House Bill 1537c1

    Florida House of Representatives - 2000             CS/HB 1537

        By the Committee on Governmental Operations and
    Representative Albright





  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; providing an effective

20         date.

21

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

23

24         Section 1.  Section 790.331, Florida Statutes, is

25  created to read:

26         790.331  Prohibition of civil actions against firearms

27  or ammunition manufacturers, firearms trade associations,

28  firearms or ammunition distributors, or firearms or ammunition

29  dealers.--

30         (1)  The Legislature finds and declares that the

31  manufacture, distribution, or sale of firearms and ammunition

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






    Florida House of Representatives - 2000             CS/HB 1537

    688-144-00






  1  by manufacturers, distributors, or dealers duly licensed by

  2  the appropriate federal and state authorities is a lawful

  3  activity and is not unreasonably dangerous, and further finds

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

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

  6  proximate cause of injuries arising from their unlawful use.

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

  8  action against a firearms or ammunition manufacturer, firearms

  9  trade association, firearms or ammunition distributor, or

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

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

12  municipality, special district, or any other political

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

14  injunctive relief resulting from or arising out of the lawful

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

16  ammunition to the public is prohibited. However, this

17  prohibition does not infringe upon the right of a natural

18  person to sue a firearms or ammunition manufacturer, firearms

19  trade association, firearms or ammunition distributor, or

20  firearms or ammunition dealer in any other capacity.

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

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

23  or recover from a firearms or ammunition manufacturer,

24  firearms trade association, firearms or ammunition

25  distributor, or firearms or ammunition dealer damages,

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

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

28  sale of firearms or ammunition to the public.

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

30  firearms or ammunition manufacturer, distributor, or dealer

31  for:

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






    Florida House of Representatives - 2000             CS/HB 1537

    688-144-00






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

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

  3  special district, or other political subdivision or agency of

  4  the state.

  5         (b)  Injuries resulting from the malfunction of a

  6  firearm or ammunition due to a defect in design or

  7  manufacture.

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

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

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

11  defective condition of the product.

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

13  defective on the basis of its potential to cause serious

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

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

16  this section, the defendant may recover all expenses resulting

17  from such action from the governmental entity bringing such

18  action.

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

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

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

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

23  result of such action.

24         (c)  This subsection does not apply to an action

25  pending on the effective date of this section which is

26  withdrawn within 30 days after the effective date of this

27  section.

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

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

30         Section 2.  This act shall take effect upon becoming a

31  law.

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