Bill Amendment: FL S1482 | 2018 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Motor Vehicles and Railroad Trains

Status: 2018-03-10 - Died in Rules [S1482 Detail]

Download: Florida-2018-S1482-Senate_Committee_Amendment_964952.html

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       Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1482
       
       
       
       
       
       
                                Ì964952?Î964952                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/06/2018           .                                
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       The Committee on Judiciary (Young) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (61) of section 316.003, Florida
    6  Statutes, is amended to read:
    7         316.003 Definitions.—The following words and phrases, when
    8  used in this chapter, shall have the meanings respectively
    9  ascribed to them in this section, except where the context
   10  otherwise requires:
   11         (61) RAILROAD TRAIN.—A steam engine, electric or other
   12  motor, with or without cars coupled thereto, operated upon
   13  rails, except a streetcar. A railroad train is not a motor
   14  vehicle for purposes of this chapter.
   15         Section 2. Subsection (2) of section 316.068, Florida
   16  Statutes, is amended to read:
   17         316.068 Crash report forms.—
   18         (2) Every crash report required to be made in writing must
   19  be made on the appropriate form approved by the department and
   20  must contain all the information required therein, including:
   21         (a) The date, time, and location of the crash;
   22         (b) A description of the vehicles involved;
   23         (c) The names and addresses of the parties involved;
   24  however, in the event of a crash involving a railroad train,
   25  including crashes covered by s. 316.027, s. 316.061, s. 316.065,
   26  or s. 316.066, the collection of the information specified in
   27  this paragraph shall be at the discretion of the law enforcement
   28  officer having jurisdiction to investigate the crash;
   29         (d) The names and addresses of all drivers and passengers
   30  in the vehicles involved; however, in the event of a crash
   31  involving a railroad train, including crashes covered by s.
   32  316.027, s. 316.061, s. 316.065, or s. 316.066, the collection
   33  of the information specified in this paragraph shall be at the
   34  discretion of the law enforcement officer having jurisdiction to
   35  investigate the crash;
   36         (e) The names and addresses of witnesses;
   37         (f) The name, badge number, and law enforcement agency of
   38  the officer investigating the crash; and
   39         (g) The names of the insurance companies for the respective
   40  parties involved in the crash,
   41  
   42  unless not available. A member of a railroad train crew or a
   43  passenger on a railroad train is not a passenger for purposes of
   44  this section. The absence of information in such written crash
   45  reports regarding the existence of passengers in the vehicles
   46  involved in the crash constitutes a rebuttable presumption that
   47  no such passengers were involved in the reported crash.
   48  Notwithstanding any other provisions of this section, a crash
   49  report produced electronically by a law enforcement officer
   50  must, at a minimum, contain the same information as is called
   51  for on those forms approved by the department.
   52         Section 3. This act shall take effect July 1, 2018.
   53  
   54  ================= T I T L E  A M E N D M E N T ================
   55  And the title is amended as follows:
   56         Delete everything before the enacting clause
   57  and insert:
   58                        A bill to be entitled                      
   59         An act relating to motor vehicles and railroad trains;
   60         amending s. 316.003, F.S.; revising the definition of
   61         the term “railroad train”; amending s. 316.068, F.S.;
   62         requiring that, in the event of a crash involving a
   63         railroad train, the collection of certain information
   64         be at the discretion of the law enforcement officer
   65         having jurisdiction to investigate the crash;
   66         specifying that certain persons are not considered
   67         passengers for the purpose of making crash reports;
   68         providing an effective date.