House Bill 0937c1

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







    Florida House of Representatives - 1999              CS/HB 937

        By the Committee on Judiciary and Representatives
    Albright, Bainter, Spratt, Stansel, Fasano, Sembler,
    Harrington, Kelly, C. Green, K. Smith, Melvin, Bronson,
    Dockery, Bense, Kilmer, Posey, Prieguez, Barreiro, Cantens,
    (Additional Sponsors on Last Printed Page)


  1                      A bill to be entitled

  2         An act relating to civil actions against

  3         manufacturers and dealers of firearms; creating

  4         s. 790.331, F.S.; prohibiting civil actions

  5         against manufacturers and dealers of firearms

  6         and ammunition under certain circumstances;

  7         providing legislative findings; providing

  8         conditions to sue on behalf of the state for

  9         its agencies and instrumentalities, or on

10         behalf of a county, municipality, town, special

11         purpose district, or any other political

12         subdivision of the state; providing

13         application; providing penalties; providing for

14         expenses to be awarded in certain civil

15         actions; providing for application; providing

16         an effective date.

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18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  Section 790.331, Florida Statutes, is

21  created to read:

22         790.331  Prohibition of civil actions against

23  manufacturers and dealers of firearms and ammunition.--

24         (1)  The Legislature finds and declares that the

25  manufacture and sale of firearms by manufacturers and dealers

26  duly licensed by the appropriate federal and state authorities

27  is a lawful activity and is not unreasonably dangerous, and

28  further finds that the unlawful use of firearms and

29  ammunition, rather than their lawful manufacture,

30  distribution, or sale, is the proximate cause of injuries

31  arising from their unlawful use.

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






    Florida House of Representatives - 1999              CS/HB 937

    687-113-99






  1         (2)  Except as permitted by this section, a legal

  2  action against a firearms manufacturer, firearms trade

  3  association, or firearms dealer on behalf of the state or its

  4  agencies and instrumentalities, or on behalf of a county,

  5  municipality, town, special purpose district, or any other

  6  political subdivision of the state, for damages, abatement, or

  7  injunctive relief resulting from or arising out of the lawful

  8  design, marketing, or sale of firearms to the public is

  9  prohibited.

10         (3)  No county, municipality, town, special purpose

11  district, or other political subdivision of the state may sue

12  or recover from a firearms manufacturer, firearms trade

13  association, or firearms dealer damages, abatement, or

14  injunctive relief in cases arising out of or resulting from

15  the lawful design, marketing, or sale of firearms to the

16  public.

17         (4)  This section shall not prohibit an action against

18  a firearms manufacturer or dealer for breach of contract or

19  warranty in connection with firearms purchased by the county,

20  municipality, special purpose district, or other political

21  subdivision or agency of the state.

22         (5)  This section shall not prohibit actions for

23  injuries resulting from a firearm malfunction due to defects

24  in design or manufacture.

25         (6)(a)  For the purposes of this section, the potential

26  of a firearm to cause serious injury, damage, or death as a

27  result of normal function does not constitute a defective

28  condition of the product.

29         (b)  A firearm may not be deemed defective on the basis

30  of its potential to cause serious injury, damage, or death

31  when discharged legally or illegally.

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






    Florida House of Representatives - 1999              CS/HB 937

    687-113-99






  1         (7)(a)  For 30 days after this act becomes a law,

  2  paragraphs (b) and (c) will not apply to any action that was

  3  pending on the effective date of this act.

  4         (b)  Any civil action brought in violation of this

  5  section shall entitle the defendant to recover all expenses

  6  resulting from such action from the person, persons, and/or

  7  unit of government bringing such action.

  8         (c)  In any civil action where the court finds that the

  9  defendant is immune as provided in this section, the court

10  shall award the defendant all attorney's fees, and costs and

11  compensation for loss of income, plus any and all expenses

12  incurred as a result of such action.

13         Section 2.  This act shall apply to any action pending

14  on, or brought on or after, the effective date of this act.

15         Section 3.  This act shall take effect upon becoming a

16  law.

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21                       ADDITIONAL SPONSORS

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    Goode, Maygarden, Ball, Wallace, Putnam, Alexander,
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    Trovillion, Peaden, Argenziano, Johnson, Bitner, Flanagan,
24
    Ritchie, Littlefield and J. Miller
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