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.
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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
1
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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