Florida Senate - 2016                                    SB 1392
       By Senator Brandes
       22-00930C-16                                          20161392__
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s.
    3         316.003, F.S.; defining and revising the definitions
    4         of terms; amending s. 316.0745, F.S.; revising the
    5         circumstances under which the Department of
    6         Transportation is authorized to direct the removal of
    7         certain traffic control devices; requiring the public
    8         agency erecting or installing such a device to bring
    9         it into compliance with certain requirements or remove
   10         it upon the direction of the department; amending s.
   11         316.0895, F.S.; providing that provisions prohibiting
   12         a driver from following certain vehicles within a
   13         specified distance do not apply to truck tractor
   14         semitrailer combinations under certain circumstances;
   15         amending s. 316.303, F.S.; providing exceptions to the
   16         prohibition against certain television-type receiving
   17         equipment in vehicles; amending s. 316.85, F.S.;
   18         revising the circumstances under which a licensed
   19         driver is authorized to operate an autonomous vehicle
   20         in autonomous mode; providing applicability; amending
   21         s. 316.86, F.S.; deleting a provision authorizing the
   22         operation of vehicles equipped with autonomous
   23         technology on roads in this state for testing purposes
   24         by certain persons or research organizations; deleting
   25         a requirement that a human operator be present in an
   26         autonomous vehicle for testing purposes; deleting
   27         certain financial responsibility requirements for
   28         entities performing such testing; amending s. 319.145,
   29         F.S.; revising provisions relating to required
   30         equipment and operation of autonomous vehicles;
   31         amending s. 338.165, F.S.; authorizing the Department
   32         of Transportation’s Pinellas Bayway System to be
   33         transferred by the department and become part of the
   34         turnpike system under the Florida Turnpike Enterprise
   35         Law; providing applicability; amending s. 338.231,
   36         F.S.; increasing the number of years before an
   37         inactive prepaid toll account shall be presumed
   38         unclaimed; deleting provisions relating to the use of
   39         revenues from the turnpike system to pay the principal
   40         and interest of a specified series of bonds and
   41         certain expenses of the Sawgrass Expressway; amending
   42         s. 339.175, F.S.; requiring certain long-range
   43         transportation plans to include assessment of capital
   44         investment and other measures necessary to make the
   45         most efficient use of existing transportation
   46         facilities to improve safety; requiring the
   47         assessments to include consideration of infrastructure
   48         and technological improvements necessary to
   49         accommodate advances in vehicle technology; amending
   50         s. 339.64, F.S.; requiring the Department of
   51         Transportation to coordinate with certain partners and
   52         industry representatives to consider infrastructure
   53         and technological improvements necessary to
   54         accommodate advances in vehicle technology in
   55         Strategic Intermodal System facilities; requiring the
   56         Strategic Intermodal System Plan to include a needs
   57         assessment regarding such infrastructure and
   58         technological improvements; repealing s. 341.0532,
   59         F.S., relating to statewide transportation corridors;
   60         providing an effective date.
   62  Be It Enacted by the Legislature of the State of Florida:
   64         Section 1. Present subsections (90) through (93) of section
   65  316.003, Florida Statutes, are redesignated as subsections (91),
   66  (93), (94), and (95), respectively, present subsection (90) of
   67  that section is amended, and new subsections (90) and (92) are
   68  added to that section, to read:
   69         316.003 Definitions.—The following words and phrases, when
   70  used in this chapter, shall have the meanings respectively
   71  ascribed to them in this section, except where the context
   72  otherwise requires:
   73         (90) AUTONOMOUS TECHNOLOGY.—Technology installed on a motor
   74  vehicle which has the capability to drive the vehicle on which
   75  the technology is installed without the active control of or
   76  monitoring by a human operator.
   77         (91)(90) AUTONOMOUS VEHICLE.—Any vehicle equipped with
   78  autonomous technology. The term “autonomous technology” means
   79  technology installed on a motor vehicle that has the capability
   80  to drive the vehicle on which the technology is installed
   81  without the active control or monitoring by a human operator.
   82  The term excludes a motor vehicle enabled with active safety
   83  systems or driver assistance systems, including, without
   84  limitation, a system to provide electronic blind spot
   85  assistance, crash avoidance, emergency braking, parking
   86  assistance, adaptive cruise control, lane keep assistance, lane
   87  departure warning, or traffic jam and queuing assistant, unless
   88  any such system alone or in combination with other systems
   89  enables the vehicle on which the technology is installed to
   90  drive without the active control or monitoring by a human
   91  operator.
