Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 460
       
       
       
       
       
       
                                Ì581362#Î581362                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/15/2017           .                                
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       The Committee on Transportation (Brandes) recommended the
       following:
       
    1         Senate Substitute for Amendment (724448) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Present subsections (51) through (97) of section
    7  316.003, Florida Statutes, are renumbered as subsections (53)
    8  through (99), respectively, subsection (40) and present
    9  subsections (55) and (95) of that section are amended, and new
   10  subsections (51) and (52) are added to that section, to read:
   11         316.003 Definitions.—The following words and phrases, when
   12  used in this chapter, shall have the meanings respectively
   13  ascribed to them in this section, except where the context
   14  otherwise requires:
   15         (40) MOTOR VEHICLE.—Except when used in s. 316.1001, a
   16  self-propelled vehicle not operated upon rails or guideway, but
   17  not including any bicycle, motorized scooter, electric personal
   18  assistive mobility device, personal delivery device, swamp
   19  buggy, or moped. For purposes of s. 316.1001, “motor vehicle”
   20  has the same meaning as provided in s. 320.01(1)(a).
   21         (51)PERSONAL DELIVERY DEVICE.—An electrically powered
   22  device that:
   23         (a)Is operated on sidewalks and crosswalks and intended
   24  primarily for transporting property;
   25         (b)Weighs less than 80 pounds, excluding cargo;
   26         (c)Has a maximum speed of 10 miles per hour; and
   27         (d)Is equipped with technology to allow for operation of
   28  the device with or without the active control or monitoring of a
   29  natural person.
   30  
   31  A personal delivery device is not considered a vehicle unless
   32  expressly defined by law as a vehicle.
   33         (52)PERSONAL DELIVERY DEVICE OPERATOR.—An entity or its
   34  agent that exercises direct physical control over or monitoring
   35  of the navigation system and operation of a personal delivery
   36  device. For the purposes of this subsection, the term “agent”
   37  means a person charged by the entity with the responsibility of
   38  navigating and operating the personal delivery device. The term
   39  “personal delivery device operator” does not include an entity
   40  or person who requests the services of a personal delivery
   41  device for the purpose of transporting property or an entity or
   42  person who only arranges for and dispatches the requested
   43  services of a personal delivery device.
   44         (57)(55) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
   45  provided in paragraph (79)(b) (77)(b), any privately owned way
   46  or place used for vehicular travel by the owner and those having
   47  express or implied permission from the owner, but not by other
   48  persons.
   49         (97)(95) VEHICLE.—Every device in, upon, or by which any
   50  person or property is or may be transported or drawn upon a
   51  highway, except personal delivery devices and devices used
   52  exclusively upon stationary rails or tracks.
   53         Section 2. Subsection (7) of section 316.008, Florida
   54  Statutes, is amended to read:
   55         316.008 Powers of local authorities.—
   56         (7)(a) A county or municipality may enact an ordinance to
   57  permit, control, or regulate the operation of vehicles, golf
   58  carts, mopeds, motorized scooters, and electric personal
   59  assistive mobility devices on sidewalks or sidewalk areas when
   60  such use is permissible under federal law. The ordinance must
   61  restrict such vehicles or devices to a maximum speed of 15 miles
   62  per hour in such areas.
   63         (b)1.Except as provided in subparagraph 2., a personal
   64  delivery device may be operated on sidewalks and crosswalks
   65  within a county or municipality when such use is permissible
   66  under federal law. This paragraph does not restrict a county or
   67  municipality from otherwise adopting regulations for the safe
   68  operation of personal delivery devices.
   69         2.A personal delivery device may not be operated on the
   70  Florida Shared-Use Nonmotorized Trail Network created under s.
   71  339.81 or components of the Florida Greenways and Trails System
   72  created under chapter 260.
   73         Section 3. Section 316.2071, Florida Statutes, is created
   74  to read:
   75         316.2071Personal delivery devices.—
   76         (1)Notwithstanding any provision of law to the contrary, a
   77  personal delivery device may operate on sidewalks and
   78  crosswalks, subject to s. 316.008(7)(b). A personal delivery
   79  device operating on a sidewalk or crosswalk has all the rights
   80  and duties applicable to a pedestrian under the same
   81  circumstances, except that the personal delivery device must not
   82  unreasonably interfere with pedestrians or traffic and must
   83  yield the right-of-way to pedestrians on the sidewalk or
   84  crosswalk.
