Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. HB 7027
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 2/AD/2R         .         Floor: SENAT/C         
             03/04/2016 12:36 PM       .      03/11/2016 05:16 PM       

       Senator Brandes moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 105 - 161
    4  and insert:
    5         Section 3. Subsections (94) and (95) are added to section
    6  316.003, Florida Statutes, to read:
    7         316.003 Definitions.—The following words and phrases, when
    8  used in this chapter, shall have the meanings respectively
    9  ascribed to them in this section, except where the context
   10  otherwise requires:
   12  automation and safety technology that integrates sensor array,
   13  wireless vehicle-to-vehicle communications, active safety
   14  systems, and specialized software to link safety systems and
   15  synchronize acceleration and braking between two vehicles while
   16  leaving each vehicle’s steering control and systems command in
   17  the control of the vehicle’s driver in compliance with the
   18  National Highway Traffic Safety Administration rules regarding
   19  vehicle-to-vehicle communications.
   20         (95) PORT OF ENTRY.—A designated location that allows
   21  drivers of commercial motor vehicles to purchase temporary
   22  registration permits necessary to operate legally within the
   23  state. The locations and the designated routes to such locations
   24  shall be determined by the Department of Transportation.
   25         Section 4. The Department of Transportation, in
   26  consultation with the Department of Highway Safety and Motor
   27  Vehicles, shall study the use and safe operation of driver
   28  assistive truck platooning technology, as defined in s. 316.003,
   29  Florida Statutes, for the purpose of developing a pilot project
   30  to test vehicles that are equipped to operate using driver
   31  assistive truck platooning technology.
   32         (1)Upon conclusion of the study, the Department of
   33  Transportation, in consultation with the Department of Highway
   34  Safety and Motor Vehicles, may conduct a pilot project to test
   35  the use and safe operation of vehicles equipped with driver
   36  assistive truck platooning technology.
   37         (2)Notwithstanding ss. 316.0895 and 316.303, Florida
   38  Statutes, the Department of Transportation may conduct the pilot
   39  project in such a manner and at such locations as determined by
   40  the Department of Transportation based on the study.
   41         (3)Before the start of the pilot project, manufacturers of
   42  driver–assistive truck platooning technology being tested in the
   43  pilot project must submit to the Department of Highway Safety
   44  and Motor Vehicles an instrument of insurance, surety bond, or
   45  proof of self-insurance acceptable to the department in the
   46  amount of $5 million.
   47         (4)Upon conclusion of the pilot project, the Department of
   48  Transportation, in consultation with the Department of Highway
   49  Safety and Motor Vehicles, shall submit the results of the study
   50  and any findings or recommendations from the pilot project to
   51  the Governor, the President of the Senate, and the Speaker of
   52  the House of Representatives.
   53         Section 5. Subsections (1) and (3) of section 316.303,
   54  Florida Statutes, are amended to read:
   55         316.303 Television receivers.—
   56         (1) No motor vehicle may be operated on the highways of
   57  this state if the vehicle is actively displaying moving
   58  television broadcast or pre-recorded video entertainment content
   59  that is shall be equipped with television-type receiving
   60  equipment so located that the viewer or screen is visible from
   61  the driver’s seat while the vehicle is in motion, unless the
   62  vehicle is equipped with autonomous technology, as defined in s.
   63  316.003(90), and is being operated in autonomous mode, as
   64  provided in s. 316.85(2).
   65         (3) This section does not prohibit the use of an electronic
   66  display used in conjunction with a vehicle navigation system; an
   67  electronic display used by an operator of a vehicle equipped
   68  with autonomous technology, as defined in s. 316.003; or an
   69  electronic display used by an operator of a vehicle equipped and
   70  operating with driver-assistive truck platooning technology, as
   71  defined in s. 316.003.
   72         Section 6. Paragraph (b) of subsection (2) of section
   73  316.545, Florida Statutes, is amended to read:
   74         316.545 Weight and load unlawful; special fuel and motor
   75  fuel tax enforcement; inspection; penalty; review.—
   76         (2)
   77         (b) The officer or inspector shall inspect the license
   78  plate or registration certificate of the commercial vehicle, as
   79  defined in s. 316.003(66), to determine if its gross weight is
   80  in compliance with the declared gross vehicle weight. If its
   81  gross weight exceeds the declared weight, the penalty shall be 5
   82  cents per pound on the difference between such weights. In those
   83  cases when the commercial vehicle, as defined in s. 316.003(66),
   84  is being operated over the highways of the state with an expired
   85  registration or with no registration from this or any other
   86  jurisdiction or is not registered under the applicable
   87  provisions of chapter 320, the penalty herein shall apply on the
   88  basis of 5 cents per pound on that scaled weight which exceeds
   89  35,000 pounds on laden truck tractor-semitrailer combinations or
   90  tandem trailer truck combinations, 10,000 pounds on laden
   91  straight trucks or straight truck-trailer combinations, or
   92  10,000 pounds on any unladen commercial motor vehicle. A driver
   93  of a commercial motor vehicle entering the state at a designated
   94  port-of-entry location, as defined in s. 316.003(94), or
   95  operating on designated routes to a port-of-entry location, who
   96  obtains a temporary registration permit shall be assessed a
   97  penalty limited to the difference between its gross weight and
   98  the declared gross vehicle weight at 5 cents per pound. If the
   99  license plate or registration has not been expired for more than
  100  90 days, the penalty imposed under this paragraph may not exceed
  101  $1,000. In the case of special mobile equipment as defined in s.