   93  automation technology that integrates a sensor array, wireless
   94  communications, vehicle controls, and specialized software to
   95  synchronize the acceleration and braking between no more than
   96  two truck tractor-semitrailer combinations, while leaving each
   97  vehicle’s steering control and systems command in the control of
   98  the vehicle’s driver.
   99         Section 2. Subsection (7) of section 316.0745, Florida
  100  Statutes, is amended to read:
  101         316.0745 Uniform signals and devices.—
  102         (7) The Department of Transportation may, upon receipt and
  103  investigation of reported noncompliance and is authorized, after
  104  hearing pursuant to 14 days’ notice, to direct the removal of
  105  any purported traffic control device that fails to meet the
  106  requirements of this section, wherever the device is located and
  107  without regard to assigned responsibility under s. 316.1895
  108  which fails to meet the requirements of this section. The public
  109  agency erecting or installing the same shall immediately bring
  110  it into compliance with the requirements of this section or
  111  remove said device or signal upon the direction of the
  112  Department of Transportation and may not, for a period of 5
  113  years, install any replacement or new traffic control devices
  114  paid for in part or in full with revenues raised by the state
  115  unless written prior approval is received from the Department of
  116  Transportation. Any additional violation by a public body or
  117  official shall be cause for the withholding of state funds for
  118  traffic control purposes until such public body or official
  119  demonstrates to the Department of Transportation that it is
  120  complying with this section.
  121         Section 3. Subsection (2) of section 316.0895, Florida
  122  Statutes, is amended to read:
  123         316.0895 Following too closely.—
  124         (2) It is unlawful for the driver of any motor truck, motor
  125  truck drawing another vehicle, or vehicle towing another vehicle
  126  or trailer, when traveling upon a roadway outside of a business
  127  or residence district, to follow within 300 feet of another
  128  motor truck, motor truck drawing another vehicle, or vehicle
  129  towing another vehicle or trailer. The provisions of This
  130  subsection may shall not be construed to prevent overtaking and
  131  passing, nor does it nor shall the same apply upon any lane
  132  specially designated for use by motor trucks or other slow
  133  moving vehicles. This subsection does not apply to two truck
  134  tractor-semitrailer combinations equipped and connected with
  135  driver-assistive truck platooning technology, as defined in s.
  136  316.003, and operating on a multilane limited access facility,
  137  if:
  138         (a) The owner or operator first submits to the department
  139  an instrument of insurance, a surety bond, or proof of self
  140  insurance acceptable to the department in the amount of $1
  141  million;
  142         (b) The vehicles are equipped with an external indication,
  143  visible to surrounding motorists, that the vehicles are engaged
  144  in truck platooning; and
  145         (c) The vehicles are not required to be placarded pursuant
  146  to 49 C.F.R. parts 171-179.
  147         Section 4. Subsections (1) and (3) of section 316.303,
  148  Florida Statutes, are amended to read:
  149         316.303 Television receivers.—
  150         (1) A No motor vehicle may not be operated on the highways
  151  of this state if the vehicle is shall be equipped with
  152  television-type receiving equipment so located that the viewer
  153  or screen is visible from the driver’s seat, unless the vehicle
  154  is equipped with autonomous technology, as defined in s.
  155  316.003, and is being operated in autonomous mode, as provided
  156  in s. 316.85(2).
  157         (3) This section does not prohibit the use of an electronic
  158  display used in conjunction with a vehicle navigation system; an
  159  electronic display used by an operator of a vehicle equipped
  160  with autonomous technology, as defined in s. 316.003; or an
  161  electronic display used by an operator of a vehicle equipped and
  162  operating with driver-assistive truck platooning technology, as
  163  defined in s. 316.003.
  164         Section 5. Section 316.85, Florida Statutes, is amended to
  165  read:
  166         316.85 Autonomous vehicles; operation; preemption.—
  167         (1) A person who possesses a valid driver license may
  168  operate an autonomous vehicle in autonomous mode on roads in
  169  this state if the vehicle is equipped with autonomous
  170  technology, as defined in s. 316.003.
  171         (2) For purposes of this chapter, unless the context
  172  otherwise requires, a person shall be deemed to be the operator
  173  of an autonomous vehicle operating in autonomous mode when the
  174  person causes the vehicle’s autonomous technology to engage,
  175  regardless of whether the person is physically present in the
  176  vehicle while the vehicle is operating in autonomous mode.
  177         (3) All matters relating to the regulation and operation of
  178  autonomous vehicles on the public roads in this state are
  179  preempted to the state, except as otherwise specifically
  180  authorized by state or federal law.
