Florida Senate - 2019              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 932
       
       
       
       
       
                               Ì688210wÎ688210                          
       
       576-03887-19                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development)
    1                        A bill to be entitled                      
    2         An act relating to autonomous vehicles; creating s.
    3         316.0899, F.S.; authorizing the Department of
    4         Transportation, in consultation with the Department of
    5         Highway Safety and Motor Vehicles, to conduct pilot or
    6         demonstration programs to explore the efficient
    7         implementation of innovative transportation
    8         technologies; requiring the Department of
    9         Transportation to submit a certain annual report to
   10         the Governor and the Legislature; amending s.
   11         338.2216, F.S.; authorizing the Florida Turnpike
   12         Enterprise to enter into one or more agreements to
   13         fund, construct, and operate facilities for the
   14         advancement of autonomous and connected innovative
   15         transportation technologies for certain purposes;
   16         amending s. 316.003, F.S.; revising and providing
   17         definitions; amending ss. 316.062, 316.063, 316.065,
   18         and 316.1975, F.S.; providing applicability; amending
   19         s. 316.303, F.S.; exempting a vehicle being operated
   20         with the automated driving system engaged from a
   21         prohibition on the active display of television or
   22         video; amending s. 316.305, F.S.; exempting a motor
   23         vehicle operator who is operating an autonomous
   24         vehicle from a prohibition on the use of wireless
   25         communications devices; amending s. 316.85, F.S.;
   26         providing that a licensed human operator is not
   27         required to operate a fully autonomous vehicle;
   28         authorizing a fully autonomous vehicle to operate in
   29         this state regardless of whether a human operator is
   30         physically present in the vehicle; requiring the
   31         automated driving system to be deemed to be the
   32         operator of an autonomous vehicle operating with the
   33         automated driving system engaged; providing
   34         construction; providing requirements for operation of
   35         on-demand autonomous vehicle networks; authorizing an
   36         autonomous vehicle or fully autonomous vehicle
   37         equipped with a teleoperation system to operate
   38         without a human operator physically present in the
   39         vehicle when the teleoperation system is engaged;
   40         providing requirements for such vehicles; providing
   41         construction; providing legislative intent;
   42         prohibiting a local government from imposing any tax,
   43         fee, for-hire vehicle requirement, or other
   44         requirement on automated driving systems or autonomous
   45         vehicles or on a person who operates an autonomous
   46         vehicle; amending s. 319.145, F.S.; revising
   47         requirements for autonomous vehicles registered in
   48         this state; creating s. 322.015, F.S.; providing
   49         applicability; creating s. 627.749, F.S.; defining
   50         terms; providing insurance requirements for a fully
   51         autonomous vehicle with the automated driving system
   52         engaged in an on-demand autonomous vehicle network;
   53         amending ss. 339.175, 339.64, 339.83, and 627.0653,
   54         F.S.; conforming provisions to changes made by the
   55         act; amending s. 655.960, F.S.; conforming a cross
   56         reference; providing an effective date.
   57          
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. Section 316.0899, Florida Statutes, is created
   61  to read:
