HB 353 — Autonomous Vehicles

hb0353-00hb0353-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 353 2018 (a)International OperateStandard theJ3016 an(Revised autonomousSeptember vehicle2016). in autonomous mode on roads in this state;

orThe (b)term Engage"fully ifautonomous thevehicle" vehiclemeans isa vehicle equipped with autonomousan technologyautomated todriving operatesystem thedesigned autonomousto vehiclefunction inat autonomousa modelevel onof roadsdriving inautomation thisof state,Level regardless4 ofor whether5, aas humanspecified personin isSAE physicallyInternational presentStandard inJ3016 the(Revised vehicle,September as2016) definedautonomous intechnology. s.

316.003.The term "autonomous technology" means technology installed on a motor vehicle that has the capability to drive the vehicle on which the technology is installed without the active control or monitoring by a human operator.

(2)(a)The Forterm purposesexcludes ofa thismotor chapter,vehicle unlessenabled thewith contextactive otherwisesafety requires,systems autonomousor technologydriver aassistance personsystems, shallincluding, bewithout deemedlimitation, a system to beprovide theelectronic operatorblind ofspot anassistance, autonomouscrash vehicleavoidance, operatingemergency inbraking, autonomousparking modeassistance, whenadaptive thecruise personcontrol, causeslane thekeep vehicle'sassistance, autonomouslane technologydeparture towarning, engage,or regardlesstraffic ofjam whetherand aqueuing humanassistant, theunless personany issuch physicallysystem presentalone or in combination with other systems enables the vehicle whileon which the vehicletechnology is operatinginstalled into autonomousdrive mode.without active control or monitoring by a human operator.

(b) Unless otherwise provided by law, an applicable traffic or motor vehicle law of this state does not:

1.

Prohibit autonomous technology from being deemed the operator of an autonomous vehicle operating in autonomous mode.

2.

Require a licensed human operator to operate an autonomous vehicle when in autonomous mode, except as provided in s.

319.145(1).

For purposes of this subparagraph, the term "human operator" means a natural person physically present in the vehicle with immediate access to controls for steering, braking, and acceleration.

316.062 Duty to give information and render aid.— (5) This section does not apply to a fully autonomous vehicle operating in autonomous mode in the event of a crash involving the vehicle if the vehicle owner, or a person on behalf of the vehicle owner, promptly contacts a law enforcement Page 23 of 519 CODING:

hb0353-00hb0353-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 353 2018 316.062 Duty to give information and render aid.— (5) This section does not apply to an autonomous vehicle operating in autonomous mode in the event of a crash involving the vehicle if the vehicle owner, or a person on behalf of the vehicle owner, promptly contacts a law enforcement agency to report the crash or if the autonomous vehicle has the capability of alerting a law enforcement agency to the crash.

316.063 Duty upon damaging unattended vehicle or other property.— (4) This section does not apply to ana fully autonomous vehicle operating in autonomous mode in the event of a crash involving the vehicle if the vehicle owner, or a person on behalf of the vehicle owner, promptly contacts a law enforcement agency to report the crash or if the autonomous vehicle has the capability of alerting a law enforcement agency to the crash.

penalties.— (5) Subsection (1) does not apply to ana fully autonomous vehicle operating in autonomous mode in the event of a crash involving the vehicle if the vehicle owner, or a person on behalf of the vehicle owner, promptly contacts a law enforcement agency to report the crash or if the autonomous vehicle has the capability Pageof 3alerting ofa 5law CODING:enforcement agency to the crash.

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hb0353-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 353 2018 of alerting a law enforcement agency to the crash.

316.1975 Unattended motor vehicle.— (3) This section does not apply to ana fully autonomous vehiclePage operating4 inof autonomous19 mode.CODING:

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hb0353-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 353 2018 vehicle operating in autonomous mode.

SubsectionSection (1)316.303, of section 319.145, Florida Statutes, is amended to read:

319.145316.303 AutonomousTelevision vehicles.—receivers.— (1) AnNo autonomousmotor vehicle registeredmay inbe operated on the highways of this state mustif continuethe tovehicle meetis applicableactively federaldisplaying standardsmoving andtelevision regulationsbroadcast foror suchpre-recorded motorvideo vehicle.entertainment content that is visible from the driver's seat while the vehicle is in motion, unless the vehicle is an equipped with autonomous vehicle technology, as defined in s.

