Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 932
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  03/20/2019           .                                

       The Committee on Infrastructure and Security (Cruz) recommended
       the following:
    1         Senate Amendment to Amendment (571094) (with title
    2  amendment)
    4         Delete lines 174 - 248
    5  and insert:
    6         (3)(a)(2) For purposes of this chapter, unless the context
    7  otherwise requires, the owner of the vehicle a person shall be
    8  deemed to be the operator of an autonomous vehicle operating in
    9  autonomous mode when the person causes the vehicle’s autonomous
   10  technology to engage, regardless of whether a the person is
   11  physically present in the vehicle while the vehicle is operating
   12  with the automated driving system engaged in autonomous mode.
   13         (b) Unless otherwise provided by law, applicable traffic or
   14  motor vehicle laws of this state may not be construed to:
   15         1. Prohibit the owner or remote operator from being deemed
   16  the operator of an autonomous vehicle operating with the
   17  automated driving system engaged.
   18         2. Require a licensed human operator to operate a fully
   19  autonomous vehicle.
   20         (4) The Florida Turnpike Enterprise may fund, construct,
   21  and operate test facilities for the advancement of autonomous
   22  and connected innovative transportation technology solutions for
   23  the purposes of improving safety and decreasing congestion for
   24  the traveling public and to otherwise advance the objectives of
   25  the Florida Turnpike Enterprise as set forth in the Florida
   26  Transportation Code.
   27         (5) An on-demand autonomous vehicle network may operate
   28  pursuant to state laws governing the operation of transportation
   29  network companies and transportation network company vehicles as
   30  defined in s. 627.748, except that any provision of s. 627.748
   31  which reasonably applies only to a human driver applies to the
   32  owner of a fully autonomous vehicle with the automated driving
   33  system engaged in an on-demand autonomous vehicle network.
   34         (6)(a) The owner, manufacturer, and remote operator of the
   35  autonomous vehicle are liable for damages caused by any bodily
   36  injury, death, or property damage resulting from an accident
   37  involving the autonomous vehicle if, at the time of the
   38  accident, the autonomous vehicle was operating in autonomous
   39  mode and the automated driving system failed to perform like a
   40  reasonably prudent human operator would under similar
   41  circumstances.
   42         (b) The remedies provided in this section are in addition
   43  to any other remedies provided by law.
   44         (7) The data captured and stored by an autonomous vehicle,
   45  including by its sensors, cameras, and similar recording
   46  devices, in the 5 minutes preceding a crash must be preserved
   47  for a period of 4 years following a collision with another
   48  vehicle, a person, or an object while the vehicle is operating
   49  in autonomous mode. The vehicle manufacturer or owner shall,
   50  within 30 days of a request, provide the preserved data relating
   51  to the vehicle’s performance, speed, braking, steering,
   52  maneuvers, and outside surroundings, including all data
   53  regarding the detection of other vehicles, pedestrians,
   54  wildlife, or other objects, to any law enforcement agency and
   55  any person, or the authorized representative of that person, who
   56  is alleged to have suffered bodily injury, death, or property
   57  damage as a result of such a collision. The manufacturer and
   58  owner may withhold the production of data collected from the
   59  vehicle’s occupant cabin from internal cameras or microphones
   60  which they, in good faith, believe to be protected by applicable
   61  privacy rights, but shall notify the requester in writing that
   62  information is being withheld on this basis when responding to
   63  the request. The manufacturer and owner must continue to
   64  preserve the withheld data for the required timeframe. This
   65  section does not abrogate or displace common law or federal law
   66  regarding the duty to preserve data or evidence relating to a
   67  motor vehicle crash or respond to properly served discovery
   68  requests or court orders.
   69         (8) Each manufacturer of an autonomous vehicle is required
   70  to generate incident reports for any accident that may have
   71  caused bodily injury, death, or property damage, and which
   72  involved an autonomous vehicle operating in autonomous mode at
   73  the time of an accident. The manufacturer must provide the
   74  department with the incident report within 10 days after the
   75  accident. The report shall be in the form and format and contain
   76  any information required by the department.
   77         Section 9. Section 319.145, Florida Statutes, is amended to
   78  read:
   79         319.145 Autonomous vehicles.—
   80         (1) An autonomous vehicle registered in this state must
   81  continue to meet all of the following requirements:
   82         (a) When required by federal law:
   83         1. Have been certified in accordance with federal
   84  regulations in 49 C.F.R. part 567 as being in compliance with
   85  applicable federal motor vehicle safety standards.
   86         2. Bear the required certification label or labels
   87  including reference to any exemption granted under applicable
   88  federal law.
   89         (b) Be capable of being operated in compliance with the
   90  applicable traffic and motor vehicle laws of this state,
   91  regardless of whether the vehicle is operating with the
   92  automated driving system engaged.
   93         (c) Have a means to clearly indicate, both to persons
   94  inside and outside of the vehicle, when the vehicle is operating
   95  in autonomous mode.
   96         (2) If the autonomous vehicle is not fully autonomous,
   97  applicable federal standards and regulations for such motor
   98  vehicle. the vehicle must:
   99         (a) have a system to safely alert a licensed human the
  100  operator physically present in the vehicle if an automated
  101  driving system autonomous technology failure is detected while
  102  the automated driving system autonomous technology is engaged.
  103  When an alert is given, the system must:
  104         1. require the licensed human operator to take control of
  105  the autonomous vehicle; or
  107  ================= T I T L E  A M E N D M E N T ================
  108  And the title is amended as follows:
  109         Delete lines 252 - 278
  110  and insert:
  111         Delete lines 6 - 26
  112  and insert:
  113         F.S.; exempting a vehicle being operated with the
  114         automated driving system engaged from a prohibition on
  115         the active display of television or video; amending s.
  116         316.305, F.S.; exempting a motor vehicle operator who
  117         is operating an autonomous vehicle from a prohibition
  118         on the use of wireless communications devices;
  119         amending s. 316.85, F.S.; providing that a licensed
  120         human operator is not required to operate a fully
  121         autonomous vehicle; authorizing a fully autonomous
  122         vehicle to operate in this state regardless of whether
  123         a human operator is physically present in the vehicle;
  124         requiring the owner of the vehicle to be deemed to be
  125         the operator of an autonomous vehicle operating with
  126         the automated driving system engaged; providing
  127         construction; authorizing the Florida Turnpike
  128         Enterprise to fund, construct, and operate certain
  129         test facilities and undertake certain research and
  130         development projects; providing requirements for
  131         operation of on-demand autonomous vehicle networks;
  132         providing that the owner, manufacturer, and remote
  133         operator of the autonomous vehicle are liable for
  134         certain damages; providing for remedies; providing
  135         requirements for certain data captured and stored by
  136         an autonomous vehicle preceding a crash; requiring
  137         each manufacturer of an autonomous vehicle to generate
  138         incident reports for certain accidents and provide
  139         such reports to the Department of Highway Safety and
  140         Motor Vehicles within a specified timeframe;
  141         prohibiting a local