   85         (2)A personal delivery device must:
   86         (a)Obey all official traffic and pedestrian control
   87  signals and devices.
   88         (b) Include a plate or marker that is visible and has a
   89  unique device number and identifies the name and contact
   90  information of the personal delivery device operator.
   91         (c)Be equipped with a braking system that, when active or
   92  engaged, enables the personal delivery device to come to a
   93  controlled stop.
   94         (3)A personal delivery device may not:
   95         (a)Operate on a public highway except to the extent
   96  necessary to cross a crosswalk.
   97         (b)Operate on a sidewalk or crosswalk unless the personal
   98  delivery device operator is actively controlling or monitoring
   99  the navigation and operation of the personal delivery device.
  100         (c)Transport hazardous materials as defined in s. 316.003.
  101         Section 4. Paragraph (a) of subsection (1) of section
  102  320.01, Florida Statutes, is amended to read:
  103         320.01 Definitions, general.—As used in the Florida
  104  Statutes, except as otherwise provided, the term:
  105         (1) “Motor vehicle” means:
  106         (a) An automobile, motorcycle, truck, trailer, semitrailer,
  107  truck tractor and semitrailer combination, or any other vehicle
  108  operated on the roads of this state, used to transport persons
  109  or property, and propelled by power other than muscular power,
  110  but the term does not include traction engines, road rollers,
  111  personal delivery devices as defined in s. 316.003, special
  112  mobile equipment as defined in s. 316.003, vehicles that run
  113  only upon a track, bicycles, swamp buggies, or mopeds.
  114         Section 5. Subsection (19) is added to section 320.02,
  115  Florida Statutes, to read:
  116         320.02 Registration required; application for registration;
  117  forms.—
  118         (19)A personal delivery device as defined in s. 316.003 is
  119  not required to satisfy the registration and insurance
  120  requirements of this section.
  121         Section 6. Subsection (1) of section 324.021, Florida
  122  Statutes, is amended to read:
  123         324.021 Definitions; minimum insurance required.—The
  124  following words and phrases when used in this chapter shall, for
  125  the purpose of this chapter, have the meanings respectively
  126  ascribed to them in this section, except in those instances
  127  where the context clearly indicates a different meaning:
  128         (1) MOTOR VEHICLE.—Every self-propelled vehicle that which
  129  is designed and required to be licensed for use upon a highway,
  130  including trailers and semitrailers designed for use with such
  131  vehicles, except traction engines, road rollers, farm tractors,
  132  power shovels, and well drillers, and every vehicle that which
  133  is propelled by electric power obtained from overhead wires but
  134  not operated upon rails, but not including any personal delivery
  135  device as defined in s. 316.003, bicycle, or moped. However, the
  136  term “motor vehicle” does shall not include a any motor vehicle
  137  as defined in s. 627.732(3) when the owner of such vehicle has
  138  complied with the requirements of ss. 627.730-627.7405,
  139  inclusive, unless the provisions of s. 324.051 apply; and, in
  140  such case, the applicable proof of insurance provisions of s.
  141  320.02 apply.
  142         Section 7. Paragraph (a) of subsection (2) of section
  143  324.022, Florida Statutes, is amended to read:
  144         324.022 Financial responsibility for property damage.—
  145         (2) As used in this section, the term:
  146         (a) “Motor vehicle” means any self-propelled vehicle that
  147  has four or more wheels and that is of a type designed and
  148  required to be licensed for use on the highways of this state,
  149  and any trailer or semitrailer designed for use with such
  150  vehicle. The term does not include:
  151         1. A mobile home.
  152         2. A motor vehicle that is used in mass transit and
  153  designed to transport more than five passengers, exclusive of
  154  the operator of the motor vehicle, and that is owned by a
  155  municipality, transit authority, or political subdivision of the
  156  state.
  157         3. A school bus as defined in s. 1006.25.
  158         4. A vehicle providing for-hire transportation that is
  159  subject to the provisions of s. 324.031. A taxicab shall
  160  maintain security as required under s. 324.032(1).
  161         5.A personal delivery device as defined in s. 316.003.
