Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 932
       
       
       
       
       
       
                                Ì491470!Î491470                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  03/22/2019           .                                
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       The Committee on Infrastructure and Security (Brandes)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 41 - 228
    4  and insert:
    5         Section 1. Present subsections (48) through (86) of section
    6  316.003, Florida Statutes, are redesignated as subsections (49)
    7  through (87), respectively, present subsections (87) through
    8  (101) of section 316.003, Florida Statutes, are redesignated as
    9  subsections (89) through (103), respectively, new subsections
   10  (48) and (88) are added to that section, and subsection (3) and
   11  present subsection (59) of that section are amended, to read:
   12         316.003 Definitions.—The following words and phrases, when
   13  used in this chapter, shall have the meanings respectively
   14  ascribed to them in this section, except where the context
   15  otherwise requires:
   16         (3) AUTOMATED DRIVING SYSTEM AUTONOMOUS VEHICLE.—The
   17  hardware and software that are collectively capable of
   18  performing the entire dynamic driving task of an autonomous
   19  vehicle on a sustained basis, regardless of whether it is
   20  limited to a specific operational design domain. The term:
   21         (a)“Autonomous vehicle” means any vehicle equipped with an
   22  automated driving system.
   23         (b)“Dynamic driving task” means all of the real-time
   24  operational and tactical functions required to operate a vehicle
   25  in on-road traffic within its specific operational design
   26  domain, if any, excluding strategic functions such as trip
   27  scheduling and selection of destinations and waypoints.
   28         (c)“Fully autonomous vehicle” means a vehicle equipped
   29  with an automated driving system designed to function without
   30  autonomous technology. The term “autonomous technology” means
   31  technology installed on a motor vehicle that has the capability
   32  to drive the vehicle on which the technology is installed
   33  without the active control or monitoring by a human operator.
   34  The term excludes a motor vehicle enabled with active safety
   35  systems or driver assistance systems, including, without
   36  limitation, a system to provide electronic blind spot
   37  assistance, crash avoidance, emergency braking, parking
   38  assistance, adaptive cruise control, lane keep assistance, lane
   39  departure warning, or traffic jam and queuing assistant, unless
   40  any such system alone or in combination with other systems
   41  enables the vehicle on which the technology is installed to
   42  drive without active control or monitoring by a human operator.
   43         (d)“Operational design domain” means a description of the
   44  specific operating domain in which an automated driving system
   45  is designed to properly operate, including, but not limited to,
   46  roadway types, speed ranges, environmental conditions such as
   47  weather and time of day, and other domain constraints.
   48         (48)ON-DEMAND AUTONOMOUS VEHICLE NETWORK.—A passenger
   49  transportation network that uses a software application or other
   50  digital means to connect passengers to fully autonomous
   51  vehicles, exclusively or in addition to other vehicles, for
   52  transportation, including for-hire transportation and
   53  transportation for compensation.
   54         (60)(59) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
   55  provided in paragraph (82)(b) (81)(b), any privately owned way
   56  or place used for vehicular travel by the owner and those having
   57  express or implied permission from the owner, but not by other
   58  persons.
   59         (88) TELEOPERATION SYSTEM.The hardware and software
   60  installed in a motor vehicle which allow a remote human operator
   61  to supervise or perform aspects of, or the entirety of, the
   62  dynamic driving task. The term “remote human operator” means a
   63  natural person who is not physically present in a vehicle
   64  equipped with an automated driving system who engages or
   65  monitors the vehicle from a remote location. A remote human
   66  operator may have the ability to perform aspects of, or the
   67  entirety of, the dynamic driving task for the vehicle or cause
   68  the vehicle to achieve a minimal risk condition.