Regardless316.003(2), ofand whether a human operator is physicallybeing presentoperated in theautonomous vehicle,mode, theas vehicleprovided must:in s.

(a)316.85(2). Have a system to safely alert a human the operator physically present in the vehicle if an autonomous technology failure is detected while the autonomous technology is engaged.

(2) This section does not prohibit the use of television- type receiving equipment used exclusively for safety or law enforcement purposes, provided such use is approved by the department.

(3) This section does not prohibit the use of an electronic display used in conjunction with a vehicle navigation system;

an electronic display used by an operator of an autonomous a vehicle equipped with autonomous technology, as defined in s.

316.003(2) s.

316.003;

or an electronic display used by an operator of a vehicle equipped and operating with driver-assistive truck platooning technology, as defined in s.

316.003.

(4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in Page 5 of 19 CODING:

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hb0353-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 353 2018 chapter 318.

Section 7.

Paragraph (b) of subsection (3) of section 316.305, Florida Statutes, is amended to read:

316.305 Wireless communications devices;

prohibition.— (3) (b) Paragraph (a) does not apply to a motor vehicle operator who is:

1.

Performing official duties as an operator of an authorized emergency vehicle as defined in s.

322.01, a law enforcement or fire service professional, or an emergency medical services professional.

2.

Reporting an emergency or criminal or suspicious activity to law enforcement authorities.

3.

Receiving messages that are:

a.

Related to the operation or navigation of the motor vehicle;

b.

Safety-related information, including emergency, traffic, or weather alerts;

c.

Data used primarily by the motor vehicle;

or d.

Radio broadcasts.

4.

Using a device or system for navigation purposes.

5.

Conducting wireless interpersonal communication that does not require manual entry of multiple letters, numbers, or symbols, except to activate, deactivate, or initiate a feature or function.

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hb0353-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 353 2018 6.

Conducting wireless interpersonal communication that does not require reading text messages, except to activate, deactivate, or initiate a feature or function.

7.

Operating an autonomous vehicle, as defined in s.

316.003(2) s.

316.003, in autonomous mode.

Section 8.

Section 316.85, Florida Statutes, is amended to read:

316.85 Autonomous vehicles;

operation;

compliance with traffic and motor vehicle laws;

testing;

preemption.— (1) Notwithstanding any other law, a licensed human operator is not required to operate a fully autonomous vehicle A person who possesses a valid driver license may operate an autonomous vehicle in autonomous mode on roads in this state if the vehicle is equipped with autonomous technology, as defined in s.

316.003(2) s.

316.003.

(2) A fully autonomous vehicle may operate in this state regardless of whether a licensed human operator is physically present in the vehicle.

(3)(a)(2) For purposes of this chapter, unless the context otherwise requires, the automated driving system a person shall be deemed to be the operator of an autonomous vehicle operating in autonomous mode when the person causes the vehicle's autonomous technology to engage, regardless of whether a the person is physically present in the vehicle while the vehicle is operating in autonomous mode.

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hb0353-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 353 2018 (b) Unless otherwise provided by law, applicable traffic or motor vehicle laws of this state may not be construed to:

1.

Prohibit the automated driving system from being deemed the operator of an autonomous vehicle operating in autonomous mode.

2.

Require a licensed human operator to operate a fully autonomous vehicle.

(4) The Florida Turnpike Enterprise may fund, construct, and operate test facilities for the advancement of autonomous and connected innovative transportation technology solutions for the purposes of improving safety and decreasing congestion for the traveling public and to otherwise advance the objectives of the Florida Turnpike Enterprise as set forth in the Florida Transportation Code.

(5) It is the intent of the Legislature to provide for uniformity of laws governing autonomous vehicles throughout the state.

A local government may not impose any tax, fee, or other requirement on autonomous technology or autonomous vehicles or on a person who operates an autonomous vehicle, including a person who operates an autonomous vehicle for purposes of providing passenger transportation services.

