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.