Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 932
       
       
       
       
       
       
                                Ì5710940Î571094                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/22/2019           .                                
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       The Committee on Infrastructure and Security (Brandes)
       recommended the following:
       
    1         Senate Substitute for Amendment (491470) (with title
    2  amendment)
    3  
    4         Delete lines 41 - 261
    5  and insert:
    6         Section 1. Present subsections (48) through (86) of section
    7  316.003, Florida Statutes, are redesignated as subsections (49)
    8  through (87), respectively, present subsections (87) through
    9  (101) of section 316.003, Florida Statutes, are redesignated as
   10  subsections (89) through (103), respectively, new subsections
   11  (48) and (88) are added to that section, and subsection (3) and
   12  present subsection (59) of that section are amended, to read:
   13         316.003 Definitions.—The following words and phrases, when
   14  used in this chapter, shall have the meanings respectively
   15  ascribed to them in this section, except where the context
   16  otherwise requires:
   17         (3) AUTOMATED DRIVING SYSTEM AUTONOMOUS VEHICLE.—The
   18  hardware and software that are collectively capable of
   19  performing the entire dynamic driving task of an autonomous
   20  vehicle on a sustained basis, regardless of whether it is
   21  limited to a specific operational design domain. The term:
   22         (a)“Autonomous vehicle” means any vehicle equipped with an
   23  automated driving system.
   24         (b)“Dynamic driving task” means all of the real-time
   25  operational and tactical functions required to operate a vehicle
   26  in on-road traffic within its specific operational design
   27  domain, if any, excluding strategic functions such as trip
   28  scheduling and selection of destinations and waypoints.
   29         (c)“Fully autonomous vehicle” means a vehicle equipped
   30  with an automated driving system designed to function without
   31  autonomous technology. The term “autonomous technology” means
   32  technology installed on a motor vehicle that has the capability
   33  to drive the vehicle on which the technology is installed
   34  without the active control or monitoring by a human operator.
   35  The term excludes a motor vehicle enabled with active safety
   36  systems or driver assistance systems, including, without
   37  limitation, a system to provide electronic blind spot
   38  assistance, crash avoidance, emergency braking, parking
   39  assistance, adaptive cruise control, lane keep assistance, lane
   40  departure warning, or traffic jam and queuing assistant, unless
   41  any such system alone or in combination with other systems
   42  enables the vehicle on which the technology is installed to
   43  drive without active control or monitoring by a human operator.
   44         (d)“Operational design domain” means a description of the
   45  specific operating domain in which an automated driving system
   46  is designed to properly operate, including, but not limited to,
   47  roadway types, speed ranges, environmental conditions such as
   48  weather and time of day, and other domain constraints.
   49         (48)ON-DEMAND AUTONOMOUS VEHICLE NETWORK.—A passenger
   50  transportation network that uses a software application or other
   51  digital means to connect passengers to fully autonomous
   52  vehicles, exclusively or in addition to other vehicles, for
   53  transportation, including for-hire transportation and
   54  transportation for compensation.
   55         (60)(59) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
   56  provided in paragraph (82)(b) (81)(b), any privately owned way
   57  or place used for vehicular travel by the owner and those having
   58  express or implied permission from the owner, but not by other
   59  persons.
   60         (88) TELEOPERATION SYSTEM.The hardware and software
   61  installed in a motor vehicle which allow a remote human operator
   62  to supervise or perform aspects of, or the entirety of, the
   63  dynamic driving task. The term “remote human operator” means a
   64  natural person who is not physically present in a vehicle
   65  equipped with an automated driving system who engages or
   66  monitors the vehicle from a remote location. A remote human
   67  operator may have the ability to perform aspects of, or the
   68  entirety of, the dynamic driving task for the vehicle or cause
   69  the vehicle to achieve a minimal risk condition.
   70         Section 2. Subsection (5) is added to section 316.062,
   71  Florida Statutes, to read:
   72         316.062 Duty to give information and render aid.—
   73         (5)This section does not apply to a fully autonomous
   74  vehicle, operating with the automated driving system engaged, in
   75  the event of a crash involving the vehicle if the vehicle owner,
   76  or a person on behalf of the vehicle owner, promptly contacts a
   77  law enforcement agency to report the crash or if the fully
   78  autonomous vehicle has the capability of alerting a law
   79  enforcement agency to the crash.
   80         Section 3. Subsection (4) is added to section 316.063,
   81  Florida Statutes, to read:
   82         316.063 Duty upon damaging unattended vehicle or other
   83  property.—
   84         (4)This section does not apply to a fully autonomous
   85  vehicle, operating with the automated driving system engaged, in
   86  the event of a crash involving the vehicle if the vehicle owner,
   87  or a person on behalf of the vehicle owner, promptly contacts a
   88  law enforcement agency to report the crash or if the fully
   89  autonomous vehicle has the capability of alerting a law
   90  enforcement agency to the crash.
