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The Committee on Judiciary (Gaetz) recommended the following

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amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Part III of chapter 331, Florida Statutes,

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consisting of section 331.501, is created to read:

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PART III

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SPACEFLIGHT

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     331.501 Spaceflight; informed consent.--

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     (1) For purposes of this section, the term:

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     (a) "Participant" means any space flight participant as

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that term is defined in 49 U.S.C. s. 70102.

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     (b) "Spaceflight activities" means launch services or

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reentry services as those terms are defined in 49 U.S,C. s.

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70102.

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     (c) "Spaceflight entity" means any public or private entity

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holding a United States Federal Aviation Administration launch,

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reentry, operator, or launch site license for spaceflight

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activities.

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     (2)(a) Except as provided in paragraph (b), a spaceflight

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entity is not liable for injury to or death of a participant

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resulting from the inherent risks of spaceflight activities so

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long as the warning contained in subsection (3) is distributed

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and signed as required. Except as provided in paragraph (b), a

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participant or participant's representative may not maintain an

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action against or recover from a spaceflight entity for the loss,

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damage, or death of the participant resulting exclusively from

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any of the inherent risks of spaceflight activities.

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     (b) Paragraph (a) does not prevent or limit the liability

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of a spaceflight entity if the spaceflight entity does any one or

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more of the following:

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     1. Commits an act or omission that constitutes gross

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negligence or willful or wanton disregard for the safety of the

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participant and that act or omission proximately causes injury,

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damage, or death to the participant;

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     2. Has actual knowledge or reasonably should have known of

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a dangerous condition on the land or in the facilities or

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equipment used in the spaceflight activities and the danger

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proximately causes injury, damage, or death to the participant;

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or

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     3. Intentionally injures the participant.

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     (c) Any limitation on legal liability afforded by this

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subsection to a spaceflight entity is in addition to any other

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limitation of legal liability otherwise provided by law.

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     (3)(a) Every spaceflight entity providing spaceflight

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activities to a participant, whether such activities occur on or

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off the site of a facility capable of launching a suborbital

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flight, shall have each participant sign the warning statement

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specified in paragraph (b).

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     (b) The warning statement described in paragraph (a) shall

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contain, at a minimum, the following statement:

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"WARNING: Under Florida law, there is no liability for an

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injury to or death of a participant in a spaceflight

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activity provided by a spaceflight entity if such injury or

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death results from the inherent risks of the spaceflight

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activity. Injuries caused by the inherent risks of

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spaceflight activities may include, among others, injury to

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land, equipment, persons, and animals, as well as the

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potential for you to act in a negligent manner that may

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contribute to your injury or death. You are assuming the

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risk of participating in this spaceflight activity."

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     (c) Failure to comply with the warning statement

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requirements in this section shall prevent a spaceflight entity

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from invoking the privileges of immunity provided by this

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section.

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     (4) This section expires October 2, 2018, unless reviewed

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and saved from repeal through reenactment by the Legislature.

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     Section 2.  This act shall take effect October 1, 2008.

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

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to informed consent for spaceflight;

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creating part III of ch. 331, F.S.; providing definitions;

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providing immunity from liability for injury to or death

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of certain participants in spaceflight activities if

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specified informed consent requirements are complied with;

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providing exceptions; requiring each participant to sign a

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warning statement; providing minimum requirements for a

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warning statement; providing for future expiration of the

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act; providing an effective date.

4/8/2008  10:09:00 AM     590-06917-08