Florida Senate - 2016 SENATOR AMENDMENT
Bill No. CS for CS for SB 756
Ì119542'Î119542
LEGISLATIVE ACTION
Senate . House
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Floor: WD/2R .
03/04/2016 12:09 PM .
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Senator Brandes moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 236 - 292
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:
11 (94) DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY.—Vehicle
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.
177
178 ================= T I T L E A M E N D M E N T ================
179 And the title is amended as follows:
180 Delete lines 11 - 16
181 and insert:
182 Program; amending s. 316.003, F.S.; defining the terms
183 “driver-assistive truck platooning technology” and
184 “port of entry”; directing the Department of
185 Transportation to study the operation of driver
186 assistive truck platooning technology; authorizing the
187 department to conduct a pilot project to test such
188 operation; providing security requirements; requiring
189 a report to the Governor and Legislature; amending s.
190 316.303, F.S.; revising the prohibition from
191 operating, under certain circumstances, a motor
192 vehicle that is equipped with television-type
193 receiving equipment; providing exceptions to the
194 prohibition against displaying moving television
195 broadcast or pre-recorded video entertainment content
196 in vehicles; amending s. 316.545, F.S.; providing a
197 specified penalty for drivers of commercial motor
198 vehicles who obtain temporary registration permits
199 entering the state at, or operating on designated
200 routes to, a port-of-entry location; amending s.
201 316.85, F.S.; revising the circumstances under which a
202 licensed driver is authorized to operate an autonomous
203 vehicle in autonomous mode; amending s. 316.86, F.S.;
204 deleting a provision authorizing the operation of
205 vehicles equipped with autonomous technology on roads
206 in this state for testing purposes by certain persons
207 or research organizations; deleting a requirement that
208 a human operator be present in an autonomous vehicle
209 for testing purposes; deleting certain financial
210 responsibility requirements for entities performing
211 such testing; amending s. 319.145, F.S.; revising
212 provisions relating to required equipment and
213 operation of autonomous vehicles; amending s.