THE BILL ITSELF
SB 1616
Liability of Advanced Driving System Manufacturers and Developers
Florida Senate - 2026 SB 1616 By Senator Leek 7-00352-26 20261616__
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A bill to be entitled
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An act relating to liability of advanced driving
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system manufacturers and developers; creating s.
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768.1258, F.S.; providing legislative intent; defining
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the term “advanced driving system”; providing a
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limitation on the liability of a manufacturer or
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developer of an advanced driving system for certain
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damages, injuries, claims, or losses; providing
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exceptions to such limitation on liability;
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authorizing punitive damages only under certain
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circumstances; prohibiting a plaintiff from recovering
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punitive damages under certain circumstances;
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providing construction; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 768.1258, Florida Statutes, is created
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to read:
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768.1258 Liability of advanced driving system manufacturers
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and developers.—
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(1) It is the intent of the Legislature to promote
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innovative conduct and the safe deployment of advanced driving
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systems while providing reasonable certainty in the allocation
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of liability.
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(2) As used in this section, the term “advanced driving
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system” means any software, device, or integrated hardware
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software combination that, when engaged or deployed, is capable
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of performing specific driving tasks or functions without human
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intervention, with or without a human driver or human
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supervision, for at least part of its system operation, and that
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is equipped on a motor vehicle that is permitted, registered,
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licensed, certified, or authorized, and not otherwise
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prohibited, for use or operation in this state. The term
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includes, but is not limited to, advanced driver assistance
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systems as defined in s. 559.903, automated driving systems as
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defined in s. 316.003, and vehicle systems defined as Level 2 or
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greater under SAE International’s J3016 standard.
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(3) A manufacturer or developer of an advanced driving
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system, or any affiliate, subsidiary, or employee thereof, is
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not liable for any damages, injuries, claims, or losses alleged
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to have arisen from, or in relation to, the design, failure to
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warn, or performance of the advanced driving system under
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theories of strict product liability, negligence,
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misrepresentation, breach of warranty, or breach of contract,
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unless a plaintiff proves by clear and convincing evidence that:
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(a) The plaintiff’s harm directly arose from a known
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manufacturing defect in a hardware component contained within
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the advanced driving system;
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(b) The advanced driving system failed to comply with an
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applicable federal motor vehicle safety standard related to
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advanced driving systems;
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(c) At the time of the alleged incident, the advanced
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driving system was operating outside its intended operational
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design domain, if applicable. For purposes of this section,
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operational design domains do not apply to Level 1 or 2 vehicles
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as defined by SAE International’s J3016 standard; or
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(d) The manufacturer or developer engaged in fraud or
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intentional concealment of a known defect that presented an
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unreasonable risk to the safety of the plaintiff.
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(4)(a) Punitive damages are permitted only when the
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evidence supports a finding that the manufacturer or developer
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engaged in fraud or intentional concealment of a known defect
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that presented an unreasonable risk to the safety of the
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plaintiff.
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(b) A plaintiff may not recover an award of punitive
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damages if the manufacturer or developer establishes that the
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design of its advanced driving system complied with the state of
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the art of scientific and technical knowledge that existed at
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the time of manufacture in accordance with s. 768.1257.
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(5) This section does not limit any claim based on breach
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of warranty, express statutory duties, or independent acts of
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negligence that are unrelated to the design, manufacture,
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failure to warn, or performance of an advanced driving system.
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(6) To the extent that s. 768.1256 conflicts with this
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section, this section prevails.
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Section 2. This act shall take effect July 1, 2026.