  181         Section 6. Section 316.86, Florida Statutes, is amended to
  182  read:
  183         316.86 Operation of vehicles equipped with autonomous
  184  technology on roads for testing purposes; financial
  185  responsibility; Exemption from liability for manufacturer when
  186  third party converts vehicle.—
  187         (1) Vehicles equipped with autonomous technology may be
  188  operated on roads in this state by employees, contractors, or
  189  other persons designated by manufacturers of autonomous
  190  technology, or by research organizations associated with
  191  accredited educational institutions, for the purpose of testing
  192  the technology. For testing purposes, a human operator shall be
  193  present in the autonomous vehicle such that he or she has the
  194  ability to monitor the vehicle’s performance and intervene, if
  195  necessary, unless the vehicle is being tested or demonstrated on
  196  a closed course. Before the start of testing in this state, the
  197  entity performing the testing must submit to the department an
  198  instrument of insurance, surety bond, or proof of self-insurance
  199  acceptable to the department in the amount of $5 million.
  200         (2) The original manufacturer of a vehicle converted by a
  201  third party into an autonomous vehicle is shall not be liable
  202  in, and shall have a defense to and be dismissed from, any legal
  203  action brought against the original manufacturer by any person
  204  injured due to an alleged vehicle defect caused by the
  205  conversion of the vehicle, or by equipment installed by the
  206  converter, unless the alleged defect was present in the vehicle
  207  as originally manufactured.
  208         Section 7. Subsection (1) of section 319.145, Florida
  209  Statutes, is amended to read:
  210         319.145 Autonomous vehicles.—
  211         (1) An autonomous vehicle registered in this state must
  212  continue to meet applicable federal standards and regulations
  213  for such a motor vehicle. The vehicle shall:
  214         (a) Have a means to engage and disengage the autonomous
  215  technology which is easily accessible to the operator or
  216  passenger.
  217         (b) Have a means, inside the vehicle, to visually indicate
  218  when the vehicle is operating in autonomous mode.
  219         (c) Have a means to alert the operator of or passenger in
  220  the vehicle if a technology failure affecting the ability of the
  221  vehicle to safely operate autonomously is detected while the
  222  vehicle is operating autonomously in order to indicate to the
  223  operator or passenger that he or she should to take control of
  224  the vehicle.
  225         (d) Be capable of being operated in compliance with the
  226  applicable traffic and motor vehicle laws of this state.
  227         Section 8. Subsection (11) is added to section 338.165,
  228  Florida Statutes, to read:
  229         338.165 Continuation of tolls.—
  230         (11) The department’s Pinellas Bayway System may be
  231  transferred by the department and become part of the turnpike
  232  system under the Florida Turnpike Enterprise Law. The transfer
  233  may not affect the rights of the parties, or their successors in
  234  interest, under the settlement agreement and final judgment in
  235  Leonard Lee Ratner, Esther Ratner, and Leeco Gas and Oil Co. v.
  236  State Road Department of the State of Florida, No. 67-1081 (Fla.
  237  2nd Cir. Ct. 1968).
  238         Section 9. Paragraph (c) of subsection (3) and subsections
  239  (5) and (6) of section 338.231, Florida Statutes, are amended to
  240  read:
  241         338.231 Turnpike tolls, fixing; pledge of tolls and other
  242  revenues.—The department shall at all times fix, adjust, charge,
  243  and collect such tolls and amounts for the use of the turnpike
  244  system as are required in order to provide a fund sufficient
  245  with other revenues of the turnpike system to pay the cost of
  246  maintaining, improving, repairing, and operating such turnpike
  247  system; to pay the principal of and interest on all bonds issued
  248  to finance or refinance any portion of the turnpike system as
  249  the same become due and payable; and to create reserves for all
  250  such purposes.
  251         (3)
  252         (c) Notwithstanding any other provision of law to the
  253  contrary, any prepaid toll account of any kind which has
  254  remained inactive for 10 3 years shall be presumed unclaimed and
  255  its disposition shall be handled by the Department of Financial
  256  Services in accordance with all applicable provisions of chapter
  257  717 relating to the disposition of unclaimed property, and the
  258  prepaid toll account shall be closed by the department.
