Bill Text: FL S0932 | 2019 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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 SB 932 By the Committee on Infrastructure and Security; and Senator Brandes 596-03288-19 2019932c1 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; authorizing the Florida Turnpike 35 Enterprise to fund, construct, and operate certain 36 test facilities and undertake certain research and 37 development projects; providing requirements for 38 operation of on-demand autonomous vehicle networks; 39 authorizing an autonomous vehicle or fully autonomous 40 vehicle equipped with a teleoperation system to 41 operate without a human operator physically present in 42 the vehicle when the teleoperation system is engaged; 43 providing requirements for such vehicles; providing 44 construction; providing legislative intent; 45 prohibiting a local government from imposing any tax, 46 fee, for-hire vehicle requirement, or other 47 requirement on automated driving systems or autonomous 48 vehicles or on a person who operates an autonomous 49 vehicle; amending s. 319.145, F.S.; revising 50 requirements for autonomous vehicles registered in 51 this state; creating s. 322.015, F.S.; providing 52 applicability; amending ss. 339.175, 339.64, 339.83, 53 and 627.0653, F.S.; conforming provisions to changes 54 made by the act; amending s. 655.960, F.S.; conforming 55 a cross-reference; providing an effective date. 56 57 Be It Enacted by the Legislature of the State of Florida: 58 59 Section 1. Section 316.0899, Florida Statutes, is created 60 to read: 61 316.0899 Innovative transportation technology pilot or 62 demonstration programs.—The Department of Transportation, in 63 consultation with the department, may conduct pilot or 64 demonstration programs to explore the efficient implementation 65 of innovative transportation technologies, including, but not 66 limited to, vehicle electrification, shared vehicle use, 67 automated vehicles, and other mobility technologies that provide 68 transportation options intended to increase personal mobility, 69 to facilitate shorter urban trips, or to provide connections to 70 other modes of transportation. Such pilot or demonstration 71 programs may also include innovative transportation technologies 72 that improve the delivery of transportation disadvantaged 73 services. The Department of Transportation shall prepare an 74 annual report outlining the programs undertaken pursuant to this 75 section. The report may include any findings or recommendations 76 the department deems necessary for future implementation. The 77 report must be submitted to the Governor, the President of the 78 Senate, and the Speaker of the House of Representatives. 79 Section 2. Paragraph (f) is added to subsection (1) of 80 section 338.2216, Florida Statutes, to read: 81 338.2216 Florida Turnpike Enterprise; powers and 82 authority.— 83 (1) 84 (f) The Florida Turnpike Enterprise may enter into one or 85 more agreements to fund, construct, and operate facilities for 86 the advancement of autonomous and connected innovative 87 transportation technologies for the purposes of improving safety 88 and decreasing congestion for the traveling public. Such 89 agreements may include terms that authorize a private entity to 90 sell or provide products or business opportunities at the 91 facilities which benefit the traveling public, provide 92 additional revenue, or otherwise advance the enterprise’s 93 objectives as provided in the Florida Transportation Code. 94 Section 3. Present subsections (48) through (86) of section 95 316.003, Florida Statutes, are redesignated as subsections (49) 96 through (87), respectively, present subsections (87) through 97 (101) of section 316.003, Florida Statutes, are redesignated as 98 subsections (89) through (103), respectively, new subsections 99 (48) and (88) are added to that section, and subsection (3) and 100 present subsection (59) of that section are amended, to read: 101 316.003 Definitions.—The following words and phrases, when 102 used in this chapter, shall have the meanings respectively 103 ascribed to them in this section, except where the context 104 otherwise requires: 105 (3) AUTOMATED DRIVING SYSTEMAUTONOMOUS VEHICLE.—The 106 hardware and software that are collectively capable of 107 performing the entire dynamic driving task of an autonomous 108 vehicle on a sustained basis, regardless of whether it is 109 limited to a specific operational design domain. The term: 110 (a) “Autonomous vehicle” means any vehicle equipped with an 111 automated driving system. 112 (b) “Dynamic driving task” means all of the real-time 113 operational and tactical functions required to operate a vehicle 114 in on-road traffic within its specific operational design 115 domain, if any, excluding strategic functions such as trip 116 scheduling and selection of destinations and waypoints. 