Florida Senate - 2013 SB 330 By Senator Latvala 20-00385-13 2013330__ 1 A bill to be entitled 2 An act relating to qualified portable consumer fuel 3 containers; creating s. 768.1258, F.S.; providing 4 definitions; providing that manufacturers, sellers, 5 and suppliers of qualified portable consumer fuel 6 containers are not liable for injury, death, or loss, 7 subject to specified actions, and not responsible for 8 other relief relating to misuse of qualified portable 9 consumer fuel containers; providing exceptions; 10 providing for award of attorney fees in certain 11 circumstances; providing an effective date. 12 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Section 768.1258, Florida Statutes, is created 17 to read: 18 768.1258 Qualified portable consumer fuel containers.— 19 (1) As used in this section, the term: 20 (a) “Misuse” means use of a qualified portable consumer 21 fuel container in a manner that is inconsistent with the 22 specifications and standards applicable to the container; 23 contrary to an instruction, caution, or warning provided by the 24 manufacturer or seller of the container; or determined to be 25 improper by a federal or state agency charged with protecting 26 consumers or insuring the safety of consumer products. The term 27 includes, but is not limited to, use of a qualified portable 28 consumer fuel container to apply gasoline or other fuel for 29 purposes of igniting or accelerating a fire. 30 (b) “Qualified portable consumer fuel container” means a 31 portable consumer fuel container that has been tested and 32 certified by an independent, accredited testing agency in 33 compliance with the following: 34 1. Standards for portable consumer fuel containers issued 35 by the American Society for Testing and Materials (ASTM), as 36 applicable to the type of container: F852-08, F839-06, F2517-09, 37 F926-07, or F976-08. 38 2. Any applicable state and federal mandates or standards 39 set by recognized regulatory bodies. 40 (c) “Seller” means, with respect to a qualified portable 41 consumer fuel container, a person lawfully engaged in the 42 business of marketing, distributing, advertising, or selling the 43 container in the regular course of the person’s trade or 44 business. 45 (2) Except as provided in subsection (3), with respect to 46 any claim of injury, death, or loss to person or property 47 arising out of, resulting from, or related to misuse of a 48 qualified portable consumer fuel container, the manufacturer, 49 seller, or supplier of such container is not liable for damages, 50 restitution, or declaratory, injunctive, or other relief for 51 such injury, death, or loss. 52 (3) The immunity from liability provided in subsection (2) 53 does not apply if the manufacturer, seller, or supplier of the 54 qualified portable consumer fuel container involved did any of 55 the following and it, alone or in combination with any of the 56 following, was the predominate proximate cause of the claim of 57 injury, death, or loss: 58 (a) The intentional misbranding of the qualified portable 59 consumer fuel container involved. 60 (b) Any knowing and willful violation of state or federal 61 law that applies to the qualified portable consumer fuel 62 container involved. 63 (4) A party that prevails on a motion to dismiss an action 64 under subsection (2) may recover reasonable attorney fees and 65 costs that the party incurred in connection with the motion to 66 dismiss. 67 Section 2. This act shall take effect July 1, 2013.