Section 9.

Section 319.145, Florida Statutes, is amended to read:

319.145 Autonomous vehicles.— (1) An autonomous vehicle registered in this state must Page 8 of 19 CODING:

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hb0353-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 353 2018 continue to meet all of the following requirements:

(a) Comply with applicable federal law standards and regulations for such motor vehicle.

(b) When required by federal law, have been certified in accordance with federal regulations in 49 C.F.R.

part 567 as being in compliance with applicable federal motor vehicle safety standards and bear the required certification label or labels including reference to any exemption granted under applicable federal law.

(c) Be capable of being operated in compliance with the applicable traffic and motor vehicle laws of this state, regardless of whether the vehicle is operating in autonomous mode.

(d) Have a means, inside the vehicle, to visually indicate when the vehicle is operating in autonomous mode.

(2) If the autonomous vehicle is not fully autonomous, the vehicle must:

(a) have a system to safely alert a licensed human the operator physically present in the vehicle if an automated driving system autonomous technology failure is detected while the automated driving system autonomous technology is engaged.

If a human operator is physically present in the vehicle, require the licensed human operator to take control of the autonomous vehicle;

If a human the operator does not, or is not able to, take controlPage of9 the autonomous vehicle or if a human operator is not physically present in the vehicle, be capable of bringing19 theCODING: vehicle to a complete stop.

(b) Have a means, inside the vehicle, to visually indicate Page 4 of 5 CODING:

hb0353-00hb0353-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 353 2018 whencontrol of the vehicleautonomous isvehicle, operatingbe incapable autonomousof mode.bringing the vehicle to a complete stop.

(b) Have a means, inside the vehicle, to visually indicate when the vehicle is operating in autonomous mode.

For(3) purposesIf ofthe thisautonomous subsection,vehicle theis termfully "humanautonomous, operator"the meansautomated adriving naturalsystem personmust physicallybe presentcapable inof bringing the vehicle withto immediatea accesscomplete tostop controlsif fora steering,failure braking,of andthe acceleration.system occurs.

Section(4)(2) 7.Federal regulations promulgated by the National Highway Traffic Safety Administration shall supersede this section when found to be in conflict with this section.

Section 10.

322.015 Exemption.—This chapter does not apply when ana fully autonomous vehicle is operated in autonomous mode without a licensed human operator physically present in the vehicle.

ForSection purposes11. of this section, the term "human operator" means a natural person physically present in the vehicle with immediate access to controls for steering, braking, and acceleration.

Section 8.324.033, Florida Statutes, is created to read:

324.033 Manner of proving financial responsibility;

autonomous vehicles.— (1) All fully autonomous vehicles must have uninsured and underinsured vehicle coverage as required by s.

627.727, personal injury protection coverage as provided by s.

627.736, and liability coverage in the amount of at least $500,000 for Page 10 of 19 CODING:

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hb0353-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 353 2018 combined bodily injury liability and property damage liability or at least:

(a) One hundred thousand dollars for bodily injury to, or the death of, one person in any one accident;

(b) Subject to such limits for one person, $300,000 for bodily injury to, or the death of, two or more persons in any one accident;

and (c) Fifty thousand dollars for damage to, or destruction of, the property of others in any one accident.

(2) Notwithstanding subsection (1), the owner or operator of an autonomous vehicle, as defined in s.

316.003(2), except in the circumstance of a digital network connecting a user to a driver or an autonomous vehicle, used commercially for the pickup or delivery of passengers or goods or for providing other services for compensation may prove financial responsibility by furnishing satisfactory evidence of having automobile insurance that provides all of the following:

(a) Primary automobile liability coverage of at least $2 million for death, bodily injury, and property damage.

(b) Personal injury protection benefits that meet the minimum coverage required under ss.

627.730-627.7405.

(c) Uninsured and underinsured vehicle coverage as required by s.

627.727.

Section 12.

