Florida Senate - 2017 SENATOR AMENDMENT Bill No. CS/CS/CS/HB 545, 1st Eng. Ì350486>Î350486 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 05/04/2017 06:30 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Rouson moved the following: 1 Senate Amendment to Amendment (183848) (with title 2 amendment) 3 4 Delete lines 389 - 421 5 and insert: 6 Section 9. 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 2497 - 2511 97 and insert: 98 child restraint device requirements are met; amending 99 s. 316.85, F.S.; requiring the owner of an autonomous 100 vehicle, or another person on behalf of the owner, as 101 a prerequisite to the registration and operation of an 102 autonomous vehicle on the public streets and highways 103 of this state, to establish and continuously maintain 104 a certain motor vehicle liability policy; providing 105 requirements for the motor vehicle liability policy; 106 providing requirements for insurers of the motor 107 vehicle liability policy; requiring the autonomous 108 vehicle to carry in the vehicle proof of coverage 109 satisfying certain requirements at all times while 110 operating in autonomous mode; providing applicability; 111 providing 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.