Bill Text: FL S0712 | 2018 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Autonomous Vehicles
Spectrum: Bipartisan Bill
Status: (Failed) 2018-03-10 - Died in Banking and Insurance [S0712 Detail]
Download: Florida-2018-S0712-Introduced.html
Bill Title: Autonomous Vehicles
Spectrum: Bipartisan Bill
Status: (Failed) 2018-03-10 - Died in Banking and Insurance [S0712 Detail]
Download: Florida-2018-S0712-Introduced.html
Florida Senate - 2018 SB 712 By Senator Brandes 24-00494E-18 2018712__ 1 A bill to be entitled 2 An act relating to autonomous vehicles; amending s. 3 316.003, F.S.; defining, revising, and deleting terms; 4 amending ss. 316.062, 316.063, 316.065, and 316.1975, 5 F.S.; providing applicability; amending s. 316.303, 6 F.S.; exempting an autonomous vehicle being operated 7 in autonomous mode from a certain prohibition on the 8 operation of a motor vehicle if the vehicle is 9 actively displaying certain content that is visible 10 from the driver’s seat while the vehicle is in motion; 11 revising construction; amending s. 316.305, F.S.; 12 exempting a motor vehicle operator who is operating an 13 autonomous vehicle from a specified provision; 14 amending s. 316.85, F.S.; providing that a licensed 15 human operator is not required to operate a fully 16 autonomous vehicle; authorizing a fully autonomous 17 vehicle to operate in this state regardless of whether 18 a licensed human operator is physically present in the 19 vehicle; requiring the automated driving system to be 20 deemed to be the operator of an autonomous vehicle 21 operating in autonomous mode, regardless of whether a 22 person is physically present in the vehicle while the 23 vehicle is operating in autonomous mode; providing 24 construction; amending s. 319.145, F.S.; revising 25 requirements for autonomous vehicles registered in 26 this state; specifying requirements for autonomous 27 vehicles that are not fully autonomous and vehicles 28 that are fully autonomous; creating s. 322.015, F.S.; 29 providing applicability; amending s. 339.175, F.S.; 30 requiring a long-range transportation plan to consider 31 infrastructure and technological improvements 32 necessary to accommodate advances in vehicle 33 technology, such as automated driving systems; 34 amending s. 339.64, F.S.; requiring the Department of 35 Transportation to coordinate with certain partners and 36 industry representatives to consider infrastructure 37 and technological improvements necessary to 38 accommodate advances in vehicle technology, such as 39 automated driving systems, in Strategic Intermodal 40 System facilities; conforming a provision to changes 41 made by the act; amending s. 339.83, F.S.; authorizing 42 the Secretary of Transportation to enroll the state in 43 any federal pilot program or project for the 44 collection and study of data for the review of 45 automated driving systems; amending s. 627.0653, F.S.; 46 authorizing the Office of Insurance Regulation to 47 approve a certain premium discount for the liability, 48 personal injury protection, and collision coverages of 49 a motor vehicle insurance policy if the insured 50 vehicle is equipped with an automated driving system; 51 providing an effective date. 52 53 Be It Enacted by the Legislature of the State of Florida: 54 55 Section 1. Subsection (2) of section 316.003, Florida 56 Statutes, is amended to read: 57 316.003 Definitions.—The following words and phrases, when 58 used in this chapter, shall have the meanings respectively 59 ascribed to them in this section, except where the context 60 otherwise requires: 61 (2) AUTOMATED DRIVING SYSTEM.—The hardware and software 62 that are collectively capable of performing the entire dynamic 63 driving task of an autonomous vehicle on a sustained basis, 64 regardless of whether it is limited to a specific operational 65 design domain, as specified in SAE International Standard J3016 66 (Revised September 2016). The term “autonomous vehicle” means 67AUTONOMOUS VEHICLE.—any vehicle equipped with an automated 68 driving system designed to function at a level of driving 69 automation of Level 3, 4, or 5, as specified in SAE 70 International Standard J3016 (Revised September 2016). The term 71 “fully autonomous vehicle” means a vehicle equipped with an 72 automated driving system designed to function at a level of 73 driving automation of Level 4 or 5, as specified in SAE 74 International Standard J3016 (Revised September 2016)autonomous75technology. The term “autonomous technology” means technology76installed on a motor vehicle that has the capability to drive77the vehicle on which the technology is installed without the78active control or monitoring by a human operator.The term79excludesa motor vehicle enabled with active safety systems or80driver assistance systems, including, without limitation, a81system to provide electronic blind spot assistance, crash82avoidance, emergency braking, parking assistance, adaptive83cruise control, lane keep assistance, lane departure warning, or84traffic jam and queuing assistant, unless any such system alone85or in combination with other systems enables the vehicle on86which the technology is installed to drive without active87control or monitoring by a human operator. 