117 (c) “Fully autonomous vehicle” means a vehicle equipped 118 with an automated driving system designed to function without 119autonomous technology. The term “autonomous technology” means120technology installed on a motor vehicle that has the capability121to drive the vehicle on which the technology is installed122without the active control or monitoring by a human operator.123The term excludes a motor vehicle enabled with active safety124systems or driver assistance systems, including, without125limitation, a system to provide electronic blind spot126assistance, crash avoidance, emergency braking, parking127assistance, adaptive cruise control, lane keep assistance, lane128departure warning, or traffic jam and queuing assistant, unless129any such system alone or in combination with other systems130enables the vehicle on which the technology is installed to131drive without active control or monitoring bya human operator. 132 (d) “Operational design domain” means a description of the 133 specific operating domain in which an automated driving system 134 is designed to properly operate, including, but not limited to, 135 roadway types, speed ranges, environmental conditions such as 136 weather and time of day, and other domain constraints. 137 (48) ON-DEMAND AUTONOMOUS VEHICLE NETWORK.—A passenger 138 transportation network that uses a software application or other 139 digital means to connect passengers to fully autonomous 140 vehicles, exclusively or in addition to other vehicles, for 141 transportation, including for-hire transportation and 142 transportation for compensation. 143 (60)(59)PRIVATE ROAD OR DRIVEWAY.—Except as otherwise 144 provided in paragraph (82)(b)(81)(b), any privately owned way 145 or place used for vehicular travel by the owner and those having 146 express or implied permission from the owner, but not by other 147 persons. 148 (88) TELEOPERATION SYSTEM.—The hardware and software 149 installed in a motor vehicle which allow a remote human operator 150 to supervise or perform aspects of, or the entirety of, the 151 dynamic driving task. The term “remote human operator” means a 152 natural person who is not physically present in a vehicle 153 equipped with an automated driving system who engages or 154 monitors the vehicle from a remote location. A remote human 155 operator may have the ability to perform aspects of, or the 156 entirety of, the dynamic driving task for the vehicle or cause 157 the vehicle to achieve a minimal risk condition. 158 Section 4. Subsection (5) is added to section 316.062, 159 Florida Statutes, to read: 160 316.062 Duty to give information and render aid.— 161 (5) This section does not apply to a fully autonomous 162 vehicle, operating with the automated driving system engaged, in 163 the event of a crash involving the vehicle if the vehicle owner, 164 or a person on behalf of the vehicle owner, promptly contacts a 165 law enforcement agency to report the crash or if the fully 166 autonomous vehicle has the capability of alerting a law 167 enforcement agency to the crash. 168 Section 5. Subsection (4) is added to section 316.063, 169 Florida Statutes, to read: 170 316.063 Duty upon damaging unattended vehicle or other 171 property.— 172 (4) This section does not apply to a fully autonomous 173 vehicle, operating with the automated driving system engaged, in 174 the event of a crash involving the vehicle if the vehicle owner, 175 or a person on behalf of the vehicle owner, promptly contacts a 176 law enforcement agency to report the crash or if the fully 177 autonomous vehicle has the capability of alerting a law 178 enforcement agency to the crash. 179 Section 6. Subsection (5) is added to section 316.065, 180 Florida Statutes, to read: 181 316.065 Crashes; reports; penalties.— 182 (5) Subsection (1) does not apply to a fully autonomous 183 vehicle, operating with the automated driving system engaged, in 184 the event of a crash involving the vehicle if the vehicle owner, 185 or a person on behalf of the vehicle owner, promptly contacts a 186 law enforcement agency to report the crash or if the fully 187 autonomous vehicle has the capability of alerting a law 188 enforcement agency to the crash. 189 Section 7. Subsection (3) is added to section 316.1975, 190 Florida Statutes, to read: 191 316.1975 Unattended motor vehicle.— 192 (3) This section does not apply to a fully autonomous 193 vehicle operating with the automated driving system engaged. 194 Section 8. Section 316.303, Florida Statutes, is amended to 195 read: 196 316.303 Television receivers.