   62         316.0899 Innovative transportation technology pilot or
   63  demonstration programs.—The Department of Transportation, in
   64  consultation with the department, may conduct pilot or
   65  demonstration programs to explore the efficient implementation
   66  of innovative transportation technologies, including, but not
   67  limited to, vehicle electrification, shared vehicle use,
   68  automated vehicles, and other mobility technologies that provide
   69  transportation options intended to increase personal mobility,
   70  to facilitate shorter urban trips, or to provide connections to
   71  other modes of transportation. Such pilot or demonstration
   72  programs may also include innovative transportation technologies
   73  that improve the delivery of transportation disadvantaged
   74  services. The Department of Transportation shall prepare an
   75  annual report outlining the programs undertaken pursuant to this
   76  section. The report may include any findings or recommendations
   77  the department deems necessary for future implementation. The
   78  report must be submitted to the Governor, the President of the
   79  Senate, and the Speaker of the House of Representatives.
   80         Section 2. Paragraph (f) is added to subsection (1) of
   81  section 338.2216, Florida Statutes, to read:
   82         338.2216 Florida Turnpike Enterprise; powers and
   83  authority.—
   84         (1)
   85         (f) The Florida Turnpike Enterprise may enter into one or
   86  more agreements to fund, construct, and operate facilities for
   87  the advancement of autonomous and connected innovative
   88  transportation technologies for the purposes of improving safety
   89  and decreasing congestion for the traveling public. Such
   90  agreements may include terms that authorize a private entity to
   91  sell or provide products or business opportunities at the
   92  facilities which benefit the traveling public, provide
   93  additional revenue, or otherwise advance the enterprise’s
   94  objectives as provided in the Florida Transportation Code.
   95         Section 3. Present subsections (48) through (86) of section
   96  316.003, Florida Statutes, are redesignated as subsections (49)
   97  through (87), respectively, present subsections (87) through
   98  (101) of section 316.003, Florida Statutes, are redesignated as
   99  subsections (89) through (103), respectively, new subsections
  100  (48) and (88) are added to that section, and subsection (3) and
  101  present subsection (59) of that section are amended, to read:
  102         316.003 Definitions.—The following words and phrases, when
  103  used in this chapter, shall have the meanings respectively
  104  ascribed to them in this section, except where the context
  105  otherwise requires:
  106         (3) AUTOMATED DRIVING SYSTEM AUTONOMOUS VEHICLE.—The
  107  hardware and software that are collectively capable of
  108  performing the entire dynamic driving task of an autonomous
  109  vehicle on a sustained basis, regardless of whether it is
  110  limited to a specific operational design domain. The term:
  111         (a)“Autonomous vehicle” means any vehicle equipped with an
  112  automated driving system.
  113         (b)“Dynamic driving task” means all of the real-time
  114  operational and tactical functions required to operate a vehicle
  115  in on-road traffic within its specific operational design
  116  domain, if any, excluding strategic functions such as trip
  117  scheduling and selection of destinations and waypoints.
  118         (c)“Fully autonomous vehicle” means a vehicle equipped
  119  with an automated driving system designed to function without
  120  autonomous technology. The term “autonomous technology” means
  121  technology installed on a motor vehicle that has the capability
  122  to drive the vehicle on which the technology is installed
  123  without the active control or monitoring by a human operator.
  124  The term excludes a motor vehicle enabled with active safety
  125  systems or driver assistance systems, including, without
  126  limitation, a system to provide electronic blind spot
  127  assistance, crash avoidance, emergency braking, parking
  128  assistance, adaptive cruise control, lane keep assistance, lane
  129  departure warning, or traffic jam and queuing assistant, unless
  130  any such system alone or in combination with other systems
  131  enables the vehicle on which the technology is installed to
  132  drive without active control or monitoring by a human operator.
  133         (d)“Operational design domain” means a description of the
  134  specific operating domain in which an automated driving system
  135  is designed to properly operate, including, but not limited to,
  136  roadway types, speed ranges, environmental conditions such as
  137  weather and time of day, and other domain constraints.
  138         (48)ON-DEMAND AUTONOMOUS VEHICLE NETWORK.—A passenger
  139  transportation network that uses a software application or other
  140  digital means to connect passengers to fully autonomous
  141  vehicles, exclusively or in addition to other vehicles, for
  142  transportation, including for-hire transportation and
  143  transportation for compensation.
  144         (60)(59) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
  145  provided in paragraph (82)(b) (81)(b), any privately owned way
  146  or place used for vehicular travel by the owner and those having
  147  express or implied permission from the owner, but not by other
  148  persons.
  149         (88) TELEOPERATION SYSTEM.—The hardware and software
  150  installed in a motor vehicle which allow a remote human operator
  151  to supervise or perform aspects of, or the entirety of, the
  152  dynamic driving task. The term “remote human operator” means a
  153  natural person who is not physically present in a vehicle
  154  equipped with an automated driving system who engages or
  155  monitors the vehicle from a remote location. A remote human
  156  operator may have the ability to perform aspects of, or the
  157  entirety of, the dynamic driving task for the vehicle or cause
  158  the vehicle to achieve a minimal risk condition.
