Senate Bill sb2568

    Florida Senate - 2005                                  SB 2568

    By Senator Webster





    9-1478-05

  1                      A bill to be entitled

  2         An act relating to limitation on liability for

  3         products; creating s. 768.1259, F.S.; defining

  4         the term "seller"; prohibiting a person from

  5         commencing or maintaining a civil claim or

  6         action against the seller of a product based on

  7         any legal theory that the product caused harm

  8         unless certain specified conditions are

  9         satisfied; providing that the seller of a

10         product is subject to an action for product

11         liability if the manufacturer of the product is

12         not subject to personal jurisdiction in this

13         state; providing an effective date.

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

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17         Section 1.  Section 768.1259, Florida Statutes, is

18  created to read:

19         768.1259  Protection from liability for sellers.--

20         (1)  As used in this section, the term "seller" means a

21  person who sells a product as a retailer, distributor, or

22  wholesaler, or who otherwise transfers a product to another

23  for compensation.

24         (2)  A person may not commence or maintain a civil

25  claim or action against the seller of a product based on any

26  legal theory that the product caused harm of any kind unless

27  the seller:

28         (a)  Manufactured, produced, or designed the product;

29  or

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    Florida Senate - 2005                                  SB 2568
    9-1478-05




 1         (b)  Altered, modified, assembled, or failed to

 2  maintain the product in a manner that caused harm to the

 3  claimant.

 4         (3)  Notwithstanding subsection (2), the seller of a

 5  product is subject to an action for product liability if the

 6  manufacturer of the product is not subject to personal

 7  jurisdiction in this state.

 8         Section 2.  This act shall take effect July 1, 2005.

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11                          SENATE SUMMARY

12    Provides a definition for the term "seller." Provides
      that a person may not commence or maintain a civil claim
13    or action against the seller of a product based on any
      legal theory that the product caused harm unless certain
14    specified conditions are satisfied. Provides that the
      seller of a product is subject to an action for product
15    liability if the manufacturer of the product is not
      subject to personal jurisdiction in this state.
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CODING: Words stricken are deletions; words underlined are additions.