— 197 (1) ANomotor vehicle may not be operated on the highways 198 of this state if the vehicle is actively displaying moving 199 television broadcast or pre-recorded video entertainment content 200 that is visible from the driver’s seat while the vehicle is in 201 motion, unless the vehicle isequipped with autonomous202technology, as defined in s. 316.003(3), and isbeing operated 203 with the automated driving system engagedin autonomous mode, as204provided in s. 316.85(2). 205 (2) This section does not prohibit the use of television 206 type receiving equipment used exclusively for safety or law 207 enforcement purposes, provided such use is approved by the 208 department. 209 (3) This section does not prohibit the use of an electronic 210 display used in conjunction with a vehicle navigation system; an 211 electronic display used by an operator of an autonomousa212 vehicleequipped with autonomous technology, as defined in s. 213 316.003(3); or an electronic display used by an operator of a 214 vehicle equipped and operating with driver-assistive truck 215 platooning technology, as defined in s. 316.003. 216 (4) A violation of this section is a noncriminal traffic 217 infraction, punishable as a nonmoving violation as provided in 218 chapter 318. 219 Section 9. Paragraph (b) of subsection (3) of section 220 316.305, Florida Statutes, is amended to read: 221 316.305 Wireless communications devices; prohibition.— 222 (3) 223 (b) Paragraph (a) does not apply to a motor vehicle 224 operator who is: 225 1. Performing official duties as an operator of an 226 authorized emergency vehicle as defined in s. 322.01, a law 227 enforcement or fire service professional, or an emergency 228 medical services professional. 229 2. Reporting an emergency or criminal or suspicious 230 activity to law enforcement authorities. 231 3. Receiving messages that are: 232 a. Related to the operation or navigation of the motor 233 vehicle; 234 b. Safety-related information, including emergency, 235 traffic, or weather alerts; 236 c. Data used primarily by the motor vehicle; or 237 d. Radio broadcasts. 238 4. Using a device or system for navigation purposes. 239 5. Conducting wireless interpersonal communication that 240 does not require manual entry of multiple letters, numbers, or 241 symbols, except to activate, deactivate, or initiate a feature 242 or function. 243 6. Conducting wireless interpersonal communication that 244 does not require reading text messages, except to activate, 245 deactivate, or initiate a feature or function. 246 7. Operating an autonomous vehicle, as defined in s. 247 316.003(3)s. 316.003, with the automated driving system engaged 248in autonomous mode. 249 Section 10. Section 316.85, Florida Statutes, is amended to 250 read: 251 316.85 Autonomous vehicles; operation; compliance with 252 traffic and motor vehicle laws; testing; preemption.— 253 (1) Notwithstanding any other law, a licensed human 254 operator is not required to operate a fully autonomous vehicleA255person who possesses a valid driver license may operate an256autonomous vehicle in autonomous mode on roads in this state if257the vehicle is equipped with autonomous technology,as defined 258 in s. 316.003(3)s. 316.003. 259 (2) A fully autonomous vehicle may operate in this state 260 regardless of whether a human operator is physically present in 261 the vehicle. 262 (3)(a)(2)For purposes of this chapter, unless the context 263 otherwise requires, the automated driving system, when engaged, 264a personshall be deemed to be the operator of an autonomous 265 vehicleoperating in autonomous mode when the person causes the266vehicle’s autonomous technology to engage, regardless of whether 267 atheperson is physically present in the vehicle while the 268 vehicle is operating with the automated driving system engaged 269in autonomous mode. 270 (b) Unless otherwise provided by law, applicable traffic or 271 motor vehicle laws of this state may not be construed to: 272 1. Prohibit the automated driving system from being deemed 273 the operator of an autonomous vehicle operating with the 274 automated driving system engaged. 275 2. Require a licensed human operator to operate a fully 276 autonomous vehicle. 277 (4) The Florida Turnpike Enterprise may fund, construct, 278 and operate test facilities and undertake research and 279 development projects for the advancement of autonomous and 280 connected innovative transportation technology solutions for the 281 purposes of improving safety and decreasing congestion for the 282 traveling public and to otherwise advance the objectives of the 283 Florida Turnpike Enterprise as set forth in the Florida 284 Transportation Code. 285 (5) An on-demand autonomous vehicle network may operate 286 pursuant to state laws governing the operation of transportation 287 network companies and transportation network company vehicles as 288 defined in s. 627.748, except that any provision of s. 627.748 289 which reasonably applies only to a human driver does not apply 290 to the operation of a fully autonomous vehicle with the 291 automated driving system engaged in an on-demand autonomous 292 vehicle network. 