  159         Section 4. Subsection (5) is added to section 316.062,
  160  Florida Statutes, to read:
  161         316.062 Duty to give information and render aid.—
  162         (5)This section does not apply to a fully autonomous
  163  vehicle, operating with the automated driving system engaged, in
  164  the event of a crash involving the vehicle if the vehicle owner,
  165  or a person on behalf of the vehicle owner, promptly contacts a
  166  law enforcement agency to report the crash or if the fully
  167  autonomous vehicle has the capability of alerting a law
  168  enforcement agency to the crash.
  169         Section 5. Subsection (4) is added to section 316.063,
  170  Florida Statutes, to read:
  171         316.063 Duty upon damaging unattended vehicle or other
  172  property.—
  173         (4)This section does not apply to a fully autonomous
  174  vehicle, operating with the automated driving system engaged, in
  175  the event of a crash involving the vehicle if the vehicle owner,
  176  or a person on behalf of the vehicle owner, promptly contacts a
  177  law enforcement agency to report the crash or if the fully
  178  autonomous vehicle has the capability of alerting a law
  179  enforcement agency to the crash.
  180         Section 6. Subsection (5) is added to section 316.065,
  181  Florida Statutes, to read:
  182         316.065 Crashes; reports; penalties.—
  183         (5)Subsection (1) does not apply to a fully autonomous
  184  vehicle, operating with the automated driving system engaged, in
  185  the event of a crash involving the vehicle if the vehicle owner,
  186  or a person on behalf of the vehicle owner, promptly contacts a
  187  law enforcement agency to report the crash or if the fully
  188  autonomous vehicle has the capability of alerting a law
  189  enforcement agency to the crash.
  190         Section 7. Subsection (3) is added to section 316.1975,
  191  Florida Statutes, to read:
  192         316.1975 Unattended motor vehicle.—
  193         (3)This section does not apply to a fully autonomous
  194  vehicle operating with the automated driving system engaged.
  195         Section 8. Section 316.303, Florida Statutes, is amended to
  196  read:
  197         316.303 Television receivers.—
  198         (1) A No motor vehicle may not be operated on the highways
  199  of this state if the vehicle is actively displaying moving
  200  television broadcast or pre-recorded video entertainment content
  201  that is visible from the driver’s seat while the vehicle is in
  202  motion, unless the vehicle is equipped with autonomous
  203  technology, as defined in s. 316.003(3), and is being operated
  204  with the automated driving system engaged in autonomous mode, as
  205  provided in s. 316.85(2).
  206         (2) This section does not prohibit the use of television
  207  type receiving equipment used exclusively for safety or law
  208  enforcement purposes, provided such use is approved by the
  209  department.
  210         (3) This section does not prohibit the use of an electronic
  211  display used in conjunction with a vehicle navigation system; an
  212  electronic display used by an operator of an autonomous a
  213  vehicle equipped with autonomous technology, as defined in s.
  214  316.003(3); or an electronic display used by an operator of a
  215  vehicle equipped and operating with driver-assistive truck
  216  platooning technology, as defined in s. 316.003.
  217         (4) A violation of this section is a noncriminal traffic
  218  infraction, punishable as a nonmoving violation as provided in
  219  chapter 318.
  220         Section 9. Paragraph (b) of subsection (3) of section
  221  316.305, Florida Statutes, is amended to read:
  222         316.305 Wireless communications devices; prohibition.—
  223         (3)
  224         (b) Paragraph (a) does not apply to a motor vehicle
  225  operator who is:
  226         1. Performing official duties as an operator of an
  227  authorized emergency vehicle as defined in s. 322.01, a law
  228  enforcement or fire service professional, or an emergency
  229  medical services professional.
  230         2. Reporting an emergency or criminal or suspicious
  231  activity to law enforcement authorities.
  232         3. Receiving messages that are:
  233         a. Related to the operation or navigation of the motor
  234  vehicle;
  235         b. Safety-related information, including emergency,
  236  traffic, or weather alerts;
  237         c. Data used primarily by the motor vehicle; or
  238         d. Radio broadcasts.
  239         4. Using a device or system for navigation purposes.
