Senate Bill 0410

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    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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    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
    32-23-00




  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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