   69         Section 2. Subsection (5) is added to section 316.062,
   70  Florida Statutes, to read:
   71         316.062 Duty to give information and render aid.—
   72         (5)This section does not apply to a fully autonomous
   73  vehicle, operating with the automated driving system engaged, in
   74  the event of a crash involving the vehicle if the vehicle owner,
   75  or a person on behalf of the vehicle owner, promptly contacts a
   76  law enforcement agency to report the crash or if the fully
   77  autonomous vehicle has the capability of alerting a law
   78  enforcement agency to the crash.
   79         Section 3. Subsection (4) is added to section 316.063,
   80  Florida Statutes, to read:
   81         316.063 Duty upon damaging unattended vehicle or other
   82  property.—
   83         (4)This section does not apply to a fully autonomous
   84  vehicle, operating with the automated driving system engaged, in
   85  the event of a crash involving the vehicle if the vehicle owner,
   86  or a person on behalf of the vehicle owner, promptly contacts a
   87  law enforcement agency to report the crash or if the fully
   88  autonomous vehicle has the capability of alerting a law
   89  enforcement agency to the crash.
   90         Section 4. Subsection (5) is added to section 316.065,
   91  Florida Statutes, to read:
   92         316.065 Crashes; reports; penalties.—
   93         (5)Subsection (1) does not apply to a fully autonomous
   94  vehicle, operating with the automated driving system engaged, in
   95  the event of a crash involving the vehicle if the vehicle owner,
   96  or a person on behalf of the vehicle owner, promptly contacts a
   97  law enforcement agency to report the crash or if the fully
   98  autonomous vehicle has the capability of alerting a law
   99  enforcement agency to the crash.
  100         Section 5. Subsection (3) is added to section 316.1975,
  101  Florida Statutes, to read:
  102         316.1975 Unattended motor vehicle.—
  103         (3)This section does not apply to a fully autonomous
  104  vehicle operating with the automated driving system engaged.
  105         Section 6. Section 316.303, Florida Statutes, is amended to
  106  read:
  107         316.303 Television receivers.—
  108         (1) A No motor vehicle may not be operated on the highways
  109  of this state if the vehicle is actively displaying moving
  110  television broadcast or pre-recorded video entertainment content
  111  that is visible from the driver’s seat while the vehicle is in
  112  motion, unless the vehicle is a fully equipped with autonomous
  113  vehicle technology, as defined in s. 316.003(3), and is being
  114  operated with the automated driving system engaged in autonomous
  115  mode, as provided in s. 316.85(2).
  116         (2) This section does not prohibit the use of television
  117  type receiving equipment used exclusively for safety or law
  118  enforcement purposes, provided such use is approved by the
  119  department.
  120         (3) This section does not prohibit the use of an electronic
  121  display used in conjunction with a vehicle navigation system; an
  122  electronic display used by an operator of an autonomous a
  123  vehicle equipped with autonomous technology, as defined in s.
  124  316.003(3); or an electronic display used by an operator of a
  125  vehicle equipped and operating with driver-assistive truck
  126  platooning technology, as defined in s. 316.003.
  127         (4) A violation of this section is a noncriminal traffic
  128  infraction, punishable as a nonmoving violation as provided in
  129  chapter 318.
  130         Section 7. Paragraph (b) of subsection (3) of section
  131  316.305, Florida Statutes, is amended to read:
  132         316.305 Wireless communications devices; prohibition.—
  133         (3)
  134         (b) Paragraph (a) does not apply to a motor vehicle
  135  operator who is:
  136         1. Performing official duties as an operator of an
  137  authorized emergency vehicle as defined in s. 322.01, a law
  138  enforcement or fire service professional, or an emergency
  139  medical services professional.
  140         2. Reporting an emergency or criminal or suspicious
  141  activity to law enforcement authorities.
  142         3. Receiving messages that are:
  143         a. Related to the operation or navigation of the motor
  144  vehicle;
  145         b. Safety-related information, including emergency,
  146  traffic, or weather alerts;
  147         c. Data used primarily by the motor vehicle; or
  148         d. Radio broadcasts.