  240         5. Conducting wireless interpersonal communication that
  241  does not require manual entry of multiple letters, numbers, or
  242  symbols, except to activate, deactivate, or initiate a feature
  243  or function.
  244         6. Conducting wireless interpersonal communication that
  245  does not require reading text messages, except to activate,
  246  deactivate, or initiate a feature or function.
  247         7. Operating an autonomous vehicle, as defined in s.
  248  316.003(3) s. 316.003, with the automated driving system engaged
  249  in autonomous mode.
  250         Section 10. Section 316.85, Florida Statutes, is amended to
  251  read:
  252         316.85 Autonomous vehicles; operation; compliance with
  253  traffic and motor vehicle laws; preemption.—
  254         (1) Notwithstanding any other law, a licensed human
  255  operator is not required to operate a fully autonomous vehicle A
  256  person who possesses a valid driver license may operate an
  257  autonomous vehicle in autonomous mode on roads in this state if
  258  the vehicle is equipped with autonomous technology, as defined
  259  in s. 316.003(3) s. 316.003.
  260         (2) A fully autonomous vehicle may operate in this state,
  261  regardless of whether a human operator is physically present in
  262  the vehicle.
  263         (3)(a)(2) For purposes of this chapter, unless the context
  264  otherwise requires, the automated driving system, when engaged,
  265  a person shall be deemed to be the operator of an autonomous
  266  vehicle operating in autonomous mode when the person causes the
  267  vehicle’s autonomous technology to engage, regardless of whether
  268  a the person is physically present in the vehicle while the
  269  vehicle is operating with the automated driving system engaged
  270  in autonomous mode.
  271         (b)Unless otherwise provided by law, applicable traffic or
  272  motor vehicle laws of this state may not be construed to:
  273         1.Prohibit the automated driving system from being deemed
  274  the operator of an autonomous vehicle operating with the
  275  automated driving system engaged.
  276         2.Require a licensed human operator to operate a fully
  277  autonomous vehicle.
  278         (4)An on-demand autonomous vehicle network must operate
  279  pursuant to state laws governing the operation of transportation
  280  network companies and transportation network company vehicles as
  281  those terms are defined in s. 627.748, except that any provision
  282  of s. 627.748 which reasonably applies only to a human driver
  283  does not apply to the operation of a fully autonomous vehicle
  284  with the automated driving system engaged in an on-demand
  285  autonomous vehicle network. A fully autonomous vehicle with the
  286  automated driving system engaged in an on-demand autonomous
  287  vehicle network must meet the insurance requirements in s.
  288  627.749.
  289         (5) Notwithstanding any other provision of this chapter, an
  290  autonomous vehicle or a fully autonomous vehicle equipped with a
  291  teleoperation system may operate without a human operator
  292  physically present in the vehicle when the teleoperation system
  293  is engaged. A vehicle that is subject to this subsection must
  294  meet the requirements of s. 319.145 and is considered a vehicle
  295  that meets the definition of s. 316.003(3)(c) for the purposes
  296  of ss. 316.062(5), 316.063(4), 316.065(5), 316.1975(3), and
  297  316.303(1).
  298         (6) It is the intent of the Legislature to provide for
  299  uniformity of laws governing autonomous vehicles throughout the
  300  state. A local government may not impose any tax, fee, for-hire
  301  vehicle requirement, or other requirement on automated driving
  302  systems or autonomous vehicles or on a person who operates an
  303  autonomous vehicle, including, but not limited to, a person who
  304  operates an autonomous vehicle for purposes of providing
  305  passenger transportation services.
  306         Section 11. Section 319.145, Florida Statutes, is amended
  307  to read:
  308         319.145 Autonomous vehicles.—
  309         (1) An autonomous vehicle registered in this state must
  310  continue to meet all of the following requirements:
  311         (a)When required by federal law:
  312         1.Has been certified in accordance with federal
  313  regulations in 49 C.F.R. part 567 as being in compliance with
  314  applicable federal motor vehicle safety standards.
  315         2.Bear the required certification label or labels,
  316  including reference to any exemption granted under applicable
  317  federal law.
  318         (b)Be capable of being operated in compliance with the
  319  applicable traffic and motor vehicle laws of this state,
  320  regardless of whether the vehicle is operating with the
  321  automated driving system engaged.
