Florida Senate - 2019                                     SB 932
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00811A-19                                           2019932__
    1                        A bill to be entitled                      
    2         An act relating to autonomous vehicles; amending s.
    3         316.003, F.S.; revising and providing definitions;
    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 a fully autonomous vehicle being
    7         operated with the automated driving system engaged
    8         from a prohibition on the active display of television
    9         or video; amending s. 316.305, F.S.; exempting a motor
   10         vehicle operator who is operating an autonomous
   11         vehicle from a prohibition on the use of wireless
   12         communications devices; amending s. 316.85, F.S.;
   13         providing that a licensed human operator is not
   14         required to operate a fully autonomous vehicle;
   15         authorizing a fully autonomous vehicle to operate in
   16         this state regardless of whether a human operator is
   17         physically present in the vehicle; requiring the
   18         automated driving system to be deemed to be the
   19         operator of an autonomous vehicle operating with the
   20         automated driving system engaged; providing
   21         construction; authorizing the Florida Turnpike
   22         Enterprise to fund, construct, and operate certain
   23         test facilities and undertake certain research and
   24         development projects; providing requirements for
   25         operation of on-demand autonomous vehicle networks;
   26         providing legislative intent; prohibiting a local
   27         government from imposing any tax, fee, for-hire
   28         vehicle requirement, or other requirement on automated
   29         driving systems or autonomous vehicles or on a person
   30         who operates an autonomous vehicle; amending s.
   31         319.145, F.S.; revising requirements for autonomous
   32         vehicles registered in this state; creating s.
   33         322.015, F.S.; providing applicability; amending ss.
   34         339.175, 339.64, 339.83, and 627.0653, F.S.;
   35         conforming provisions to changes made by the act;
   36         amending s. 655.960, F.S.; conforming a cross
   37         reference; providing an effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Present subsections (48) through (101) of
   42  section 316.003, Florida Statutes, are renumbered as subsections
   43  (49) through (102), respectively, subsection (3) and present
   44  subsection (59) are amended, and a new subsection (48) is added
   45  to that section, to read:
   46         316.003 Definitions.—The following words and phrases, when
   47  used in this chapter, shall have the meanings respectively
   48  ascribed to them in this section, except where the context
   49  otherwise requires:
   50         (3) AUTOMATED DRIVING SYSTEM AUTONOMOUS VEHICLE.—The
   51  hardware and software that are collectively capable of
   52  performing the entire dynamic driving task of an autonomous
   53  vehicle on a sustained basis, regardless of whether it is
   54  limited to a specific operational design domain. The term:
   55         (a)“Autonomous vehicle” means any vehicle equipped with an
   56  automated driving system.
   57         (b)“Dynamic driving task” means all of the real-time
   58  operational and tactical functions required to operate a vehicle
   59  in on-road traffic within its specific operational design
   60  domain, if any, excluding strategic functions such as trip
   61  scheduling and selection of destinations and waypoints.
   62         (c)“Fully autonomous vehicle” means a vehicle equipped
   63  with an automated driving system designed to function without
   64  autonomous technology. The term “autonomous technology” means
   65  technology installed on a motor vehicle that has the capability
   66  to drive the vehicle on which the technology is installed
   67  without the active control or monitoring by a human operator.
   68  The term excludes a motor vehicle enabled with active safety
   69  systems or driver assistance systems, including, without
   70  limitation, a system to provide electronic blind spot
   71  assistance, crash avoidance, emergency braking, parking
   72  assistance, adaptive cruise control, lane keep assistance, lane
   73  departure warning, or traffic jam and queuing assistant, unless
   74  any such system alone or in combination with other systems
   75  enables the vehicle on which the technology is installed to
   76  drive without active control or monitoring by a human operator.
   77         (d)“Operational design domain” means a description of the
   78  specific operating domain in which an automated driving system
   79  is designed to properly operate, including, but not limited to,
   80  roadway types, speed ranges, environmental conditions such as
   81  weather and time of day, and other domain constraints.
   82         (48)ON-DEMAND AUTONOMOUS VEHICLE NETWORK.—A passenger
   83  transportation network that uses a software application or other
   84  digital means to connect passengers to fully autonomous
   85  vehicles, exclusively or in addition to other vehicles, for
   86  transportation, including for-hire transportation and
   87  transportation for compensation.
   88         (60)(59) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
   89  provided in paragraph (82)(b) (81)(b), any privately owned way
   90  or place used for vehicular travel by the owner and those having
   91  express or implied permission from the owner, but not by other
   92  persons.
   93         Section 2. Subsection (5) is added to section 316.062,
   94  Florida Statutes, to read:
   95         316.062 Duty to give information and render aid.—
   96         (5)This section does not apply to a fully autonomous
   97  vehicle, operating with the automated driving system engaged, in
   98  the event of a crash involving the vehicle if the vehicle owner,
   99  or a person on behalf of the vehicle owner, promptly contacts a
  100  law enforcement agency to report the crash or if the fully
  101  autonomous vehicle has the capability of alerting a law
  102  enforcement agency to the crash.