  102  316.003(48), which qualifies for the license tax provided for in
  103  s. 320.08(5)(b), being operated on the highways of the state
  104  with an expired registration or otherwise not properly
  105  registered under the applicable provisions of chapter 320, a
  106  penalty of $75 shall apply in addition to any other penalty
  107  which may apply in accordance with this chapter. A vehicle found
  108  in violation of this section may be detained until the owner or
  109  operator produces evidence that the vehicle has been properly
  110  registered. Any costs incurred by the retention of the vehicle
  111  shall be the sole responsibility of the owner. A person who has
  112  been assessed a penalty pursuant to this paragraph for failure
  113  to have a valid vehicle registration certificate pursuant to the
  114  provisions of chapter 320 is not subject to the delinquent fee
  115  authorized in s. 320.07 if such person obtains a valid
  116  registration certificate within 10 working days after such
  117  penalty was assessed.
  118         Section 7. Subsection (1) of section 316.85, Florida
  119  Statutes, is amended to read:
  120         316.85 Autonomous vehicles; operation.—
  121         (1) A person who possesses a valid driver license may
  122  operate an autonomous vehicle in autonomous mode on roads in
  123  this state if the vehicle is equipped with autonomous
  124  technology, as defined in s. 316.003.
  125         Section 8. Section 316.86, Florida Statutes, is amended to
  126  read:
  127         316.86 Operation of vehicles equipped with autonomous
  128  technology on roads for testing purposes; financial
  129  responsibility; Exemption from liability for manufacturer when
  130  third party converts vehicle.—
  131         (1) Vehicles equipped with autonomous technology may be
  132  operated on roads in this state by employees, contractors, or
  133  other persons designated by manufacturers of autonomous
  134  technology, or by research organizations associated with
  135  accredited educational institutions, for the purpose of testing
  136  the technology. For testing purposes, a human operator shall be
  137  present in the autonomous vehicle such that he or she has the
  138  ability to monitor the vehicle’s performance and intervene, if
  139  necessary, unless the vehicle is being tested or demonstrated on
  140  a closed course. Before the start of testing in this state, the
  141  entity performing the testing must submit to the department an
  142  instrument of insurance, surety bond, or proof of self-insurance
  143  acceptable to the department in the amount of $5 million.
  144         (2) The original manufacturer of a vehicle converted by a
  145  third party into an autonomous vehicle is shall not be liable
  146  in, and shall have a defense to and be dismissed from, any legal
  147  action brought against the original manufacturer by any person
  148  injured due to an alleged vehicle defect caused by the
  149  conversion of the vehicle, or by equipment installed by the
  150  converter, unless the alleged defect was present in the vehicle
  151  as originally manufactured.
  152         Section 9. Subsection (1) of section 319.145, Florida
  153  Statutes, is amended to read:
  154         319.145 Autonomous vehicles.—
  155         (1) An autonomous vehicle registered in this state must
  156  continue to meet applicable federal standards and regulations
  157  for such a motor vehicle. The vehicle must shall:
  158         (a) Have a system to safely alert the operator if an
  159  autonomous technology failure is detected while the autonomous
  160  technology is engaged. When an alert is given, the system must:
  161         1. Require the operator to take control of the autonomous
  162  vehicle; or
  163         2. If the operator does not, or is not able to, take
  164  control of the autonomous vehicle, be capable of bringing the
  165  vehicle to a complete stop Have a means to engage and disengage
  166  the autonomous technology which is easily accessible to the
  167  operator.
  168         (b) Have a means, inside the vehicle, to visually indicate
  169  when the vehicle is operating in autonomous mode.
  170         (c) Have a means to alert the operator of the vehicle if a
  171  technology failure affecting the ability of the vehicle to
  172  safely operate autonomously is detected while the vehicle is
  173  operating autonomously in order to indicate to the operator to
  174  take control of the vehicle.
  175         (c)(d) Be capable of being operated in compliance with the
  176  applicable traffic and motor vehicle laws of this state.
  179  ================= T I T L E  A M E N D M E N T ================
  180  And the title is amended as follows:
  181         Delete lines 6 - 11
  182  and insert:
  183         Economic Development Program; amending s. 316.003,
  184         F.S.; defining the terms “driver-assistive truck
  185         platooning technology” and “port of entry”; directing
  186         the Department of Transportation to study the
  187         operation of driver-assistive truck platooning
  188         technology; authorizing the department to conduct a
  189         pilot project to test such operation; providing
  190         security requirements; requiring a report to the
  191         Governor and Legislature; amending s. 316.303, F.S.;
  192         revising the prohibition from operating, under certain
  193         circumstances, a motor vehicle that is equipped with
  194         television-type receiving equipment; providing
  195         exceptions to the prohibition against displaying
  196         moving television broadcast or pre-recorded video
  197         entertainment content in vehicles; amending s.
  198         316.545, F.S.; providing a specified penalty for
  199         drivers of commercial motor vehicles who obtain
  200         temporary registration permits entering the state at,
  201         or operating on designated routes to, a port-of-entry
  202         location; amending s. 316.85, F.S.; revising the
  203         circumstances under which a licensed driver is
  204         authorized to operate an autonomous vehicle in
  205         autonomous mode; amending s. 316.86, F.S.; deleting a
  206         provision authorizing the operation of vehicles
  207         equipped with autonomous technology on roads in this
  208         state for testing purposes by certain persons or
  209         research organizations; deleting a requirement that a
  210         human operator be present in an autonomous vehicle for
  211         testing purposes; deleting certain financial
  212         responsibility requirements for entities performing
  213         such testing; amending s. 319.145, F.S.; revising
  214         provisions relating to required equipment and
  215         operation of autonomous vehicles; amending s. 334.044,