Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. SB 1768
       
       
       
       
       
       
                                Barcode 297952                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             03/09/2012 11:46 AM       .                                
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       Senator Negron moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Vehicles equipped with autonomous technology;
    6  intent.—
    7         (1) As used in this section, the term “autonomous
    8  technology” means technology installed on a motor vehicle that
    9  has the capability to drive the vehicle on which the technology
   10  is installed without the active control or monitoring by a human
   11  operator. The term excludes a motor vehicle enabled with active
   12  safety systems or driver assistance systems, including, without
   13  limitation, a system to provide electronic blind spot
   14  assistance, crash avoidance, emergency braking, parking
   15  assistance, adaptive cruise control, lane keep assistance, lane
   16  departure warning, or traffic jam and queuing assistant, unless
   17  any such system alone or in combination with other systems
   18  enables the vehicle on which the technology is installed to
   19  drive without the active control or monitoring by a human
   20  operator.
   21         (2) It is the intent of the Legislature to encourage the
   22  safe development, testing, and operation of motor vehicles with
   23  autonomous technology on the public roads of the state. The
   24  Legislature finds that the state does not prohibit or
   25  specifically regulate the testing or operation of autonomous
   26  technology in motor vehicles on public roads.
   27         Section 2. Subsection (89) is added to section 316.003,
   28  Florida Statutes, to read:
   29         316.003 Definitions.—The following words and phrases, when
   30  used in this chapter, shall have the meanings respectively
   31  ascribed to them in this section, except where the context
   32  otherwise requires:
   33         (89) AUTONOMOUS VEHICLE.—Any vehicle equipped with
   34  autonomous technology. The term “autonomous technology” means
   35  technology installed on a motor vehicle that has the capability
   36  to drive the vehicle on which the technology is installed
   37  without the active control or monitoring by a human operator.
   38  The term excludes a motor vehicle enabled with active safety
   39  systems or driver assistance systems, including, without
   40  limitation, a system to provide electronic blind spot
   41  assistance, crash avoidance, emergency braking, parking
   42  assistance, adaptive cruise control, lane keep assistance, lane
   43  departure warning, or traffic jam and queuing assistant, unless
   44  any such system alone or in combination with other systems
   45  enables the vehicle on which the technology is installed to
   46  drive without the active control or monitoring by a human
   47  operator.
   48         Section 3. Section 316.85, Florida Statutes, is created to
   49  read:
   50         316.85 Autonomous vehicles; operation.—
   51         (1) A person who possesses a valid driver license may
   52  operate an autonomous vehicle in autonomous mode.
   53         (2) For purposes of this chapter, unless the context
   54  otherwise requires, a person shall be deemed to be the operator
   55  of an autonomous vehicle operating in autonomous mode when the
   56  person causes the vehicle’s autonomous technology to engage,
   57  regardless of whether the person is physically present in the
   58  vehicle while the vehicle is operating in autonomous mode.
   59         Section 4. Section 319.145, Florida Statutes, is created to
   60  read:
   61         319.145 Autonomous vehicles.—
   62         (1) An autonomous vehicle registered in this state must
   63  continue to meet federal standards and regulations for a motor
   64  vehicle. The vehicle shall:
   65         (a) Have a means to engage and disengage the autonomous
   66  technology which is easily accessible to the operator.
   67         (b) Have a means, inside the vehicle, to visually indicate
   68  when the vehicle is operating in autonomous mode.
   69         (c) Have a means to alert the operator of the vehicle if a
   70  technology failure affecting the ability of the vehicle to
   71  safely operate autonomously is detected while the vehicle is
   72  operating autonomously in order to indicate to the operator to
   73  take control of the vehicle.
   74         (d) Be capable of being operated in compliance with the
   75  applicable traffic and motor vehicle laws of this state.
   76         (2) Federal regulations promulgated by the National Highway
   77  Traffic Safety Administration shall supersede this section when
   78  found to be in conflict with this section.
   79         Section 5. (1) Vehicles equipped with autonomous technology
   80  may be operated on roads in this state by employees,
   81  contractors, or other persons designated by manufacturers of
   82  autonomous technology for the purpose of testing the technology.
   83  For testing purposes, a human operator shall be present in the
   84  autonomous vehicle such that he or she has the ability to
   85  monitor the vehicle’s performance and intervene, if necessary,
   86  unless the vehicle is being tested or demonstrated on a closed
   87  course. Prior to the start of testing in this state, the entity
   88  performing the testing must submit to the Department of Highway
   89  Safety and Motor Vehicles an instrument of insurance, surety
   90  bond, or proof of self-insurance acceptable to the department in
   91  the amount of $5 million.
   92         (2) The original manufacturer of a vehicle converted by a
   93  third party into an autonomous vehicle shall not be liable in,
   94  and shall have a defense to and be dismissed from, any legal
   95  action brought against the original manufacturer by any person
   96  injured due to an alleged vehicle defect caused by the
   97  conversion of the vehicle, or by equipment installed by the
   98  converter, unless the alleged defect was present in the vehicle
   99  as originally manufactured.
  100         (3) By February 12, 2014, the Department of Highway Safety
  101  and Motor Vehicles shall submit a report to the President of the
  102  Senate and the Speaker of the House of Representatives
  103  recommending additional legislative or regulatory action that
  104  may be required for the safe testing and operation of motor
  105  vehicles equipped with autonomous technology.
  106         Section 6. This act shall take effect July 1, 2012.
  107  
  108  ================= T I T L E  A M E N D M E N T ================
  109         And the title is amended as follows:
  110         Delete everything before the enacting clause
  111  and insert:
  112                        A bill to be entitled                      
  113         An act relating to vehicles with autonomous
  114         technology; defining the term “autonomous technology”;
  115         providing legislative intent and findings; amending s.
  116         316.003, F.S.; defining the terms “autonomous vehicle”
  117         and “autonomous technology” when used in provisions
  118         for traffic control; creating s. 316.85, F.S.;
  119         authorizing a person who possesses a valid driver
  120         license to operate an autonomous vehicle; specifying
  121         that the person who causes the vehicle’s autonomous
  122         technology to engage is the operator; creating s.
  123         319.145, F.S.; requiring an autonomous vehicle
  124         registered in this state to meet federal standards and
  125         regulations for a motor vehicle; specifying certain
  126         requirements for such vehicle; providing for the
  127         application of certain federal regulations;
  128         authorizing the operation of vehicles equipped with
  129         autonomous technology by certain persons for testing
  130         purposes under certain conditions; requiring an
  131         instrument of insurance, surety bond, or self
  132         insurance prior to the testing of a vehicle; limiting
  133         liability of the original manufacturer of a vehicle
  134         converted to an autonomous vehicle; directing the
  135         Department of Highway Safety and Motor Vehicles to
  136         prepare a report on the safe testing and operation of
  137         vehicles equipped with autonomous technology and
  138         submit the report to the Legislature by a certain
  139         date; providing an effective date.