Bill Text: FL S0932 | 2019 | Regular Session | Comm Sub
Bill Title: Autonomous Vehicles
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2019-04-30 - Laid on Table, companion bill(s) passed, see CS/HB 311 (Ch. 2019-101) [S0932 Detail]
Download: Florida-2019-S0932-Comm_Sub.html
Florida Senate - 2019 CS for CS for SB 932 By the Committees on Appropriations; and Infrastructure and Security; and Senator Brandes 576-04630-19 2019932c2 1 A bill to be entitled 2 An act relating to autonomous vehicles; creating s. 3 316.0899, F.S.; authorizing the Department of 4 Transportation, in consultation with the Department of 5 Highway Safety and Motor Vehicles, to conduct pilot or 6 demonstration programs to explore the efficient 7 implementation of innovative transportation 8 technologies; requiring the Department of 9 Transportation to submit a certain annual report to 10 the Governor and the Legislature; amending s. 11 338.2216, F.S.; authorizing the Florida Turnpike 12 Enterprise to enter into one or more agreements to 13 fund, construct, and operate facilities for the 14 advancement of autonomous and connected innovative 15 transportation technologies for certain purposes; 16 amending s. 316.003, F.S.; revising and providing 17 definitions; amending ss. 316.062, 316.063, 316.065, 18 and 316.1975, F.S.; providing applicability; amending 19 s. 316.303, F.S.; exempting a vehicle being operated 20 with the automated driving system engaged from a 21 prohibition on the active display of television or 22 video; amending s. 316.305, F.S.; exempting a motor 23 vehicle operator who is operating an autonomous 24 vehicle from a prohibition on the use of wireless 25 communications devices; amending s. 316.85, F.S.; 26 providing that a licensed human operator is not 27 required to operate a fully autonomous vehicle; 28 authorizing a fully autonomous vehicle to operate in 29 this state regardless of whether a human operator is 30 physically present in the vehicle; requiring the 31 automated driving system to be deemed to be the 32 operator of an autonomous vehicle operating with the 33 automated driving system engaged; providing 34 construction; providing requirements for operation of 35 on-demand autonomous vehicle networks; authorizing an 36 autonomous vehicle or fully autonomous vehicle 37 equipped with a teleoperation system to operate 38 without a human operator physically present in the 39 vehicle when the teleoperation system is engaged; 40 providing requirements for such vehicles; providing 41 construction; providing legislative intent; 42 prohibiting a local government from imposing any tax, 43 fee, for-hire vehicle requirement, or other 44 requirement on automated driving systems or autonomous 45 vehicles or on a person who operates an autonomous 46 vehicle; providing construction; amending s. 319.145, 47 F.S.; revising requirements for autonomous vehicles 48 registered in this state; creating s. 322.015, F.S.; 49 providing applicability; creating s. 627.749, F.S.; 50 defining terms; providing insurance requirements for 51 fully autonomous vehicles and coverage requirements 52 for autonomous vehicles; providing for future repeal 53 of specified coverage requirements; amending ss. 54 339.175, 339.64, 339.83, and 627.0653, F.S.; 55 conforming provisions to changes made by the act; 56 amending s. 655.960, F.S.; conforming a cross 57 reference; providing an effective date. 58 59 Be It Enacted by the Legislature of the State of Florida: 60 61 Section 1. Section 316.0899, Florida Statutes, is created 62 to read: 63 316.0899 Innovative transportation technology pilot or 64 demonstration programs.—The Department of Transportation, in 65 consultation with the department, may conduct pilot or 66 demonstration programs to explore the efficient implementation 67 of innovative transportation technologies, including, but not 68 limited to, vehicle electrification, shared vehicle use, 69 automated vehicles, and other mobility technologies that provide 70 transportation options intended to increase personal mobility, 71 to facilitate shorter urban trips, or to provide connections to 72 other modes of transportation. Such pilot or demonstration 73 programs may also include innovative transportation technologies 74 that improve the delivery of transportation disadvantaged 75 services. The Department of Transportation shall prepare an 76 annual report outlining the programs undertaken pursuant to this 77 section. The report may include any findings or recommendations 78 the department deems necessary for future implementation. The 79 report must be submitted to the Governor, the President of the 80 Senate, and the Speaker of the House of Representatives. 