  103         Section 3. Subsection (4) is added to section 316.063,
  104  Florida Statutes, to read:
  105         316.063 Duty upon damaging unattended vehicle or other
  106  property.—
  107         (4)This section does not apply to a fully autonomous
  108  vehicle, operating with the automated driving system engaged, in
  109  the event of a crash involving the vehicle if the vehicle owner,
  110  or a person on behalf of the vehicle owner, promptly contacts a
  111  law enforcement agency to report the crash or if the fully
  112  autonomous vehicle has the capability of alerting a law
  113  enforcement agency to the crash.
  114         Section 4. Subsection (5) is added to section 316.065,
  115  Florida Statutes, to read:
  116         316.065 Crashes; reports; penalties.—
  117         (5)Subsection (1) does not apply to a fully autonomous
  118  vehicle, operating with the automated driving system engaged, in
  119  the event of a crash involving the vehicle if the vehicle owner,
  120  or a person on behalf of the vehicle owner, promptly contacts a
  121  law enforcement agency to report the crash or if the fully
  122  autonomous vehicle has the capability of alerting a law
  123  enforcement agency to the crash.
  124         Section 5. Subsection (3) is added to section 316.1975,
  125  Florida Statutes, to read:
  126         316.1975 Unattended motor vehicle.—
  127         (3)This section does not apply to a fully autonomous
  128  vehicle operating with the automated driving system engaged.
  129         Section 6. Section 316.303, Florida Statutes, is amended to
  130  read:
  131         316.303 Television receivers.—
  132         (1) A No motor vehicle may not be operated on the highways
  133  of this state if the vehicle is actively displaying moving
  134  television broadcast or pre-recorded video entertainment content
  135  that is visible from the driver’s seat while the vehicle is in
  136  motion, unless the vehicle is a fully equipped with autonomous
  137  vehicle technology, as defined in s. 316.003(3), and is being
  138  operated with the automated driving system engaged in autonomous
  139  mode, as provided in s. 316.85(2).
  140         (2) This section does not prohibit the use of television
  141  type receiving equipment used exclusively for safety or law
  142  enforcement purposes, provided such use is approved by the
  143  department.
  144         (3) This section does not prohibit the use of an electronic
  145  display used in conjunction with a vehicle navigation system; an
  146  electronic display used by an operator of an autonomous a
  147  vehicle equipped with autonomous technology, as defined in s.
  148  316.003(3); or an electronic display used by an operator of a
  149  vehicle equipped and operating with driver-assistive truck
  150  platooning technology, as defined in s. 316.003.
  151         (4) A violation of this section is a noncriminal traffic
  152  infraction, punishable as a nonmoving violation as provided in
  153  chapter 318.
  154         Section 7. Paragraph (b) of subsection (3) of section
  155  316.305, Florida Statutes, is amended to read:
  156         316.305 Wireless communications devices; prohibition.—
  157         (3)
  158         (b) Paragraph (a) does not apply to a motor vehicle
  159  operator who is:
  160         1. Performing official duties as an operator of an
  161  authorized emergency vehicle as defined in s. 322.01, a law
  162  enforcement or fire service professional, or an emergency
  163  medical services professional.
  164         2. Reporting an emergency or criminal or suspicious
  165  activity to law enforcement authorities.
  166         3. Receiving messages that are:
  167         a. Related to the operation or navigation of the motor
  168  vehicle;
  169         b. Safety-related information, including emergency,
  170  traffic, or weather alerts;
  171         c. Data used primarily by the motor vehicle; or
  172         d. Radio broadcasts.
  173         4. Using a device or system for navigation purposes.
  174         5. Conducting wireless interpersonal communication that
  175  does not require manual entry of multiple letters, numbers, or
  176  symbols, except to activate, deactivate, or initiate a feature
  177  or function.
  178         6. Conducting wireless interpersonal communication that
  179  does not require reading text messages, except to activate,
  180  deactivate, or initiate a feature or function.
  181         7. Operating an autonomous vehicle, as defined in s.
  182  316.003(3) s. 316.003, with the automated driving system engaged
  183  in autonomous mode.
  184         Section 8. Section 316.85, Florida Statutes, is amended to
  185  read:
  186         316.85 Autonomous vehicles; operation; compliance with
  187  traffic and motor vehicle laws; testing; preemption.—
  188         (1) Notwithstanding any other law, a licensed human
  189  operator is not required to operate a fully autonomous vehicle A
  190  person who possesses a valid driver license may operate an
  191  autonomous vehicle in autonomous mode on roads in this state if
  192  the vehicle is equipped with autonomous technology, as defined
  193  in s. 316.003(3) s. 316.003.
