Bill Amendment: FL S0712 | 2018 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Autonomous Vehicles

Status: 2018-03-10 - Died in Banking and Insurance [S0712 Detail]

Download: Florida-2018-S0712-Senate_Committee_Amendment_837744.html

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       Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 712
       
       
       
       
       
       
                                Ì837744@Î837744                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Transportation (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 329 and 330
    4  insert:
    5         Section 15. Section 324.033, Florida Statutes, is created
    6  to read:
    7         324.033 Manner of proving financial responsibility;
    8  autonomous vehicles.—
    9         (1) All fully autonomous vehicles must have uninsured and
   10  underinsured vehicle coverage as required by s. 627.727,
   11  personal injury protection coverage as required by s. 627.736,
   12  and liability coverage in the amount of at least $500,000 for
   13  combined bodily injury liability and property damage liability
   14  or at least:
   15         (a) One hundred thousand for bodily injury to, or the death
   16  of, one person in any one accident;
   17         (b) Subject to such limits for one person, $300,000 for
   18  bodily injury to, or the death of, two or more persons in any
   19  one accident; and
   20         (c) Fifty thousand for damage to, or destruction of, the
   21  property of others in any one accident.
   22         (2) Notwithstanding subsection (1), the owner or operator
   23  of an autonomous vehicle, as defined in s. 316.003(2), used
   24  commercially for the pickup or delivery of passengers or goods
   25  or for providing other services for compensation, except in the
   26  circumstance of a digital network connecting a user to a driver
   27  or an autonomous vehicle, may prove financial responsibility by
   28  furnishing satisfactory evidence of having automobile insurance
   29  that provides all of the following:
   30         (a) Primary automobile liability coverage of at least $2
   31  million for death, bodily injury, and property damage.
   32         (b) Personal injury protection benefits that meet the
   33  minimum coverage required under ss. 627.730-627.7405.
   34         (c) Uninsured and underinsured vehicle coverage as required
   35  by s. 627.727.
   36         Section 16. Subsection (7) of section 627.748, Florida
   37  Statutes, is amended to read:
   38         627.748 Transportation network companies.—
   39         (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE
   40  REQUIREMENTS.—
   41         (a) Beginning July 1, 2017, A TNC driver or a TNC on behalf
   42  of the TNC driver shall maintain primary automobile insurance
   43  that:
   44         1. Recognizes that the TNC driver is a TNC driver or
   45  otherwise uses a vehicle to transport riders for compensation;
   46  and
   47         2. Covers the TNC driver while the TNC driver is logged on
   48  to the digital network of the TNC or while the TNC driver is
   49  engaged in a prearranged ride.
   50         (b) The following automobile insurance requirements apply
   51  while a participating TNC driver is logged on to the digital
   52  network but is not engaged in a prearranged ride:
   53         1. Automobile insurance that provides:
   54         a. A primary automobile liability coverage of at least
   55  $50,000 for death and bodily injury per person, $100,000 for
   56  death and bodily injury per incident, and $25,000 for property
   57  damage;
   58         b. Personal injury protection benefits that meet the
   59  minimum coverage amounts required under ss. 627.730-627.7405;
   60  and
   61         c. Uninsured and underinsured vehicle coverage as required
   62  by s. 627.727.
   63         2. The coverage requirements of this paragraph may be
   64  satisfied by any of the following:
   65         a. Automobile insurance maintained by the TNC driver;
   66         b. Automobile insurance maintained by the TNC; or
   67         c. A combination of sub-subparagraphs a. and b.
   68         (c) The following automobile insurance requirements apply
   69  while a TNC driver is engaged in a prearranged ride:
   70         1. Automobile insurance that provides:
   71         a. A primary automobile liability coverage of at least $1
   72  million for death, bodily injury, and property damage;
   73         b. Personal injury protection benefits that meet the
   74  minimum coverage amounts required of a limousine under ss.
   75  627.730-627.7405; and
   76         c. Uninsured and underinsured vehicle coverage as required
