CS/HB 703

1
A bill to be entitled
2An act relating to the liability of spaceflight entities;
3amending s. 331.501, F.S.; revising the definition of the
4term "spaceflight entity" to include certain manufacturers
5and suppliers for purposes of specified provisions for
6immunity from liability; saving a provision from future
7repeal which provides spaceflight entities with immunity
8from liability for the loss, damage, or death of a
9participant resulting from the inherent risks of
10spaceflight activities; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Section 331.501, Florida Statutes, is amended
15to read:
16     331.501  Spaceflight; informed consent.-
17     (1)  For purposes of this section, the term:
18     (a)  "Participant" means any spaceflight participant as
19that term is defined in 49 U.S.C. s. 70102.
20     (b)  "Spaceflight activities" means launch services or
21reentry services as those terms are defined in 49 U.S.C. s.
2270102.
23     (c)  "Spaceflight entity" means any public or private
24entity holding a United States Federal Aviation Administration
25launch, reentry, operator, or launch site license for
26spaceflight activities. The term also includes any manufacturer
27or supplier of components, services, or vehicles that have been
28reviewed by the United States Federal Aviation Administration as
29part of issuing such a license, permit, or authorization.
30     (2)(a)  Except as provided in paragraph (b), a spaceflight
31entity is not liable for injury to or death of a participant
32resulting from the inherent risks of spaceflight activities so
33long as the warning contained in subsection (3) is distributed
34and signed as required. Except as provided in paragraph (b), a
35participant or participant's representative may not maintain an
36action against or recover from a spaceflight entity for the
37loss, damage, or death of the participant resulting exclusively
38from any of the inherent risks of spaceflight activities.
39     (b)  Paragraph (a) does not prevent or limit the liability
40of a spaceflight entity if the spaceflight entity does any one
41or more of the following:
42     1.  Commits an act or omission that constitutes gross
43negligence or willful or wanton disregard for the safety of the
44participant and that act or omission proximately causes injury,
45damage, or death to the participant;
46     2.  Has actual knowledge or reasonably should have known of
47a dangerous condition on the land or in the facilities or
48equipment used in the spaceflight activities and the danger
49proximately causes injury, damage, or death to the participant;
50or
51     3.  Intentionally injures the participant.
52     (c)  Any limitation on legal liability afforded by this
53subsection to a spaceflight entity is in addition to any other
54limitation of legal liability otherwise provided by law.
55     (3)(a)  Every spaceflight entity providing spaceflight
56activities to a participant, whether such activities occur on or
57off the site of a facility capable of launching a suborbital
58flight, shall have each participant sign the warning statement
59specified in paragraph (b).
60     (b)  The warning statement described in paragraph (a) shall
61contain, at a minimum, the following statement:
62
63"WARNING: Under Florida law, there is no liability for
64an injury to or death of a participant in a
65spaceflight activity provided by a spaceflight entity
66if such injury or death results from the inherent
67risks of the spaceflight activity. Injuries caused by
68the inherent risks of spaceflight activities may
69include, among others, injury to land, equipment,
70persons, and animals, as well as the potential for you
71to act in a negligent manner that may contribute to
72your injury or death. You are assuming the risk of
73participating in this spaceflight activity."
74
75     (c)  Failure to comply with the warning statement
76requirements in this section shall prevent a spaceflight entity
77from invoking the privileges of immunity provided by this
78section.
79     (4)  This section expires October 2, 2018, unless reviewed
80and 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.