  162         Section 8. Subsection (1) of section 316.2128, Florida
  163  Statutes, is amended to read:
  164         316.2128 Operation of motorized scooters and miniature
  165  motorcycles; requirements for sales.—
  166         (1) A person who engages in the business of, serves in the
  167  capacity of, or acts as a commercial seller of motorized
  168  scooters or miniature motorcycles in this state must prominently
  169  display at his or her place of business a notice that such
  170  vehicles are not legal to operate on public roads, may not be
  171  registered as motor vehicles, and may not be operated on
  172  sidewalks unless authorized by an ordinance enacted pursuant to
  173  s. 316.008(7)(a) 316.008(7) or s. 316.212(8). The required
  174  notice must also appear in all forms of advertising offering
  175  motorized scooters or miniature motorcycles for sale. The notice
  176  and a copy of this section must also be provided to a consumer
  177  prior to the consumer’s purchasing or becoming obligated to
  178  purchase a motorized scooter or a miniature motorcycle.
  179         Section 9. Paragraph (b) of subsection (2) of section
  180  316.545, Florida Statutes, is amended to read:
  181         316.545 Weight and load unlawful; special fuel and motor
  182  fuel tax enforcement; inspection; penalty; review.—
  183         (2)
  184         (b) The officer or inspector shall inspect the license
  185  plate or registration certificate of the commercial vehicle to
  186  determine whether its gross weight is in compliance with the
  187  declared gross vehicle weight. If its gross weight exceeds the
  188  declared weight, the penalty shall be 5 cents per pound on the
  189  difference between such weights. In those cases when the
  190  commercial vehicle is being operated over the highways of the
  191  state with an expired registration or with no registration from
  192  this or any other jurisdiction or is not registered under the
  193  applicable provisions of chapter 320, the penalty herein shall
  194  apply on the basis of 5 cents per pound on that scaled weight
  195  which exceeds 35,000 pounds on laden truck tractor-semitrailer
  196  combinations or tandem trailer truck combinations, 10,000 pounds
  197  on laden straight trucks or straight truck-trailer combinations,
  198  or 10,000 pounds on any unladen commercial motor vehicle. A
  199  driver of a commercial motor vehicle entering the state at a
  200  designated port-of-entry location, as defined in s. 316.003
  201  316.003(54), or operating on designated routes to a port-of
  202  entry location, who obtains a temporary registration permit
  203  shall be assessed a penalty limited to the difference between
  204  its gross weight and the declared gross vehicle weight at 5
  205  cents per pound. If the license plate or registration has not
  206  been expired for more than 90 days, the penalty imposed under
  207  this paragraph may not exceed $1,000. In the case of special
  208  mobile equipment, which qualifies for the license tax provided
  209  for in s. 320.08(5)(b), being operated on the highways of the
  210  state with an expired registration or otherwise not properly
  211  registered under the applicable provisions of chapter 320, a
  212  penalty of $75 shall apply in addition to any other penalty
  213  which may apply in accordance with this chapter. A vehicle found
  214  in violation of this section may be detained until the owner or
  215  operator produces evidence that the vehicle has been properly
  216  registered. Any costs incurred by the retention of the vehicle
  217  shall be the sole responsibility of the owner. A person who has
  218  been assessed a penalty pursuant to this paragraph for failure
  219  to have a valid vehicle registration certificate pursuant to the
  220  provisions of chapter 320 is not subject to the delinquent fee
  221  authorized in s. 320.07 if such person obtains a valid
  222  registration certificate within 10 working days after such
  223  penalty was assessed.
  224         Section 10. Paragraph (a) of subsection (2) of section
  225  316.613, Florida Statutes, is amended to read:
  226         316.613 Child restraint requirements.—
  227         (2) As used in this section, the term “motor vehicle” means
  228  a motor vehicle as defined in s. 316.003 that is operated on the
  229  roadways, streets, and highways of the state. The term does not
  230  include:
  231         (a) A school bus as defined in s. 316.003 316.003(68).
  232         Section 11. Subsection (1) of section 655.960, Florida
  233  Statutes, is amended to read:
  234         655.960 Definitions; ss. 655.960-655.965.—As used in this
  235  section and ss. 655.961-655.965, unless the context otherwise
  236  requires:
  237         (1) “Access area” means any paved walkway or sidewalk which
  238  is within 50 feet of any automated teller machine. The term does
  239  not include any street or highway open to the use of the public,
  240  as defined in s. 316.003(79)(a) or (b) 316.003(77)(a) or (b),
  241  including any adjacent sidewalk, as defined in s. 316.003.