   77  by s. 627.727.
   78         2. The coverage requirements of this paragraph may be
   79  satisfied by any of the following:
   80         a. Automobile insurance maintained by the TNC driver;
   81         b. Automobile insurance maintained by the TNC; or
   82         c. A combination of sub-subparagraphs a. and b.
   83         (d) Beginning July 1, 2018, the following insurance
   84  requirements apply to all autonomous vehicles, as defined in s.
   85  316.003(2), used by a TNC during prearranged rides while the
   86  vehicles are being driven by an automated driving system:
   87         1. Primary automobile liability coverage of at least $1
   88  million for death, bodily injury, and property damage;
   89         2. Personal injury protection benefits that meet the
   90  minimum coverage amounts required of a limousine under ss.
   91  627.730-627.7405; and
   92         3. Uninsured and underinsured vehicle coverage as required
   93  by s. 627.727.
   94         (e)(d) If the TNC driver’s insurance under paragraph (b) or
   95  paragraph (c) has lapsed or does not provide the required
   96  coverage, the insurance maintained by the TNC must provide the
   97  coverage required under this subsection, beginning with the
   98  first dollar of a claim, and have the duty to defend such claim.
   99         (f)(e) Coverage under an automobile insurance policy
  100  maintained by the TNC must not be dependent on a personal
  101  automobile insurer first denying a claim, and a personal
  102  automobile insurance policy is not required to first deny a
  103  claim.
  104         (g)(f) Insurance required under this subsection must be
  105  provided by an insurer authorized to do business in this state
  106  which is a member of the Florida Insurance Guaranty Association
  107  or an eligible surplus lines insurer that has a superior,
  108  excellent, exceptional, or equivalent financial strength rating
  109  by a rating agency acceptable to the Office of Insurance
  110  Regulation of the Financial Services Commission.
  111         (h)(g) Insurance satisfying the requirements under this
  112  subsection is deemed to satisfy the financial responsibility
  113  requirement for a motor vehicle under chapter 324 and the
  114  security required under s. 627.733 for any period when the TNC
  115  driver is logged onto the digital network or engaged in a
  116  prearranged ride.
  117         (i)(h) A TNC driver shall carry proof of coverage
  118  satisfying paragraphs (b) and (c) with him or her at all times
  119  during his or her use of a TNC vehicle in connection with a
  120  digital network. In the event of an accident, a TNC driver shall
  121  provide this insurance coverage information to any party
  122  directly involved in the accident or the party’s designated
  123  representative, automobile insurers, and investigating police
  124  officers. Proof of financial responsibility may be presented
  125  through an electronic device, such as a digital phone
  126  application, under s. 316.646. Upon request, a TNC driver shall
  127  also disclose to any party directly involved in the accident or
  128  the party’s designated representative, automobile insurers, and
  129  investigating police officers whether he or she was logged on to
  130  a digital network or was engaged in a prearranged ride at the
  131  time of the accident.
  132         (j)(i) If a TNC’s insurer makes a payment for a claim
  133  covered under comprehensive coverage or collision coverage, the
  134  TNC shall cause its insurer to issue the payment directly to the
  135  business repairing the vehicle or jointly to the owner of the
  136  vehicle and the primary lienholder on the covered vehicle.
  137  
  138  ================= T I T L E  A M E N D M E N T ================
  139  And the title is amended as follows:
  140         Between lines 50 and 51
  141  insert:
  142         creating s. 324.033, F.S.; providing insurance
  143         requirements for all fully autonomous vehicles;
  144         authorizing the owner or operator of an autonomous
  145         vehicle used for certain purposes to prove financial
  146         responsibility by furnishing satisfactory evidence of
  147         having certain automobile insurance; amending s.
  148         627.748, F.S.; deleting an obsolete provision;
  149         beginning on a specified date, providing that
  150         specified insurance requirements apply to all
  151         autonomous vehicles used by a transportation network
  152         company (TNC) during prearranged rides while the
  153         vehicles are being driven by an automated driving
  154         system;