Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 932
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Infrastructure and Security (Brandes)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 136 - 261
    4  and insert:
    5  motion, unless the vehicle is equipped with autonomous
    6  technology, as defined in s. 316.003(3), and is being operated
    7  with the automated driving system engaged in autonomous mode, as
    8  provided in s. 316.85(2).
    9         (2) This section does not prohibit the use of television
   10  type receiving equipment used exclusively for safety or law
   11  enforcement purposes, provided such use is approved by the
   12  department.
   13         (3) This section does not prohibit the use of an electronic
   14  display used in conjunction with a vehicle navigation system; an
   15  electronic display used by an operator of an autonomous a
   16  vehicle equipped with autonomous technology, as defined in s.
   17  316.003(3); or an electronic display used by an operator of a
   18  vehicle equipped and operating with driver-assistive truck
   19  platooning technology, as defined in s. 316.003.
   20         (4) A violation of this section is a noncriminal traffic
   21  infraction, punishable as a nonmoving violation as provided in
   22  chapter 318.
   23         Section 7. Paragraph (b) of subsection (3) of section
   24  316.305, Florida Statutes, is amended to read:
   25         316.305 Wireless communications devices; prohibition.—
   26         (3)
   27         (b) Paragraph (a) does not apply to a motor vehicle
   28  operator who is:
   29         1. Performing official duties as an operator of an
   30  authorized emergency vehicle as defined in s. 322.01, a law
   31  enforcement or fire service professional, or an emergency
   32  medical services professional.
   33         2. Reporting an emergency or criminal or suspicious
   34  activity to law enforcement authorities.
   35         3. Receiving messages that are:
   36         a. Related to the operation or navigation of the motor
   37  vehicle;
   38         b. Safety-related information, including emergency,
   39  traffic, or weather alerts;
   40         c. Data used primarily by the motor vehicle; or
   41         d. Radio broadcasts.
   42         4. Using a device or system for navigation purposes.
   43         5. Conducting wireless interpersonal communication that
   44  does not require manual entry of multiple letters, numbers, or
   45  symbols, except to activate, deactivate, or initiate a feature
   46  or function.
   47         6. Conducting wireless interpersonal communication that
   48  does not require reading text messages, except to activate,
   49  deactivate, or initiate a feature or function.
   50         7. Operating an autonomous vehicle, as defined in s.
   51  316.003(3) s. 316.003, with the automated driving system engaged
   52  in autonomous mode.
   53         Section 8. Section 316.85, Florida Statutes, is amended to
   54  read:
   55         316.85 Autonomous vehicles; operation; compliance with
   56  traffic and motor vehicle laws; testing; preemption.—
   57         (1) Notwithstanding any other law, a licensed human
   58  operator is not required to operate a fully autonomous vehicle A
   59  person who possesses a valid driver license may operate an
   60  autonomous vehicle in autonomous mode on roads in this state if
   61  the vehicle is equipped with autonomous technology, as defined
   62  in s. 316.003(3) s. 316.003.
   63         (2)A fully autonomous vehicle may operate in this state
   64  regardless of whether a human operator is physically present in
   65  the vehicle.
   66         (3)(a)(2) For purposes of this chapter, unless the context
   67  otherwise requires, the automated driving system, when engaged,
   68  a person shall be deemed to be the operator of an autonomous
   69  vehicle operating in autonomous mode when the person causes the
   70  vehicle’s autonomous technology to engage, regardless of whether
   71  a the person is physically present in the vehicle while the
   72  vehicle is operating with the automated driving system engaged
   73  in autonomous mode.
   74         (b)Unless otherwise provided by law, applicable traffic or
   75  motor vehicle laws of this state may not be construed to:
   76         1.Prohibit the automated driving system from being deemed
   77  the operator of an autonomous vehicle operating with the
   78  automated driving system engaged.
   79         2.Require a licensed human operator to operate a fully
   80  autonomous vehicle.
   81         (4)The Florida Turnpike Enterprise may fund, construct,
   82  and operate test facilities and undertake research and
   83  development projects for the advancement of autonomous and
   84  connected innovative transportation technology solutions for the
   85  purposes of improving safety and decreasing congestion for the
   86  traveling public and to otherwise advance the objectives of the
   87  Florida Turnpike Enterprise as set forth in the Florida
   88  Transportation Code.
   89         (5)An on-demand autonomous vehicle network may operate
   90  pursuant to state laws governing the operation of transportation
   91  network companies and transportation network company vehicles as
   92  defined in s. 627.748, except that any provision of s. 627.748
   93  which reasonably applies only to a human driver does not apply
   94  to the operation of a fully autonomous vehicle with the
   95  automated driving system engaged in an on-demand autonomous
   96  vehicle network.
   97         (6) It is the intent of the Legislature to provide for
   98  uniformity of laws governing autonomous vehicles throughout the
   99  state. A local government may not impose any tax, fee, for-hire
  100  vehicle requirement, or other requirement on automated driving
  101  systems or autonomous vehicles or on a person who operates an
  102  autonomous vehicle, including, but not limited to, a person who
  103  operates an autonomous vehicle for purposes of providing
  104  passenger transportation services.
  105         Section 9. Section 319.145, Florida Statutes, is amended to
  106  read:
  107         319.145 Autonomous vehicles.—
  108         (1) An autonomous vehicle registered in this state must
  109  continue to meet all of the following requirements:
  110         (a)When required by federal law:
  111         1.Has been certified in accordance with federal
  112  regulations in 49 C.F.R. part 567 as being in compliance with
  113  applicable federal motor vehicle safety standards or has been
  114  granted an exemption.
  115         2.Bear the required certification label or labels,
  116  including reference to any exemption granted under applicable
  117  federal law.
  118         (b)Be capable of being operated in compliance with the
  119  applicable traffic and motor vehicle laws of this state,
  120  regardless of whether the vehicle is operating with the
  121  automated driving system engaged.
  122         (2)If the autonomous vehicle is not fully autonomous,
  123  applicable federal standards and regulations for such motor
  124  vehicle. the vehicle must:
  125         (a) have a system to safely alert a licensed human the
  126  operator physically present in the vehicle if an automated
  127  driving system autonomous technology failure is detected while
  128  the automated driving system autonomous technology is engaged.
  129  When an alert is given, the system must:
  130         1. require the licensed human operator to take control of
  131  the autonomous vehicle or must achieve a minimal risk condition;
  132  or
  134  ================= T I T L E  A M E N D M E N T ================
  135  And the title is amended as follows:
  136         Delete lines 6 - 7
  137  and insert:
  138         F.S.; exempting a vehicle being operated with the
  139         automated driving system engaged