   91         Section 4. Subsection (5) is added to section 316.065,
   92  Florida Statutes, to read:
   93         316.065 Crashes; reports; penalties.—
   94         (5)Subsection (1) does not apply to a fully autonomous
   95  vehicle, operating with the automated driving system engaged, in
   96  the event of a crash involving the vehicle if the vehicle owner,
   97  or a person on behalf of the vehicle owner, promptly contacts a
   98  law enforcement agency to report the crash or if the fully
   99  autonomous vehicle has the capability of alerting a law
  100  enforcement agency to the crash.
  101         Section 5. Subsection (3) is added to section 316.1975,
  102  Florida Statutes, to read:
  103         316.1975 Unattended motor vehicle.—
  104         (3)This section does not apply to a fully autonomous
  105  vehicle operating with the automated driving system engaged.
  106         Section 6. Section 316.303, Florida Statutes, is amended to
  107  read:
  108         316.303 Television receivers.—
  109         (1) A No motor vehicle may not be operated on the highways
  110  of this state if the vehicle is actively displaying moving
  111  television broadcast or pre-recorded video entertainment content
  112  that is visible from the driver’s seat while the vehicle is in
  113  motion, unless the vehicle is equipped with autonomous
  114  technology, as defined in s. 316.003(3), and is being operated
  115  with the automated driving system engaged in autonomous mode, as
  116  provided in s. 316.85(2).
  117         (2) This section does not prohibit the use of television
  118  type receiving equipment used exclusively for safety or law
  119  enforcement purposes, provided such use is approved by the
  120  department.
  121         (3) This section does not prohibit the use of an electronic
  122  display used in conjunction with a vehicle navigation system; an
  123  electronic display used by an operator of an autonomous a
  124  vehicle equipped with autonomous technology, as defined in s.
  125  316.003(3); or an electronic display used by an operator of a
  126  vehicle equipped and operating with driver-assistive truck
  127  platooning technology, as defined in s. 316.003.
  128         (4) A violation of this section is a noncriminal traffic
  129  infraction, punishable as a nonmoving violation as provided in
  130  chapter 318.
  131         Section 7. Paragraph (b) of subsection (3) of section
  132  316.305, Florida Statutes, is amended to read:
  133         316.305 Wireless communications devices; prohibition.—
  134         (3)
  135         (b) Paragraph (a) does not apply to a motor vehicle
  136  operator who is:
  137         1. Performing official duties as an operator of an
  138  authorized emergency vehicle as defined in s. 322.01, a law
  139  enforcement or fire service professional, or an emergency
  140  medical services professional.
  141         2. Reporting an emergency or criminal or suspicious
  142  activity to law enforcement authorities.
  143         3. Receiving messages that are:
  144         a. Related to the operation or navigation of the motor
  145  vehicle;
  146         b. Safety-related information, including emergency,
  147  traffic, or weather alerts;
  148         c. Data used primarily by the motor vehicle; or
  149         d. Radio broadcasts.
  150         4. Using a device or system for navigation purposes.
  151         5. Conducting wireless interpersonal communication that
  152  does not require manual entry of multiple letters, numbers, or
  153  symbols, except to activate, deactivate, or initiate a feature
  154  or function.
  155         6. Conducting wireless interpersonal communication that
  156  does not require reading text messages, except to activate,
  157  deactivate, or initiate a feature or function.
  158         7. Operating an autonomous vehicle, as defined in s.
  159  316.003(3) s. 316.003, with the automated driving system engaged
  160  in autonomous mode.
  161         Section 8. Section 316.85, Florida Statutes, is amended to
  162  read:
  163         316.85 Autonomous vehicles; operation; compliance with
  164  traffic and motor vehicle laws; testing; preemption.—
  165         (1) Notwithstanding any other law, a licensed human
  166  operator is not required to operate a fully autonomous vehicle A
  167  person who possesses a valid driver license may operate an
  168  autonomous vehicle in autonomous mode on roads in this state if
  169  the vehicle is equipped with autonomous technology, as defined
  170  in s. 316.003(3) s. 316.003.
  171         (2)A fully autonomous vehicle may operate in this state
  172  regardless of whether a human operator is physically present in
  173  the vehicle.
  174         (3)(a)(2) For purposes of this chapter, unless the context
  175  otherwise requires, the automated driving system, when engaged,
  176  a person shall be deemed to be the operator of an autonomous
  177  vehicle operating in autonomous mode when the person causes the
  178  vehicle’s autonomous technology to engage, regardless of whether
  179  a the person is physically present in the vehicle while the
  180  vehicle is operating with the automated driving system engaged
  181  in autonomous mode.