88 Section 2. Subsection (5) is added to section 316.062, 89 Florida Statutes, to read: 90 316.062 Duty to give information and render aid.— 91 (5) This section does not apply to a fully autonomous 92 vehicle operating in autonomous mode in the event of a crash 93 involving the vehicle if the vehicle owner, or a person on 94 behalf of the vehicle owner, promptly contacts a law enforcement 95 agency to report the crash or if the autonomous vehicle has the 96 capability of alerting a law enforcement agency to the crash. 97 Section 3. Subsection (4) is added to section 316.063, 98 Florida Statutes, to read: 99 316.063 Duty upon damaging unattended vehicle or other 100 property.— 101 (4) This section does not apply to a fully autonomous 102 vehicle operating in autonomous mode in the event of a crash 103 involving the vehicle if the vehicle owner, or a person on 104 behalf of the vehicle owner, promptly contacts a law enforcement 105 agency to report the crash or if the autonomous vehicle has the 106 capability of alerting a law enforcement agency to the crash. 107 Section 4. Subsection (5) is added to section 316.065, 108 Florida Statutes, to read: 109 316.065 Crashes; reports; penalties.— 110 (5) Subsection (1) does not apply to a fully autonomous 111 vehicle operating in autonomous mode in the event of a crash 112 involving the vehicle if the vehicle owner, or a person on 113 behalf of the vehicle owner, promptly contacts a law enforcement 114 agency to report the crash or if the autonomous vehicle has the 115 capability of alerting a law enforcement agency to the crash. 116 Section 5. Subsection (3) is added to section 316.1975, 117 Florida Statutes, to read: 118 316.1975 Unattended motor vehicle.— 119 (3) This section does not apply to a fully autonomous 120 vehicle operating in autonomous mode. 121 Section 6. Section 316.303, Florida Statutes, is amended to 122 read: 123 316.303 Television receivers.— 124 (1) No motor vehicle may be operated on the highways of 125 this state if the vehicle is actively displaying moving 126 television broadcast or pre-recorded video entertainment content 127 that is visible from the driver’s seat while the vehicle is in 128 motion, unless the vehicle is an autonomous vehicleequipped129with autonomous technology, as defined in s. 316.003(2), and is 130 being operated in autonomous mode, as provided in s. 316.85(2). 131 (2) This section does not prohibit the use of television 132 type receiving equipment used exclusively for safety or law 133 enforcement purposes, provided such use is approved by the 134 department. 135 (3) This section does not prohibit the use of an electronic 136 display used in conjunction with a vehicle navigation system; an 137 electronic display used by an operator of an autonomous vehicle 138a vehicle equipped with autonomous technology, as defined in s. 139 316.003(2)s. 316.003; or an electronic display used by an 140 operator of a vehicle equipped and operating with driver 141 assistive truck platooning technology, as defined in s. 316.003. 142 (4) A violation of this section is a noncriminal traffic 143 infraction, punishable as a nonmoving violation as provided in 144 chapter 318. 145 Section 7. Paragraph (b) of subsection (3) of section 146 316.305, Florida Statutes, is amended to read: 147 316.305 Wireless communications devices; prohibition.— 148 (3) 149 (b) Paragraph (a) does not apply to a motor vehicle 150 operator who is: 151 1. Performing official duties as an operator of an 152 authorized emergency vehicle as defined in s. 322.01, a law 153 enforcement or fire service professional, or an emergency 154 medical services professional. 155 2. Reporting an emergency or criminal or suspicious 156 activity to law enforcement authorities. 157 3. Receiving messages that are: 158 a. Related to the operation or navigation of the motor 159 vehicle; 160 b. Safety-related information, including emergency, 161 traffic, or weather alerts; 162 c. Data used primarily by the motor vehicle; or 163 d. Radio broadcasts. 