Bill Amendment: FL S1194 | 2021 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Transportation

Status: 2021-07-06 - Chapter No. 2021-188 [S1194 Detail]

Download: Florida-2021-S1194-Senate_Floor_Amendment_805198.html

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       Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 1194
       
       
       
       
       
       
                                Ì805198MÎ805198                         
       
                              LEGISLATIVE ACTION                        
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       Senator Brandes moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 191 and 192
    4  insert:
    5         Section 3. Present subsections (38) through (105) of
    6  section 316.003, Florida Statutes, are redesignated as
    7  subsections (39) through (106), respectively, a new subsection
    8  (38) is added to that section, and subsection (2) and present
    9  subsection (62) of that section are amended, to read:
   10         316.003 Definitions.—The following words and phrases, when
   11  used in this chapter, shall have the meanings respectively
   12  ascribed to them in this section, except where the context
   13  otherwise requires:
   14         (2) AUTOCYCLE.—A three-wheeled motorcycle that has two
   15  wheels in the front and one wheel in the back; is equipped with
   16  a roll cage or roll hoops, a seat belt for each occupant,
   17  antilock brakes that meet the requirements of Federal Motor
   18  Vehicle Safety Standard No. 122, a steering mechanism wheel, and
   19  seating that does not require the operator to straddle or sit
   20  astride it; and is manufactured in accordance with the
   21  applicable federal motorcycle safety standards in 49 C.F.R. part
   22  571 by a manufacturer registered with the National Highway
   23  Traffic Safety Administration.
   24         (38) LOW-SPEED AUTONOMOUS DELIVERY VEHICLE.—A fully
   25  autonomous vehicle that meets the definition of a low-speed
   26  vehicle in 49 C.F.R. s. 571.3.
   27         (63)(62) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
   28  provided in paragraph (85)(b) (84)(b), any privately owned way
   29  or place used for vehicular travel by the owner and those having
   30  express or implied permission from the owner, but not by other
   31  persons.
   32         Section 4. Section 316.2122, Florida Statutes, is amended
   33  to read:
   34         316.2122 Operation of a low-speed vehicle, or mini truck,
   35  or low-speed autonomous delivery vehicle on certain roadways.—
   36         (1) The operation of a low-speed vehicle as defined in s.
   37  320.01 or a mini truck as defined in s. 320.01 on any road is
   38  authorized with the following restrictions:
   39         (a)(1) A low-speed vehicle or mini truck may be operated
   40  only on streets where the posted speed limit is 35 miles per
   41  hour or less. This does not prohibit a low-speed vehicle or mini
   42  truck from crossing a road or street at an intersection where
   43  the road or street has a posted speed limit of more than 35
   44  miles per hour.
   45         (b)(2) A low-speed vehicle must be equipped with headlamps,
   46  stop lamps, turn signal lamps, taillamps, reflex reflectors,
   47  parking brakes, rearview mirrors, windshields, seat belts, and
   48  vehicle identification numbers.
   49         (c)(3) A low-speed vehicle or mini truck must be registered
   50  and insured in accordance with s. 320.02 and titled pursuant to
   51  chapter 319.
   52         (d)(4) Any person operating a low-speed vehicle or mini
   53  truck must have in his or her possession a valid driver license.
   54         (2) The operation of a low-speed autonomous delivery
   55  vehicle on any road is authorized with the following
   56  restrictions:
   57         (a) A low-speed autonomous delivery vehicle may operate
   58  only on streets or roads where the posted speed limit is 35
   59  miles per hour or less. This paragraph does not prohibit a low
   60  speed autonomous delivery vehicle from crossing a road or street
   61  at an intersection where the road or street has a posted speed
   62  limit of more than 35 miles per hour.
   63         (b) A low-speed autonomous delivery vehicle may operate on
   64  a street or road with a posted speed limit of more than 35 miles
   65  per hour, but no more than 45 miles per hour, if:
   66         1. The low-speed autonomous delivery vehicle travels no
   67  more than 1 continuous mile on such a street or road, except
   68  that the vehicle may travel in excess of 1 continuous mile if
   69  authorized by the entity with jurisdiction over the street or
   70  road;
   71         2. The low-speed autonomous delivery vehicle operates
   72  exclusively in the right lane, other than for the purpose of
   73  completing a turn; and
   74         3. On a two-lane street or road where overtaking and
   75  passing another vehicle is unsafe because of traffic moving in
   76  the opposite direction or because of other unsafe conditions,
   77  and five or more vehicles are formed in a line behind the
   78  autonomous delivery vehicle, the low-speed autonomous delivery
   79  vehicle exits the roadway wherever a sufficient area for a safe
   80  turn-out exists, to permit the vehicles following to proceed.
   81         (c) A low-speed autonomous delivery vehicle must be
