Agenda 10/22/2024 Item #16B 6 (Authorize Chairman to execute a MOU with the Florida Dept. of Highway Safety and Motor Vehicles for redacted crash data)10/22/2024
Item # 16.B.6
ID# 2024-905
Executive Summary
*** This item continued from the October 8, 2024, BCC Meeting. *** Recommendation to authorize the Chairman to
execute a Memorandum of Understanding (MOU) with the Florida Department of Highway Safety and Motor Vehicles
for redacted crash data.
OBJECTIVE: To obtain redacted crash data from the Florida Department of Highway Safety and Motor Vehicles
(FLHSMV).
CONSIDERATIONS: The FLHSMV collects crash reports from local and state law enforcement agencies and
compiles the information. The Collier County Traffic Operations team receives this crash data currently with two-month
delay to protect personal data, etc. By executing this MOU, we will avoid the waiting period and have redacted crash
data provided promptly. This will allow our team to review crashes in a timely manner and, if deemed necessary,
implement safety improvements as quickly as possible.
This item was originally on the June 11, 2024, board agenda (Item 16B.2) and approved. However, the FLHSMV
revised the MOU form on August 1, 2024, and requires the new MOU to be signed.
This item is consistent with the Collier County strategic plan objective to design and maintain an effective transportation
system to reduce traffic congestion and improve the mobility of our residents and visitors.
FISCAL IMPACT: There is no fiscal impact associated with the approval of this Memorandum of Understanding for
redacted crash data.
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long-Range Transportation Plan
and Objective 1 of the Transportation Element of the Collier County Growth Management Plan to maintain the major
roadway system at an acceptable Level of Service.
LEGAL CONSIDERATIONS: This item has been reviewed the County Attorney, is approved as to form and legality
and requires majority vote for approval. -JAK
RECOMMENDATIONS: To authorize the Chairman to execute a Memorandum of Understanding with the Florida
Department of Highway Safety and Motor Vehicles for redacted crash data.
PREPARED BY: Daniel G. Hall, PE, Principal Project Manager, Transportation Engineering Division
ATTACHMENTS:
1. Redacted Crash Data MOU Governmental Entities (rev. 10.25.2023)v2
Page 2448 of 7162
MEMORANDUM OF UNDERSTANDING
REDACTED CRASH DATA
HSMV-
This Memorandum of Understanding (“MOU”) is entered into by the Florida Department of Highway Safety and
Motor Vehicles (“Department”) and _______________________________________ (“__________________”),
each a “Party” and collectively referred to as “Parties.”
WHEREAS, the Department is a governmental entity with primary duties that include issuance of motor vehicle
and driver licenses, registration and titling of motor vehicles, and enforcement of all laws governing traffic,
travel, and public safety upon Florida’s highways; and
WHEREAS, the Department has an interest in serving the citizens of Florida in all matters concerning the
highways of this State including Consumer Protection; and
WHEREAS, the Department, in carrying out its statutorily mandated duties, collects and maintains motor vehicle
crash records, which are subject to the parameters set forth in § 119.0712(2) and 316.066(2)(b), Fla. Stat.; and
18 U.S.C. § 2721-2725, the Driver Privacy Protection Act (“DPPA”); and
WHEREAS, the Department, in carrying out its statutorily mandated duties, is permitted to provide access to
motor vehicle crash records in accordance with § 119.0712(2) and 316.066(2)(b), Fla. Stat., and DPPA; and
WHEREAS, pursuant to § 316.066(2)(a), Fla. Stat., 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 § 119.011, Fla. Stat., are confidential and
exempt from Art. I. § 24(a), Fla. Const. and § 119.07(1), Fla. Stat. for a period of 60 days after the date the
report is filed, and further may only be released as specifically authorized by § 316.066, Fla. Stat.; and
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Redacted Crash Data MOU – Governmental Entities (rev. 10/25/2023)v2 Page 2 of 4
WHEREAS, this MOU is permitted by § 316.066(2)(b), Fla. Stat., which states in pertinent part: ”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.”
