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Florida Statute 316.85 - Full Text and Legal Analysis
Florida Statute 316.85 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.85
316.85 Autonomous vehicles; operation; compliance with traffic and motor vehicle laws; testing.
(1) Notwithstanding any other law, a licensed human operator is not required to operate a fully autonomous vehicle as defined in s. 316.003(3).
(2) A fully autonomous vehicle may operate in this state regardless of whether a human operator is physically present in the vehicle.
(3)(a) For purposes of this chapter, unless the context otherwise requires, the automated driving system, when engaged, shall be deemed to be the operator of an autonomous vehicle, regardless of whether a person is physically present in the vehicle while the vehicle is operating with the automated driving system engaged.
(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 with the automated driving system engaged.
2. Require a licensed human operator to operate a fully autonomous vehicle.
(4) An on-demand autonomous vehicle network shall operate pursuant to state laws governing the operation of transportation network companies and transportation network company vehicles as defined in s. 627.748, except that any provision of s. 627.748 that reasonably applies only to a human driver does not apply to the operation of a fully autonomous vehicle with the automated driving system engaged while logged on to an on-demand autonomous vehicle network. A fully autonomous vehicle with the automated driving system engaged while logged on to an on-demand autonomous vehicle network must meet the insurance requirements in s. 627.749.
(5) Notwithstanding any other provision of this chapter, an autonomous vehicle or a fully autonomous vehicle equipped with a teleoperation system may operate without a human operator physically present in the vehicle when the teleoperation system is engaged. A vehicle that is subject to this subsection must meet the requirements of s. 319.145 and is considered a vehicle that meets the definition provided in s. 316.003(3)(c) for the purposes of ss. 316.062(5), 316.063(4), 316.065(5), 316.1975(3), and 316.303(1).
(6) 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, for-hire vehicle requirement, or other requirement on automated driving systems or autonomous vehicles or on a person who operates an autonomous vehicle, including, but not limited to, a person who operates an autonomous vehicle for purposes of providing passenger transportation services. This subsection does not prohibit an airport or a seaport from charging reasonable fees consistent with any fees charged to companies that provide similar services at that airport or seaport for their use of the airport’s or seaport’s facilities, nor does it prohibit the airport or seaport from designating locations for staging, pickup, or other similar operations at the airport or seaport.
History.s. 3, ch. 2012-111; s. 107, ch. 2012-174; s. 7, ch. 2016-181; s. 12, ch. 2016-239; s. 8, ch. 2019-101.

F.S. 316.85 on Google Scholar

F.S. 316.85 on CourtListener

Amendments to 316.85


Annotations, Discussions, Cases:

Cases Citing Statute 316.85

Total Results: 11

United States v. Dwayne Berman Cooper

133 F.3d 1394

Court of Appeals for the Eleventh Circuit | Filed: Apr 1, 1998 | Docket: 1113973

Cited 67 times | Published

approaching from the same direction.” Fla. Stat. § 316.085(2) (1995). Upon due consideration of the record

Fleetwood Homes of Florida, Inc. v. Reeves

833 So. 2d 857, 2002 WL 31875183

District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 1259184

Cited 10 times | Published

mock emergencies to train emergency personnel); § 316.0085, Fla. Stat. (2001) (when government provides

Hunter v. Ward

812 So. 2d 601, 2002 WL 518537

District Court of Appeal of Florida | Filed: Apr 8, 2002 | Docket: 1364096

Cited 6 times | Published

approaching traffic behind him in the left lane, see section 316.085(2), Florida Statutes (2000); that before he

Eden v. Food Fair Stores, Inc.

330 So. 2d 540

District Court of Appeal of Florida | Filed: Apr 20, 1976 | Docket: 1774672

Cited 1 times | Published

refusal of a requested instruction on Fla. Stat. § 316.085(2), which imposes restrictions upon a driver changing

EMMA GRIFFIN v. PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS

District Court of Appeal of Florida | Filed: May 20, 2020 | Docket: 17178724

Published

summary judgment based upon the application of section 316.0085(4), Florida Statutes (2017), and Casserly

JOHN CASSERLY v. THE CITY OF DELRAY BEACH

228 So. 3d 135, 2017 WL 4280599

District Court of Appeal of Florida | Filed: Sep 27, 2017 | Docket: 6159007

Published

which prohibits skaters on public roads, and section 316.0085, Florida Statutes (2014), which limits a governmental

United States v. Smith

772 F.3d 680, 2014 WL 6725819

Court of Appeals for the Eleventh Circuit | Filed: Nov 24, 2014 | Docket: 65660898

Published

be made available for playing paintball. Id. § 316.0085(1). The panel acknowledges that the title and

United States v. Cooper

Court of Appeals for the Eleventh Circuit | Filed: Jan 26, 1998 | Docket: 211863

Published

approaching from the same direction. Fla. Stat. § 316.085(2) (1995). 4 Consent is one of many factual

United States v. Cooper

Court of Appeals for the Eleventh Circuit | Filed: Jan 26, 1998 | Docket: 211864

Published

approaching from the same direction. Fla. Stat. § 316.085(2) (1995).

Woodard v. Barkley

523 So. 2d 777, 13 Fla. L. Weekly 990, 1988 Fla. App. LEXIS 1663, 1988 WL 36053

District Court of Appeal of Florida | Filed: Apr 20, 1988 | Docket: 64634214

Published

trial court properly instructed the jury on section 316.-085(2), Florida Statutes (1985), entitled “Limitations

Lindsey v. Johnson

415 So. 2d 778, 1982 Fla. App. LEXIS 20152

District Court of Appeal of Florida | Filed: May 28, 1982 | Docket: 64590688

Published

under the circumstances existing; (2) that Section 316.085(2) provides that a vehicle shall not be driven