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  vehicles for the respective parties involved 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.