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CHAMBER ACTION |
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The Committee on Health Care recommends the following: |
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Committee Substitute |
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Remove the entire bill and insert: |
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A bill to be entitled |
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An act relating to the Uniform Commercial Code; amending |
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s. 672.316, F.S.; providing that implied warranties of |
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merchantability and fitness for a particular purpose are |
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not applicable to the procurement, processing, storage, |
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distribution, or use of blood; providing an effective |
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date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Subsection (5) of section 672.316, Florida |
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Statutes, is amended to read: |
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672.316 Exclusion or modification of warranties.-- |
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(5) The procurement, processing, storage, distribution, or |
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use of whole blood, plasma, blood products, and blood |
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derivatives for the purpose of injecting or transfusing the |
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same, or any of them, into the human body for any purpose |
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whatsoever is declared to be the rendering of a service by any |
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person participating therein and does not constitute a sale, |
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whether or not any consideration is given therefor; and the |
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implied warranties of merchantability and fitness for a |
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particular purpose are not applicable as to a defect that cannot |
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be detected or removed by a reasonable use of scientific |
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procedures or techniques. |
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Section 2. This act shall take effect upon becoming a law. |