Florida Senate - 2019                              CS for SB 932
       
       
        
       By the Committee on Infrastructure and Security; and Senator
       Brandes
       
       
       
       
       596-03288-19                                           2019932c1
    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; authorizing the Florida Turnpike
   35         Enterprise to fund, construct, and operate certain
   36         test facilities and undertake certain research and
   37         development projects; providing requirements for
   38         operation of on-demand autonomous vehicle networks;
   39         authorizing an autonomous vehicle or fully autonomous
   40         vehicle equipped with a teleoperation system to
   41         operate without a human operator physically present in
   42         the vehicle when the teleoperation system is engaged;
   43         providing requirements for such vehicles; providing
   44         construction; providing legislative intent;
   45         prohibiting a local government from imposing any tax,
   46         fee, for-hire vehicle requirement, or other
   47         requirement on automated driving systems or autonomous
   48         vehicles or on a person who operates an autonomous
   49         vehicle; amending s. 319.145, F.S.; revising
   50         requirements for autonomous vehicles registered in
   51         this state; creating s. 322.015, F.S.; providing
   52         applicability; amending ss. 339.175, 339.64, 339.83,
   53         and 627.0653, F.S.; conforming provisions to changes
   54         made by the act; amending s. 655.960, F.S.; conforming
   55         a cross-reference; providing an effective date.
   56          
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. Section 316.0899, Florida Statutes, is created
   60  to read:
   61         316.0899 Innovative transportation technology pilot or
   62  demonstration programs.—The Department of Transportation, in
   63  consultation with the department, may conduct pilot or
   64  demonstration programs to explore the efficient implementation
   65  of innovative transportation technologies, including, but not
   66  limited to, vehicle electrification, shared vehicle use,
   67  automated vehicles, and other mobility technologies that provide
   68  transportation options intended to increase personal mobility,
   69  to facilitate shorter urban trips, or to provide connections to
   70  other modes of transportation. Such pilot or demonstration
   71  programs may also include innovative transportation technologies
   72  that improve the delivery of transportation disadvantaged
   73  services. The Department of Transportation shall prepare an
   74  annual report outlining the programs undertaken pursuant to this
   75  section. The report may include any findings or recommendations
   76  the department deems necessary for future implementation. The
   77  report must be submitted to the Governor, the President of the
   78  Senate, and the Speaker of the House of Representatives.
   79         Section 2. Paragraph (f) is added to subsection (1) of
   80  section 338.2216, Florida Statutes, to read:
   81         338.2216 Florida Turnpike Enterprise; powers and
   82  authority.—
   83         (1)
   84         (f) The Florida Turnpike Enterprise may enter into one or
   85  more agreements to fund, construct, and operate facilities for
   86  the advancement of autonomous and connected innovative
   87  transportation technologies for the purposes of improving safety
   88  and decreasing congestion for the traveling public. Such
   89  agreements may include terms that authorize a private entity to
   90  sell or provide products or business opportunities at the
   91  facilities which benefit the traveling public, provide
   92  additional revenue, or otherwise advance the enterprise’s
   93  objectives as provided in the Florida Transportation Code.
   94         Section 3. Present subsections (48) through (86) of section
   95  316.003, Florida Statutes, are redesignated as subsections (49)
   96  through (87), respectively, present subsections (87) through
   97  (101) of section 316.003, Florida Statutes, are redesignated as
   98  subsections (89) through (103), respectively, new subsections
   99  (48) and (88) are added to that section, and subsection (3) and
  100  present subsection (59) of that section are amended, to read:
  101         316.003 Definitions.—The following words and phrases, when
  102  used in this chapter, shall have the meanings respectively
  103  ascribed to them in this section, except where the context
  104  otherwise requires:
  105         (3) AUTOMATED DRIVING SYSTEM AUTONOMOUS VEHICLE.—The
  106  hardware and software that are collectively capable of
  107  performing the entire dynamic driving task of an autonomous
  108  vehicle on a sustained basis, regardless of whether it is
  109  limited to a specific operational design domain. The term:
  110         (a)“Autonomous vehicle” means any vehicle equipped with an
  111  automated driving system.
  112         (b)“Dynamic driving task” means all of the real-time
  113  operational and tactical functions required to operate a vehicle
  114  in on-road traffic within its specific operational design
  115  domain, if any, excluding strategic functions such as trip
  116  scheduling and selection of destinations and waypoints.