81 Section 2. Paragraph (f) is added to subsection (1) of 82 section 338.2216, Florida Statutes, to read: 83 338.2216 Florida Turnpike Enterprise; powers and 84 authority.— 85 (1) 86 (f) The Florida Turnpike Enterprise may enter into one or 87 more agreements to fund, construct, and operate facilities for 88 the advancement of autonomous and connected innovative 89 transportation technologies for the purposes of improving safety 90 and decreasing congestion for the traveling public. Such 91 agreements may include terms that authorize a private entity to 92 sell or provide products or business opportunities at the 93 facilities which benefit the traveling public, provide 94 additional revenue, or otherwise advance the enterprise’s 95 objectives as provided in the Florida Transportation Code. 96 Section 3. Present subsections (48) through (86) of section 97 316.003, Florida Statutes, are redesignated as subsections (49) 98 through (87), respectively, present subsections (87) through 99 (101) of section 316.003, Florida Statutes, are redesignated as 100 subsections (89) through (103), respectively, new subsections 101 (48) and (88) are added to that section, and subsection (3) and 102 present subsection (59) of that section are amended, to read: 103 316.003 Definitions.—The following words and phrases, when 104 used in this chapter, shall have the meanings respectively 105 ascribed to them in this section, except where the context 106 otherwise requires: 107 (3) AUTOMATED DRIVING SYSTEMAUTONOMOUS VEHICLE.—The 108 hardware and software that are collectively capable of 109 performing the entire dynamic driving task of an autonomous 110 vehicle on a sustained basis, regardless of whether it is 111 limited to a specific operational design domain. The term: 112 (a) “Autonomous vehicle” means any vehicle equipped with an 113 automated driving system. 114 (b) “Dynamic driving task” means all of the real-time 115 operational and tactical functions required to operate a vehicle 116 in on-road traffic within its specific operational design 117 domain, if any, excluding strategic functions such as trip 118 scheduling and selection of destinations and waypoints. 119 (c) “Fully autonomous vehicle” means a vehicle equipped 120 with an automated driving system designed to function without 121autonomous technology. The term “autonomous technology” means122technology installed on a motor vehicle that has the capability123to drive the vehicle on which the technology is installed124without the active control or monitoring by a human operator.125The term excludes a motor vehicle enabled with active safety126systems or driver assistance systems, including, without127limitation, a system to provide electronic blind spot128assistance, crash avoidance, emergency braking, parking129assistance, adaptive cruise control, lane keep assistance, lane130departure warning, or traffic jam and queuing assistant, unless131any such system alone or in combination with other systems132enables the vehicle on which the technology is installed to133drive without active control or monitoring bya human operator. 134 (d) “Operational design domain” means a description of the 135 specific operating domain in which an automated driving system 136 is designed to properly operate, including, but not limited to, 137 roadway types, speed ranges, environmental conditions such as 138 weather and time of day, and other domain constraints. 139 (48) ON-DEMAND AUTONOMOUS VEHICLE NETWORK.—A passenger 140 transportation network that uses a software application or other 141 digital means to connect passengers to fully autonomous 142 vehicles, exclusively or in addition to other vehicles, for 143 transportation, including for-hire transportation and 144 transportation for compensation. 145 (60)(59)PRIVATE ROAD OR DRIVEWAY.—Except as otherwise 146 provided in paragraph (82)(b)(81)(b), any privately owned way 147 or place used for vehicular travel by the owner and those having 148 express or implied permission from the owner, but not by other 149 persons. 150 (88) TELEOPERATION SYSTEM.—The hardware and software 151 installed in a motor vehicle which allow a remote human operator 152 to supervise or perform aspects of, or the entirety of, the 153 dynamic driving task. The term “remote human operator” means a 154 natural person who is not physically present in a vehicle 155 equipped with an automated driving system who engages or 156 monitors the vehicle from a remote location. A remote human 157 operator may have the ability to perform aspects of, or the 158 entirety of, the dynamic driving task for the vehicle or cause 159 the vehicle to achieve a minimal risk condition. 160 Section 4. Subsection (5) is added to section 316.062, 161 Florida Statutes, to read: 162 316.062 Duty to give information and render aid.