164 4. Using a device or system for navigation purposes. 165 5. Conducting wireless interpersonal communication that 166 does not require manual entry of multiple letters, numbers, or 167 symbols, except to activate, deactivate, or initiate a feature 168 or function. 169 6. Conducting wireless interpersonal communication that 170 does not require reading text messages, except to activate, 171 deactivate, or initiate a feature or function. 172 7. Operating an autonomous vehicle, as defined in s. 173 316.003(2)s. 316.003, in autonomous mode. 174 Section 8. Section 316.85, Florida Statutes, is amended to 175 read: 176 316.85 Autonomous vehicles; operation; compliance with 177 traffic and motor vehicle laws.— 178 (1) Notwithstanding any other law, a licensed human 179 operator is not required to operate a fully autonomous vehicleA180person who possesses a valid driver license may operate an181autonomous vehicle in autonomous mode on roads in this state if182the vehicle is equipped with autonomous technology, as defined 183 in s. 316.003(2)s. 316.003. 184 (2) A fully autonomous vehicle may operate in this state 185 regardless of whether a licensed human operator is physically 186 present in the vehicle. 187 (3)(a) For purposes of this chapter, unless the context 188 otherwise requires, the automated driving systema personshall 189 be deemed to be the operator of an autonomous vehicle operating 190 in autonomous modewhen the person causes the vehicle’s191autonomous technology to engage, regardless of whether athe192 person is physically present in the vehicle while the vehicle is 193 operating in autonomous mode. 194 (b) Unless otherwise provided by law, applicable traffic or 195 motor vehicle laws of this state may not be construed to: 196 1. Prohibit the automated driving system from being deemed 197 the operator of an autonomous vehicle operating in autonomous 198 mode. 199 2. Require a licensed human operator to operate a fully 200 autonomous vehicle. 201 Section 9. Section 319.145, Florida Statutes, is amended to 202 read: 203 319.145 Autonomous vehicles.— 204 (1) An autonomous vehicle registered in this state must 205 meet all of the following requirements: 206 (a) Have been certified by the vehicle manufacturer as 207 meetingcontinue to meetapplicable federal standards and 208 regulations for such motor vehicle at the time of its 209 manufacture. 210 (b) Be capable of being operated in compliance with the 211 applicable traffic and motor vehicle laws of this state, whether 212 or not the vehicle is operating in autonomous mode. 213 (c) Have a means, inside the vehicle, to visually indicate 214 when the vehicle is operating in autonomous mode. 215 (2) If the autonomous vehicle is not fully autonomous, the 216 vehicle must:217(a)have a system to safely alert a licensed humanthe218 operator physically present in the vehicle if an automated 219 driving systemautonomous technologyfailure is detected while 220 the automated driving systemautonomous technologyis engaged. 221 When an alert is given, the system must:2221.require the licensed human operator to take control of 223 the autonomous vehicle; or2242. If the operator does not, or is not able to, take225control of the autonomous vehicle, be capable of bringing the226vehicle to acomplete stop.227(b) Have a means, inside the vehicle, to visually indicate228when the vehicle is operating in autonomous mode.229(c) Be capable of being operated in compliance with the230applicable traffic and motor vehicle laws of this state. 231 (3) If the vehicle is a fully autonomous vehicle, the 232 automated driving system must be capable of bringing the vehicle 233 to a complete stop if a failure of the system occurs. 234 (4)(2)Federal regulations promulgated by the National 235 Highway Traffic Safety Administration shall supersede this 236 section when found to be in conflict with this section. 237 Section 10. Section 322.015, Florida Statutes, is created 238 to read: 239 322.015 Exemption.—The requirements of this chapter do not 240 apply when a fully autonomous vehicle is operated in autonomous 241 mode without a licensed human operator physically present in the 242 vehicle. 243 Section 11. Paragraph (c) of subsection (7) of section 244 339.175, Florida Statutes, is amended to read: 245 339.175 Metropolitan planning organization.