  117         (c)“Fully autonomous vehicle” means a vehicle equipped
  118  with an automated driving system designed to function without
  119  autonomous technology. The term “autonomous technology” means
  120  technology installed on a motor vehicle that has the capability
  121  to drive the vehicle on which the technology is installed
  122  without the active control or monitoring by a human operator.
  123  The term excludes a motor vehicle enabled with active safety
  124  systems or driver assistance systems, including, without
  125  limitation, a system to provide electronic blind spot
  126  assistance, crash avoidance, emergency braking, parking
  127  assistance, adaptive cruise control, lane keep assistance, lane
  128  departure warning, or traffic jam and queuing assistant, unless
  129  any such system alone or in combination with other systems
  130  enables the vehicle on which the technology is installed to
  131  drive without active control or monitoring by a human operator.
  132         (d)“Operational design domain” means a description of the
  133  specific operating domain in which an automated driving system
  134  is designed to properly operate, including, but not limited to,
  135  roadway types, speed ranges, environmental conditions such as
  136  weather and time of day, and other domain constraints.
  137         (48)ON-DEMAND AUTONOMOUS VEHICLE NETWORK.—A passenger
  138  transportation network that uses a software application or other
  139  digital means to connect passengers to fully autonomous
  140  vehicles, exclusively or in addition to other vehicles, for
  141  transportation, including for-hire transportation and
  142  transportation for compensation.
  143         (60)(59) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
  144  provided in paragraph (82)(b) (81)(b), any privately owned way
  145  or place used for vehicular travel by the owner and those having
  146  express or implied permission from the owner, but not by other
  147  persons.
  148         (88) TELEOPERATION SYSTEM.—The hardware and software
  149  installed in a motor vehicle which allow a remote human operator
  150  to supervise or perform aspects of, or the entirety of, the
  151  dynamic driving task. The term “remote human operator” means a
  152  natural person who is not physically present in a vehicle
  153  equipped with an automated driving system who engages or
  154  monitors the vehicle from a remote location. A remote human
  155  operator may have the ability to perform aspects of, or the
  156  entirety of, the dynamic driving task for the vehicle or cause
  157  the vehicle to achieve a minimal risk condition.
  158         Section 4. Subsection (5) is added to section 316.062,
  159  Florida Statutes, to read:
  160         316.062 Duty to give information and render aid.—
  161         (5)This section does not apply to a fully autonomous
  162  vehicle, operating with the automated driving system engaged, in
  163  the event of a crash involving the vehicle if the vehicle owner,
  164  or a person on behalf of the vehicle owner, promptly contacts a
  165  law enforcement agency to report the crash or if the fully
  166  autonomous vehicle has the capability of alerting a law
  167  enforcement agency to the crash.
  168         Section 5. Subsection (4) is added to section 316.063,
  169  Florida Statutes, to read:
  170         316.063 Duty upon damaging unattended vehicle or other
  171  property.—
  172         (4)This section does not apply to a fully autonomous
  173  vehicle, operating with the automated driving system engaged, in
  174  the event of a crash involving the vehicle if the vehicle owner,
  175  or a person on behalf of the vehicle owner, promptly contacts a
  176  law enforcement agency to report the crash or if the fully
  177  autonomous vehicle has the capability of alerting a law
  178  enforcement agency to the crash.
  179         Section 6. Subsection (5) is added to section 316.065,
  180  Florida Statutes, to read:
  181         316.065 Crashes; reports; penalties.—
  182         (5)Subsection (1) does not apply to a fully autonomous
  183  vehicle, operating with the automated driving system engaged, in
  184  the event of a crash involving the vehicle if the vehicle owner,
  185  or a person on behalf of the vehicle owner, promptly contacts a
  186  law enforcement agency to report the crash or if the fully
  187  autonomous vehicle has the capability of alerting a law
  188  enforcement agency to the crash.
  189         Section 7. Subsection (3) is added to section 316.1975,
  190  Florida Statutes, to read:
  191         316.1975 Unattended motor vehicle.—
  192         (3)This section does not apply to a fully autonomous
  193  vehicle operating with the automated driving system engaged.