Paragraph (c) of subsection (7) of section 339.175, Florida Statutes, is amended to read:

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hb0353-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 353 2018 339.175 Metropolitan planning organization.— (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O.

must develop a long-range transportation plan that addresses at least a 20-year planning horizon.

The plan must include both long- range and short-range strategies and must comply with all other state and federal requirements.

The prevailing principles to be considered in the long-range transportation plan are:

preserving the existing transportation infrastructure;

enhancing Florida's economic competitiveness;

and improving travel choices to ensure mobility.

The long-range transportation plan must be consistent, to the maximum extent feasible, with future land use elements and the goals, objectives, and policies of the approved local government comprehensive plans of the units of local government located within the jurisdiction of the M.P.O.

Each M.P.O.

is encouraged to consider strategies that integrate transportation and land use planning to provide for sustainable development and reduce greenhouse gas emissions.

The approved long-range transportation plan must be considered by local governments in the development of the transportation elements in local government comprehensive plans and any amendments thereto.

The long-range transportation plan must, at a minimum:

(c) Assess capital investment and other measures necessary to:

1.

Ensure the preservation of the existing metropolitan transportation system including requirements for the operation, Page 12 of 19 CODING:

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hb0353-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 353 2018 resurfacing, restoration, and rehabilitation of major roadways and requirements for the operation, maintenance, modernization, and rehabilitation of public transportation facilities;

and 2.

Make the most efficient use of existing transportation facilities to relieve vehicular congestion, improve safety, and maximize the mobility of people and goods.

Such efforts must include, but are not limited to, consideration of infrastructure and technological improvements necessary to accommodate advances in vehicle technology, such as automated driving systems autonomous technology and other developments.

In the development of its long-range transportation plan, each M.P.O.

must provide the public, affected public agencies, representatives of transportation agency employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users of public transit, and other interested parties with a reasonable opportunity to comment on the long-range transportation plan.

The long-range transportation plan must be approved by the M.P.O.

Section 13.

Paragraph (c) of subsection (3) and paragraph (a) of subsection (4) of section 339.64, Florida Statutes, are amended to read:

339.64 Strategic Intermodal System Plan.— (3) Page 13 of 19 CODING:

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hb0353-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 353 2018 (c) The department shall coordinate with federal, regional, and local partners, as well as industry representatives, to consider infrastructure and technological improvements necessary to accommodate advances in vehicle technology, such as automated driving systems autonomous technology and other developments, in Strategic Intermodal System facilities.

(4) The Strategic Intermodal System Plan shall include the following:

(a) A needs assessment that must include, but is not limited to, consideration of infrastructure and technological improvements necessary to accommodate advances in vehicle technology, such as automated driving systems autonomous technology and other developments.

Section 14.

Section 339.83, Florida Statutes, is amended to read:

339.83 Enrollment in federal pilot programs.—The Secretary of Transportation may enroll the State of Florida in any federal pilot program or project for the collection and study of data for the review of federal or state roadway safety, infrastructure sustainability, congestion mitigation, transportation system efficiency, automated driving systems autonomous vehicle technology, or capacity challenges.

Section 15.

Subsection (6) of section 627.0653, Florida Statutes, is amended to read:

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hb0353-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 353 2018 627.0653 Insurance discounts for specified motor vehicle equipment.— (6) The Office of Insurance Regulation may approve a premium discount to any rates, rating schedules, or rating manuals for the liability, personal injury protection, and collision coverages of a motor vehicle insurance policy filed with the office if the insured vehicle is equipped with an automated driving system autonomous driving technology or electronic vehicle collision avoidance technology that is factory installed or a retrofitted system and that complies with National Highway Traffic Safety Administration standards.

Section 16.

Subsection (7) of section 627.748, Florida Statutes, is amended to read:

627.748 Transportation network companies.— (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE REQUIREMENTS.— (a) Beginning July 1, 2017, A TNC driver or a TNC on behalf of the TNC driver shall maintain primary automobile insurance that:

1.

Recognizes that the TNC driver is a TNC driver or otherwise uses a vehicle to transport riders for compensation;

and 2.

Covers the TNC driver while the TNC driver is logged on to the digital network of the TNC or while the TNC driver is engaged in a prearranged ride.