   82  equipped with headlamps, stop lamps, turn signal lamps,
   83  taillamps, reflex reflectors, and vehicle identification
   84  numbers.
   85         (d) Federal regulations adopted by the National Highway
   86  Traffic Safety Administration shall supersede this subsection
   87  when found to be in conflict with this subsection.
   88         (e) A low-speed autonomous delivery vehicle must be covered
   89  by a policy of automobile insurance which provides the coverage
   90  required by s. 627.749(2)(a)1., 2., and 3. The coverage
   91  requirements of this paragraph may be satisfied by automobile
   92  insurance maintained by the owner of a low-speed autonomous
   93  delivery vehicle, the owner of the teleoperation system, the
   94  remote human operator, or a combination thereof.
   95         (3)(5) A county or municipality may prohibit the operation
   96  of low-speed vehicles or mini trucks on any road under its
   97  jurisdiction if the governing body of the county or municipality
   98  determines that such prohibition is necessary in the interest of
   99  safety.
  100         (4)(6) The Department of Transportation may prohibit the
  101  operation of low-speed vehicles or mini trucks on any road under
  102  its jurisdiction if it determines that such prohibition is
  103  necessary in the interest of safety.
  104         Section 5. Present subsection (6) of section 316.215,
  105  Florida Statutes, is redesignated as subsection (7), a new
  106  subsection (6) is added to that section, and present subsection
  107  (6) is republished, to read:
  108         316.215 Scope and effect of regulations.—
  109         (6) The provisions of any motor vehicle equipment laws or
  110  regulations of this state which relate to or support motor
  111  vehicle operation by a human driver but are not relevant for an
  112  automated driving system shall not apply to fully autonomous
  113  vehicles that are designed to be operated exclusively by the
  114  automated driving system for all trips.
  115         (7)(6) A violation of this section is a noncriminal traffic
  116  infraction, punishable as a nonmoving violation as provided in
  117  chapter 318.
  118         Section 6. Paragraph (a) of subsection (3) of section
  119  316.306, Florida Statutes, is amended to read:
  120         316.306 School and work zones; prohibition on the use of a
  121  wireless communications device in a handheld manner.—
  122         (3)(a)1. A person may not operate a motor vehicle while
  123  using a wireless communications device in a handheld manner in a
  124  designated school crossing, school zone, or work zone area as
  125  defined in s. 316.003(106) s. 316.003(105). This subparagraph
  126  shall only be applicable to work zone areas if construction
  127  personnel are present or are operating equipment on the road or
  128  immediately adjacent to the work zone area. For the purposes of
  129  this paragraph, a motor vehicle that is stationary is not being
  130  operated and is not subject to the prohibition in this
  131  paragraph.
  132         2.a. During the period from October 1, 2019, through
  133  December 31, 2019, a law enforcement officer may stop motor
  134  vehicles to issue verbal or written warnings to persons who are
  135  in violation of subparagraph 1. for the purposes of informing
  136  and educating such persons of this section. This sub
  137  subparagraph shall stand repealed on October 1, 2020.
  138         b. Effective January 1, 2020, a law enforcement officer may
  139  stop motor vehicles and issue citations to persons who are
  140  driving while using a wireless communications device in a
  141  handheld manner in violation of subparagraph 1.
  142         Section 7. Subsection (1) of section 655.960, Florida
  143  Statutes, is amended to read:
  144         655.960 Definitions; ss. 655.960-655.965.—As used in this
  145  section and ss. 655.961-655.965, unless the context otherwise
  146  requires:
  147         (1) “Access area” means any paved walkway or sidewalk which
  148  is within 50 feet of any automated teller machine. The term does
  149  not include any street or highway open to the use of the public,
  150  as defined in s. 316.003(85)(a) or (b) s. 316.003(84)(a) or (b),
  151  including any adjacent sidewalk, as defined in s. 316.003.
  152  
  153  ================= T I T L E  A M E N D M E N T ================
  154  And the title is amended as follows:
  155         Between lines 20 and 21
  156  insert:
  157         amending s. 316.003, F.S.; revising the definition of
  158         the term “autocycle”; defining the term “low-speed
  159         autonomous delivery vehicle”; amending s. 316.2122,
  160         F.S.; authorizing the operation of a low-speed
  161         autonomous delivery vehicle on certain streets and
  162         roads; providing construction; authorizing the
  163         operation of a low-speed autonomous delivery vehicle
  164         on streets or roads with a posted speed limit of up to
  165         45 miles per hour under specified conditions;
  166         providing requirements for low-speed autonomous
  167         delivery vehicles; amending s. 316.215, F.S.;
  168         providing that certain fully autonomous vehicles are
  169         not subject to certain provisions of law or
  170         regulations; amending ss. 316.306 and 655.960, F.S.;
  171         conforming cross-references;