Senate Bill sb2036c1

    Florida Senate - 2003                           CS for SB 2036

    By the Committee on Health, Aging, and Long-Term Care; and
    Senator Smith




    317-2039-03

  1                      A bill to be entitled

  2         An act relating to the Uniform Commercial Code;

  3         amending s. 672.316, F.S.; revising provisions

  4         relating to implied warranties of

  5         merchantability and fitness in the procurement,

  6         processing, storage, distribution, or use of

  7         blood, plasma, blood products, and blood

  8         derivatives; providing an effective date.

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

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12         Section 1.  Subsection (5) of section 672.316, Florida

13  Statutes, is amended to read:

14         672.316  Exclusion or modification of warranties.--

15         (5)  The procurement, processing, storage,

16  distribution, or use of whole blood, plasma, blood products,

17  and blood derivatives for the purpose of injecting or

18  transfusing the same, or any of them, into the human body for

19  any purpose whatsoever is declared to be the rendering of a

20  service by any person participating therein and does not

21  constitute a sale, whether or not any consideration is given

22  therefor; and the implied warranties of merchantability and

23  fitness for a particular purpose are not applicable as to a

24  defect that cannot be detected or removed by a reasonable use

25  of scientific procedures or techniques.

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

27  law.

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    Florida Senate - 2003                           CS for SB 2036
    317-2039-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2036

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 4  The committee substitute differs from SB 2036 in the following
    way:
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    The committee substitute does not designate blood service as a
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CODING: Words stricken are deletions; words underlined are additions.