Florida Senate - 2018                                     SB 712
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00494E-18                                           2018712__
    1                        A bill to be entitled                      
    2         An act relating to autonomous vehicles; amending s.
    3         316.003, F.S.; defining, revising, and deleting terms;
    4         amending ss. 316.062, 316.063, 316.065, and 316.1975,
    5         F.S.; providing applicability; amending s. 316.303,
    6         F.S.; exempting an autonomous vehicle being operated
    7         in autonomous mode from a certain prohibition on the
    8         operation of a motor vehicle if the vehicle is
    9         actively displaying certain content that is visible
   10         from the driver’s seat while the vehicle is in motion;
   11         revising construction; amending s. 316.305, F.S.;
   12         exempting a motor vehicle operator who is operating an
   13         autonomous vehicle from a specified provision;
   14         amending s. 316.85, F.S.; providing that a licensed
   15         human operator is not required to operate a fully
   16         autonomous vehicle; authorizing a fully autonomous
   17         vehicle to operate in this state regardless of whether
   18         a licensed human operator is physically present in the
   19         vehicle; requiring the automated driving system to be
   20         deemed to be the operator of an autonomous vehicle
   21         operating in autonomous mode, regardless of whether a
   22         person is physically present in the vehicle while the
   23         vehicle is operating in autonomous mode; providing
   24         construction; amending s. 319.145, F.S.; revising
   25         requirements for autonomous vehicles registered in
   26         this state; specifying requirements for autonomous
   27         vehicles that are not fully autonomous and vehicles
   28         that are fully autonomous; creating s. 322.015, F.S.;
   29         providing applicability; amending s. 339.175, F.S.;
   30         requiring a long-range transportation plan to consider
   31         infrastructure and technological improvements
   32         necessary to accommodate advances in vehicle
   33         technology, such as automated driving systems;
   34         amending s. 339.64, F.S.; requiring the Department of
   35         Transportation to coordinate with certain partners and
   36         industry representatives to consider infrastructure
   37         and technological improvements necessary to
   38         accommodate advances in vehicle technology, such as
   39         automated driving systems, in Strategic Intermodal
   40         System facilities; conforming a provision to changes
   41         made by the act; amending s. 339.83, F.S.; authorizing
   42         the Secretary of Transportation to enroll the state in
   43         any federal pilot program or project for the
   44         collection and study of data for the review of
   45         automated driving systems; amending s. 627.0653, F.S.;
   46         authorizing the Office of Insurance Regulation to
   47         approve a certain premium discount for the liability,
   48         personal injury protection, and collision coverages of
   49         a motor vehicle insurance policy if the insured
   50         vehicle is equipped with an automated driving system;
   51         providing an effective date.
   52          
   53  Be It Enacted by the Legislature of the State of Florida:
   54  
   55         Section 1. Subsection (2) of section 316.003, Florida
   56  Statutes, is amended to read:
   57         316.003 Definitions.—The following words and phrases, when
   58  used in this chapter, shall have the meanings respectively
   59  ascribed to them in this section, except where the context
   60  otherwise requires:
   61         (2) AUTOMATED DRIVING SYSTEM.—The hardware and software
   62  that are collectively capable of performing the entire dynamic
   63  driving task of an autonomous vehicle on a sustained basis,
   64  regardless of whether it is limited to a specific operational
   65  design domain, as specified in SAE International Standard J3016
   66  (Revised September 2016). The term “autonomous vehicle” means
   67         AUTONOMOUS VEHICLE.—any vehicle equipped with an automated
   68  driving system designed to function at a level of driving
   69  automation of Level 3, 4, or 5, as specified in SAE
   70  International Standard J3016 (Revised September 2016). The term
   71  “fully autonomous vehicle” means a vehicle equipped with an
   72  automated driving system designed to function at a level of
   73  driving automation of Level 4 or 5, as specified in SAE
   74  International Standard J3016 (Revised September 2016) autonomous
   75  technology. The term “autonomous technology” means technology
   76  installed on a motor vehicle that has the capability to drive
   77  the vehicle on which the technology is installed without the
   78  active control or monitoring by a human operator. The term
   79  excludes a motor vehicle enabled with active safety systems or
   80  driver assistance systems, including, without limitation, a
   81  system to provide electronic blind spot assistance, crash
   82  avoidance, emergency braking, parking assistance, adaptive
   83  cruise control, lane keep assistance, lane departure warning, or
   84  traffic jam and queuing assistant, unless any such system alone
   85  or in combination with other systems enables the vehicle on
   86  which the technology is installed to drive without active
   87  control or monitoring by a human operator.