  242         Section 12. Section 316.85, Florida Statutes, is amended to
  243  read:
  244         316.85 Autonomous vehicles; operation; compliance with
  245  traffic and motor vehicle laws.—
  246         (1) A person who possesses a valid driver license may
  247  operate an autonomous vehicle, or may engage autonomous
  248  technology to operate an autonomous vehicle, in autonomous mode
  249  on roads in this state if the vehicle is equipped with
  250  autonomous technology, as defined in s. 316.003.
  251         (2) For purposes of this chapter, unless the context
  252  otherwise requires, a person shall be deemed to be the operator
  253  of an autonomous vehicle operating in autonomous mode when the
  254  person causes the vehicle’s autonomous technology to engage,
  255  regardless of whether the person is physically present in the
  256  vehicle while the vehicle is operating in autonomous mode.
  257         (a) A traffic or motor vehicle law of this state does not
  258  prohibit autonomous technology from being deemed the operator of
  259  an autonomous vehicle operating in autonomous mode and does not
  260  require a licensed human operator to operate an autonomous
  261  vehicle when in autonomous mode, except as provided in s.
  262  319.145(1).
  263         (b) The requirements of chapter 322 do not apply if an
  264  autonomous vehicle is operated in autonomous mode without a
  265  human operator physically present in the vehicle.
  266         (c) Sections 316.062, 316.063, and 316.065 do not apply to
  267  an autonomous vehicle operating in autonomous mode in the event
  268  of a crash involving the vehicle if the vehicle owner, or a
  269  person on behalf of the vehicle owner, promptly contacts a law
  270  enforcement agency to report the crash or if the autonomous
  271  vehicle has the capability of alerting a law enforcement agency
  272  to the crash.
  273         (d) Section 316.1975 does not apply to an autonomous
  274  vehicle operating in autonomous mode.
  275         (e) Sections 316.613 and 316.614 apply only to a human
  276  person physically present in a motor vehicle.
  277         Section 13. Subsection (1) of section 319.145, Florida
  278  Statutes, is amended to read:
  279         319.145 Autonomous vehicles.—
  280         (1) An autonomous vehicle registered in this state must
  281  continue to meet applicable federal standards and regulations
  282  for such motor vehicle. Regardless of whether a human operator
  283  is physically present in the vehicle, the vehicle must:
  284         (a) Have a system to safely alert a human the operator
  285  physically present in the vehicle if an autonomous technology
  286  failure is detected while the autonomous technology is engaged.
  287  When an alert is given, the system must:
  288         1. If a human operator is physically present in the
  289  vehicle, require the human operator to take control of the
  290  autonomous vehicle; or
  291         2. If a human the operator does not, or is not able to,
  292  take control of the autonomous vehicle or if a human operator is
  293  not physically present in the vehicle, be capable of bringing
  294  the vehicle to a complete stop.
  295         (b) Have a means, inside the vehicle, to visually indicate
  296  when the vehicle is operating in autonomous mode.
  297         (c) Be capable of being operated in compliance with the
  298  applicable traffic and motor vehicle laws of this state.
  299         Section 14. This act shall take effect July 1, 2017.
  300  
  301  ================= T I T L E  A M E N D M E N T ================
  302  And the title is amended as follows:
  303         Delete everything before the enacting clause
  304  and insert:
  305                        A bill to be entitled                      
  306         An act relating to autonomous technology; amending s.
  307         316.003, F.S.; revising and providing definitions;
  308         amending s. 316.008, F.S.; authorizing operation of
  309         personal delivery devices within a county or
  310         municipality under certain circumstances; providing
  311         construction; providing exceptions; creating s.
  312         316.2071, F.S.; providing requirements for the
  313         operation of such devices; amending ss. 320.01,
  314         324.021, and 324.022, F.S.; excluding such devices
  315         from the definition of the term “motor vehicle”;
  316         amending s. 320.02, F.S.; exempting such devices from
  317         certain registration and insurance requirements;
  318         amending ss. 316.2128, 316.545, 316.613, and 655.960,
  319         F.S.; conforming cross-references; amending s. 316.85,
  320         F.S.; authorizing a person to engage autonomous
  321         technology to operate an autonomous vehicle in
  322         autonomous mode; providing construction and
  323         applicability with respect to specific statutory
  324         provisions; amending s. 319.145, F.S.; conforming
  325         provisions to changes made by the act; providing an
  326         effective date.