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




    302-2122A-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 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.

                                  1

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






    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.

31

                                  2

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






    Florida Senate - 2000                           CS for SB 1398
    302-2122A-00




  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

                                  3

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






    Florida Senate - 2000                           CS for SB 1398
    302-2122A-00




  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.

31

                                  4

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.
26

27

28

29

30

31

                                  5