Florida Senate - 2021                             CS for SB 1620
       
       
        
       By the Committee on Transportation; and Senator Brandes
       
       
       
       
       
       596-02645-21                                          20211620c1
    1                        A bill to be entitled                      
    2         An act relating to autonomous vehicles; amending s.
    3         316.003, F.S.; defining the term “low-speed autonomous
    4         delivery vehicle”; amending s. 316.2122, F.S.;
    5         authorizing the operation of a low-speed autonomous
    6         delivery vehicle on certain streets and roads;
    7         providing construction; authorizing the operation of a
    8         low-speed autonomous delivery vehicle on streets or
    9         roads with a posted speed limit of up to 45 miles per
   10         hour under specified conditions; providing
   11         requirements for low-speed autonomous delivery
   12         vehicles; amending s. 316.215, F.S.; providing that
   13         certain fully autonomous vehicles are not subject to
   14         certain provisions of law or regulations; amending ss.
   15         316.306 and 655.960, F.S.; conforming cross
   16         references; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Present subsections (38) through (105) of
   21  section 316.003, Florida Statutes, are redesignated as
   22  subsections (39) through (106), respectively, a new subsection
   23  (38) is added to that section, and present subsection (62) of
   24  that section is amended, to read:
   25         316.003 Definitions.—The following words and phrases, when
   26  used in this chapter, shall have the meanings respectively
   27  ascribed to them in this section, except where the context
   28  otherwise requires:
   29         (38) LOW-SPEED AUTONOMOUS DELIVERY VEHICLE.—A fully
   30  autonomous vehicle that meets the definition of a low-speed
   31  vehicle in 49 C.F.R. s. 571.3.
   32         (63)(62) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
   33  provided in paragraph (85)(b) (84)(b), any privately owned way
   34  or place used for vehicular travel by the owner and those having
   35  express or implied permission from the owner, but not by other
   36  persons.
   37         Section 2. Section 316.2122, Florida Statutes, is amended
   38  to read:
   39         316.2122 Operation of a low-speed vehicle, or mini truck,
   40  or low-speed autonomous delivery vehicle on certain roadways.—
   41         (1) The operation of a low-speed vehicle as defined in s.
   42  320.01 or a mini truck as defined in s. 320.01 on any road is
   43  authorized with the following restrictions:
   44         (a)(1) A low-speed vehicle or mini truck may be operated
   45  only on streets where the posted speed limit is 35 miles per
   46  hour or less. This does not prohibit a low-speed vehicle or mini
   47  truck from crossing a road or street at an intersection where
   48  the road or street has a posted speed limit of more than 35
   49  miles per hour.
   50         (b)(2) A low-speed vehicle must be equipped with headlamps,
   51  stop lamps, turn signal lamps, taillamps, reflex reflectors,
   52  parking brakes, rearview mirrors, windshields, seat belts, and
   53  vehicle identification numbers.
   54         (c)(3) A low-speed vehicle or mini truck must be registered
   55  and insured in accordance with s. 320.02 and titled pursuant to
   56  chapter 319.
   57         (d)(4) Any person operating a low-speed vehicle or mini
   58  truck must have in his or her possession a valid driver license.
   59         (2)The operation of a low-speed autonomous delivery
   60  vehicle on any road is authorized with the following
   61  restrictions:
   62         (a)A low-speed autonomous delivery vehicle may operate
   63  only on streets or roads where the posted speed limit is 35
   64  miles per hour or less. This paragraph does not prohibit a low
   65  speed autonomous delivery vehicle from crossing a road or street
   66  at an intersection where the road or street has a posted speed
   67  limit of more than 35 miles per hour.
   68         (b)A low-speed autonomous delivery vehicle may operate on
   69  a street or road with a posted speed limit of more than 35 miles
   70  per hour, but no more than 45 miles per hour, if:
   71         1.The low-speed autonomous delivery vehicle travels no
   72  more than 1 continuous mile on such a street or road, except
   73  that the vehicle may travel in excess of 1 continuous mile if
   74  authorized by the entity with jurisdiction over the street or
   75  road;
   76         2.The low-speed autonomous delivery vehicle operates
   77  exclusively in the right lane, other than for the purpose of
   78  completing a turn; and
   79         3.On a two-lane street or road where overtaking and
