Senate Bill 0410
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 410
By Senator Forman
32-23-00
1 A bill to be entitled
2 An act relating to limitations on actions;
3 amending s. 95.031, F.S.; repealing a 12-year
4 statute of repose on actions brought to recover
5 for harm caused by products having a specified
6 expected useful life; repealing exceptions and
7 exemptions from such statute; repealing
8 provisions relating to the tolling of the
9 statute under specified circumstances;
10 providing an effective date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Subsection (2) of section 95.031, Florida
15 Statutes, is amended to read:
16 95.031 Computation of time.--Except as provided in
17 subsection (2) and in s. 95.051 and elsewhere in these
18 statutes, the time within which an action shall be begun under
19 any statute of limitations runs from the time the cause of
20 action accrues.
21 (2)(a) Actions An action for product liability and
22 fraud under s. 95.11(3) must be begun within the period
23 prescribed in this chapter, with the period running from the
24 time the facts giving rise to the cause of action were
25 discovered or should have been discovered with the exercise of
26 due diligence, instead of running from any date prescribed
27 elsewhere in s. 95.11(3), but in any event an action for fraud
28 under s. 95.11(3) must be begun within 12 years after the date
29 of the commission of the alleged fraud, regardless of the date
30 the fraud was or should have been discovered.
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Florida Senate - 2000 SB 410
32-23-00
1 (b) An action for products liability under s. 95.11(3)
2 must be begun within the period prescribed in this chapter,
3 with the period running from the date that the facts giving
4 rise to the cause of action were discovered, or should have
5 been discovered with the exercise of due diligence, rather
6 than running from any other date prescribed elsewhere in s.
7 95.11(3), except as provided within this subsection. Under no
8 circumstances may a claimant commence an action for products
9 liability, including a wrongful death action or any other
10 claim arising from personal injury or property damage caused
11 by a product, to recover for harm allegedly caused by a
12 product with an expected useful life of 10 years or less, if
13 the harm was caused by exposure to or use of the product more
14 than 12 years after delivery of the product to its first
15 purchaser or lessee who was not engaged in the business of
16 selling or leasing the product or of using the product as a
17 component in the manufacture of another product. All products,
18 except those included within subparagraph 1. or subparagraph
19 2., are conclusively presumed to have an expected useful life
20 of 10 years or less.
21 1. Aircraft used in commercial or contract carrying of
22 passengers or freight, vessels of more than 100 gross tons,
23 railroad equipment used in commercial or contract carrying of
24 passengers or freight, and improvements to real property,
25 including elevators and escalators, are not subject to the
26 statute of repose provided within this subsection.
27 2. Any product not listed in subparagraph 1., which
28 the manufacturer specifically warranted, through express
29 representation or labeling, as having an expected useful life
30 exceeding 10 years, has an expected useful life commensurate
31 with the time period indicated by the warranty or label. Under
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 410
32-23-00
1 such circumstances, no action for products liability may be
2 brought after the expected useful life of the product, or more
3 than 12 years after delivery of the product to its first
4 purchaser or lessee who was not engaged in the business of
5 selling or leasing the product or of using the product as a
6 component in the manufacture of another product, whichever is
7 later.
8 3. With regard to those products listed in
9 subparagraph 1., except for escalators, elevators, and
10 improvements to real property, no action for products
11 liability may be brought more than 20 years after delivery of
12 the product to its first purchaser or lessor who was not
13 engaged in the business of selling or leasing the product or
14 of using the product as a component in the manufacture of
15 another product. However, if the manufacturer specifically
16 warranted, through express representation or labeling, that
17 the product has an expected useful life exceeding 20 years,
18 the repose period shall be the time period warranted in
19 representations or label.
20 (c) The repose period prescribed in paragraph (b) does
21 not apply if the claimant was exposed to or used the product
22 within the repose period, but an injury caused by such
23 exposure or use did not manifest itself until after expiration
24 of the repose period.
25 (d) The repose period prescribed within paragraph (b)
26 is tolled for any period during which the manufacturer through
27 its officers, directors, partners, or managing agents had
28 actual knowledge that the product was defective in the manner
29 alleged by the claimant and took affirmative steps to conceal
30 the defect. Any claim of concealment under this section shall
31 be made with specificity and must be based upon substantial
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Florida Senate - 2000 SB 410
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1 factual and legal support. Maintaining the confidentiality of
2 trade secrets does not constitute concealment under this
3 section.
4 Section 2. This act shall take effect upon becoming a
5 law.
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8 SENATE SUMMARY
9 Repeals a 12-year statute of repose on actions brought to
recover for harm caused by products having a specified
10 expected useful life. Also repeals specified exemptions
and exceptions from the applicability of such limitation.
11 Repeals provisions relating to the tolling of the statute
of repose under specified circumstances.
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