   88         Section 2. Subsection (5) is added to section 316.062,
   89  Florida Statutes, to read:
   90         316.062 Duty to give information and render aid.—
   91         (5) This section does not apply to a fully autonomous
   92  vehicle operating in autonomous mode in the event of a crash
   93  involving the vehicle if the vehicle owner, or a person on
   94  behalf of the vehicle owner, promptly contacts a law enforcement
   95  agency to report the crash or if the autonomous vehicle has the
   96  capability of alerting a law enforcement agency to the crash.
   97         Section 3. Subsection (4) is added to section 316.063,
   98  Florida Statutes, to read:
   99         316.063 Duty upon damaging unattended vehicle or other
  100  property.—
  101         (4) This section does not apply to a fully autonomous
  102  vehicle operating in autonomous mode in the event of a crash
  103  involving the vehicle if the vehicle owner, or a person on
  104  behalf of the vehicle owner, promptly contacts a law enforcement
  105  agency to report the crash or if the autonomous vehicle has the
  106  capability of alerting a law enforcement agency to the crash.
  107         Section 4. Subsection (5) is added to section 316.065,
  108  Florida Statutes, to read:
  109         316.065 Crashes; reports; penalties.—
  110         (5) Subsection (1) does not apply to a fully autonomous
  111  vehicle operating in autonomous mode in the event of a crash
  112  involving the vehicle if the vehicle owner, or a person on
  113  behalf of the vehicle owner, promptly contacts a law enforcement
  114  agency to report the crash or if the autonomous vehicle has the
  115  capability of alerting a law enforcement agency to the crash.
  116         Section 5. Subsection (3) is added to section 316.1975,
  117  Florida Statutes, to read:
  118         316.1975 Unattended motor vehicle.—
  119         (3) This section does not apply to a fully autonomous
  120  vehicle operating in autonomous mode.
  121         Section 6. Section 316.303, Florida Statutes, is amended to
  122  read:
  123         316.303 Television receivers.—
  124         (1) No motor vehicle may be operated on the highways of
  125  this state if the vehicle is actively displaying moving
  126  television broadcast or pre-recorded video entertainment content
  127  that is visible from the driver’s seat while the vehicle is in
  128  motion, unless the vehicle is an autonomous vehicle equipped
  129  with autonomous technology, as defined in s. 316.003(2), and is
  130  being operated in autonomous mode, as provided in s. 316.85(2).
  131         (2) This section does not prohibit the use of television
  132  type receiving equipment used exclusively for safety or law
  133  enforcement purposes, provided such use is approved by the
  134  department.
  135         (3) This section does not prohibit the use of an electronic
  136  display used in conjunction with a vehicle navigation system; an
  137  electronic display used by an operator of an autonomous vehicle
  138  a vehicle equipped with autonomous technology, as defined in s.
  139  316.003(2) s. 316.003; or an electronic display used by an
  140  operator of a vehicle equipped and operating with driver
  141  assistive truck platooning technology, as defined in s. 316.003.
  142         (4) A violation of this section is a noncriminal traffic
  143  infraction, punishable as a nonmoving violation as provided in
  144  chapter 318.
  145         Section 7. Paragraph (b) of subsection (3) of section
  146  316.305, Florida Statutes, is amended to read:
  147         316.305 Wireless communications devices; prohibition.—
  148         (3)
  149         (b) Paragraph (a) does not apply to a motor vehicle
  150  operator who is:
  151         1. Performing official duties as an operator of an
  152  authorized emergency vehicle as defined in s. 322.01, a law
  153  enforcement or fire service professional, or an emergency
  154  medical services professional.
  155         2. Reporting an emergency or criminal or suspicious
  156  activity to law enforcement authorities.
  157         3. Receiving messages that are:
  158         a. Related to the operation or navigation of the motor
  159  vehicle;
  160         b. Safety-related information, including emergency,
  161  traffic, or weather alerts;
  162         c. Data used primarily by the motor vehicle; or
  163         d. Radio broadcasts.