— 163 (5) This section does not apply to a fully autonomous 164 vehicle, operating with the automated driving system engaged, in 165 the event of a crash involving the vehicle if the vehicle owner, 166 or a person on behalf of the vehicle owner, promptly contacts a 167 law enforcement agency to report the crash or if the fully 168 autonomous vehicle has the capability of alerting a law 169 enforcement agency to the crash. 170 Section 5. Subsection (4) is added to section 316.063, 171 Florida Statutes, to read: 172 316.063 Duty upon damaging unattended vehicle or other 173 property.— 174 (4) This section does not apply to a fully autonomous 175 vehicle, operating with the automated driving system engaged, in 176 the event of a crash involving the vehicle if the vehicle owner, 177 or a person on behalf of the vehicle owner, promptly contacts a 178 law enforcement agency to report the crash or if the fully 179 autonomous vehicle has the capability of alerting a law 180 enforcement agency to the crash. 181 Section 6. Subsection (5) is added to section 316.065, 182 Florida Statutes, to read: 183 316.065 Crashes; reports; penalties.— 184 (5) Subsection (1) does not apply to a fully autonomous 185 vehicle, operating with the automated driving system engaged, in 186 the event of a crash involving the vehicle if the vehicle owner, 187 or a person on behalf of the vehicle owner, promptly contacts a 188 law enforcement agency to report the crash or if the fully 189 autonomous vehicle has the capability of alerting a law 190 enforcement agency to the crash. 191 Section 7. Subsection (3) is added to section 316.1975, 192 Florida Statutes, to read: 193 316.1975 Unattended motor vehicle.— 194 (3) This section does not apply to a fully autonomous 195 vehicle operating with the automated driving system engaged. 196 Section 8. Section 316.303, Florida Statutes, is amended to 197 read: 198 316.303 Television receivers.— 199 (1) ANomotor vehicle may not be operated on the highways 200 of this state if the vehicle is actively displaying moving 201 television broadcast or pre-recorded video entertainment content 202 that is visible from the driver’s seat while the vehicle is in 203 motion, unless the vehicle isequipped with autonomous204technology, as defined in s. 316.003(3), and isbeing operated 205 with the automated driving system engagedin autonomous mode, as206provided in s. 316.85(2). 207 (2) This section does not prohibit the use of television 208 type receiving equipment used exclusively for safety or law 209 enforcement purposes, provided such use is approved by the 210 department. 211 (3) This section does not prohibit the use of an electronic 212 display used in conjunction with a vehicle navigation system; an 213 electronic display used by an operator of an autonomousa214 vehicleequipped with autonomous technology, as defined in s. 215 316.003(3); or an electronic display used by an operator of a 216 vehicle equipped and operating with driver-assistive truck 217 platooning technology, as defined in s. 316.003. 218 (4) A violation of this section is a noncriminal traffic 219 infraction, punishable as a nonmoving violation as provided in 220 chapter 318. 221 Section 9. Paragraph (b) of subsection (3) of section 222 316.305, Florida Statutes, is amended to read: 223 316.305 Wireless communications devices; prohibition.— 224 (3) 225 (b) Paragraph (a) does not apply to a motor vehicle 226 operator who is: 227 1. Performing official duties as an operator of an 228 authorized emergency vehicle as defined in s. 322.01, a law 229 enforcement or fire service professional, or an emergency 230 medical services professional. 231 2. Reporting an emergency or criminal or suspicious 232 activity to law enforcement authorities. 233 3. Receiving messages that are: 234 a. Related to the operation or navigation of the motor 235 vehicle; 236 b. Safety-related information, including emergency, 237 traffic, or weather alerts; 238 c. Data used primarily by the motor vehicle; or 239 d. Radio broadcasts. 240 4. Using a device or system for navigation purposes. 241 5. Conducting wireless interpersonal communication that 242 does not require manual entry of multiple letters, numbers, or 243 symbols, except to activate, deactivate, or initiate a feature 244 or function. 245 6. Conducting wireless interpersonal communication that 246 does not require reading text messages, except to activate, 247 deactivate, or initiate a feature or function. 248 7. Operating an autonomous vehicle, as defined in s. 249 316.003(3)s. 316.003, with the automated driving system engaged 250in autonomous mode. 251 Section 10. Section 316.85, Florida Statutes, is amended to 252 read: 253 316.85 Autonomous vehicles; operation; compliance with 254 traffic and motor vehicle laws; preemption.