NOW THEREFORE, the Parties agree to the following conditions:
1.Pursuant to § 316.066(2)(b), Fla. Stat., the Department will provide to ______________________, upon
request within a reasonable time as determined by the Department, which the Department may decide
to provide on a weekly basis, data derived from Florida crash reports solely for the purpose of identifying
vehicles involved in crashes. The data provided by this MOU will not include the identity, home or
employment telephone numbers, home or employment addresses, or any other personal information
of the parties involved in a crash. The Department will provide documentation to
______________________ describing the format and definitions of the data provided to
______________________ by the Department pursuant to this MOU, and will supply documentation to
______________________ describing changes to such format and definitions as soon as possible, but
no later than thirty (30) days before such changes are reflected in any data provided to
______________________ by the Department pursuant to this MOU.
2.All data and information provided to ______________________ by the Department pursuant to this
MOU shall only be used for the purposes identified in this MOU. ______________________ agrees to
ensure that any use by ______________________ of the data provided through the MOU will
comply with all applicable state or federal law or regulations. ______________________ will abide by
all applicable federal and state laws and regulations with respect to the disclosure of data obtained
through this MOU and, to the extent legally required, will protect and maintain the confidentiality of the
data received from the Department. To the extent allowed by law, subject to the limits of Section
768.28, Florida Statutes, ______________________ agrees to indemnify and hold harmless the
Department for any claims made by a third party resulting from ______________________'s negligent
or wrongful use of any data provided by the Department through this MOU.
3.______________________ is solely responsible for any of its own costs associated with this MOU, and
this MOU does not create any financial obligations on the Department.
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Redacted Crash Data MOU – Governmental Entities (rev. 10/25/2023)v2 Page 3 of 4
4.This MOU will expire two (2) years from the date last signed by the Parties. Either Party may terminate
this MOU at will sooner upon providing thirty (30) days’ prior written notice to the other Party. In
addition, this MOU is subject to unilateral suspension or termination by the Department without notice
to ______________________ for the failure of ______________________ to comply with any of the
requirements of this MOU, or with any applicable state or federal laws, rules, or regulations, including,
but not limited to, DPPA, sections 119.0712(2), 316.066, 324.242 or 501.171, Florida Statutes, or any
laws designed to protect driver privacy. Upon expiration or termination, ______________________ may
continue to use any and all data already provided to ______________________ by the Department
under this MOU as of the effective date of such expiration or termination solely for the purposes
identified in this MOU, in compliance with state and federal law.
5.The Parties agree that all provisions herein concerning protection of data provided by the Department
to ______________________ shall survive the expiration or termination of this MOU, and that the
Department reserves the right to enforce the provisions of this MOU after expiration or termination,
including obtaining injunctive relief.
6.______________________ will cooperate and ensure that its subcontractors, if any, cooperate with
the Department’s Inspector General in any investigation, audit, inspection, review, or hearing
pursuant to § 20.055, Fla. Stat.
7.If applicable, ______________________ must comply with the requirements of the State of Florida,
Office of the Governor, Executive Order Number 20-044, issued February 20, 2020, regarding
submission of an annual report, as required by the Department, which shall include, in part,
______________________’s most recent IRS Form 990, Return of Organization Exempt from Income
Tax.
8.This MOU is executed and entered into in the state of Florida, and shall be construed, performed
and enforced in all respects in accordance with the laws, rules and regulations of the state of
Florida. Any action hereon or in connection herewith shall be brought in Leon County, Florida.
END OF PAGE INTENTIONALLY LEFT BLANK
Page 2451 of 7162
Redacted Crash Data MOU – Governmental Entities (rev. 10/25/2023)v2 Page 4 of 4
In witness hereof, the Parties have executed this MOU by their duly authorized officials on the date(s)
indicated below.
FOR: BY:
___________________________________ __________________________________
Requesting Party Name Signature of Authorized Official
__________________________________
Street Address Printed/Typed Name
___________________________________ __________________________________
Suite Title
___________________________________ __________________________________
City State Zip Code Date
FOR: BY:
Florida Department of Highway Safety and
Motor Vehicles _______________________ __________________________________
Providing Party Name Signature of Authorized Official
2900 Apalachee Parkway __________________________________
Street Address Printed/Typed Name
____________________________________ __________________________________
Suite Title
Tallahassee, Florida 32399 __________________________________
City State Zip Code Date
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