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)
    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 with the provisions of chapter 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 to members
   48  of the 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 may shall not
   59  have a vote or and shall not be 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-wheeled electric
  148  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.
  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