— 255 (1) Notwithstanding any other law, a licensed human 256 operator is not required to operate a fully autonomous vehicleA257person who possesses a valid driver license may operate an258autonomous vehicle in autonomous mode on roads in this state if259the vehicle is equipped with autonomous technology,as defined 260 in s. 316.003(3)s. 316.003. 261 (2) A fully autonomous vehicle may operate in this state, 262 regardless of whether a human operator is physically present in 263 the vehicle. 264 (3)(a)(2)For purposes of this chapter, unless the context 265 otherwise requires, the automated driving system, when engaged, 266a personshall be deemed to be the operator of an autonomous 267 vehicleoperating in autonomous mode when the person causes the268vehicle’s autonomous technology to engage, regardless of whether 269 atheperson is physically present in the vehicle while the 270 vehicle is operating with the automated driving system engaged 271in autonomous mode. 272 (b) Unless otherwise provided by law, applicable traffic or 273 motor vehicle laws of this state may not be construed to: 274 1. Prohibit the automated driving system from being deemed 275 the operator of an autonomous vehicle operating with the 276 automated driving system engaged. 277 2. Require a licensed human operator to operate a fully 278 autonomous vehicle. 279 (4) An on-demand autonomous vehicle network must operate 280 pursuant to state laws governing the operation of transportation 281 network companies and transportation network company vehicles as 282 those terms are defined in s. 627.748, except that any provision 283 of s. 627.748 which reasonably applies only to a human driver 284 does not apply to the operation of a fully autonomous vehicle 285 with the automated driving system engaged while logged on to an 286 on-demand autonomous vehicle network. A fully autonomous vehicle 287 with the automated driving system engaged while logged on to an 288 on-demand autonomous vehicle network must meet the insurance 289 requirements in s. 627.749. 290 (5) Notwithstanding any other provision of this chapter, an 291 autonomous vehicle or a fully autonomous vehicle equipped with a 292 teleoperation system may operate without a human operator 293 physically present in the vehicle when the teleoperation system 294 is engaged. A vehicle that is subject to this subsection must 295 meet the requirements of s. 319.145 and is considered a vehicle 296 that meets the definition of s. 316.003(3)(c) for the purposes 297 of ss. 316.062(5), 316.063(4), 316.065(5), 316.1975(3), and 298 316.303(1). 299 (6) It is the intent of the Legislature to provide for 300 uniformity of laws governing autonomous vehicles throughout the 301 state. A local government may not impose any tax, fee, for-hire 302 vehicle requirement, or other requirement on automated driving 303 systems or autonomous vehicles or on a person who operates an 304 autonomous vehicle, including, but not limited to, a person who 305 operates an autonomous vehicle for purposes of providing 306 passenger transportation services. This subsection does not 307 prohibit an airport or a seaport from charging reasonable fees 308 consistent with any fees charged to companies that provide 309 similar services at that airport or seaport for their use of the 310 airport’s or seaport’s facilities nor does it prohibit the 311 airport or seaport from designating locations for staging, 312 pickup, or other similar operations at the airport or seaport. 313 Section 11. Section 319.145, Florida Statutes, is amended 314 to read: 315 319.145 Autonomous vehicles.— 316 (1) An autonomous vehicle registered in this state must 317continue tomeet all of the following requirements: 318 (a) When required by federal law: 319 1. Has been certified in accordance with federal 320 regulations in 49 C.F.R. part 567 as being in compliance with 321 applicable federal motor vehicle safety standards. 322 2. Bear the required certification label or labels, 323 including reference to any exemption granted under applicable 324 federal law. 325 (b) Be capable of being operated in compliance with the 326 applicable traffic and motor vehicle laws of this state, 327 regardless of whether the vehicle is operating with the 328 automated driving system engaged. 329 (2) If the autonomous vehicle is not fully autonomous, 330applicable federal standards and regulations for such motor331vehicle.the vehicle must:332(a)have a system to safely alert a licensed humanthe333 operator physically present in the vehicle if an automated 334 driving systemautonomous technologyfailure is detected while 335 the automated driving systemautonomous technologyis engaged. 