Bill Text: FL S1482 | 2018 | Regular Session | Comm Sub

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Bill Title: Motor Vehicles and Railroad Trains

Spectrum: Bipartisan Bill

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

Download: Florida-2018-S1482-Comm_Sub.html

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       Florida Senate - 2018                             CS for SB 1482
       
       
        
       By the Committee on Judiciary; and Senator Young
       
       
       
       
       
       590-02939-18                                          20181482c1
    1                        A bill to be entitled                      
    2         An act relating to motor vehicles and railroad trains;
    3         amending s. 316.003, F.S.; revising the definition of
    4         the term “railroad train”; amending s. 316.068, F.S.;
    5         requiring that, in the event of a crash involving a
    6         railroad train, the collection of certain information
    7         be at the discretion of the law enforcement officer
    8         having jurisdiction to investigate the crash;
    9         specifying that certain persons are not considered
   10         passengers for the purpose of making crash reports;
   11         providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (61) of section 316.003, Florida
   16  Statutes, is amended to read:
   17         316.003 Definitions.—The following words and phrases, when
   18  used in this chapter, shall have the meanings respectively
   19  ascribed to them in this section, except where the context
   20  otherwise requires:
   21         (61) RAILROAD TRAIN.—A steam engine, electric or other
   22  motor, with or without cars coupled thereto, operated upon
   23  rails, except a streetcar. A railroad train is not a motor
   24  vehicle for purposes of this chapter.
   25         Section 2. Subsection (2) of section 316.068, Florida
   26  Statutes, is amended to read:
   27         316.068 Crash report forms.—
   28         (2) Every crash report required to be made in writing must
   29  be made on the appropriate form approved by the department and
   30  must contain all the information required therein, including:
   31         (a) The date, time, and location of the crash;
   32         (b) A description of the vehicles involved;
   33         (c) The names and addresses of the parties involved;
   34  however, in the event of a crash involving a railroad train,
   35  including crashes covered by s. 316.027, s. 316.061, s. 316.065,
   36  or s. 316.066, the collection of the information specified in
   37  this paragraph shall be at the discretion of the law enforcement
   38  officer having jurisdiction to investigate the crash;
   39         (d) The names and addresses of all drivers and passengers
   40  in the vehicles involved; however, in the event of a crash
   41  involving a railroad train, including crashes covered by s.
   42  316.027, s. 316.061, s. 316.065, or s. 316.066, the collection
   43  of the information specified in this paragraph shall be at the
   44  discretion of the law enforcement officer having jurisdiction to
   45  investigate the crash;
   46         (e) The names and addresses of witnesses;
   47         (f) The name, badge number, and law enforcement agency of
   48  the officer investigating the crash; and
   49         (g) The names of the insurance companies for the respective
   50  parties involved in the crash,
   51  
   52  unless not available. A member of a railroad train crew or a
   53  passenger on a railroad train is not a passenger for purposes of
   54  this section. The absence of information in such written crash
   55  reports regarding the existence of passengers in the vehicles
   56  involved in the crash constitutes a rebuttable presumption that
   57  no such passengers were involved in the reported crash.
   58  Notwithstanding any other provisions of this section, a crash
   59  report produced electronically by a law enforcement officer
   60  must, at a minimum, contain the same information as is called
   61  for on those forms approved by the department.
   62         Section 3. This act shall take effect July 1, 2018.