Senate Bill 0410c1

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



    Florida Senate - 2000                            CS for SB 410

    By the Committee on Judiciary and Senator Forman





    308-2185-00

  1                      A bill to be entitled

  2         An act relating to limitations on actions;

  3         amending s. 95.031, F.S.; exempting aircraft

  4         and their component parts from a 20-year

  5         statute of repose on actions brought to recover

  6         for harm caused by products having a specified

  7         expected useful life; providing an effective

  8         date.

  9

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

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12         Section 1.  Paragraph (b) of subsection (2) of section

13  95.031, Florida Statutes, is amended to read:

14         95.031  Computation of time.--Except as provided in

15  subsection (2) and in s. 95.051 and elsewhere in these

16  statutes, the time within which an action shall be begun under

17  any statute of limitations runs from the time the cause of

18  action accrues.

19         (2)

20         (b)  An action for products liability under s. 95.11(3)

21  must be begun within the period prescribed in this chapter,

22  with the period running from the date that the facts giving

23  rise to the cause of action were discovered, or should have

24  been discovered with the exercise of due diligence, rather

25  than running from any other date prescribed elsewhere in s.

26  95.11(3), except as provided within this subsection. Under no

27  circumstances may a claimant commence an action for products

28  liability, including a wrongful death action or any other

29  claim arising from personal injury or property damage caused

30  by a product, to recover for harm allegedly caused by a

31  product with an expected useful life of 10 years or less, if

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






    Florida Senate - 2000                            CS for SB 410
    308-2185-00




  1  the harm was caused by exposure to or use of the product more

  2  than 12 years after delivery of the product to its first

  3  purchaser or lessee who was not engaged in the business of

  4  selling or leasing the product or of using the product as a

  5  component in the manufacture of another product. All products,

  6  except those included within subparagraph 1. or subparagraph

  7  2., are conclusively presumed to have an expected useful life

  8  of 10 years or less.

  9         1.  Aircraft used in commercial or contract carrying of

10  passengers or freight, Vessels of more than 100 gross tons,

11  railroad equipment used in commercial or contract carrying of

12  passengers or freight, and improvements to real property,

13  including elevators and escalators, are not subject to the

14  statute of repose provided within this subsection.

15         2.  Any product not listed in subparagraph 1. or 4.,

16  which the manufacturer specifically warranted, through express

17  representation or labeling, as having an expected useful life

18  exceeding 10 years, has an expected useful life commensurate

19  with the time period indicated by the warranty or label. Under

20  such circumstances, no action for products liability may be

21  brought after the expected useful life of the product, or more

22  than 12 years after delivery of the product to its first

23  purchaser or lessee who was not engaged in the business of

24  selling or leasing the product or of using the product as a

25  component in the manufacture of another product, whichever is

26  later.

27         3.  With regard to those products listed in

28  subparagraph 1., except for escalators, elevators, and

29  improvements to real property, no action for products

30  liability may be brought more than 20 years after delivery of

31  the product to its first purchaser or lessor who was not

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






    Florida Senate - 2000                            CS for SB 410
    308-2185-00




  1  engaged in the business of selling or leasing the product or

  2  of using the product as a component in the manufacture of

  3  another product. However, if the manufacturer specifically

  4  warranted, through express representation or labeling, that

  5  the product has an expected useful life exceeding 20 years,

  6  the repose period shall be the time period warranted in

  7  representations or label.

  8         4.  Aircraft and their component parts are not subject

  9  to the statute of repose in this subsection.

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

11  law.

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13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                              SB 410

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16  Narrows the bill's effect to only repeal that portion of the
    products liability statute of repose contained in s.
17  95.031(2), F.S., pertaining to aircraft used in the commercial
    or contract carrying of passengers or freight.
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