  164         4. Using a device or system for navigation purposes.
  165         5. Conducting wireless interpersonal communication that
  166  does not require manual entry of multiple letters, numbers, or
  167  symbols, except to activate, deactivate, or initiate a feature
  168  or function.
  169         6. Conducting wireless interpersonal communication that
  170  does not require reading text messages, except to activate,
  171  deactivate, or initiate a feature or function.
  172         7. Operating an autonomous vehicle, as defined in s.
  173  316.003(2) s. 316.003, in autonomous mode.
  174         Section 8. Section 316.85, Florida Statutes, is amended to
  175  read:
  176         316.85 Autonomous vehicles; operation; compliance with
  177  traffic and motor vehicle laws.—
  178         (1) Notwithstanding any other law, a licensed human
  179  operator is not required to operate a fully autonomous vehicle A
  180  person who possesses a valid driver license may operate an
  181  autonomous vehicle in autonomous mode on roads in this state if
  182  the vehicle is equipped with autonomous technology, as defined
  183  in s. 316.003(2) s. 316.003.
  184         (2) A fully autonomous vehicle may operate in this state
  185  regardless of whether a licensed human operator is physically
  186  present in the vehicle.
  187         (3)(a) For purposes of this chapter, unless the context
  188  otherwise requires, the automated driving system a person shall
  189  be deemed to be the operator of an autonomous vehicle operating
  190  in autonomous mode when the person causes the vehicle’s
  191  autonomous technology to engage, regardless of whether a the
  192  person is physically present in the vehicle while the vehicle is
  193  operating in autonomous mode.
  194         (b) Unless otherwise provided by law, applicable traffic or
  195  motor vehicle laws of this state may not be construed to:
  196         1. Prohibit the automated driving system from being deemed
  197  the operator of an autonomous vehicle operating in autonomous
  198  mode.
  199         2. Require a licensed human operator to operate a fully
  200  autonomous vehicle.
  201         Section 9. Section 319.145, Florida Statutes, is amended to
  202  read:
  203         319.145 Autonomous vehicles.—
  204         (1) An autonomous vehicle registered in this state must
  205  meet all of the following requirements:
  206         (a) Have been certified by the vehicle manufacturer as
  207  meeting continue to meet applicable federal standards and
  208  regulations for such motor vehicle at the time of its
  209  manufacture.
  210         (b) Be capable of being operated in compliance with the
  211  applicable traffic and motor vehicle laws of this state, whether
  212  or not the vehicle is operating in autonomous mode.
  213         (c) Have a means, inside the vehicle, to visually indicate
  214  when the vehicle is operating in autonomous mode.
  215         (2) If the autonomous vehicle is not fully autonomous, the
  216  vehicle must:
  217         (a) have a system to safely alert a licensed human the
  218  operator physically present in the vehicle if an automated
  219  driving system autonomous technology failure is detected while
  220  the automated driving system autonomous technology is engaged.
  221  When an alert is given, the system must:
  222         1. require the licensed human operator to take control of
  223  the autonomous vehicle; or
  224         2. If the operator does not, or is not able to, take
  225  control of the autonomous vehicle, be capable of bringing the
  226  vehicle to a complete stop.
  227         (b) Have a means, inside the vehicle, to visually indicate
  228  when the vehicle is operating in autonomous mode.
  229         (c) Be capable of being operated in compliance with the
  230  applicable traffic and motor vehicle laws of this state.
  231         (3) If the vehicle is a fully autonomous vehicle, the
  232  automated driving system must be capable of bringing the vehicle
  233  to a complete stop if a failure of the system occurs.
  234         (4)(2) Federal regulations promulgated by the National
  235  Highway Traffic Safety Administration shall supersede this
  236  section when found to be in conflict with this section.
  237         Section 10. Section 322.015, Florida Statutes, is created
  238  to read:
  239         322.015 Exemption.—The requirements of this chapter do not
  240  apply when a fully autonomous vehicle is operated in autonomous
  241  mode without a licensed human operator physically present in the
  242  vehicle.