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hb0353-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 353 2018 (b) The following automobile insurance requirements apply while a participating TNC driver is logged on to the digital network but is not engaged in a prearranged ride:

1.

Automobile insurance that provides:

a.

A primary automobile liability coverage of at least $50,000 for death and bodily injury per person, $100,000 for death and bodily injury per incident, and $25,000 for property damage;

b.

Personal injury protection benefits that meet the minimum coverage amounts required under ss.

627.730-627.7405;

and c.

Uninsured and underinsured vehicle coverage as required by s.

627.727.

2.

The coverage requirements of this paragraph may be satisfied by any of the following:

a.

Automobile insurance maintained by the TNC driver;

b.

Automobile insurance maintained by the TNC;

or c.

A combination of sub-subparagraphs a.

and b.

(c) The following automobile insurance requirements apply while a TNC driver is engaged in a prearranged ride:

1.

Automobile insurance that provides:

a.

A primary automobile liability coverage of at least $1 million for death, bodily injury, and property damage;

b.

Personal injury protection benefits that meet the minimum coverage amounts required of a limousine under ss.

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hb0353-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 353 2018 627.730-627.7405;

and c.

Uninsured and underinsured vehicle coverage as required by s.

627.727.

2.

The coverage requirements of this paragraph may be satisfied by any of the following:

a.

Automobile insurance maintained by the TNC driver;

b.

Automobile insurance maintained by the TNC;

or c.

A combination of sub-subparagraphs a.

and b.

(d) Beginning July 1, 2018, the following insurance requirements apply to all autonomous vehicles, as defined in s.

316.003(2), used by a TNC during prearranged rides while the vehicles are being driven by an automated driving system:

1.

Primary automobile liability coverage of at least $1 million for death, bodily injury, and property damage;

2.

Personal injury protection benefits that meet the minimum coverage amounts required of a limousine under ss.

627.730-627.7405;

and 3.

Uninsured and underinsured vehicle coverage as required by s.

627.727.

(e)(d) If the TNC driver's insurance under paragraph (b) or paragraph (c) has lapsed or does not provide the required coverage, the insurance maintained by the TNC must provide the coverage required under this subsection, beginning with the first dollar of a claim, and have the duty to defend such claim.

(f)(e) Coverage under an automobile insurance policy Page 17 of 19 CODING:

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hb0353-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 353 2018 maintained by the TNC must not be dependent on a personal automobile insurer first denying a claim, and a personal automobile insurance policy is not required to first deny a claim.

(g)(f) Insurance required under this subsection must be provided by an insurer authorized to do business in this state which is a member of the Florida Insurance Guaranty Association or an eligible surplus lines insurer that has a superior, excellent, exceptional, or equivalent financial strength rating by a rating agency acceptable to the Office of Insurance Regulation of the Financial Services Commission.

(h)(g) Insurance satisfying the requirements under this subsection is deemed to satisfy the financial responsibility requirement for a motor vehicle under chapter 324 and the security required under s.

627.733 for any period when the TNC driver is logged onto the digital network or engaged in a prearranged ride.

(i)(h) A TNC driver shall carry proof of coverage satisfying paragraphs (b) and (c) with him or her at all times during his or her use of a TNC vehicle in connection with a digital network.

In the event of an accident, a TNC driver shall provide this insurance coverage information to any party directly involved in the accident or the party's designated representative, automobile insurers, and investigating police officers.

Proof of financial responsibility may be presented Page 18 of 19 CODING:

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hb0353-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 353 2018 through an electronic device, such as a digital phone application, under s.

316.646.

Upon request, a TNC driver shall also disclose to any party directly involved in the accident or the party's designated representative, automobile insurers, and investigating police officers whether he or she was logged on to a digital network or was engaged in a prearranged ride at the time of the accident.

(j)(i) If a TNC's insurer makes a payment for a claim covered under comprehensive coverage or collision coverage, the TNC shall cause its insurer to issue the payment directly to the business repairing the vehicle or jointly to the owner of the vehicle and the primary lienholder on the covered vehicle.

Section 17.

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