— 246 (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must 247 develop a long-range transportation plan that addresses at least 248 a 20-year planning horizon. The plan must include both long 249 range and short-range strategies and must comply with all other 250 state and federal requirements. The prevailing principles to be 251 considered in the long-range transportation plan are: preserving 252 the existing transportation infrastructure; enhancing Florida’s 253 economic competitiveness; and improving travel choices to ensure 254 mobility. The long-range transportation plan must be consistent, 255 to the maximum extent feasible, with future land use elements 256 and the goals, objectives, and policies of the approved local 257 government comprehensive plans of the units of local government 258 located within the jurisdiction of the M.P.O. Each M.P.O. is 259 encouraged to consider strategies that integrate transportation 260 and land use planning to provide for sustainable development and 261 reduce greenhouse gas emissions. The approved long-range 262 transportation plan must be considered by local governments in 263 the development of the transportation elements in local 264 government comprehensive plans and any amendments thereto. The 265 long-range transportation plan must, at a minimum: 266 (c) Assess capital investment and other measures necessary 267 to: 268 1. Ensure the preservation of the existing metropolitan 269 transportation system including requirements for the operation, 270 resurfacing, restoration, and rehabilitation of major roadways 271 and requirements for the operation, maintenance, modernization, 272 and rehabilitation of public transportation facilities; and 273 2. Make the most efficient use of existing transportation 274 facilities to relieve vehicular congestion, improve safety, and 275 maximize the mobility of people and goods. Such efforts must 276 include, but are not limited to, consideration of infrastructure 277 and technological improvements necessary to accommodate advances 278 in vehicle technology, such as automated driving systems 279autonomous technologyand other developments. 280 281 In the development of its long-range transportation plan, each 282 M.P.O. must provide the public, affected public agencies, 283 representatives of transportation agency employees, freight 284 shippers, providers of freight transportation services, private 285 providers of transportation, representatives of users of public 286 transit, and other interested parties with a reasonable 287 opportunity to comment on the long-range transportation plan. 288 The long-range transportation plan must be approved by the 289 M.P.O. 290 Section 12. Paragraph (c) of subsection (3) and paragraph 291 (a) of subsection (4) of section 339.64, Florida Statutes, are 292 amended to read: 293 339.64 Strategic Intermodal System Plan.— 294 (3) 295 (c) The department shall coordinate with federal, regional, 296 and local partners, as well as industry representatives, to 297 consider infrastructure and technological improvements necessary 298 to accommodate advances in vehicle technology, such as automated 299 driving systemsautonomous technologyand other developments, in 300 Strategic Intermodal System facilities. 301 (4) The Strategic Intermodal System Plan shall include the 302 following: 303 (a) A needs assessment that must include, but is not 304 limited to, consideration of infrastructure and technological 305 improvements necessary to accommodate advances in vehicle 306 technology, such as automated driving systemsautonomous307technologyand other developments. 308 Section 13. Section 339.83, Florida Statutes, is amended to 309 read: 310 339.83 Enrollment in federal pilot programs.—The Secretary 311 of Transportation may enroll the State of Florida in any federal 312 pilot program or project for the collection and study of data 313 for the review of federal or state roadway safety, 314 infrastructure sustainability, congestion mitigation, 315 transportation system efficiency, automated driving systems 316autonomous vehicle technology, or capacity challenges. 317 Section 14. Subsection (6) of section 627.0653, Florida 318 Statutes, is amended to read: 319 627.0653 Insurance discounts for specified motor vehicle 320 equipment.— 321 (6) The Office of Insurance Regulation may approve a 322 premium discount to any rates, rating schedules, or rating 323 manuals for the liability, personal injury protection, and 324 collision coverages of a motor vehicle insurance policy filed 325 with the office if the insured vehicle is equipped with an 326 automated driving systemautonomous driving technologyor 327 electronic vehicle collision avoidance technology that is 328 factory installed or a retrofitted system and that complies with 329 National Highway Traffic Safety Administration standards. 330 Section 15. This act shall take effect July 1, 2018.