Florida Senate - 2018                                    SB 1482
       
       
        
       By Senator Young
       
       
       
       
       
       18-01396-18                                           20181482__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicles and railroad trains;
    3         amending s. 316.003, F.S.; revising definitions;
    4         amending s. 316.068, F.S.; specifying that certain
    5         persons are not considered passengers for the purpose
    6         of making crash reports; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsections (19), (40), (46), (61), and (97) of
   11  section 316.003, Florida Statutes, are amended to read:
   12         316.003 Definitions.—The following words and phrases, when
   13  used in this chapter, shall have the meanings respectively
   14  ascribed to them in this section, except where the context
   15  otherwise requires:
   16         (19) DRIVER.—Any person who drives or is in actual physical
   17  control of a vehicle on a highway or who is exercising control
   18  of a vehicle or steering a vehicle being towed by a motor
   19  vehicle. A railroad train engineer operating a railroad train is
   20  not a driver for purposes of this chapter.
   21         (40) MOTOR VEHICLE.—Except when used in s. 316.1001, a
   22  self-propelled vehicle not operated upon rails or guideway, but
   23  not including any bicycle, motorized scooter, electric personal
   24  assistive mobility device, personal delivery device, swamp
   25  buggy, or moped. For purposes of s. 316.1001, “motor vehicle”
   26  has the same meaning as provided in s. 320.01(1)(a). A railroad
   27  train is not a motor vehicle for purposes of this chapter.
   28         (46) OPERATOR.—Any person who is in actual physical control
   29  of a motor vehicle upon the highway or who is exercising control
   30  over or steering a vehicle being towed by a motor vehicle. A
   31  railroad train engineer operating a railroad train is not an
   32  operator for purposes of this chapter.
   33         (61) RAILROAD TRAIN.—A steam engine, electric or other
   34  motor, with or without cars coupled thereto, operated upon
   35  rails, except a streetcar. A railroad train is not a motor
   36  vehicle for purposes of this chapter.
   37         (97) VEHICLE.—Every device in, upon, or by which any person
   38  or property is or may be transported or drawn upon a highway,
   39  except personal delivery devices and devices used exclusively
   40  upon stationary rails or tracks. A railroad train is not a
   41  vehicle for purposes of this chapter.
   42         Section 2. Subsection (2) of section 316.068, Florida
   43  Statutes, is amended to read:
   44         316.068 Crash report forms.—
   45         (2) Every crash report required to be made in writing must
   46  be made on the appropriate form approved by the department and
   47  must contain all the information required therein, including:
   48         (a) The date, time, and location of the crash;
   49         (b) A description of the vehicles involved;
   50         (c) The names and addresses of the parties involved;
   51         (d) The names and addresses of all drivers and passengers
   52  in the vehicles involved;
   53         (e) The names and addresses of witnesses;
   54         (f) The name, badge number, and law enforcement agency of
   55  the officer investigating the crash; and
   56         (g) The names of the insurance companies for the respective
   57  parties involved in the crash,
   58  
   59  unless not available. A member of a railroad train crew or a
   60  passenger on a railroad train is not a passenger for purposes of
   61  this section. The absence of information in such written crash
   62  reports regarding the existence of passengers in the vehicles
   63  involved in the crash constitutes a rebuttable presumption that
   64  no such passengers were involved in the reported crash.
   65  Notwithstanding any other provisions of this section, a crash
   66  report produced electronically by a law enforcement officer
   67  must, at a minimum, contain the same information as is called
   68  for on those forms approved by the department.
   69         Section 3. This act shall take effect July 1, 2018.