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.
   14  Be It Enacted by the Legislature of the State of Florida:
   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.