   80  passing another vehicle is unsafe because of traffic moving in
   81  the opposite direction or because of other unsafe conditions,
   82  and five or more vehicles are formed in a line behind the
   83  autonomous delivery vehicle, the low-speed autonomous delivery
   84  vehicle exits the roadway wherever a sufficient area for a safe
   85  turn-out exists, to permit the vehicles following to proceed.
   86         (c)A low-speed autonomous delivery vehicle must be
   87  equipped with headlamps, stop lamps, turn signal lamps,
   88  taillamps, reflex reflectors, and vehicle identification
   89  numbers.
   90         (d) Federal regulations adopted by the National Highway
   91  Traffic Safety Administration shall supersede this subsection
   92  when found to be in conflict with this subsection.
   93         (e) A low-speed autonomous delivery vehicle must be covered
   94  by a policy of automobile insurance which provides the coverage
   95  required by s. 627.749(2)(a)1., 2., and 3. The coverage
   96  requirements of this paragraph may be satisfied by automobile
   97  insurance maintained by the owner of a low-speed autonomous
   98  delivery vehicle, the owner of the teleoperation system, the
   99  remote human operator, or a combination thereof.
  100         (3)(5) A county or municipality may prohibit the operation
  101  of low-speed vehicles or mini trucks on any road under its
  102  jurisdiction if the governing body of the county or municipality
  103  determines that such prohibition is necessary in the interest of
  104  safety.
  105         (4)(6) The Department of Transportation may prohibit the
  106  operation of low-speed vehicles or mini trucks on any road under
  107  its jurisdiction if it determines that such prohibition is
  108  necessary in the interest of safety.
  109         Section 3. Present subsection (6) of section 316.215,
  110  Florida Statutes, is redesignated as subsection (7), a new
  111  subsection (6) is added to that section, and present subsection
  112  (6) is republished, to read:
  113         316.215 Scope and effect of regulations.—
  114         (6)The provisions of any motor vehicle equipment laws or
  115  regulations of this state which relate to or support motor
  116  vehicle operation by a human driver but are not relevant for an
  117  automated driving system shall not apply to fully autonomous
  118  vehicles that are designed to be operated exclusively by the
  119  automated driving system for all trips.
  120         (7)(6) A violation of this section is a noncriminal traffic
  121  infraction, punishable as a nonmoving violation as provided in
  122  chapter 318.
  123         Section 4. Paragraph (a) of subsection (3) of section
  124  316.306, Florida Statutes, is amended to read:
  125         316.306 School and work zones; prohibition on the use of a
  126  wireless communications device in a handheld manner.—
  127         (3)(a)1. A person may not operate a motor vehicle while
  128  using a wireless communications device in a handheld manner in a
  129  designated school crossing, school zone, or work zone area as
  130  defined in s. 316.003(106) s. 316.003(105). This subparagraph
  131  shall only be applicable to work zone areas if construction
  132  personnel are present or are operating equipment on the road or
  133  immediately adjacent to the work zone area. For the purposes of
  134  this paragraph, a motor vehicle that is stationary is not being
  135  operated and is not subject to the prohibition in this
  136  paragraph.
  137         2.a. During the period from October 1, 2019, through
  138  December 31, 2019, a law enforcement officer may stop motor
  139  vehicles to issue verbal or written warnings to persons who are
  140  in violation of subparagraph 1. for the purposes of informing
  141  and educating such persons of this section. This sub
  142  subparagraph shall stand repealed on October 1, 2020.
  143         b. Effective January 1, 2020, a law enforcement officer may
  144  stop motor vehicles and issue citations to persons who are
  145  driving while using a wireless communications device in a
  146  handheld manner in violation of subparagraph 1.
  147         Section 5. Subsection (1) of section 655.960, Florida
  148  Statutes, is amended to read:
  149         655.960 Definitions; ss. 655.960-655.965.—As used in this
  150  section and ss. 655.961-655.965, unless the context otherwise
  151  requires:
  152         (1) “Access area” means any paved walkway or sidewalk which
  153  is within 50 feet of any automated teller machine. The term does
  154  not include any street or highway open to the use of the public,
  155  as defined in s. 316.003(85)(a) or (b) s. 316.003(84)(a) or (b),
  156  including any adjacent sidewalk, as defined in s. 316.003.
  157         Section 6. This act shall take effect July 1, 2021.