  243         Section 11. Paragraph (c) of subsection (7) of section
  244  339.175, Florida Statutes, is amended to read:
  245         339.175 Metropolitan planning organization.—
  246         (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
  247  develop a long-range transportation plan that addresses at least
  248  a 20-year planning horizon. The plan must include both long
  249  range and short-range strategies and must comply with all other
  250  state and federal requirements. The prevailing principles to be
  251  considered in the long-range transportation plan are: preserving
  252  the existing transportation infrastructure; enhancing Florida’s
  253  economic competitiveness; and improving travel choices to ensure
  254  mobility. The long-range transportation plan must be consistent,
  255  to the maximum extent feasible, with future land use elements
  256  and the goals, objectives, and policies of the approved local
  257  government comprehensive plans of the units of local government
  258  located within the jurisdiction of the M.P.O. Each M.P.O. is
  259  encouraged to consider strategies that integrate transportation
  260  and land use planning to provide for sustainable development and
  261  reduce greenhouse gas emissions. The approved long-range
  262  transportation plan must be considered by local governments in
  263  the development of the transportation elements in local
  264  government comprehensive plans and any amendments thereto. The
  265  long-range transportation plan must, at a minimum:
  266         (c) Assess capital investment and other measures necessary
  267  to:
  268         1. Ensure the preservation of the existing metropolitan
  269  transportation system including requirements for the operation,
  270  resurfacing, restoration, and rehabilitation of major roadways
  271  and requirements for the operation, maintenance, modernization,
  272  and rehabilitation of public transportation facilities; and
  273         2. Make the most efficient use of existing transportation
  274  facilities to relieve vehicular congestion, improve safety, and
  275  maximize the mobility of people and goods. Such efforts must
  276  include, but are not limited to, consideration of infrastructure
  277  and technological improvements necessary to accommodate advances
  278  in vehicle technology, such as automated driving systems
  279  autonomous technology and other developments.
  280  
  281  In the development of its long-range transportation plan, each
  282  M.P.O. must provide the public, affected public agencies,
  283  representatives of transportation agency employees, freight
  284  shippers, providers of freight transportation services, private
  285  providers of transportation, representatives of users of public
  286  transit, and other interested parties with a reasonable
  287  opportunity to comment on the long-range transportation plan.
  288  The long-range transportation plan must be approved by the
  289  M.P.O.
  290         Section 12. Paragraph (c) of subsection (3) and paragraph
  291  (a) of subsection (4) of section 339.64, Florida Statutes, are
  292  amended to read:
  293         339.64 Strategic Intermodal System Plan.—
  294         (3)
  295         (c) The department shall coordinate with federal, regional,
  296  and local partners, as well as industry representatives, to
  297  consider infrastructure and technological improvements necessary
  298  to accommodate advances in vehicle technology, such as automated
  299  driving systems autonomous technology and other developments, in
  300  Strategic Intermodal System facilities.
  301         (4) The Strategic Intermodal System Plan shall include the
  302  following:
  303         (a) A needs assessment that must include, but is not
  304  limited to, consideration of infrastructure and technological
  305  improvements necessary to accommodate advances in vehicle
  306  technology, such as automated driving systems autonomous
  307  technology and other developments.
  308         Section 13. Section 339.83, Florida Statutes, is amended to
  309  read:
  310         339.83 Enrollment in federal pilot programs.—The Secretary
  311  of Transportation may enroll the State of Florida in any federal
  312  pilot program or project for the collection and study of data
  313  for the review of federal or state roadway safety,
  314  infrastructure sustainability, congestion mitigation,
  315  transportation system efficiency, automated driving systems
  316  autonomous vehicle technology, or capacity challenges.
  317         Section 14. Subsection (6) of section 627.0653, Florida
  318  Statutes, is amended to read:
  319         627.0653 Insurance discounts for specified motor vehicle
  320  equipment.—
  321         (6) The Office of Insurance Regulation may approve a
  322  premium discount to any rates, rating schedules, or rating
  323  manuals for the liability, personal injury protection, and
  324  collision coverages of a motor vehicle insurance policy filed
  325  with the office if the insured vehicle is equipped with an
  326  automated driving system autonomous driving technology or
  327  electronic vehicle collision avoidance technology that is
  328  factory installed or a retrofitted system and that complies with
  329  National Highway Traffic Safety Administration standards.
  330         Section 15. This act shall take effect July 1, 2018.