  194         Section 8. Section 316.303, Florida Statutes, is amended to
  195  read:
  196         316.303 Television receivers.—
  197         (1) A No motor vehicle may not be operated on the highways
  198  of this state if the vehicle is actively displaying moving
  199  television broadcast or pre-recorded video entertainment content
  200  that is visible from the driver’s seat while the vehicle is in
  201  motion, unless the vehicle is equipped with autonomous
  202  technology, as defined in s. 316.003(3), and is being operated
  203  with the automated driving system engaged in autonomous mode, as
  204  provided in s. 316.85(2).
  205         (2) This section does not prohibit the use of television
  206  type receiving equipment used exclusively for safety or law
  207  enforcement purposes, provided such use is approved by the
  208  department.
  209         (3) This section does not prohibit the use of an electronic
  210  display used in conjunction with a vehicle navigation system; an
  211  electronic display used by an operator of an autonomous a
  212  vehicle equipped with autonomous technology, as defined in s.
  213  316.003(3); or an electronic display used by an operator of a
  214  vehicle equipped and operating with driver-assistive truck
  215  platooning technology, as defined in s. 316.003.
  216         (4) A violation of this section is a noncriminal traffic
  217  infraction, punishable as a nonmoving violation as provided in
  218  chapter 318.
  219         Section 9. Paragraph (b) of subsection (3) of section
  220  316.305, Florida Statutes, is amended to read:
  221         316.305 Wireless communications devices; prohibition.—
  222         (3)
  223         (b) Paragraph (a) does not apply to a motor vehicle
  224  operator who is:
  225         1. Performing official duties as an operator of an
  226  authorized emergency vehicle as defined in s. 322.01, a law
  227  enforcement or fire service professional, or an emergency
  228  medical services professional.
  229         2. Reporting an emergency or criminal or suspicious
  230  activity to law enforcement authorities.
  231         3. Receiving messages that are:
  232         a. Related to the operation or navigation of the motor
  233  vehicle;
  234         b. Safety-related information, including emergency,
  235  traffic, or weather alerts;
  236         c. Data used primarily by the motor vehicle; or
  237         d. Radio broadcasts.
  238         4. Using a device or system for navigation purposes.
  239         5. Conducting wireless interpersonal communication that
  240  does not require manual entry of multiple letters, numbers, or
  241  symbols, except to activate, deactivate, or initiate a feature
  242  or function.
  243         6. Conducting wireless interpersonal communication that
  244  does not require reading text messages, except to activate,
  245  deactivate, or initiate a feature or function.
  246         7. Operating an autonomous vehicle, as defined in s.
  247  316.003(3) s. 316.003, with the automated driving system engaged
  248  in autonomous mode.
  249         Section 10. Section 316.85, Florida Statutes, is amended to
  250  read:
  251         316.85 Autonomous vehicles; operation; compliance with
  252  traffic and motor vehicle laws; testing; preemption.—
  253         (1) Notwithstanding any other law, a licensed human
  254  operator is not required to operate a fully autonomous vehicle A
  255  person who possesses a valid driver license may operate an
  256  autonomous vehicle in autonomous mode on roads in this state if
  257  the vehicle is equipped with autonomous technology, as defined
  258  in s. 316.003(3) s. 316.003.
  259         (2)A fully autonomous vehicle may operate in this state
  260  regardless of whether a human operator is physically present in
  261  the vehicle.
  262         (3)(a)(2) For purposes of this chapter, unless the context
  263  otherwise requires, the automated driving system, when engaged,
  264  a person shall be deemed to be the operator of an autonomous
  265  vehicle operating in autonomous mode when the person causes the
  266  vehicle’s autonomous technology to engage, regardless of whether
  267  a the person is physically present in the vehicle while the
  268  vehicle is operating with the automated driving system engaged
  269  in autonomous mode.
  270         (b)Unless otherwise provided by law, applicable traffic or
  271  motor vehicle laws of this state may not be construed to:
  272         1.Prohibit the automated driving system from being deemed
  273  the operator of an autonomous vehicle operating with the
  274  automated driving system engaged.
  275         2.Require a licensed human operator to operate a fully
  276  autonomous vehicle.
  277         (4)The Florida Turnpike Enterprise may fund, construct,
  278  and operate test facilities and undertake research and
  279  development projects for the advancement of autonomous and
  280  connected innovative transportation technology solutions for the
  281  purposes of improving safety and decreasing congestion for the
  282  traveling public and to otherwise advance the objectives of the
  283  Florida Turnpike Enterprise as set forth in the Florida
  284  Transportation Code.
  285         (5)An on-demand autonomous vehicle network may operate
  286  pursuant to state laws governing the operation of transportation
  287  network companies and transportation network company vehicles as
  288  defined in s. 627.748, except that any provision of s. 627.748
  289  which reasonably applies only to a human driver does not apply
  290  to the operation of a fully autonomous vehicle with the
  291  automated driving system engaged in an on-demand autonomous
  292  vehicle network.
