Florida Statute 316.85 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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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.

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Amendments to 316.85

Arrestable Offenses / Crimes under Fla. Stat. 316.85

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.85.

Annotations, Discussions, Cases:

Cases Citing Statute 316.85

Total Results: 11

EMMA GRIFFIN v. PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS

Court: District Court of Appeal of Florida | Date Filed: 2020-05-20

Snippet: judgment based upon the application of section 316.0085(4), Florida Statutes (2017), and Casserly v. City

JOHN CASSERLY v. THE CITY OF DELRAY BEACH

Court: District Court of Appeal of Florida | Date Filed: 2017-09-27

Citation: 228 So. 3d 135, 2017 WL 4280599

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

Fleetwood Homes of Florida, Inc. v. Reeves

Court: District Court of Appeal of Florida | Date Filed: 2002-12-27

Citation: 833 So. 2d 857, 2002 WL 31875183

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

Hunter v. Ward

Court: District Court of Appeal of Florida | Date Filed: 2002-04-08

Citation: 812 So. 2d 601, 2002 WL 518537

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

Woodard v. Barkley

Court: District Court of Appeal of Florida | Date Filed: 1988-04-20

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

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

Ryder Truck Rental, Inc. v. Johnson

Court: District Court of Appeal of Florida | Date Filed: 1985-04-11

Citation: 466 So. 2d 1240, 10 Fla. L. Weekly 939

Snippet: Florida traffic statutes, Sections 316.081(2) and 316.085(2), Florida Statutes, was also error. A party is

Lindsey v. Johnson

Court: District Court of Appeal of Florida | Date Filed: 1982-05-28

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

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

State v. Lee

Court: Supreme Court of Florida | Date Filed: 1978-02-23

Citation: 356 So. 2d 276

Snippet: 316.061, 316.081, 316.082, 316.083, 316.084, 316.085, 316.086, 316.087, 316.088, 316.089, 316.090, 316

Pasco Cty. Sch. Bd. v. Florida Public Emp. Rel. Comm.

Court: District Court of Appeal of Florida | Date Filed: 1977-11-16

Citation: 353 So. 2d 108

Snippet: American Ship Building v. Labor Board, 380 U.S. 300, 316, 85 S.Ct. 955, 13 L.Ed.2d 855 (1964). Such deference

Ago

Court: Florida Attorney General Reports | Date Filed: 1977-07-13

Snippet: 316.061, 316.081, 316.082, 316.083, 316.084, 316.085, 316.086, 316.087, 316.088, 316.089, 316.090,

Eden v. Food Fair Stores, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1976-04-20

Citation: 330 So. 2d 540

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