Senate Bill 1398

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    Florida Senate - 2000                                  SB 1398

    By Senator Bronson





    18-3A-00

  1                      A bill to be entitled

  2         An act relating to civil actions; creating s.

  3         790.331, F.S.; providing legislative findings

  4         with respect to the lawful manufacture,

  5         distribution, and sale of firearms and

  6         ammunition; prohibiting civil actions on behalf

  7         of the state or other political subdivision

  8         against manufacturers, distributors, and

  9         dealers of firearms or ammunition and firearms

10         trade associations; providing for actions for

11         breach of contract or warranty; providing for

12         actions for injuries resulting from defects in

13         design or manufacture; providing that the

14         potential of firearms or ammunition to cause

15         serious injury, damage, or death does not

16         constitute a defective condition; providing for

17         the award of expenses in certain civil actions;

18         providing an exception; providing for

19         application of the act; prohibiting civil

20         actions on behalf of the state or other

21         political subdivision against manufacturers,

22         distributors, and dealers of lawful products;

23         providing for actions for breach of contract or

24         warranty; providing for actions for injuries

25         resulting from defects in design or

26         manufacture; providing that the potential of a

27         lawful product to cause serious injury, damage,

28         or death does not constitute a defective

29         condition; providing an effective date.

30

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

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    Florida Senate - 2000                                  SB 1398
    18-3A-00




  1         Section 1.  Section 790.331, Florida Statutes, is

  2  created to read:

  3         790.331  Prohibition of civil actions against firearms

  4  or ammunition manufacturers, firearms trade associations,

  5  firearms or ammunition distributors, or firearms or ammunition

  6  dealers.--

  7         (1)  The Legislature finds and declares that the

  8  manufacture, distribution, or sale of firearms and ammunition

  9  by manufacturers, distributors, or dealers duly licensed by

10  the appropriate federal and state authorities is a lawful

11  activity and is not unreasonably dangerous, and further finds

12  that the unlawful use of firearms and ammunition, rather than

13  their lawful manufacture, distribution, or sale, is the

14  proximate cause of injuries arising from their unlawful use.

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

16  action against a firearms or ammunition manufacturer, firearms

17  trade association, firearms or ammunition distributor, or

18  firearms or ammunition dealer on behalf of the state or its

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

20  municipality, special district, or any other political

21  subdivision or agency of the state, for damages, abatement, or

22  injunctive relief resulting from or arising out of the lawful

23  design, marketing, distribution, or sale of firearms or

24  ammunition to the public is prohibited. However, this

25  prohibition does not infringe upon the right of a natural

26  person to sue a firearms or ammunition manufacturer, firearms

27  trade association, firearms or ammunition distributor, or

28  firearms or ammunition dealer in any other capacity.

29         (3)  A county, municipality, special district, or other

30  political subdivision or agency of the state may not sue for

31  or recover from a firearms or ammunition manufacturer,

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    Florida Senate - 2000                                  SB 1398
    18-3A-00




  1  firearms trade association, firearms or ammunition

  2  distributor, or firearms or ammunition dealer damages,

  3  abatement, or injunctive relief in any case that arises out of

  4  or results from the lawful design, marketing, distribution, or

  5  sale of firearms or ammunition to the public.

  6         (4)  This section does not prohibit an action against a

  7  firearms or ammunition manufacturer, distributor, or dealer

  8  for:

  9         (a)  Breach of contract or warranty in connection with

10  a firearm or ammunition purchased by a county, municipality,

11  special district, or other political subdivision or agency of

12  the state.

13         (b)  Injuries resulting from the malfunction of a

14  firearm or ammunition due to a defect in design or

15  manufacture.

16         (5)(a)  For the purposes of this section, the potential

17  of a firearm or ammunition to cause serious injury, damage, or

18  death as a result of normal function does not constitute a

19  defective condition of the product.

20         (b)  A firearm or ammunition may not be deemed

21  defective on the basis of its potential to cause serious

22  injury, damage, or death when discharged legally or illegally.

23         (6)(a)  If a civil action is brought in violation of

24  this section, the defendant may recover all expenses resulting

25  from such action from the governmental entity bringing such

26  action.

27         (b)  In any civil action where the court finds that the

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

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

30  compensation for loss of income, and expenses incurred as a

31  result of such action.

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    Florida Senate - 2000                                  SB 1398
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  1         (c)  This subsection does not apply to an action

  2  pending on the effective date of this section which is

  3  withdrawn within 30 days after the effective date of this

  4  section.

  5         (7)  This section applies to any action pending on, or

  6  brought on or after, the effective date of this section.

  7         Section 2.  (1)  The Legislature finds and declares

  8  that the manufacture, distribution, and sale of lawful

  9  products by persons or entities not prohibited from doing so

10  are lawful activities and are not unreasonably dangerous.

11         (2)  Except as permitted by this section, the right and

12  authority to sue any person, including a manufacturer,

13  distributor, dealer, or trade association, on behalf of the

14  state or its agencies and instrumentalities, or on behalf of a

15  county, municipality, special district, or any other political

16  subdivision or agency of the state, for damages, abatement, or

17  injunctive relief resulting from or arising out of the lawful

18  design, marketing, distribution, or sale of lawful products to

19  the public is prohibited.

20         (3)  A county, municipality, special district, or other

21  political subdivision or agency of the state may not sue or

22  recover from any person, including a manufacturer,

23  distributor, dealer, or trade association, any damages,

24  abatement, or injunctive relief in cases arising out of or

25  resulting from the lawful design, marketing, distribution, or

26  sale of lawful products to the public.

27         (4)  This section does not prohibit an action against

28  any person for:

29         (a)  Breach of contract or warranty in connection with

30  a product purchased by the state, or by any county,

31

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    Florida Senate - 2000                                  SB 1398
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  1  municipality, special district, or other political subdivision

  2  or agency of the state.

  3         (b)  Injuries resulting from a malfunction due to a

  4  defect in design or manufacture.

  5         (5)(a)  For the purposes of this section, the potential

  6  of a lawful product to cause serious injury, damage, or death

  7  as a result of normal function, use, or consumption does not

  8  constitute a defective condition of the product.

  9         (b)  A lawful product may not be deemed defective on

10  the basis of its potential to cause serious injury, damage, or

11  death when used or consumed legally or illegally.

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

13  law.

14

15            *****************************************

16                          SENATE SUMMARY

17    Prohibits any action by, or on behalf of, the state or
      other political subdivision for damages, abatement, or
18    injunctive relief resulting from the lawful design,
      marketing, distribution, or sale of firearms or
19    ammunition to the public. Provides certain exceptions.
      Provides that the potential of firearms or ammunition to
20    cause injury, damage, or death is not a defective
      condition, whether the firearm or ammunition is
21    discharged legally or illegally. Provides for the award
      of expenses and attorney's fees. Prohibits any action by,
22    or on behalf of, the state or other political subdivision
      for damages, abatement, or injunctive relief resulting
23    from the sale of lawful products to the public. Provides
      that the potential of a lawful product to cause injury,
24    damage, or death is not a defective condition. (See bill
      for details.)
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