Florida Statute 316.85 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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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

Annotations, Discussions, Cases:

Cases Citing Statute 316.85

Total Results: 11 | Sort by: Relevance | Newest First

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United States v. Dwayne Berman Cooper, 133 F.3d 1394 (11th Cir. 1998).

Cited 67 times | Published | Court of Appeals for the Eleventh Circuit

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

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Fleetwood Homes of Florida, Inc. v. Reeves, 833 So. 2d 857 (Fla. 2d DCA 2002).

Cited 10 times | Published | Florida 2nd District Court of Appeal | 2002 WL 31875183

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

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Hunter v. Ward, 812 So. 2d 601 (Fla. 1st DCA 2002).

Cited 6 times | Published | Florida 1st District Court of Appeal | 2002 WL 518537

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

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Eden v. Food Fair Stores, Inc., 330 So. 2d 540 (Fla. 3d DCA 1976).

Cited 1 times | Published | Florida 3rd District Court of Appeal

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

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John Casserly v. The City of Delray Beach, 228 So. 3d 135 (Fla. 4th DCA 2017).

Published | Florida 4th District Court of Appeal | 2017 WL 4280599

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

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United States v. Smith, 772 F.3d 680 (11th Cir. 2014).

Published | Court of Appeals for the Eleventh Circuit | 2014 WL 6725819

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

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Lindsey v. Johnson, 415 So. 2d 778 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20152

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

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Emma Griffin v. Palm Beach Cnty. Bd. of Cnty. Commissioners (Fla. Dist. Ct. App. 2020).

Published | District Court of Appeal of Florida

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

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United States v. Cooper (11th Cir. 1998).

Published | Court of Appeals for the Eleventh Circuit

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

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United States v. Cooper (11th Cir. 1998).

Published | Court of Appeals for the Eleventh Circuit

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

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Woodard v. Barkley, 523 So. 2d 777 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 990, 1988 Fla. App. LEXIS 1663, 1988 WL 36053

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

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.