Florida Senate - 2012 SENATOR AMENDMENT Bill No. CS/CS/CS/HB 599, 1st Eng. Barcode 498692 LEGISLATIVE ACTION Senate . House . . . Floor: WD . 03/09/2012 04:40 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Dean moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 41 and 42 4 insert: 5 Section 1. Paragraph (a) of subsection (5) of section 6 20.23, Florida Statutes, is amended to read: 7 20.23 Department of Transportation.—There is created a 8 Department of Transportation which shall be a decentralized 9 agency. 10 (5)(a) The operations of the department shall be organized 11 into seven districts, each headed by a district secretary, and a 12 turnpike enterprise and a rail enterprise, each enterprise 13 headed by an executive director. The district secretaries and 14 the executive directors shall be registered professional 15 engineers in accordance withtheprovisions ofchapter 471 or 16 the laws of another state, or, in lieu of professional engineer 17 registration, a district secretary or executive director may 18 hold an advanced degree in an appropriate related discipline, 19 such as a Master of Business Administration. The headquarters of 20 the districts shall be located in Polk, Columbia, Washington, 21 Broward, Volusia, Miami-Dade, and Hillsborough Counties. The 22 headquarters of the turnpike enterprise shall be located in 23 Orange County. The headquarters of the rail enterprise shall be 24 located in Leon County. In order to provide for efficient 25 operations and to expedite the decisionmaking process, the 26 department shall provide for maximum decentralization to the 27 districts. 28 Section 2. Paragraph (a) of subsection (4) of section 29 339.175, Florida Statutes, is amended to read: 30 (4) APPORTIONMENT.— 31 (a) The Governor shall, with the agreement of the affected 32 units of general-purpose local government as required by federal 33 rules and regulations, apportion the membership on the 34 applicable M.P.O. among the various governmental entities within 35 the area. At the request of a majority of the affected units of 36 general-purpose local government comprising an M.P.O., the 37 Governor and a majority of units of general-purpose local 38 government serving on an M.P.O. shall cooperatively agree upon 39 and prescribe who may serve as an alternate member and a method 40 for appointing alternate members who may vote at any M.P.O. 41 meeting that an alternate member attends in place of a regular 42 member. The method shall be set forth as a part of the 43 interlocal agreement describing the M.P.O.’s membership or in 44 the M.P.O.’s operating procedures and bylaws. The governmental 45 entity so designated shall appoint the appropriate number of 46 members to the M.P.O. from eligible officials. Representatives 47 of the department shall serve as nonvoting advisers tomembers48ofthe M.P.O. governing board. Additional nonvoting advisers may 49 be appointed by the M.P.O. as deemed necessary; however, to the 50 maximum extent feasible, each M.P.O. shall seek to appoint 51 nonvoting representatives of various multimodal forms of 52 transportation not otherwise represented by voting members of 53 the M.P.O. An M.P.O. shall appoint nonvoting advisers 54 representing major military installations located within the 55 jurisdictional boundaries of the M.P.O. upon the request of the 56 aforesaid major military installations and subject to the 57 agreement of the M.P.O. All nonvoting advisers may attend and 58 participate fully in governing board meetings but mayshallnot 59have avote orand shall notbe members of the governing board. 60 The Governor shall review the composition of the M.P.O. 61 membership in conjunction with the decennial census as prepared 62 by the United States Department of Commerce, Bureau of the 63 Census, and reapportion it as necessary to comply with 64 subsection (3). 65 Section 3. Subsection (89) is added to section 316.003, 66 Florida Statutes, to read: 67 316.003 Definitions.—The following words and phrases, when 68 used in this chapter, shall have the meanings respectively 69 ascribed to them in this section, except where the context 70 otherwise requires: 71 (89) AUTONOMOUS VEHICLE.—Any vehicle equipped with 72 autonomous technology. The term “autonomous technology” means 73 technology installed on a motor vehicle which has the capability 74 of driving the vehicle on which the technology is installed 75 without the active control of or monitoring by a human operator. 76 The term excludes a motor vehicle enabled with active safety 77 systems or driver assistance systems, including, without 78 limitation, a system to provide electronic blind spot 79 assistance, crash avoidance, emergency braking, parking 80 assistance, adaptive cruise control, a lane departure warning 81 system, or traffic jam and queuing assistant, unless such system 82 alone or in combination with other systems enables the vehicle 83 on which the technology is installed to drive without the active 84 control or monitoring by a human operator. 85 Section 4. Section 316.85, Florida Statutes, is created to 86 read: 87 316.85 Autonomous vehicles; operation.— 88 (1) A person who possesses a valid driver license may 89 operate an autonomous vehicle in autonomous mode. 90 (2) For purposes of this chapter, unless the context 91 otherwise requires, a person shall be deemed to be the operator 92 of an autonomous vehicle operating in autonomous mode if the 93 person causes the vehicle’s autonomous technology to engage, 94 regardless of whether the person is physically present in the 95 vehicle while the vehicle is operating in autonomous mode. 96 Section 5. Section 319.145, Florida Statutes, is created to 97 read: 98 319.145 Autonomous vehicles.