  293         (6) Notwithstanding any other provision of this chapter, an
  294  autonomous vehicle or a fully autonomous vehicle equipped with a
  295  teleoperation system may operate without a human operator
  296  physically present in the vehicle when the teleoperation system
  297  is engaged. A vehicle that is subject to this subsection must
  298  meet the requirements of s. 319.145 and is considered a vehicle
  299  that meets the definition of s. 316.003(3)(c) for the purposes
  300  of ss. 316.062(5), 316.063(4), 316.065(5), 316.1975(3), and
  301  316.303(1).
  302         (7) It is the intent of the Legislature to provide for
  303  uniformity of laws governing autonomous vehicles throughout the
  304  state. A local government may not impose any tax, fee, for-hire
  305  vehicle requirement, or other requirement on automated driving
  306  systems or autonomous vehicles or on a person who operates an
  307  autonomous vehicle, including, but not limited to, a person who
  308  operates an autonomous vehicle for purposes of providing
  309  passenger transportation services.
  310         Section 11. Section 319.145, Florida Statutes, is amended
  311  to read:
  312         319.145 Autonomous vehicles.—
  313         (1) An autonomous vehicle registered in this state must
  314  continue to meet all of the following requirements:
  315         (a)When required by federal law:
  316         1.Has been certified in accordance with federal
  317  regulations in 49 C.F.R. part 567 as being in compliance with
  318  applicable federal motor vehicle safety standards.
  319         2.Bear the required certification label or labels,
  320  including reference to any exemption granted under applicable
  321  federal law.
  322         (b)Be capable of being operated in compliance with the
  323  applicable traffic and motor vehicle laws of this state,
  324  regardless of whether the vehicle is operating with the
  325  automated driving system engaged.
  326         (2)If the autonomous vehicle is not fully autonomous,
  327  applicable federal standards and regulations for such motor
  328  vehicle. the vehicle must:
  329         (a) have a system to safely alert a licensed human the
  330  operator physically present in the vehicle if an automated
  331  driving system autonomous technology failure is detected while
  332  the automated driving system autonomous technology is engaged.
  333  When an alert is given, the system must:
  334         1. require the licensed human operator to take control of
  335  the autonomous vehicle or must achieve a minimal risk condition;
  336  or
  337         2.If the operator does not, or is not able to, take
  338  control of the autonomous vehicle, be capable of bringing the
  339  vehicle to a complete stop.
  340         (b)Have a means, inside the vehicle, to visually indicate
  341  when the vehicle is operating in autonomous mode.
  342         (c)Be capable of being operated in compliance with the
  343  applicable traffic and motor vehicle laws of this state.
  344         (3)If the autonomous vehicle is fully autonomous, it must
  345  be able to achieve a minimal risk condition if a failure of the
  346  automated driving system occurs which renders that system unable
  347  to perform the entire dynamic driving task relevant to its
  348  intended operational design domain. The term “minimal risk
  349  condition” means a reasonably safe state, such as bringing the
  350  vehicle to a complete stop and activating the vehicle’s hazard
  351  lamps.
  352         (4)(2) Federal regulations promulgated by the National
  353  Highway Traffic Safety Administration shall supersede this
  354  section when found to be in conflict with this section.
  355         Section 12. Section 322.015, Florida Statutes, is created
  356  to read:
  357         322.015Exemption.—This chapter does not apply when a fully
  358  autonomous vehicle is operated with the automated driving system
  359  engaged and without a human operator.
