SENATE AMENDMENT

    Bill No. CS for SB 374

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Latvala moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 26, line 4,

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16  insert:

17         Section 14.  Section 768.1256, Florida Statutes, is

18  created to read:

19         768.1256  Government rules defense.--

20         (1)  In a product liability action brought against a

21  manufacturer or seller for harm allegedly caused by a product,

22  there is a rebuttable presumption that the product is not

23  defective or unreasonably dangerous and the manufacturer or

24  seller is not liable if, at the time the specific unit of the

25  product was sold or delivered to the initial purchaser or

26  user, the aspect of the product that allegedly caused the

27  harm:

28         (a)  Complied with federal or state codes, statutes,

29  rules, regulations or standards relevant to the event causing

30  the death or injury;

31         (b)  The codes, statutes, rules, regulations or

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 374

    Amendment No.    





 1  standards are designed to prevent the type of harm that

 2  allegedly occured; and

 3         (c)  Compliance with the codes, statutes, rules,

 4  regulations or standards is required as a condition for

 5  selling or distributing the product.

 6         (2)  In a product liability action as described in

 7  subsection (1), there is a rebuttable presumption that the

 8  product is defective or unreasonably dangerous and the

 9  manufacturer or seller is liable if the manufacturer or seller

10  did not comply with the federal or state codes, statutes,

11  rules, regulations or standards which:

12         (a)  Were relevant to the event causing the death or

13  injury;

14         (b)  Are designed to prevent the type of harm that

15  allegedly occurred; and

16         (c)  Require compliance as a condition for selling or

17  distributing the product.

18         (Renumber subsequent sections.)

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21  ================ T I T L E   A M E N D M E N T ===============

22  And the title is amended as follows:

23         On page 3, line 18, after the semicolon,

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25  insert:

26  creating s. 768.1256, F.S.; providing a government rules

27  defense with respect to certain products liability actions;

28  providing for rebuttable presumptions;

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