— 99 (1) An autonomous vehicle registered in this state must 100 continue to meet federal standards and regulations for a motor 101 vehicle. The vehicle must: 102 (a) Have a means to engage and disengage the autonomous 103 technology which is easily accessible to the operator. 104 (b) Have a means, inside the vehicle, to visually indicate 105 when the vehicle is operating in autonomous mode. 106 (c) Have a means to alert the operator of the vehicle if a 107 technology failure affecting the ability of the vehicle to 108 safely operate autonomously is detected while the vehicle is 109 operating autonomously in order to advise the operator to take 110 control of the vehicle. 111 (d) Be capable of being operated in compliance with the 112 applicable traffic and motor vehicle laws of this state. 113 (2) Federal regulations promulgated by the National Highway 114 Traffic Safety Administration shall supersede this section if 115 they are found to be in conflict with this section. 116 Section 6. (1) Vehicles equipped with autonomous technology 117 may be operated on roads in this state by employees, 118 contractors, or other persons designated by manufacturers of 119 autonomous technology for the purpose of testing the technology. 120 For testing purposes, a human operator must be present in the 121 autonomous vehicle such that he or she has the ability to 122 monitor the vehicle’s performance and intervene, if necessary, 123 unless the vehicle is being tested or demonstrated on a closed 124 course. Before the start of testing in this state, the entity 125 performing the testing must submit to the Department of Highway 126 Safety and Motor Vehicles an instrument of insurance, surety 127 bond, or proof of self-insurance acceptable to the department in 128 the amount of $5 million. 129 (2) The original manufacturer of a vehicle converted by a 130 third party into an autonomous vehicle is not liable in, shall 131 have a defense to, and shall be dismissed from any legal action 132 brought against the original manufacturer by a person injured 133 due to an alleged vehicle defect caused by the conversion of the 134 vehicle, or by equipment installed by the converter, unless the 135 alleged defect was present in the vehicle as originally 136 manufactured. 137 (3) By February 12, 2014, the Department of Highway Safety 138 and Motor Vehicles shall submit a report to the President of the 139 Senate and the Speaker of the House of Representatives 140 recommending additional legislative or regulatory action that 141 may be required for the safe testing and operation of motor 142 vehicles equipped with autonomous technology. 143 Section 7. Subsection (42) of section 320.01, Florida 144 Statutes, is amended to read: 145 320.01 Definitions, general.—As used in the Florida 146 Statutes, except as otherwise provided, the term: 147 (42) “Low-speed vehicle” means any four-wheeledelectric148 vehicle whose top speed is greater than 20 miles per hour but 149 not greater than 25 miles per hour, including, but not limited 150 to, neighborhood electric vehicles. Low-speed vehicles must 151 comply with the safety standards in 49 C.F.R. s. 571.500 and s. 152 316.2122. 153 154 ================= T I T L E A M E N D M E N T ================ 155 And the title is amended as follows: 156 Delete line 3 157 and insert: 158 programs; amending s. 20.23, F.S., relating to the 159 Department of Transportation; requiring that district 160 secretaries and executive directors be professional 161 engineers from any state; amending s. 339.175, F.S.; 162 providing that representatives of the department shall 163 serve as nonvoting advisers to the metropolitan 164 planning organization governing board; authorizing the 165 appointment of additional nonvoting advisers; amending 166 s. 316.003, F.S.; defining the terms “autonomous 167 vehicle” and “autonomous technology” when used in 168 provisions for traffic control; creating s. 316.85, 169 F.S.; authorizing a person who possesses a valid 170 driver license to operate an autonomous vehicle; 171 specifying that the person who causes the vehicle’s 172 autonomous technology to engage is the operator; 173 creating s. 319.145, F.S.; requiring an autonomous 174 vehicle registered in this state to meet federal 175 standards and regulations for a motor vehicle; 176 specifying certain requirements for such vehicle; 177 providing for the application of certain federal 178 regulations; authorizing the operation of vehicles 179 equipped with autonomous technology by certain persons 180 for testing purposes under certain conditions; 181 requiring an instrument of insurance, surety bond, or 182 self-insurance prior to the testing of a vehicle; 183 limiting liability of the original manufacturer of a 184 vehicle converted to an autonomous vehicle; directing 185 the department to prepare a report on the safe testing 186 and operation of vehicles equipped with autonomous 187 technology and submit the report to the Legislature by 188 a certain date; amending s. 320.01, F.S.; revising the 189 definition of the term “low-speed vehicle” to include 190 vehicles that are not electric powered; amending s. 191 341.301, F.S.; revising the