  360         Section 13. Paragraph (c) of subsection (7) of section
  361  339.175, Florida Statutes, is amended to read:
  362         339.175 Metropolitan planning organization.—
  363         (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
  364  develop a long-range transportation plan that addresses at least
  365  a 20-year planning horizon. The plan must include both long
  366  range and short-range strategies and must comply with all other
  367  state and federal requirements. The prevailing principles to be
  368  considered in the long-range transportation plan are: preserving
  369  the existing transportation infrastructure; enhancing Florida’s
  370  economic competitiveness; and improving travel choices to ensure
  371  mobility. The long-range transportation plan must be consistent,
  372  to the maximum extent feasible, with future land use elements
  373  and the goals, objectives, and policies of the approved local
  374  government comprehensive plans of the units of local government
  375  located within the jurisdiction of the M.P.O. Each M.P.O. is
  376  encouraged to consider strategies that integrate transportation
  377  and land use planning to provide for sustainable development and
  378  reduce greenhouse gas emissions. The approved long-range
  379  transportation plan must be considered by local governments in
  380  the development of the transportation elements in local
  381  government comprehensive plans and any amendments thereto. The
  382  long-range transportation plan must, at a minimum:
  383         (c) Assess capital investment and other measures necessary
  384  to:
  385         1. Ensure the preservation of the existing metropolitan
  386  transportation system including requirements for the operation,
  387  resurfacing, restoration, and rehabilitation of major roadways
  388  and requirements for the operation, maintenance, modernization,
  389  and rehabilitation of public transportation facilities; and
  390         2. Make the most efficient use of existing transportation
  391  facilities to relieve vehicular congestion, improve safety, and
  392  maximize the mobility of people and goods. Such efforts must
  393  include, but are not limited to, consideration of infrastructure
  394  and technological improvements necessary to accommodate advances
  395  in vehicle technology, such as automated driving systems
  396  autonomous technology and other developments.
  397  
  398  In the development of its long-range transportation plan, each
  399  M.P.O. must provide the public, affected public agencies,
  400  representatives of transportation agency employees, freight
  401  shippers, providers of freight transportation services, private
  402  providers of transportation, representatives of users of public
  403  transit, and other interested parties with a reasonable
  404  opportunity to comment on the long-range transportation plan.
  405  The long-range transportation plan must be approved by the
  406  M.P.O.
  407         Section 14. Paragraph (c) of subsection (3) and paragraph
  408  (a) of subsection (4) of section 339.64, Florida Statutes, are
  409  amended to read:
  410         339.64 Strategic Intermodal System Plan.—
  411         (3)
  412         (c) The department shall coordinate with federal, regional,
  413  and local partners, as well as industry representatives, to
  414  consider infrastructure and technological improvements necessary
  415  to accommodate advances in vehicle technology, such as automated
  416  driving systems autonomous technology and other developments, in
  417  Strategic Intermodal System facilities.
  418         (4) The Strategic Intermodal System Plan shall include the
  419  following:
  420         (a) A needs assessment that must include, but is not
  421  limited to, consideration of infrastructure and technological
  422  improvements necessary to accommodate advances in vehicle
  423  technology, such as automated driving systems autonomous
  424  technology and other developments.
  425         Section 15. Section 339.83, Florida Statutes, is amended to
  426  read:
  427         339.83 Enrollment in federal pilot programs.—The Secretary
  428  of Transportation may enroll the State of Florida in any federal
  429  pilot program or project for the collection and study of data
  430  for the review of federal or state roadway safety,
  431  infrastructure sustainability, congestion mitigation,
  432  transportation system efficiency, automated driving systems
  433  autonomous vehicle technology, or capacity challenges.
  434         Section 16. Subsection (6) of section 627.0653, Florida
  435  Statutes, is amended to read:
  436         627.0653 Insurance discounts for specified motor vehicle
  437  equipment.—
  438         (6) The Office of Insurance Regulation may approve a
  439  premium discount to any rates, rating schedules, or rating
  440  manuals for the liability, personal injury protection, and
  441  collision coverages of a motor vehicle insurance policy filed
  442  with the office if the insured vehicle is equipped with an
  443  automated driving system autonomous driving technology or
  444  electronic vehicle collision avoidance technology that is
  445  factory installed or a retrofitted system and that complies with
  446  National Highway Traffic Safety Administration standards.
  447         Section 17. Subsection (1) of section 655.960, Florida
  448  Statutes, is amended to read:
  449         655.960 Definitions; ss. 655.960-655.965.—As used in this
  450  section and ss. 655.961-655.965, unless the context otherwise
  451  requires:
  452         (1) “Access area” means any paved walkway or sidewalk which
  453  is within 50 feet of any automated teller machine. The term does
  454  not include any street or highway open to the use of the public,
  455  as defined in s. 316.003(82)(a) s. 316.003(81)(a) or (b),
  456  including any adjacent sidewalk, as defined in s. 316.003.
  457         Section 18. This act shall take effect July 1, 2019.