336 When an alert is given, the system must:3371.require the licensed human operator to take control of 338 the autonomous vehicle or must achieve a minimal risk condition;339or3402.If the operator does not, or is not able to, take341control of the autonomous vehicle, be capable of bringing the342vehicle to a complete stop.343(b)Have a means, inside the vehicle, to visually indicate344when the vehicle is operating in autonomous mode.345(c)Be capable of being operated in compliance with the346applicable traffic and motor vehicle laws of this state. 347 (3) If the autonomous vehicle is fully autonomous, it must 348 be able to achieve a minimal risk condition if a failure of the 349 automated driving system occurs which renders that system unable 350 to perform the entire dynamic driving task relevant to its 351 intended operational design domain. The term “minimal risk 352 condition” means a reasonably safe state, such as bringing the 353 vehicle to a complete stop and activating the vehicle’s hazard 354 lamps. 355 (4)(2)Federal regulations promulgated by the National 356 Highway Traffic Safety Administration shall supersede this 357 section when found to be in conflict with this section. 358 Section 12. Section 322.015, Florida Statutes, is created 359 to read: 360 322.015 Exemption.—This chapter does not apply when a fully 361 autonomous vehicle is operated with the automated driving system 362 engaged and without a human operator. 363 Section 13. Section 627.749, Florida Statutes, is created 364 to read: 365 627.749 Autonomous vehicles; insurance requirements.— 366 (1) DEFINITIONS.—As used in this section, the term: 367 (a) “Automated driving system” has the same meaning as in 368 s. 316.003. 369 (b) “Autonomous vehicle” has the same meaning as provided 370 in s. 316.003(3). 371 (c) “Fully autonomous vehicle” has the same meaning as 372 provided in s. 316.003(3). 373 (d) “On-demand autonomous vehicle network” has the same 374 meaning as provided in s. 316.003. 375 (2) INSURANCE REQUIREMENTS.— 376 (a) A fully autonomous vehicle with the automated driving 377 system engaged while logged on to an on-demand autonomous 378 vehicle network or engaged in a prearranged ride must be covered 379 by a policy of automobile insurance which provides: 380 1. Primary liability coverage of at least $1 million for 381 death, bodily injury, and property damage; 382 2. Personal injury protection benefits that meet the 383 minimum coverage amounts required under ss. 627.730-627.7405; 384 and 385 3. Uninsured and underinsured vehicle coverage as required 386 by s. 627.727. 387 (b) The coverage requirements of paragraph (a) may be 388 satisfied by any of the following: 389 1. Automobile insurance maintained by the owner of a fully 390 autonomous vehicle with the automated driving system engaged 391 while logged on to an on-demand autonomous vehicle network or 392 engaged in a prearranged ride; 393 2. Automobile insurance maintained by the on-demand 394 autonomous vehicle network; or 395 3. A combination of subparagraphs 1. and 2. 396 (3) ADDITIONAL COVERAGE REQUIREMENTS.— 397 (a) For purposes of compliance with chapter 324, the owner 398 or registrant of an autonomous vehicle, when the vehicle is not 399 subject to subsection (2), must furnish proof of ability to 400 respond in damages for the owner’s or registrant’s liability on 401 account of crashes arising out of the use of a motor vehicle: 402 1. In the amount of $1 million because of bodily injury to, 403 or death of, one person in any one crash; 404 2. Subject to such limits for one person, in the amount of 405 $1 million because of bodily injury to, or death of, two or more 406 persons in any one crash; 407 3. In the amount of $1 million because of injury to, or 408 destruction of, property of others in any one crash; and 409 4. With respect to commercial motor vehicles and nonpublic 410 sector buses that are autonomous vehicles, in the amounts 411 specified in ss. 627.7415 and 627.742, respectively. 412 (b) This subsection is repealed on January 1, 2024. 413 Section 14. Paragraph (c) of subsection (7) of section 414 339.175, Florida Statutes, is amended to read: 415 339.175 Metropolitan planning organization.