, but its contract must carry the terms the law sets.

What are the penalties?

They are steep. Some misuse of a closed crash report is a third-degree felony under section 316.066(3). A person whose facts someone misuses may also sue, under section 316.066(3)(e).

A second law, section 119.105, bars the use of closed facts in police reports to solicit victims or their kin. A willful breach of that law is also a felony.

What happens after 60 days?

The 60-day rule ends, but the report does not open to all. Under section 316.066(2)(f), the office may then give it to the people on the early list.

It may also give it out for the uses a U.S. privacy law allows. That law is the Driver's Privacy Protection Act, at 18 U.S.C. section 2721(b). It also limits resale and sharing.

Some offices keep crash data in a database, and that data stays closed too. After 60 days, an office may share it with those who qualify, under a written deal. Section 316.066(2)(g) sets that rule.

What is in a traffic crash report?

Section 316.066(1) sets out two kinds of reports. An officer uses the long form when a crash:

The officer must send a long form to FLHSMV within 10 days after the officer ends the probe. For other crashes on public roads, the officer may fill out a short form. Or the officer may give the drivers a form to swap their details.

Both forms list the date, time, and place, the cars, and the drivers, riders, and witnesses with their addresses. They also list the officer and the insurers. Those facts are why the report stays closed for 60 days.

What if no officer writes a report?

Say a crash damages a car or other property, but the law calls for no police report. Then the driver must file a written report with FLHSMV on its form within 10 days. Section 316.066(1)(e) sets that rule.

A driver who fails to do so commits a noncriminal traffic infraction, under section 316.066(3)(a).

Is a crash report the same as a police report?

Not quite. An officer writes a crash report, so many people call it a police report or an accident report. But the 60-day rule in section 316.066 covers only crash reports.

Other police reports follow the main public records rules. See how to get a police report after an arrest.

What about a traffic ticket?

A traffic citation is not closed as a whole. But the driver facts on it are exempt, under section 316.650(11)(b)1.

That means the driver's birth date, license number, address but for the zip code, phone number, and tag number. The driver's name is not part of it.

How do I make a Florida Highway Patrol public records request?

The Florida Highway Patrol, or FHP, is part of the state highway safety and motor vehicles department, known as FLHSMV. For a crash report FHP wrote, ask FLHSMV for a copy.

Section 321.23(2)(a) sets the fee for a crash report from FLHSMV at $10 a copy. A homicide report costs $25 a copy, under section 321.23(2)(b).

For other FHP records, send a public records request to its records custodian. That is the person who keeps the records and answers requests. You do not need a form, and you do not have to say why you want the records.

What FHP records may be limited?

How do I get a copy of my car accident report?

It depends on who came to the crash. If FHP came, ask FLHSMV. If a city police department or sheriff came, go to that office's records unit.

At a local police office, the usual copy fees in section 119.07(4) apply unless a law sets a fee. If you are not sure who came, check the crash site and ask.

FLHSMV runs an online crash report request system. Some local offices take requests online or by email, and others want a visit or a mailed request.

In the first 60 days, plan to show ID and sign the sworn statement, however you ask. For the basics, see how to request public records.

What mistakes slow down a request?

Frequently asked questions

Are car accident reports public record in Florida?
Not right away. A crash report that names the people in the crash stays closed for 60 days from the date of filing. Only a few groups can get it in that time.
Who can get a crash report during the first 60 days?
The people in the crash, their lawyers, their insurers, police, victim services programs, and public bodies. Some radio, TV, and news outlets can get a copy with key details left out.
What do I need to show to get a crash report within 60 days?
A valid driver license or other photo ID, or proof that you qualify. You also sign a sworn statement that you will not use the report to solicit crash victims for business.
What happens after the 60 days?
The report can go to the people on the early list. It can also go out for the uses a U.S. privacy law allows. Ask the office what it needs from you.
How much does a Florida crash report cost?
From the state highway safety and motor vehicles department, a copy costs $10. From a city police department or sheriff, the usual public records copy fees apply unless a law sets a fee.
How do I make a Florida Highway Patrol public records request?
For a crash report from FHP, ask the state highway safety and motor vehicles department, which runs FHP. For other FHP records, send a public records request to its records custodian.

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.