Bill Text: FL S0652 | 2011 | Regular Session | Enrolled

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Bill Title: Liability of Spaceflight Entities

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2011-05-04 - Ordered enrolled -SJ 851 [S0652 Detail]

Download: Florida-2011-S0652-Enrolled.html

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       ENROLLED
       2011 Legislature                           SB 652, 1st Engrossed
       
       
       
       
       
       
                                                              2011652er
    1  
    2         An act relating to the liability of spaceflight
    3         entities; amending s. 331.501, F.S.; revising the
    4         definition of the term “spaceflight entity” to include
    5         certain manufacturers and suppliers for purposes of
    6         specified provisions for immunity from liability;
    7         saving a provision from future repeal which provides
    8         spaceflight entities with immunity from liability for
    9         the loss, damage, or death of a participant resulting
   10         from the inherent risks of spaceflight activities;
   11         providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 331.501, Florida Statutes, is amended to
   16  read:
   17         331.501 Spaceflight; informed consent.—
   18         (1) For purposes of this section, the term:
   19         (a) “Participant” means any spaceflight participant as that
   20  term is defined in 49 U.S.C. s. 70102.
   21         (b) “Spaceflight activities” means launch services or
   22  reentry services as those terms are defined in 49 U.S.C. s.
   23  70102.
   24         (c) “Spaceflight entity” means any public or private entity
   25  holding a United States Federal Aviation Administration launch,
   26  reentry, operator, or launch site license for spaceflight
   27  activities. The term also includes any manufacturer or supplier
   28  of components, services, or vehicles that have been reviewed by
   29  the United States Federal Aviation Administration as part of
   30  issuing such a license, permit, or authorization.
   31         (2)(a) Except as provided in paragraph (b), a spaceflight
   32  entity is not liable for injury to or death of a participant
   33  resulting from the inherent risks of spaceflight activities so
   34  long as the warning contained in subsection (3) is distributed
   35  and signed as required. Except as provided in paragraph (b), a
   36  participant or participant’s representative may not maintain an
   37  action against or recover from a spaceflight entity for the
   38  loss, damage, or death of the participant resulting exclusively
   39  from any of the inherent risks of spaceflight activities.
   40         (b) Paragraph (a) does not prevent or limit the liability
   41  of a spaceflight entity if the spaceflight entity does any one
   42  or more of the following:
   43         1. Commits an act or omission that constitutes gross
   44  negligence or willful or wanton disregard for the safety of the
   45  participant and that act or omission proximately causes injury,
   46  damage, or death to the participant;
   47         2. Has actual knowledge or reasonably should have known of
   48  a dangerous condition on the land or in the facilities or
   49  equipment used in the spaceflight activities and the danger
   50  proximately causes injury, damage, or death to the participant;
   51  or
   52         3. Intentionally injures the participant.
   53         (c) Any limitation on legal liability afforded by this
   54  subsection to a spaceflight entity is in addition to any other
   55  limitation of legal liability otherwise provided by law.
   56         (3)(a) Every spaceflight entity providing spaceflight
   57  activities to a participant, whether such activities occur on or
   58  off the site of a facility capable of launching a suborbital
   59  flight, shall have each participant sign the warning statement
   60  specified in paragraph (b).
   61         (b) The warning statement described in paragraph (a) shall
   62  contain, at a minimum, the following statement:
   63  
   64         “WARNING: Under Florida law, there is no liability for
   65         an injury to or death of a participant in a
   66         spaceflight activity provided by a spaceflight entity
   67         if such injury or death results from the inherent
   68         risks of the spaceflight activity. Injuries caused by
   69         the inherent risks of spaceflight activities may
   70         include, among others, injury to land, equipment,
   71         persons, and animals, as well as the potential for you
   72         to act in a negligent manner that may contribute to
   73         your injury or death. You are assuming the risk of
   74         participating in this spaceflight activity.”
   75  
   76         (c) Failure to comply with the warning statement
   77  requirements in this section shall prevent a spaceflight entity
   78  from invoking the privileges of immunity provided by this
   79  section.
   80         (4) This section expires October 2, 2018, unless reviewed
   81  and saved from repeal through reenactment by the Legislature.
   82         Section 2. This act shall take effect July 1, 2011.