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FL S1616
Bill
AI Summary
- Creates Section 768.1258, Florida Statutes, to limit liability for manufacturers and developers of advanced driving systems—including their affiliates, subsidiaries, and employees—for damages arising from design, failure to warn, or performance under theories of strict liability, negligence, misrepresentation, breach of warranty, or breach of contract
- Requires plaintiffs to meet a clear and convincing evidence standard and prove one of four exceptions: a known hardware manufacturing defect, failure to comply with a federal motor vehicle safety standard, operation outside the system's intended operational design domain, or fraud/intentional concealment of a known defect posing unreasonable safety risk
- Defines "advanced driving system" broadly as any software, device, or integrated hardware-software combination capable of performing driving tasks without human intervention, including advanced driver assistance systems (Level 2 or greater under SAE J3016) and automated driving systems
- Limits punitive damages solely to cases involving fraud or intentional concealment of a known defect, and bars punitive damages entirely if the manufacturer demonstrates the system's design complied with the state of the art of scientific and technical knowledge at the time of manufacture
- Takes effect July 1, 2026, and expressly prevails over conflicting provisions in Section 768.1256, F.S., while preserving claims based on breach of warranty, express statutory duties, or negligence unrelated to the advanced driving system's design or performance
Legislative Description
Liability of Advanced Driving System Manufacturers and Developers
Last Action
Introduced
1/22/2026
Full Bill Text
No bill text available