Florida Senate - 2017 SENATOR AMENDMENT
Bill No. CS/CS/CS/HB 865, 1st Eng.
Ì840918>Î840918
LEGISLATIVE ACTION
Senate . House
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Floor: WD/2R .
05/04/2017 06:31 PM .
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Senator Rouson moved the following:
1 Senate Amendment to Amendment (102880) (with title
2 amendment)
3
4 Delete lines 183 - 230
5 and insert:
6 Section 4. Section 316.85, Florida Statutes, is amended to
7 read:
8 316.85 Autonomous vehicles; operation.—
9 (1) A person who possesses a valid driver license may
10 operate an autonomous vehicle in autonomous mode on roads in
11 this state if the vehicle is equipped with autonomous
12 technology, as defined in s. 316.003.
13 (2) For purposes of this chapter, unless the context
14 otherwise requires, a person shall be deemed to be the operator
15 of an autonomous vehicle operating in autonomous mode when the
16 person causes the vehicle’s autonomous technology to engage,
17 regardless of whether the person is physically present in the
18 vehicle while the vehicle is operating in autonomous mode.
19 (3)(a) As a prerequisite to the registration and operation
20 of an autonomous vehicle on the public streets and highways of
21 this state, the owner of an autonomous vehicle, or another
22 person on behalf of the owner, shall establish and continuously
23 maintain a motor vehicle liability policy providing:
24 1. At least $1 million for combined bodily injury liability
25 and property damage liability coverage; and
26 2. Uninsured and underinsured vehicle coverage as required
27 by s. 627.727.
28 (b) The motor vehicle liability policy required under this
29 subsection must insure the following persons against loss from
30 the liability imposed by law for bodily injury, death, and
31 property damage arising out of the ownership, maintenance, or
32 use of the autonomous vehicle, regardless of whether the vehicle
33 is operating in autonomous mode:
34 1. The owner or owners of the autonomous vehicle;
35 2. The users of the autonomous vehicle who are using it
36 with the express or implied permission of the owner;
37 3. The manufacturer and sellers of the autonomous vehicle
38 and autonomous technology on the vehicle; and
39 4. Any other person for his, her, or its liability because
40 of the acts or omissions of an insured under this subparagraph
41 or subparagraphs 1., 2., or 3.
42 (c) The motor vehicle liability policy required under this
43 subsection must be provided by an insurer authorized to do
44 business in this state which is a member of the Florida
45 Insurance Guaranty Association or a surplus lines carrier with
46 at least an AA rating from A.M. Best Company or an equivalent
47 rating from an equivalent rating agency.
48 (d) The autonomous vehicle shall carry in the vehicle proof
49 of coverage satisfying the requirements of this section at all
50 times while operating in autonomous mode.
51 (4)(a) Subparagraph 324.021(9)(b)3. does not apply when the
52 autonomous vehicle is operating in autonomous mode at the time
53 of an accident, and the owner, manufacturer, and sellers are
54 liable for all damages caused by a defective design or
55 manufacture of the autonomous vehicle, or for damages caused by
56 a loss that could have been avoided by a reasonably prudent
57 human operator.
58 (b) Except as provided in paragraph (a), liability for
59 incidents involving an autonomous vehicle shall be determined in
60 accordance with existing product liability law, common law
61 negligence principles, and other applicable federal, state, and
62 local law.
63 (c) Nothing in this chapter shall be construed to affect,
64 alter, or amend any right, obligation, liability or damages
65 apportionment mechanism under existing common law negligence
66 principles when a human driver is operating an autonomous
67 vehicle in manual mode.
68 (5) As a prerequisite to operation of an autonomous vehicle
69 in autonomous mode on the public streets and highways of this
70 state, a manufacturer or developer of autonomous technology or
71 autonomous vehicles which sells, leases, or otherwise makes
72 available to the public autonomous technology or autonomous
73 vehicles in this state must:
74 (a) Maintain a registered agent for service of process in
75 this state; and
76 (b) Obtain a surety bond in the amount of at least $10
77 million and post such bond with the Department of Highway Safety
78 and Motor Vehicles as proof of financial ability to respond in
79 damages for liability on account of accidents involving an
80 autonomous vehicle. A bond is not adequate unless it is written
81 by a company authorized to do business in this state and is
82 rated A+ by A.M. Best Company. Such bond shall be held by the
83 department to satisfy any execution on a judgment entered
84 against such person making the deposit, for damages because of
85 bodily injury to or death of any person or for damages because
86 of damage to or destruction of property, resulting from an
87 accident involving an autonomous vehicle which occurs after such
88 deposit was made.
89 (6) Before an autonomous vehicle may be registered, the
90 manufacturer must certify that it has done adequate testing to
91 assure that the autonomous vehicle is safe to operate in real
92 world conditions in autonomous mode.
93
94 ================= T I T L E A M E N D M E N T ================
95 And the title is amended as follows:
96 Delete lines 668 - 688
97 and insert:
98 amending s. 316.85, F.S.; requiring the owner of an
99 autonomous vehicle, or another person on behalf of the
100 owner, as a prerequisite to the registration and
101 operation of an autonomous vehicle on the public
102 streets and highways of this state, to establish and
103 continuously maintain a certain motor vehicle
104 liability policy; providing requirements for the motor
105 vehicle liability policy; providing requirements for
106 insurers of the motor vehicle liability policy;
107 requiring the autonomous vehicle to carry in the
108 vehicle proof of coverage satisfying certain
109 requirements at all times while operating in
110 autonomous mode; providing applicability; providing
111 construction; providing requirements, as a
112 prerequisite to operation of an autonomous vehicle in
113 autonomous mode on the public streets and highways of
114 this state, for a manufacturer or developer of
115 autonomous technology or autonomous vehicles which
116 sells, leases, or otherwise makes available to the
117 public autonomous technology or autonomous vehicles in
118 this state; requiring that, before an autonomous
119 vehicle may be registered, the manufacturer certify
120 that it has done adequate testing to assure that the
121 autonomous vehicle is safe to operate in real world
122 conditions in autonomous mode; amending s. 335.074,
123 F.S.; requiring bridges