Fla. Stat. § 316.85
civil infractionverifiedAutonomous vehicles; operation; compliance with traffic and motor vehicle laws; testing
How Florida classifies this section
Noncriminal traffic infraction (civil)
“Except as provided in ss. 318.17 and 320.07(3)(c), any person cited for a violation of chapter 316, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or (3), s. 322.1615, s. 322.19, or s. 1006.66(3) is charged with a noncriminal infraction”
— § 318.14(1), Fla. Stat., verbatim
The statute, verbatim
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.
sha256 601f34e6ea7a3c5d93fe62769e616d2f… · 2025 Fla. Stat., dual fetch-path pipeline · permanent corpus page →
Which text, as of when
2025 Florida Statuteslast amended 2019Decoded against the 2025 Florida Statutes as ingested — dual fetch-path verified, hash-pinned. Session laws amend sections on their own effective dates; the 2026 Laws of Florida are indexed as the corpus's overlay.
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.
License points — the scale, shown
Point values attach on conviction, under § 322.27(3)(d)'s graduated scale. Which row a case lands on can turn on facts the citation and the disposition determine — the rows that could reach this section are shown with their own words and conditions. The scale is shown, not applied.
“All other moving violations (including parking on a highway outside the limits of a municipality)—3 points.”
“Any moving violation covered in this paragraph, excluding unlawful speed and unlawful use of a wireless communications device, resulting in a crash—4 points.”
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Open the War Room — free accountQuestions drivers ask
Is a section 316.85 ticket criminal or a civil infraction in Florida?
Section 316.85 sits in the noncriminal traffic infraction framework: Except as provided in ss. 318.17 and 320.07(3)(c), any person cited for a violation of chapter 316, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or (3), s. 322.1615, s. 322.19, or s. 1006.6… (§ 318.14(1), Fla. Stat.). The § 318.17 criminal exceptions do not name this section.
What is the deadline after a section 316.85 citation?
Under § 318.14(4)(a), a person charged with a noncriminal infraction who does not elect to appear generally has 30 days after the date of issuance to pay or enter the clerk's payment plan. The War Room computes the exact window from your citation's issuance date, arithmetic shown, and § 318.15 states what follows a missed window. Verify any date with the clerk of the county on the citation.
What are the options after a section 316.85 ticket?
The § 318.14 menu, where it applies: pay the penalty (an admission by statute), enter a payment plan, elect the basic driver improvement course where eligible (adjudication withheld, no points, once per 12 months and eight times lifetime), or request the infraction hearing where the state must prove the infraction beyond a reasonable doubt (§ 318.14(6)). Any option can be walked with a licensed attorney — choosing is yours, or one to make with counsel.
How many license points can section 316.85 carry?
Points attach on conviction under § 322.27(3)(d)'s graduated scale. The rows that could reach this section carry 3, 4 points, with conditions the statute itself states (crash involvement, speed over the limit, school-zone factors). The scale is shown, not applied — which row fits a case depends on facts the citation and the disposition determine.
Can this page tell me what to do about my ticket?
No — and that line is the product. It shows the statute verbatim, the classification, the point rows, and the options with their stated consequences. What to do about a specific ticket is a decision for you, or for a licensed attorney; the free War Room decodes your citation, and the attorney connection is free to request with the firm billing directly.
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