  259         (5) In each fiscal year while any of the bonds of the
  260  Broward County Expressway Authority series 1984 and series 1986
  261  A remain outstanding, the department is authorized to pledge
  262  revenues from the turnpike system to the payment of principal
  263  and interest of such series of bonds and the operation and
  264  maintenance expenses of the Sawgrass Expressway, to the extent
  265  gross toll revenues of the Sawgrass Expressway are insufficient
  266  to make such payments. The terms of an agreement relative to the
  267  pledge of turnpike system revenue will be negotiated with the
  268  parties of the 1984 and 1986 Broward County Expressway Authority
  269  lease-purchase agreements, and subject to the covenants of those
  270  agreements. The agreement must establish that the Sawgrass
  271  Expressway is subject to the planning, management, and operating
  272  control of the department limited only by the terms of the
  273  lease-purchase agreements. The department shall provide for the
  274  payment of operation and maintenance expenses of the Sawgrass
  275  Expressway until such agreement is in effect. This pledge of
  276  turnpike system revenues is subordinate to the debt service
  277  requirements of any future issue of turnpike bonds, the payment
  278  of turnpike system operation and maintenance expenses, and
  279  subject to any subsequent resolution or trust indenture relating
  280  to the issuance of such turnpike bonds.
  281         (5)(6) The use and disposition of revenues pledged to bonds
  282  are subject to ss. 338.22-338.241 and such regulations as the
  283  resolution authorizing the issuance of the bonds or such trust
  284  agreement may provide.
  285         Section 10. Paragraph (c) of subsection (7) of section
  286  339.175, Florida Statutes, is amended to read:
  287         339.175 Metropolitan planning organization.—
  288         (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
  289  develop a long-range transportation plan that addresses at least
  290  a 20-year planning horizon. The plan must include both long
  291  range and short-range strategies and must comply with all other
  292  state and federal requirements. The prevailing principles to be
  293  considered in the long-range transportation plan are: preserving
  294  the existing transportation infrastructure; enhancing Florida’s
  295  economic competitiveness; and improving travel choices to ensure
  296  mobility. The long-range transportation plan must be consistent,
  297  to the maximum extent feasible, with future land use elements
  298  and the goals, objectives, and policies of the approved local
  299  government comprehensive plans of the units of local government
  300  located within the jurisdiction of the M.P.O. Each M.P.O. is
  301  encouraged to consider strategies that integrate transportation
  302  and land use planning to provide for sustainable development and
  303  reduce greenhouse gas emissions. The approved long-range
  304  transportation plan must be considered by local governments in
  305  the development of the transportation elements in local
  306  government comprehensive plans and any amendments thereto. The
  307  long-range transportation plan must, at a minimum:
  308         (c) Assess capital investment and other measures necessary
  309  to:
  310         1. Ensure the preservation of the existing metropolitan
  311  transportation system including requirements for the operation,
  312  resurfacing, restoration, and rehabilitation of major roadways
  313  and requirements for the operation, maintenance, modernization,
  314  and rehabilitation of public transportation facilities; and
  315         2. Make the most efficient use of existing transportation
  316  facilities to relieve vehicular congestion, improve safety, and
  317  maximize the mobility of people and goods. Such efforts must
  318  include, but are not limited to, consideration of infrastructure
  319  and technological improvements necessary to accommodate advances
  320  in vehicle technology, such as autonomous technology and other
  321  developments.
  323  In the development of its long-range transportation plan, each
  324  M.P.O. must provide the public, affected public agencies,
  325  representatives of transportation agency employees, freight
  326  shippers, providers of freight transportation services, private
  327  providers of transportation, representatives of users of public
  328  transit, and other interested parties with a reasonable
  329  opportunity to comment on the long-range transportation plan.
  330  The long-range transportation plan must be approved by the
  331  M.P.O.
  332         Section 11. Paragraph (c) is added to subsection (3) of
  333  section 339.64, Florida Statutes, and paragraph (a) of
  334  subsection (4) of that section is amended, to read:
  335         339.64 Strategic Intermodal System Plan.—
  336         (3)
  337         (c) The department shall coordinate with federal, regional,
  338  and local partners, as well as industry representatives, to
  339  consider infrastructure and technological improvements necessary
  340  to accommodate advances in vehicle technology, such as
  341  autonomous technology and other developments, in Strategic
  342  Intermodal System facilities.
  343         (4) The Strategic Intermodal System Plan shall include the
  344  following:
  345         (a) A needs assessment that must include, but is not
  346  limited to, consideration of infrastructure and technological
  347  improvements necessary to accommodate advances in vehicle
  348  technology, such as autonomous technology and other
  349  developments.
  350         Section 12. Section 341.0532, Florida Statutes, is
  351  repealed.
  352         Section 13. This act shall take effect July 1, 2016.