Florida Senate - 2024                                    SB 1580
       
       
        
       By Senator Torres
       
       
       
       
       
       25-01508-24                                           20241580__
    1                        A bill to be entitled                      
    2         An act relating to autonomous vehicles; amending s.
    3         316.85, F.S.; requiring a licensed human operator to
    4         be physically present in a fully autonomous vehicle
    5         with a certain gross vehicle weight which is operating
    6         for certain purposes on a public road; requiring the
    7         manufacturer of an autonomous vehicle with a certain
    8         gross vehicle weight which is operating under certain
    9         conditions to report certain information to the
   10         Department of Highway Safety and Motor Vehicles at
   11         specified times; requiring the department, upon
   12         appropriation, to conduct an evaluation of the
   13         performance of autonomous vehicle technology in such
   14         vehicles; requiring such evaluation to be based on
   15         certain factors; requiring a report to certain
   16         legislative committees by a specified date; providing
   17         an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 316.85, Florida Statutes, is amended to
   22  read:
   23         316.85 Autonomous vehicles; operation; compliance with
   24  traffic and motor vehicle laws; testing.—
   25         (1) Notwithstanding any other law, a licensed human
   26  operator is not required to operate a fully autonomous vehicle
   27  as defined in s. 316.003(3) which has a gross vehicle weight of
   28  less than 10,001 pounds.
   29         (2)(a) A fully autonomous vehicle that has a gross vehicle
   30  weight of less than 10,001 pounds may operate in this state
   31  regardless of whether a human operator is physically present in
   32  the vehicle.
   33         (b)A licensed human operator must be physically present in
   34  a fully autonomous vehicle that has a gross vehicle weight of
   35  10,001 pounds or more while the vehicle is operating on a public
   36  road in this state to transport goods or passengers.
   37         (3)(a) For purposes of this chapter, unless the context
   38  otherwise requires, the automated driving system, when engaged,
   39  shall be deemed to be the operator of an autonomous vehicle,
   40  regardless of whether a person is physically present in the
   41  vehicle while the vehicle is operating with the automated
   42  driving system engaged.
   43         (b) Unless otherwise provided by law, applicable traffic or
   44  motor vehicle laws of this state may not be construed to:
   45         1. Prohibit the automated driving system from being deemed
   46  the operator of an autonomous vehicle operating with the
   47  automated driving system engaged.
   48         2. Require a licensed human operator to operate a fully
   49  autonomous vehicle that has a gross vehicle weight of less than
   50  10,001 pounds.
   51         (4) An on-demand autonomous vehicle network shall operate
   52  pursuant to state laws governing the operation of transportation
   53  network companies and transportation network company vehicles as
   54  defined in s. 627.748, except that any provision of s. 627.748
   55  that reasonably applies only to a human driver does not apply to
   56  the operation of a fully autonomous vehicle that has a gross
   57  vehicle weight of less than 10,001 pounds with the automated
   58  driving system engaged while logged on to an on-demand
   59  autonomous vehicle network. A fully autonomous vehicle with the
   60  automated driving system engaged while logged on to an on-demand
   61  autonomous vehicle network must meet the insurance requirements
   62  in s. 627.749.
   63         (5) Notwithstanding any other provision of this chapter, an
   64  autonomous vehicle, or a fully autonomous vehicle that has a
   65  gross vehicle weight of less than 10,001 pounds, which is
   66  equipped with a teleoperation system may operate without a human
   67  operator physically present in the vehicle when the
   68  teleoperation system is engaged. A vehicle that is subject to
   69  this subsection must meet the requirements of s. 319.145 and is
   70  considered a vehicle that meets the definition provided in s.
   71  316.003(3)(c) for the purposes of ss. 316.062(5), 316.063(4),
   72  316.065(5), 316.1975(3), and 316.303(1).
   73         (6) It is the intent of the Legislature to provide for
   74  uniformity of laws governing autonomous vehicles throughout the
   75  state. A local government may not impose any tax, fee, for-hire
   76  vehicle requirement, or other requirement on automated driving
   77  systems or autonomous vehicles or on a person who operates an
   78  autonomous vehicle, including, but not limited to, a person who
   79  operates an autonomous vehicle for purposes of providing
   80  passenger transportation services. This subsection does not
   81  prohibit an airport or a seaport from charging reasonable fees
   82  consistent with any fees charged to companies that provide
   83  similar services at that airport or seaport for their use of the
   84  airport’s or seaport’s facilities, nor does it prohibit the
   85  airport or seaport from designating locations for staging,
   86  pickup, or other similar operations at the airport or seaport.
   87         Section 2. Evaluation of autonomous vehicle technology.—
   88         (1)Beginning July 1, 2024, for an autonomous vehicle with
   89  a gross vehicle weight of 10,001 pounds or more which is
   90  operating on a public road in this state with the automated
   91  driving system engaged:
   92         (a)If the vehicle’s automated driving system is
   93  disengaged, the manufacturer of such vehicle must annually
   94  report to the Department of Highway Safety and Motor Vehicles
   95  the following information regarding the disengagement of the
   96  automated driving system at the time of such disengagement:
   97         1.The location of the vehicle.
   98         2.Whether a human operator was physically present in the
   99  vehicle.
  100         3.Whether a collision occurred.
  101         4.The person or entity that initiated the disengagement,
  102  such as the vehicle operator, a vehicle passenger, a remote
  103  vehicle operator, or the automated driving system itself.
  104         5.Any other information specified by the department.
  105         (b)If the vehicle is involved in a collision on a public
  106  road which results in property damage, bodily injury to a
  107  person, or the death of a person, the manufacturer of such
  108  vehicle must report such collision to the Department of Highway
  109  Safety and Motor Vehicles within 10 days after such collision.
  110         (2)Upon appropriation by the Legislature, the Department
  111  of Highway Safety and Motor Vehicles must conduct an evaluation
  112  of the performance of autonomous vehicle technology in vehicles
  113  specified in subsection (1). The evaluation must be based on the
  114  information reported under subsection (1), as well as factors
  115  including, but not limited to, the impacts of such technology on
  116  public safety and on employment in the transportation industry.
  117  The department must report the results of its evaluation to the
  118  chairs of the appropriate policy and fiscal committees of the
  119  Legislature by January 1, 2030, or 5 years after the
  120  commencement of its evaluation, whichever occurs later.
  121         Section 3. This act shall take effect July 1, 2024.