Senate Bill 1398c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1398
By the Committee on Governmental Oversight and Productivity;
and Senator Bronson
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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 a legal
20 action on behalf of the state or other
21 political subdivisions against a manufacturer,
22 trade association, distributor, or dealer for
23 damages arising out of the marketing or sale of
24 a lawful product; providing for actions for
25 breach of contract or warranty; providing for
26 actions for injuries resulting from a defective
27 product; providing for an award of attorney's
28 fees and compensation for loss of income if the
29 court finds the defendant is immune as provided
30 by the act; providing for application of the
31 act; providing an effective date.
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Florida Senate - 2000 CS for SB 1398
302-2122A-00
1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Section 790.331, Florida Statutes, is
4 created to read:
5 790.331 Prohibition of civil actions against firearms
6 or ammunition manufacturers, firearms trade associations,
7 firearms or ammunition distributors, or firearms or ammunition
8 dealers.--
9 (1) The Legislature finds and declares that the
10 manufacture, distribution, or sale of firearms and ammunition
11 by manufacturers, distributors, or dealers duly licensed by
12 the appropriate federal and state authorities is a lawful
13 activity and is not unreasonably dangerous, and further finds
14 that the unlawful use of firearms and ammunition, rather than
15 their lawful manufacture, distribution, or sale, is the
16 proximate cause of injuries arising from their unlawful use.
17 (2) Except as permitted by this section, a legal
18 action against a firearms or ammunition manufacturer, firearms
19 trade association, firearms or ammunition distributor, or
20 firearms or ammunition dealer on behalf of the state or its
21 agencies and instrumentalities, or on behalf of a county,
22 municipality, special district, or any other political
23 subdivision or agency of the state, for damages, abatement, or
24 injunctive relief resulting from or arising out of the lawful
25 design, marketing, distribution, or sale of firearms or
26 ammunition to the public is prohibited. However, this
27 prohibition does not infringe upon the right of a natural
28 person to sue a firearms or ammunition manufacturer, firearms
29 trade association, firearms or ammunition distributor, or
30 firearms or ammunition dealer in any other capacity.
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Florida Senate - 2000 CS for SB 1398
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1 (3) A county, municipality, special district, or other
2 political subdivision or agency of the state may not sue for
3 or recover from a firearms or ammunition manufacturer,
4 firearms trade association, firearms or ammunition
5 distributor, or firearms or ammunition dealer damages,
6 abatement, or injunctive relief in any case that arises out of
7 or results from the lawful design, marketing, distribution, or
8 sale of firearms or ammunition to the public.
9 (4) This section does not prohibit an action against a
10 firearms or ammunition manufacturer, distributor, or dealer
11 for:
12 (a) Breach of contract or warranty in connection with
13 a firearm or ammunition purchased by a county, municipality,
14 special district, or other political subdivision or agency of
15 the state.
16 (b) Injuries resulting from the malfunction of a
17 firearm or ammunition due to a defect in design or
18 manufacture.
19 (5)(a) For the purposes of this section, the potential
20 of a firearm or ammunition to cause serious injury, damage, or
21 death as a result of normal function does not constitute a
22 defective condition of the product.
23 (b) A firearm or ammunition may not be deemed
24 defective on the basis of its potential to cause serious
25 injury, damage, or death when discharged legally or illegally.
26 (6)(a) If a civil action is brought in violation of
27 this section, the defendant may recover all expenses resulting
28 from such action from the governmental entity bringing such
29 action.
30 (b) In any civil action where the court finds that the
31 defendant is immune as provided in this section, the court
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1398
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1 shall award the defendant all attorney's fees, costs and
2 compensation for loss of income, and expenses incurred as a
3 result of such action.
4 (7) This section applies to any action brought on or
5 after the effective date of this section.
6 Section 2. (1) Except as permitted by this section, a
7 legal action against a manufacturer, trade association,
8 distributor, or dealer on behalf of the state or its agencies
9 and instrumentalities, or on behalf of a county, municipality,
10 special district, or any other political subdivision or agency
11 of the state, for damages, abatement, or injunctive relief
12 resulting from or arising out of the lawful design, marketing,
13 distribution, or sale of a lawful product to the public is
14 prohibited. However, this prohibition does not infringe upon
15 the right of a natural person to sue a manufacturer, trade
16 association, distributor, or dealer in any other capacity.
17 (2) A county, municipality, special district, or other
18 political subdivision or agency of the state may not sue for
19 or recover from a manufacturer, trade association,
20 distributor, or dealer damages, abatement, or injunctive
21 relief in any case that arises out of or results from the
22 lawful design, marketing, distribution, or sale of a lawful
23 product to the public.
24 (3) This section does not prohibit an action against a
25 manufacturer, distributor, or dealer for:
26 (a) Breach of contract or warranty in connection with
27 a product purchased by a county, municipality, special
28 district, or other political subdivision or agency of the
29 state.
30 (b) Injuries resulting from a defective product.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1398
302-2122A-00
1 (4)(a) If a civil action is brought in violation of
2 this section, the defendant may recover all expenses resulting
3 from such action from the governmental entity bringing such
4 action.
5 (b) In any civil action where the court finds that the
6 defendant is immune as provided in this section, the court
7 shall award the defendant all attorney's fees, costs and
8 compensation for loss of income, and expenses incurred as a
9 result of such action.
10 (5) This section applies to any action brought on or
11 after the effective date of this section.
12 Section 3. This act shall take effect upon becoming a
13 law.
14
15 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
16 SB 1398
17
18 Changes bill's applicability provision to state that it only
applies to actions brought on or after the bill's effective
19 date.
20 Removes legislative finding that the manufacture, distribution
and sale of lawful products are lawful activities and are not
21 unreasonably dangerous.
22 Adds a provision which states that the bill's prohibition on
government entities concerning lawful products does not
23 infringe on a natural person's rights.
24 Removes provision which indicated that a lawful product could
not be deemed defective on the basis that it could potentially
25 cause serious injury, damage, or death when used or consumed
legally or illegally.
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