  194         (2)A fully autonomous vehicle may operate in this state
  195  regardless of whether a human operator is physically present in
  196  the vehicle.
  197         (3)(a)(2) For purposes of this chapter, unless the context
  198  otherwise requires, the automated driving system, when engaged,
  199  a person shall be deemed to be the operator of an autonomous
  200  vehicle operating in autonomous mode when the person causes the
  201  vehicle’s autonomous technology to engage, regardless of whether
  202  a the person is physically present in the vehicle while the
  203  vehicle is operating with the automated driving system engaged
  204  in autonomous mode.
  205         (b)Unless otherwise provided by law, applicable traffic or
  206  motor vehicle laws of this state may not be construed to:
  207         1.Prohibit the automated driving system from being deemed
  208  the operator of an autonomous vehicle operating with the
  209  automated driving system engaged.
  210         2.Require a licensed human operator to operate a fully
  211  autonomous vehicle.
  212         (4)The Florida Turnpike Enterprise may fund, construct,
  213  and operate test facilities and undertake research and
  214  development projects for the advancement of autonomous and
  215  connected innovative transportation technology solutions for the
  216  purposes of improving safety and decreasing congestion for the
  217  traveling public and to otherwise advance the objectives of the
  218  Florida Turnpike Enterprise as set forth in the Florida
  219  Transportation Code.
  220         (5)An on-demand autonomous vehicle network may operate
  221  pursuant to state laws governing the operation of transportation
  222  network companies and transportation network company vehicles as
  223  defined in s. 627.748, except that any provision of s. 627.748
  224  which reasonably applies only to a human driver does not apply
  225  to the operation of a fully autonomous vehicle with the
  226  automated driving system engaged in an on-demand autonomous
  227  vehicle network.
  228         (6) It is the intent of the Legislature to provide for
  229  uniformity of laws governing autonomous vehicles throughout the
  230  state. A local government may not impose any tax, fee, for-hire
  231  vehicle requirement, or other requirement on automated driving
  232  systems or autonomous vehicles or on a person who operates an
  233  autonomous vehicle, including, but not limited to, a person who
  234  operates an autonomous vehicle for purposes of providing
  235  passenger transportation services.
  236         Section 9. Section 319.145, Florida Statutes, is amended to
  237  read:
  238         319.145 Autonomous vehicles.—
  239         (1) An autonomous vehicle registered in this state must
  240  continue to meet all of the following requirements:
  241         (a)When required by federal law:
  242         1.Has been certified in accordance with federal
  243  regulations in 49 C.F.R. part 567 as being in compliance with
  244  applicable federal motor vehicle safety standards.
  245         2.Bear the required certification label or labels,
  246  including reference to any exemption granted under applicable
  247  federal law.
  248         (b)Be capable of being operated in compliance with the
  249  applicable traffic and motor vehicle laws of this state,
  250  regardless of whether the vehicle is operating with the
  251  automated driving system engaged.
  252         (2)If the autonomous vehicle is not fully autonomous,
  253  applicable federal standards and regulations for such motor
  254  vehicle. the vehicle must:
  255         (a) have a system to safely alert a licensed human the
  256  operator physically present in the vehicle if an automated
  257  driving system autonomous technology failure is detected while
  258  the automated driving system autonomous technology is engaged.
  259  When an alert is given, the system must:
  260         1. require the licensed human operator to take control of
  261  the autonomous vehicle; or
  262         2.If the operator does not, or is not able to, take
  263  control of the autonomous vehicle, be capable of bringing the
  264  vehicle to a complete stop.
  265         (b)Have a means, inside the vehicle, to visually indicate
  266  when the vehicle is operating in autonomous mode.
  267         (c)Be capable of being operated in compliance with the
  268  applicable traffic and motor vehicle laws of this state.
  269         (3)If the autonomous vehicle is fully autonomous, it must
  270  be able to achieve a minimal risk condition if a failure of the
  271  automated driving system occurs which renders that system unable
  272  to perform the entire dynamic driving task relevant to its
  273  intended operational design domain. The term “minimal risk
  274  condition” means a reasonably safe state, such as bringing the
  275  vehicle to a complete stop and activating the vehicle’s hazard
  276  lamps.
  277         (4)(2) Federal regulations promulgated by the National
  278  Highway Traffic Safety Administration shall supersede this
  279  section when found to be in conflict with this section.
  280         Section 10. Section 322.015, Florida Statutes, is created
  281  to read:
  282         322.015Exemption.—This chapter does not apply when a fully
  283  autonomous vehicle is operated with the automated driving system
  284  engaged and without a human operator.