  149         4. Using a device or system for navigation purposes.
  150         5. Conducting wireless interpersonal communication that
  151  does not require manual entry of multiple letters, numbers, or
  152  symbols, except to activate, deactivate, or initiate a feature
  153  or function.
  154         6. Conducting wireless interpersonal communication that
  155  does not require reading text messages, except to activate,
  156  deactivate, or initiate a feature or function.
  157         7. Operating an autonomous vehicle, as defined in s.
  158  316.003(3) s. 316.003, with the automated driving system engaged
  159  in autonomous mode.
  160         Section 8. Section 316.85, Florida Statutes, is amended to
  161  read:
  162         316.85 Autonomous vehicles; operation; compliance with
  163  traffic and motor vehicle laws; testing; preemption.—
  164         (1) Notwithstanding any other law, a licensed human
  165  operator is not required to operate a fully autonomous vehicle A
  166  person who possesses a valid driver license may operate an
  167  autonomous vehicle in autonomous mode on roads in this state if
  168  the vehicle is equipped with autonomous technology, as defined
  169  in s. 316.003(3) s. 316.003.
  170         (2)A fully autonomous vehicle may operate in this state
  171  regardless of whether a human operator is physically present in
  172  the vehicle.
  173         (3)(a)(2) For purposes of this chapter, unless the context
  174  otherwise requires, the automated driving system, when engaged,
  175  a person shall be deemed to be the operator of an autonomous
  176  vehicle operating in autonomous mode when the person causes the
  177  vehicle’s autonomous technology to engage, regardless of whether
  178  a the person is physically present in the vehicle while the
  179  vehicle is operating with the automated driving system engaged
  180  in autonomous mode.
  181         (b)Unless otherwise provided by law, applicable traffic or
  182  motor vehicle laws of this state may not be construed to:
  183         1.Prohibit the automated driving system from being deemed
  184  the operator of an autonomous vehicle operating with the
  185  automated driving system engaged.
  186         2.Require a licensed human operator to operate a fully
  187  autonomous vehicle.
  188         (4)The Florida Turnpike Enterprise may fund, construct,
  189  and operate test facilities and undertake research and
  190  development projects for the advancement of autonomous and
  191  connected innovative transportation technology solutions for the
  192  purposes of improving safety and decreasing congestion for the
  193  traveling public and to otherwise advance the objectives of the
  194  Florida Turnpike Enterprise as set forth in the Florida
  195  Transportation Code.
  196         (5)An on-demand autonomous vehicle network may operate
  197  pursuant to state laws governing the operation of transportation
  198  network companies and transportation network company vehicles as
  199  defined in s. 627.748, except that any provision of s. 627.748
  200  which reasonably applies only to a human driver does not apply
  201  to the operation of a fully autonomous vehicle with the
  202  automated driving system engaged in an on-demand autonomous
  203  vehicle network.
  204         (6) Notwithstanding any other provision of this chapter, an
  205  autonomous vehicle or a fully autonomous vehicle equipped with a
  206  teleoperation system may operate without a human operator
  207  physically present in the vehicle when the teleoperation system
  208  is engaged. A vehicle that is subject to this subsection must
  209  meet the requirements of s. 319.145 and is considered a vehicle
  210  that meets the definition of s. 316.003(3)(c) for purposes of
  211  ss. 316.062(5), 316.063(4), 316.065(5), 316.1975(3), and
  212  316.303(1).
  213         (7) It is the intent of the Legislature to provide for
  214  
  215  ================= T I T L E  A M E N D M E N T ================
  216  And the title is amended as follows:
  217         Between lines 25 and 26
  218  insert:
  219         authorizing an autonomous vehicle or fully autonomous
  220         vehicle equipped with a teleoperation system to
  221         operate without a human operator physically present in
  222         the vehicle when the teleoperation system is engaged;
  223         providing requirements for such vehicle; providing
  224         construction;