293 (6) Notwithstanding any other provision of this chapter, an 294 autonomous vehicle or a fully autonomous vehicle equipped with a 295 teleoperation system may operate without a human operator 296 physically present in the vehicle when the teleoperation system 297 is engaged. A vehicle that is subject to this subsection must 298 meet the requirements of s. 319.145 and is considered a vehicle 299 that meets the definition of s. 316.003(3)(c) for the purposes 300 of ss. 316.062(5), 316.063(4), 316.065(5), 316.1975(3), and 301 316.303(1). 302 (7) It is the intent of the Legislature to provide for 303 uniformity of laws governing autonomous vehicles throughout the 304 state. A local government may not impose any tax, fee, for-hire 305 vehicle requirement, or other requirement on automated driving 306 systems or autonomous vehicles or on a person who operates an 307 autonomous vehicle, including, but not limited to, a person who 308 operates an autonomous vehicle for purposes of providing 309 passenger transportation services. 310 Section 11. Section 319.145, Florida Statutes, is amended 311 to read: 312 319.145 Autonomous vehicles.— 313 (1) An autonomous vehicle registered in this state must 314continue tomeet all of the following requirements: 315 (a) When required by federal law: 316 1. Has been certified in accordance with federal 317 regulations in 49 C.F.R. part 567 as being in compliance with 318 applicable federal motor vehicle safety standards. 319 2. Bear the required certification label or labels, 320 including reference to any exemption granted under applicable 321 federal law. 322 (b) Be capable of being operated in compliance with the 323 applicable traffic and motor vehicle laws of this state, 324 regardless of whether the vehicle is operating with the 325 automated driving system engaged. 326 (2) If the autonomous vehicle is not fully autonomous, 327applicable federal standards and regulations for such motor328vehicle.the vehicle must:329(a)have a system to safely alert a licensed humanthe330 operator physically present in the vehicle if an automated 331 driving systemautonomous technologyfailure is detected while 332 the automated driving systemautonomous technologyis engaged. 333 When an alert is given, the system must:3341.require the licensed human operator to take control of 335 the autonomous vehicle or must achieve a minimal risk condition;336or3372.If the operator does not, or is not able to, take338control of the autonomous vehicle, be capable of bringing the339vehicle to a complete stop.340(b)Have a means, inside the vehicle, to visually indicate341when the vehicle is operating in autonomous mode.342(c)Be capable of being operated in compliance with the343applicable traffic and motor vehicle laws of this state. 344 (3) If the autonomous vehicle is fully autonomous, it must 345 be able to achieve a minimal risk condition if a failure of the 346 automated driving system occurs which renders that system unable 347 to perform the entire dynamic driving task relevant to its 348 intended operational design domain. The term “minimal risk 349 condition” means a reasonably safe state, such as bringing the 350 vehicle to a complete stop and activating the vehicle’s hazard 351 lamps. 352 (4)(2)Federal regulations promulgated by the National 353 Highway Traffic Safety Administration shall supersede this 354 section when found to be in conflict with this section. 355 Section 12. Section 322.015, Florida Statutes, is created 356 to read: 357 322.015 Exemption.—This chapter does not apply when a fully 358 autonomous vehicle is operated with the automated driving system 359 engaged and without a human operator. 360 Section 13. Paragraph (c) of subsection (7) of section 361 339.175, Florida Statutes, is amended to read: 362 339.175 Metropolitan planning organization.