  285         Section 11. Paragraph (c) of subsection (7) of section
  286  339.175, Florida Statutes, is amended to read:
  287         339.175 Metropolitan planning organization.—
  288         (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
  289  develop a long-range transportation plan that addresses at least
  290  a 20-year planning horizon. The plan must include both long
  291  range and short-range strategies and must comply with all other
  292  state and federal requirements. The prevailing principles to be
  293  considered in the long-range transportation plan are: preserving
  294  the existing transportation infrastructure; enhancing Florida’s
  295  economic competitiveness; and improving travel choices to ensure
  296  mobility. The long-range transportation plan must be consistent,
  297  to the maximum extent feasible, with future land use elements
  298  and the goals, objectives, and policies of the approved local
  299  government comprehensive plans of the units of local government
  300  located within the jurisdiction of the M.P.O. Each M.P.O. is
  301  encouraged to consider strategies that integrate transportation
  302  and land use planning to provide for sustainable development and
  303  reduce greenhouse gas emissions. The approved long-range
  304  transportation plan must be considered by local governments in
  305  the development of the transportation elements in local
  306  government comprehensive plans and any amendments thereto. The
  307  long-range transportation plan must, at a minimum:
  308         (c) Assess capital investment and other measures necessary
  309  to:
  310         1. Ensure the preservation of the existing metropolitan
  311  transportation system including requirements for the operation,
  312  resurfacing, restoration, and rehabilitation of major roadways
  313  and requirements for the operation, maintenance, modernization,
  314  and rehabilitation of public transportation facilities; and
  315         2. Make the most efficient use of existing transportation
  316  facilities to relieve vehicular congestion, improve safety, and
  317  maximize the mobility of people and goods. Such efforts must
  318  include, but are not limited to, consideration of infrastructure
  319  and technological improvements necessary to accommodate advances
  320  in vehicle technology, such as automated driving systems
  321  autonomous technology and other developments.
  322  
  323  In the development of its long-range transportation plan, each
  324  M.P.O. must provide the public, affected public agencies,
  325  representatives of transportation agency employees, freight
  326  shippers, providers of freight transportation services, private
  327  providers of transportation, representatives of users of public
  328  transit, and other interested parties with a reasonable
  329  opportunity to comment on the long-range transportation plan.
  330  The long-range transportation plan must be approved by the
  331  M.P.O.
  332         Section 12. Paragraph (c) of subsection (3) and paragraph
  333  (a) of subsection (4) of section 339.64, Florida Statutes, are
  334  amended to read:
  335         339.64 Strategic Intermodal System Plan.—
  336         (3)
  337         (c) The department shall coordinate with federal, regional,
  338  and local partners, as well as industry representatives, to
  339  consider infrastructure and technological improvements necessary
  340  to accommodate advances in vehicle technology, such as automated
  341  driving systems autonomous technology and other developments, in
  342  Strategic Intermodal System facilities.
  343         (4) The Strategic Intermodal System Plan shall include the
  344  following:
  345         (a) A needs assessment that must include, but is not
  346  limited to, consideration of infrastructure and technological
  347  improvements necessary to accommodate advances in vehicle
  348  technology, such as automated driving systems autonomous
  349  technology and other developments.
  350         Section 13. Section 339.83, Florida Statutes, is amended to
  351  read:
  352         339.83 Enrollment in federal pilot programs.—The Secretary
  353  of Transportation may enroll the State of Florida in any federal
  354  pilot program or project for the collection and study of data
  355  for the review of federal or state roadway safety,
  356  infrastructure sustainability, congestion mitigation,
  357  transportation system efficiency, automated driving systems
  358  autonomous vehicle technology, or capacity challenges.
  359         Section 14. Subsection (6) of section 627.0653, Florida
  360  Statutes, is amended to read:
  361         627.0653 Insurance discounts for specified motor vehicle
  362  equipment.—
  363         (6) The Office of Insurance Regulation may approve a
  364  premium discount to any rates, rating schedules, or rating
  365  manuals for the liability, personal injury protection, and
  366  collision coverages of a motor vehicle insurance policy filed
  367  with the office if the insured vehicle is equipped with an
  368  automated driving system autonomous driving technology or
  369  electronic vehicle collision avoidance technology that is
  370  factory installed or a retrofitted system and that complies with
  371  National Highway Traffic Safety Administration standards.
  372         Section 15. Subsection (1) of section 655.960, Florida
  373  Statutes, is amended to read:
  374         655.960 Definitions; ss. 655.960-655.965.—As used in this
  375  section and ss. 655.961-655.965, unless the context otherwise
  376  requires:
  377         (1) “Access area” means any paved walkway or sidewalk which
  378  is within 50 feet of any automated teller machine. The term does
  379  not include any street or highway open to the use of the public,
  380  as defined in s. 316.003(82)(a) s. 316.003(81)(a) or (b),
  381  including any adjacent sidewalk, as defined in s. 316.003.
  382         Section 16. This act shall take effect July 1, 2019.