Bill Text: FL H0703 | 2011 | Regular Session | Comm Sub

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Bill Title: Liability of Spaceflight Entities

Spectrum:

Status: (Introduced - Dead) 2011-05-03 - Laid on Table, companion bill(s) passed, see SB 652 (Ch. [H0703 Detail]

Download: Florida-2011-H0703-Comm_Sub.html

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CS/HB 703

1	A bill to be entitled
2	An act relating to the liability of spaceflight entities;
3	amending s. 331.501, F.S.; revising the definition of the
4	term "spaceflight entity" to include certain manufacturers
5	and suppliers for purposes of specified provisions for
6	immunity from liability; saving a provision from future
7	repeal which provides spaceflight entities with immunity
8	from liability for the loss, damage, or death of a
9	participant resulting from the inherent risks of
10	spaceflight activities; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Section 331.501, Florida Statutes, is amended
15	to read:
16	331.501  Spaceflight; informed consent.-
17	(1)  For purposes of this section, the term:
18	(a)  "Participant" means any spaceflight participant as
19	that term is defined in 49 U.S.C. s. 70102.
20	(b)  "Spaceflight activities" means launch services or
21	reentry services as those terms are defined in 49 U.S.C. s.
22	70102.
23	(c)  "Spaceflight entity" means any public or private
24	entity holding a United States Federal Aviation Administration
25	launch, reentry, operator, or launch site license for
26	spaceflight activities. The term also includes any manufacturer
27	or supplier of components, services, or vehicles that have been
28	reviewed by the United States Federal Aviation Administration as
29	part of issuing such a license, permit, or authorization.
30	(2)(a)  Except as provided in paragraph (b), a spaceflight
31	entity is not liable for injury to or death of a participant
32	resulting from the inherent risks of spaceflight activities so
33	long as the warning contained in subsection (3) is distributed
34	and signed as required. Except as provided in paragraph (b), a
35	participant or participant's representative may not maintain an
36	action against or recover from a spaceflight entity for the
37	loss, damage, or death of the participant resulting exclusively
38	from any of the inherent risks of spaceflight activities.
39	(b)  Paragraph (a) does not prevent or limit the liability
40	of a spaceflight entity if the spaceflight entity does any one
41	or more of the following:
42	1.  Commits an act or omission that constitutes gross
43	negligence or willful or wanton disregard for the safety of the
44	participant and that act or omission proximately causes injury,
45	damage, or death to the participant;
46	2.  Has actual knowledge or reasonably should have known of
47	a dangerous condition on the land or in the facilities or
48	equipment used in the spaceflight activities and the danger
49	proximately causes injury, damage, or death to the participant;
50	or
51	3.  Intentionally injures the participant.
52	(c)  Any limitation on legal liability afforded by this
53	subsection to a spaceflight entity is in addition to any other
54	limitation of legal liability otherwise provided by law.
55	(3)(a)  Every spaceflight entity providing spaceflight
56	activities to a participant, whether such activities occur on or
57	off the site of a facility capable of launching a suborbital
58	flight, shall have each participant sign the warning statement
59	specified in paragraph (b).
60	(b)  The warning statement described in paragraph (a) shall
61	contain, at a minimum, the following statement:
62
63	"WARNING: Under Florida law, there is no liability for
64	an injury to or death of a participant in a
65	spaceflight activity provided by a spaceflight entity
66	if such injury or death results from the inherent
67	risks of the spaceflight activity. Injuries caused by
68	the inherent risks of spaceflight activities may
69	include, among others, injury to land, equipment,
70	persons, and animals, as well as the potential for you
71	to act in a negligent manner that may contribute to
72	your injury or death. You are assuming the risk of
73	participating in this spaceflight activity."
74
75	(c)  Failure to comply with the warning statement
76	requirements in this section shall prevent a spaceflight entity
77	from invoking the privileges of immunity provided by this
78	section.
79	(4)  This section expires October 2, 2018, unless reviewed
80	and saved from repeal through reenactment by the Legislature.
81	Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.