— 416 (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must 417 develop a long-range transportation plan that addresses at least 418 a 20-year planning horizon. The plan must include both long 419 range and short-range strategies and must comply with all other 420 state and federal requirements. The prevailing principles to be 421 considered in the long-range transportation plan are: preserving 422 the existing transportation infrastructure; enhancing Florida’s 423 economic competitiveness; and improving travel choices to ensure 424 mobility. The long-range transportation plan must be consistent, 425 to the maximum extent feasible, with future land use elements 426 and the goals, objectives, and policies of the approved local 427 government comprehensive plans of the units of local government 428 located within the jurisdiction of the M.P.O. Each M.P.O. is 429 encouraged to consider strategies that integrate transportation 430 and land use planning to provide for sustainable development and 431 reduce greenhouse gas emissions. The approved long-range 432 transportation plan must be considered by local governments in 433 the development of the transportation elements in local 434 government comprehensive plans and any amendments thereto. The 435 long-range transportation plan must, at a minimum: 436 (c) Assess capital investment and other measures necessary 437 to: 438 1. Ensure the preservation of the existing metropolitan 439 transportation system including requirements for the operation, 440 resurfacing, restoration, and rehabilitation of major roadways 441 and requirements for the operation, maintenance, modernization, 442 and rehabilitation of public transportation facilities; and 443 2. Make the most efficient use of existing transportation 444 facilities to relieve vehicular congestion, improve safety, and 445 maximize the mobility of people and goods. Such efforts must 446 include, but are not limited to, consideration of infrastructure 447 and technological improvements necessary to accommodate advances 448 in vehicle technology, such as automated driving systems 449autonomous technologyand other developments. 450 451 In the development of its long-range transportation plan, each 452 M.P.O. must provide the public, affected public agencies, 453 representatives of transportation agency employees, freight 454 shippers, providers of freight transportation services, private 455 providers of transportation, representatives of users of public 456 transit, and other interested parties with a reasonable 457 opportunity to comment on the long-range transportation plan. 458 The long-range transportation plan must be approved by the 459 M.P.O. 460 Section 15. Paragraph (c) of subsection (3) and paragraph 461 (a) of subsection (4) of section 339.64, Florida Statutes, are 462 amended to read: 463 339.64 Strategic Intermodal System Plan.— 464 (3) 465 (c) The department shall coordinate with federal, regional, 466 and local partners, as well as industry representatives, to 467 consider infrastructure and technological improvements necessary 468 to accommodate advances in vehicle technology, such as automated 469 driving systemsautonomous technologyand other developments, in 470 Strategic Intermodal System facilities. 471 (4) The Strategic Intermodal System Plan shall include the 472 following: 473 (a) A needs assessment that must include, but is not 474 limited to, consideration of infrastructure and technological 475 improvements necessary to accommodate advances in vehicle 476 technology, such as automated driving systemsautonomous477technologyand other developments. 478 Section 16. Section 339.83, Florida Statutes, is amended to 479 read: 480 339.83 Enrollment in federal pilot programs.—The Secretary 481 of Transportation may enroll the State of Florida in any federal 482 pilot program or project for the collection and study of data 483 for the review of federal or state roadway safety, 484 infrastructure sustainability, congestion mitigation, 485 transportation system efficiency, automated driving systems 486autonomous vehicle technology, or capacity challenges. 487 Section 17. Subsection (6) of section 627.0653, Florida 488 Statutes, is amended to read: 489 627.0653 Insurance discounts for specified motor vehicle 490 equipment.— 491 (6) The Office of Insurance Regulation may approve a 492 premium discount to any rates, rating schedules, or rating 493 manuals for the liability, personal injury protection, and 494 collision coverages of a motor vehicle insurance policy filed 495 with the office if the insured vehicle is equipped with an 496 automated driving systemautonomous driving technologyor 497 electronic vehicle collision avoidance technology that is 498 factory installed or a retrofitted system and that complies with 499 National Highway Traffic Safety Administration standards. 500 Section 18. Subsection (1) of section 655.960, Florida 501 Statutes, is amended to read: 502 655.960 Definitions; ss. 655.960-655.965.—As used in this 503 section and ss. 655.961-655.965, unless the context otherwise 504 requires: 505 (1) “Access area” means any paved walkway or sidewalk which 506 is within 50 feet of any automated teller machine. The term does 507 not include any street or highway open to the use of the public, 508 as defined in s. 316.003(82)(a)s. 316.003(81)(a)or (b), 509 including any adjacent sidewalk, as defined in s. 316.003. 510 Section 19. This act shall take effect July 1, 2019.