  322         (2)If the autonomous vehicle is not fully autonomous,
  323  applicable federal standards and regulations for such motor
  324  vehicle. the vehicle must:
  325         (a) have a system to safely alert a licensed human the
  326  operator physically present in the vehicle if an automated
  327  driving system autonomous technology failure is detected while
  328  the automated driving system autonomous technology is engaged.
  329  When an alert is given, the system must:
  330         1. require the licensed human operator to take control of
  331  the autonomous vehicle or must achieve a minimal risk condition;
  332  or
  333         2.If the operator does not, or is not able to, take
  334  control of the autonomous vehicle, be capable of bringing the
  335  vehicle to a complete stop.
  336         (b)Have a means, inside the vehicle, to visually indicate
  337  when the vehicle is operating in autonomous mode.
  338         (c)Be capable of being operated in compliance with the
  339  applicable traffic and motor vehicle laws of this state.
  340         (3)If the autonomous vehicle is fully autonomous, it must
  341  be able to achieve a minimal risk condition if a failure of the
  342  automated driving system occurs which renders that system unable
  343  to perform the entire dynamic driving task relevant to its
  344  intended operational design domain. The term “minimal risk
  345  condition” means a reasonably safe state, such as bringing the
  346  vehicle to a complete stop and activating the vehicle’s hazard
  347  lamps.
  348         (4)(2) Federal regulations promulgated by the National
  349  Highway Traffic Safety Administration shall supersede this
  350  section when found to be in conflict with this section.
  351         Section 12. Section 322.015, Florida Statutes, is created
  352  to read:
  353         322.015Exemption.—This chapter does not apply when a fully
  354  autonomous vehicle is operated with the automated driving system
  355  engaged and without a human operator.
  356         Section 13. Section 627.749, Florida Statutes, is created
  357  to read:
  358         627.749 On-demand autonomous vehicle networks.—
  359         (1) DEFINITIONS.—As used in this section, the term:
  360         (a) “Automated driving system” has the same meaning as in
  361  s. 316.003.
  362         (b) “Fully autonomous vehicle” has the same meaning as
  363  provided in s. 316.003(3).
  364         (c) “On-demand autonomous vehicle network” has the same
  365  meaning as provided in s. 316.003.
  366         (2) INSURANCE REQUIREMENTS.—
  367         (a)A fully autonomous vehicle with the automated driving
  368  system engaged in an on-demand autonomous vehicle network must
  369  be covered by a policy of automobile insurance which provides:
  370         1. Primary liability coverage of at least $1 million for
  371  death, bodily injury, and property damage;
  372         2. Personal injury protection benefits that meet the
  373  minimum coverage amounts required under ss. 627.730-627.7405;
  374  and
  375         3. Uninsured and underinsured vehicle coverage as required
  376  by s. 627.727.
  377         (b) The coverage requirements of paragraph (a) may be
  378  satisfied by any of the following:
  379         1. Automobile insurance maintained by the owner of a fully
  380  autonomous vehicle with the automated driving system engaged in
  381  an on-demand autonomous vehicle network;
  382         2. Automobile insurance maintained by the on-demand
  383  autonomous vehicle network; or
  384         3. A combination of subparagraphs 1. and 2.
