SENATE AMENDMENT

    Bill No. SB 412

    Amendment No. ___   Barcode 924096

                            CHAMBER ACTION
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11  Senator Campbell moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 4, between lines 4 and 5,

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16  insert:

17         Section 2.  Section 790.0653, Florida Statutes, is

18  created to read:

19         790.0653  Firearm manufacturer product liability.--

20         (1)  As used in this section, the term:

21         (a)  "Combination handle lock" means a device that is

22  part of a firearm and that contains a code of three or more

23  digits which may be set in order to prevent the unauthorized

24  use of a firearm by rendering the firearm inoperable unless

25  the correct combination is entered.

26         (b)  "Comparable locking device" means any device that

27  is a nondetachable part of a firearm and that renders the

28  firearm inoperable.

29         (c)  "Integrated safety device" means a device,

30  including, but not limited to, a combination handle lock or

31  comparable locking device, which is a nondetachable part of a

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                                                  SENATE AMENDMENT

    Bill No. SB 412

    Amendment No. ___   Barcode 924096





  1  firearm and which precludes the discharging of the firearm by

  2  a person other than the owner of the firearm or any other

  3  person specifically authorized by the owner to use the

  4  firearm. The term does not include a safety device integrated

  5  into a detachable ammunition magazine which, when the device

  6  is activated, prevents the magazine itself from being

  7  detached. The term does not include any device that contains a

  8  mechanism that allows a user to readily bypass the lock other

  9  than by simply not engaging the lock.

10         (2)(a)  In any product liability action for harm

11  allegedly caused by a firearm which is brought against a

12  firearm manufacturer or firearm dealer licensed by the

13  appropriate federal and state authorities, it is presumed that

14  the firearm itself was not unreasonably dangerous for its

15  lawful use if, at the time the specific unit of the firearm

16  was sold or delivered to the initial purchaser or user, the

17  firearm had an integrated safety device.

18         (b)  This section applies to any action brought by or

19  on behalf of any individual; the state or its agencies and

20  instrumentalities; or a municipality, special district, or

21  other political subdivision of the state.

22         (c)  This section does not prohibit an action against a

23  firearm manufacturer or firearm dealer:

24         1.  Which relates to a firearm that is manufactured,

25  distributed, or sold in violation of applicable federal or

26  state laws.

27         2.  For breach of contract or warranty in connection

28  with the purchase of a firearm.

29         3.  For injuries resulting from a firearm malfunction

30  due to defects in design or manufacture.

31         (d)  This section does not:

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                                                  SENATE AMENDMENT

    Bill No. SB 412

    Amendment No. ___   Barcode 924096





  1         1.  Require a firearm manufacturer or firearm dealer to

  2  manufacture, distribute, or sell only firearms that have an

  3  integrated safety device.

  4         2.  Require a firearm purchaser to purchase only a

  5  firearm that has an integrated safety device.

  6         3.  Mean that a firearm that has an integrated safety

  7  device constitutes a firearm that is "not readily accessible

  8  for immediate use" within the meaning of s. 790.25(5).

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10  (Redesignate subsequent sections.)

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13  ================ T I T L E   A M E N D M E N T ===============

14  And the title is amended as follows:

15         On page 1, line 25, after the semicolon,

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17  insert:

18         creating s. 790.0653, F.S.; providing

19         definitions; defining the term "integrated

20         safety device"; limiting product liability

21         actions against firearm manufacturers or

22         firearm dealers if the firearm has an

23         integrated safety device when sold or delivered

24         to the initial purchaser or user; providing

25         that specified actions against a firearm

26         manufacturer or firearm dealer are not

27         prohibited;

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