Amendment
Bill No. SB 652
Amendment No. 802629
CHAMBER ACTION
Senate House
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1Representative Gaetz offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 33-74 and insert:
5or property damage, injury, or death suffered by any other
6person resulting from the inherent risks of spaceflight
7activities, manufacturing activities, or supplying activities so
8long as the warning contained in subsection (3) is published in
9a newspaper of general circulation in the locality where the
10spaceflight entity has its principal place of business and is
11distributed to and signed by the spaceflight participants as
12required. Except as provided in paragraph (b), a participant, a
13or participant's representative, or any other person may not
14maintain an action against or recover from a spaceflight entity
15for the loss, damage, or death of the participant or other
16person resulting exclusively from any of the inherent risks of
17spaceflight activities, manufacturing activities, or supplying
18activities.
19     (b)  Paragraph (a) does not prevent or limit the liability
20of a spaceflight entity if the spaceflight entity does any one
21or more of the following:
22     1.  Commits an act or omission that constitutes gross
23negligence or willful or wanton disregard for the safety of the
24participant or other person and that act or omission proximately
25causes injury, damage, or death to the participant or other
26person;
27     2.  Has actual knowledge or reasonably should have known of
28a dangerous condition on the land or in the facilities or
29equipment used in the spaceflight activities and the danger
30proximately causes injury, damage, or death to the participant
31or other person; or
32     3.  Intentionally injures the participant or other person.
33     (c)  Any limitation on legal liability afforded by this
34subsection to a spaceflight entity is in addition to any other
35limitation of legal liability otherwise provided by law.
36     (3)(a)  Every spaceflight entity providing spaceflight
37activities to a participant, whether such activities occur on or
38off the site of a facility capable of launching a suborbital
39flight, shall have each participant sign the warning statement
40specified in paragraph (b).
41     (b)  The warning statement described in paragraph (a) shall
42contain, at a minimum, the following statement:
43
44"WARNING: Under Florida law, there is no liability for
45an injury to or death of a participant in a
46spaceflight activity provided by a spaceflight entity
47or for property damage, injury, or death suffered by
48any other person arising out of the spaceflight
49activity, manufacturing activity, or supplying
50activity of a spaceflight entity as defined by law, if
51such property damage, injury, or death results from
52the inherent risks of the spaceflight activity,
53manufacturing activity, or supplying activity.
54Injuries caused by the inherent risks of spaceflight
55activities, manufacturing activities, or supplying
56activities may include, among others, injury to land,
57equipment, persons, and animals, as well as the
58potential for a participant in a spaceflight activity,
59manufacturing activity, or supplying activity or other
60person you to act in a negligent manner that may
61contribute to the participant's or the other person's
62own your injury or death. A participant in spaceflight
63activity or other person assumes You are assuming the
64risk of participating in or exposure to this
65spaceflight activities, manufacturing activities, or
66supplying activities activity."
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T I T L E  A M E N D M E N T
71     Between lines 6 and 7, insert:
72providing immunity from liability for injury to or death
73of certain participants in manufacturing and supplying
74activities related to spaceflight if the spaceflight
75entity is in compliance with specified informed consent;
76providing exceptions;


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