  182         (b)Unless otherwise provided by law, applicable traffic or
  183  motor vehicle laws of this state may not be construed to:
  184         1.Prohibit the automated driving system from being deemed
  185  the operator of an autonomous vehicle operating with the
  186  automated driving system engaged.
  187         2.Require a licensed human operator to operate a fully
  188  autonomous vehicle.
  189         (4)The Florida Turnpike Enterprise may fund, construct,
  190  and operate test facilities and undertake research and
  191  development projects for the advancement of autonomous and
  192  connected innovative transportation technology solutions for the
  193  purposes of improving safety and decreasing congestion for the
  194  traveling public and to otherwise advance the objectives of the
  195  Florida Turnpike Enterprise as set forth in the Florida
  196  Transportation Code.
  197         (5)An on-demand autonomous vehicle network may operate
  198  pursuant to state laws governing the operation of transportation
  199  network companies and transportation network company vehicles as
  200  defined in s. 627.748, except that any provision of s. 627.748
  201  which reasonably applies only to a human driver does not apply
  202  to the operation of a fully autonomous vehicle with the
  203  automated driving system engaged in an on-demand autonomous
  204  vehicle network.
  205         (6) Notwithstanding any other provision of this chapter, an
  206  autonomous vehicle or a fully autonomous vehicle equipped with a
  207  teleoperation system may operate without a human operator
  208  physically present in the vehicle when the teleoperation system
  209  is engaged. A vehicle that is subject to this subsection must
  210  meet the requirements of s. 319.145 and is considered a vehicle
  211  that meets the definition of s. 316.003(3)(c) for the purposes
  212  of ss. 316.062(5), 316.063(4), 316.065(5), 316.1975(3), and
  213  316.303(1).
  214         (7) It is the intent of the Legislature to provide for
  215  uniformity of laws governing autonomous vehicles throughout the
  216  state. A local government may not impose any tax, fee, for-hire
  217  vehicle requirement, or other requirement on automated driving
  218  systems or autonomous vehicles or on a person who operates an
  219  autonomous vehicle, including, but not limited to, a person who
  220  operates an autonomous vehicle for purposes of providing
  221  passenger transportation services.
  222         Section 9. Section 319.145, Florida Statutes, is amended to
  223  read:
  224         319.145 Autonomous vehicles.—
  225         (1) An autonomous vehicle registered in this state must
  226  continue to meet all of the following requirements:
  227         (a)When required by federal law:
  228         1.Has been certified in accordance with federal
  229  regulations in 49 C.F.R. part 567 as being in compliance with
  230  applicable federal motor vehicle safety standards.
  231         2.Bear the required certification label or labels,
  232  including reference to any exemption granted under applicable
  233  federal law.
  234         (b)Be capable of being operated in compliance with the
  235  applicable traffic and motor vehicle laws of this state,
  236  regardless of whether the vehicle is operating with the
  237  automated driving system engaged.
  238         (2)If the autonomous vehicle is not fully autonomous,
  239  applicable federal standards and regulations for such motor
  240  vehicle. the vehicle must:
  241         (a) have a system to safely alert a licensed human the
  242  operator physically present in the vehicle if an automated
  243  driving system autonomous technology failure is detected while
  244  the automated driving system autonomous technology is engaged.
  245  When an alert is given, the system must:
  246         1. require the licensed human operator to take control of
  247  the autonomous vehicle or must achieve a minimal risk condition;
  248  or
  249  
  250  ================= T I T L E  A M E N D M E N T ================
  251  And the title is amended as follows:
  252         Delete lines 6 - 25
  253  and insert:
  254         F.S.; exempting a vehicle being operated with the
  255         automated driving system engaged from a prohibition on
  256         the active display of television or video; amending s.
  257         316.305, F.S.; exempting a motor vehicle operator who
  258         is operating an autonomous vehicle from a prohibition
  259         on the use of wireless communications devices;
  260         amending s. 316.85, F.S.; providing that a licensed
  261         human operator is not required to operate a fully
  262         autonomous vehicle; authorizing a fully autonomous
  263         vehicle to operate in this state regardless of whether
  264         a human operator is physically present in the vehicle;
  265         requiring the automated driving system to be deemed to
  266         be the operator of an autonomous vehicle operating
  267         with the automated driving system engaged; providing
  268         construction; authorizing the Florida Turnpike
  269         Enterprise to fund, construct, and operate certain
  270         test facilities and undertake certain research and
  271         development projects; providing requirements for
  272         operation of on-demand autonomous vehicle networks;
  273         authorizing an autonomous vehicle or fully autonomous
  274         vehicle equipped with a teleoperation system to
  275         operate without a human operator physically present in
  276         the vehicle when the teleoperation system is engaged;
  277         providing requirements for such vehicles; providing
  278         construction;