  385         Section 14. Paragraph (c) of subsection (7) of section
  386  339.175, Florida Statutes, is amended to read:
  387         339.175 Metropolitan planning organization.—
  388         (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
  389  develop a long-range transportation plan that addresses at least
  390  a 20-year planning horizon. The plan must include both long
  391  range and short-range strategies and must comply with all other
  392  state and federal requirements. The prevailing principles to be
  393  considered in the long-range transportation plan are: preserving
  394  the existing transportation infrastructure; enhancing Florida’s
  395  economic competitiveness; and improving travel choices to ensure
  396  mobility. The long-range transportation plan must be consistent,
  397  to the maximum extent feasible, with future land use elements
  398  and the goals, objectives, and policies of the approved local
  399  government comprehensive plans of the units of local government
  400  located within the jurisdiction of the M.P.O. Each M.P.O. is
  401  encouraged to consider strategies that integrate transportation
  402  and land use planning to provide for sustainable development and
  403  reduce greenhouse gas emissions. The approved long-range
  404  transportation plan must be considered by local governments in
  405  the development of the transportation elements in local
  406  government comprehensive plans and any amendments thereto. The
  407  long-range transportation plan must, at a minimum:
  408         (c) Assess capital investment and other measures necessary
  409  to:
  410         1. Ensure the preservation of the existing metropolitan
  411  transportation system including requirements for the operation,
  412  resurfacing, restoration, and rehabilitation of major roadways
  413  and requirements for the operation, maintenance, modernization,
  414  and rehabilitation of public transportation facilities; and
  415         2. Make the most efficient use of existing transportation
  416  facilities to relieve vehicular congestion, improve safety, and
  417  maximize the mobility of people and goods. Such efforts must
  418  include, but are not limited to, consideration of infrastructure
  419  and technological improvements necessary to accommodate advances
  420  in vehicle technology, such as automated driving systems
  421  autonomous technology and other developments.
  422  
  423  In the development of its long-range transportation plan, each
  424  M.P.O. must provide the public, affected public agencies,
  425  representatives of transportation agency employees, freight
  426  shippers, providers of freight transportation services, private
  427  providers of transportation, representatives of users of public
  428  transit, and other interested parties with a reasonable
  429  opportunity to comment on the long-range transportation plan.
  430  The long-range transportation plan must be approved by the
  431  M.P.O.
  432         Section 15. Paragraph (c) of subsection (3) and paragraph
  433  (a) of subsection (4) of section 339.64, Florida Statutes, are
  434  amended to read:
  435         339.64 Strategic Intermodal System Plan.—
  436         (3)
  437         (c) The department shall coordinate with federal, regional,
  438  and local partners, as well as industry representatives, to
  439  consider infrastructure and technological improvements necessary
  440  to accommodate advances in vehicle technology, such as automated
  441  driving systems autonomous technology and other developments, in
  442  Strategic Intermodal System facilities.
  443         (4) The Strategic Intermodal System Plan shall include the
  444  following:
  445         (a) A needs assessment that must include, but is not
  446  limited to, consideration of infrastructure and technological
  447  improvements necessary to accommodate advances in vehicle
  448  technology, such as automated driving systems autonomous
  449  technology and other developments.
  450         Section 16. Section 339.83, Florida Statutes, is amended to
  451  read:
  452         339.83 Enrollment in federal pilot programs.—The Secretary
  453  of Transportation may enroll the State of Florida in any federal
  454  pilot program or project for the collection and study of data
  455  for the review of federal or state roadway safety,
  456  infrastructure sustainability, congestion mitigation,
  457  transportation system efficiency, automated driving systems
  458  autonomous vehicle technology, or capacity challenges.
  459         Section 17. Subsection (6) of section 627.0653, Florida
  460  Statutes, is amended to read:
  461         627.0653 Insurance discounts for specified motor vehicle
  462  equipment.—
  463         (6) The Office of Insurance Regulation may approve a
  464  premium discount to any rates, rating schedules, or rating
  465  manuals for the liability, personal injury protection, and
  466  collision coverages of a motor vehicle insurance policy filed
  467  with the office if the insured vehicle is equipped with an
  468  automated driving system autonomous driving technology or
  469  electronic vehicle collision avoidance technology that is
  470  factory installed or a retrofitted system and that complies with
  471  National Highway Traffic Safety Administration standards.
  472         Section 18. Subsection (1) of section 655.960, Florida
  473  Statutes, is amended to read:
  474         655.960 Definitions; ss. 655.960-655.965.—As used in this
  475  section and ss. 655.961-655.965, unless the context otherwise
  476  requires:
  477         (1) “Access area” means any paved walkway or sidewalk which
  478  is within 50 feet of any automated teller machine. The term does
  479  not include any street or highway open to the use of the public,
  480  as defined in s. 316.003(82)(a) s. 316.003(81)(a) or (b),
  481  including any adjacent sidewalk, as defined in s. 316.003.
  482         Section 19. This act shall take effect July 1, 2019.