— 363 (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must 364 develop a long-range transportation plan that addresses at least 365 a 20-year planning horizon. The plan must include both long 366 range and short-range strategies and must comply with all other 367 state and federal requirements. The prevailing principles to be 368 considered in the long-range transportation plan are: preserving 369 the existing transportation infrastructure; enhancing Florida’s 370 economic competitiveness; and improving travel choices to ensure 371 mobility. The long-range transportation plan must be consistent, 372 to the maximum extent feasible, with future land use elements 373 and the goals, objectives, and policies of the approved local 374 government comprehensive plans of the units of local government 375 located within the jurisdiction of the M.P.O. Each M.P.O. is 376 encouraged to consider strategies that integrate transportation 377 and land use planning to provide for sustainable development and 378 reduce greenhouse gas emissions. The approved long-range 379 transportation plan must be considered by local governments in 380 the development of the transportation elements in local 381 government comprehensive plans and any amendments thereto. The 382 long-range transportation plan must, at a minimum: 383 (c) Assess capital investment and other measures necessary 384 to: 385 1. Ensure the preservation of the existing metropolitan 386 transportation system including requirements for the operation, 387 resurfacing, restoration, and rehabilitation of major roadways 388 and requirements for the operation, maintenance, modernization, 389 and rehabilitation of public transportation facilities; and 390 2. Make the most efficient use of existing transportation 391 facilities to relieve vehicular congestion, improve safety, and 392 maximize the mobility of people and goods. Such efforts must 393 include, but are not limited to, consideration of infrastructure 394 and technological improvements necessary to accommodate advances 395 in vehicle technology, such as automated driving systems 396autonomous technologyand other developments. 397 398 In the development of its long-range transportation plan, each 399 M.P.O. must provide the public, affected public agencies, 400 representatives of transportation agency employees, freight 401 shippers, providers of freight transportation services, private 402 providers of transportation, representatives of users of public 403 transit, and other interested parties with a reasonable 404 opportunity to comment on the long-range transportation plan. 405 The long-range transportation plan must be approved by the 406 M.P.O. 407 Section 14. Paragraph (c) of subsection (3) and paragraph 408 (a) of subsection (4) of section 339.64, Florida Statutes, are 409 amended to read: 410 339.64 Strategic Intermodal System Plan.— 411 (3) 412 (c) The department shall coordinate with federal, regional, 413 and local partners, as well as industry representatives, to 414 consider infrastructure and technological improvements necessary 415 to accommodate advances in vehicle technology, such as automated 416 driving systemsautonomous technologyand other developments, in 417 Strategic Intermodal System facilities. 418 (4) The Strategic Intermodal System Plan shall include the 419 following: 420 (a) A needs assessment that must include, but is not 421 limited to, consideration of infrastructure and technological 422 improvements necessary to accommodate advances in vehicle 423 technology, such as automated driving systemsautonomous424technologyand other developments. 425 Section 15. Section 339.83, Florida Statutes, is amended to 426 read: 427 339.83 Enrollment in federal pilot programs.—The Secretary 428 of Transportation may enroll the State of Florida in any federal 429 pilot program or project for the collection and study of data 430 for the review of federal or state roadway safety, 431 infrastructure sustainability, congestion mitigation, 432 transportation system efficiency, automated driving systems 433autonomous vehicle technology, or capacity challenges. 434 Section 16. Subsection (6) of section 627.0653, Florida 435 Statutes, is amended to read: 436 627.0653 Insurance discounts for specified motor vehicle 437 equipment.— 438 (6) The Office of Insurance Regulation may approve a 439 premium discount to any rates, rating schedules, or rating 440 manuals for the liability, personal injury protection, and 441 collision coverages of a motor vehicle insurance policy filed 442 with the office if the insured vehicle is equipped with an 443 automated driving systemautonomous driving technologyor 444 electronic vehicle collision avoidance technology that is 445 factory installed or a retrofitted system and that complies with 446 National Highway Traffic Safety Administration standards. 447 Section 17. Subsection (1) of section 655.960, Florida 448 Statutes, is amended to read: 449 655.960 Definitions; ss. 655.960-655.965.—As used in this 450 section and ss. 655.961-655.965, unless the context otherwise 451 requires: 452 (1) “Access area” means any paved walkway or sidewalk which 453 is within 50 feet of any automated teller machine. The term does 454 not include any street or highway open to the use of the public, 455 as defined in s. 316.003(82)(a)s. 316.003(81)(a)or (b), 456 including any adjacent sidewalk, as defined in s. 316.003. 457 Section 18. This act shall take effect July 1, 2019.