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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 suborbital flight participants if specified

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informed consent requirements are complied with; providing

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exceptions; requiring each participant to sign a warning

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statement; providing minimum requirements for a warning

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statement; providing an effective date.

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

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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 Suborbital spaceflight; informed consent.--

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

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     (a) "Participant" means any person, passenger, or crew

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member participating in spaceflight activities.

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     (b) "Spaceflight activities" means any activities necessary

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or antecedent to preparing, launching, carrying, or landing a

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participant on a suborbital flight.

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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 suborbital flight.

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     (d) "Suborbital flight" means a flight that is not intended

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to complete an orbit around the earth and that has any portion of

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its intended flight path at altitude equal to or greater than

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62.5 miles above the earth's mean sea level.

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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 launch

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activities, so long as the warning contained in subsection (3) is

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distributed and signed as required. Except as provided in

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paragraph (b), no participant or participant's representative may

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maintain an action against or recover from a spaceflight entity

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for the loss, damage, or death of the participant resulting

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exclusively from any of the inherent risks of spaceflight

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activities; provided that, in any action for damages against a

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spaceflight entity for spaceflight activities, the spaceflight

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entity shall plead the affirmative defense of assumption of the

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risk of spaceflight activities by the participant.

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     (b) Nothing in paragraph (a) shall prevent or limit the

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liability of a spaceflight entity if the spaceflight entity does

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any one or 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 a facility capable of launching a suborbital flight, shall

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have each participant sign the warning statement specified in

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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. Inherent risks of spaceflight activities include,

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among others, risks of injury to land, equipment, persons,

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and animals, as well as the potential for you to act in a

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negligent manner that may contribute to your injury or

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death. You are assuming the risk of participating in this

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