Florida Senate - 2019 CS for SB 1002 By the Committee on Infrastructure and Security; and Senator Hutson 596-02961-19 20191002c1 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; revising 9 the collection of information to include the names of 10 insurance companies of the motor vehicles involved in 11 the crash, rather than the names of insurance 12 companies for all respective parties; specifying that 13 certain persons are not considered passengers for the 14 purpose of making crash reports; requiring a member of 15 the railroad train crew to furnish specified 16 information; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Subsection (63) of section 316.003, Florida 21 Statutes, is amended to read: 22 316.003 Definitions.—The following words and phrases, when 23 used in this chapter, shall have the meanings respectively 24 ascribed to them in this section, except where the context 25 otherwise requires: 26 (63) RAILROAD TRAIN.—A steam engine, electric or other 27 motor, with or without cars coupled thereto, operated upon 28 rails, except a streetcar. A railroad train is not a motor 29 vehicle for purposes of this chapter. 30 Section 2. Subsection (2) of section 316.068, Florida 31 Statutes, is amended to read: 32 316.068 Crash report forms.— 33 (2) Every crash report required to be made in writing must 34 be made on the appropriate form approved by the department and 35 must contain all the information required therein, including: 36 (a) The date, time, and location of the crash; 37 (b) A description of the vehicles involved; 38 (c) The names and addresses of the parties involved; 39 however, in the event of a crash involving a railroad train, 40 including crashes covered by s. 316.027, s. 316.061, s. 316.065, 41 or s. 316.066, the collection of the information specified in 42 this paragraph shall be at the discretion of the law enforcement 43 officer having jurisdiction to investigate the crash; 44 (d) The names and addresses of all drivers and passengers 45 in the motor vehicles involved; however, in the event of a crash 46 involving a railroad train, including crashes covered by s. 47 316.027, s. 316.061, s. 316.065, or s. 316.066, the collection 48 of the information specified in this paragraph shall be at the 49 discretion of the law enforcement officer having jurisdiction to 50 investigate the crash; 51 (e) The names and addresses of witnesses; 52 (f) The name, badge number, and law enforcement agency of 53 the officer investigating the crash; and 54 (g) The names of the insurance companies of the motor 55 vehiclesfor the respective partiesinvolved in the crash, 56 unless not available. A member of a railroad train crew or a 57 passenger on a railroad train is not a passenger for purposes of 58 this section. A member of the railroad train crew shall furnish 59 the information required under paragraphs (a), (b), (c), and (e) 60 and, upon the request of the law enforcement officer with 61 jurisdiction to investigate the crash, the train engineer’s and 62 conductor’s federal certification pursuant to 49 C.F.R., parts 63 240 and 242. The absence of information in such written crash 64 reports regarding the existence of passengers in the vehicles 65 involved in the crash constitutes a rebuttable presumption that 66 no such passengers were involved in the reported crash. 67 Notwithstanding any other provisions of this section, a crash 68 report produced electronically by a law enforcement officer 69 must, at a minimum, contain the same information as is called 70 for on those forms approved by the department. 71 Section 3. This act shall take effect July 1, 2019.