1 | A bill to be entitled |
2 | An act relating to informed consent for spaceflight; |
3 | creating pt. III of ch. 331, F.S.; providing definitions; |
4 | providing immunity from liability for injury to or death |
5 | of certain participants in spaceflight activities if |
6 | specified informed consent requirements are complied with; |
7 | providing exceptions; requiring each participant to sign a |
8 | warning statement; providing minimum requirements for a |
9 | warning statement; providing an effective date. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Part III of chapter 331, Florida Statutes, |
14 | consisting of section 331.501, is created to read: |
15 | PART III |
16 | SPACEFLIGHT |
17 | 331.501 Spaceflight; informed consent.-- |
18 | (1) For purposes of this section, the term: |
19 | (a) "Participant" means any person, passenger, or crew |
20 | member participating in spaceflight activities. |
21 | (b) "Spaceflight activities" means any activities |
22 | necessary to preparing, launching, carrying, or landing a |
23 | vehicle and any payload, crew, or participant from Earth: |
24 | 1. In a suborbital trajectory; |
25 | 2. In Earth orbit in outer space; or |
26 | 3. Otherwise in outer space. |
27 | (c) "Spaceflight entity" means any public or private |
28 | entity holding a United States Federal Aviation Administration |
29 | launch, reentry, operator, or launch site license for |
30 | spaceflight activities. |
31 | (2)(a) Except as provided in paragraph (b), a spaceflight |
32 | entity is not liable for injury to or death of a participant |
33 | resulting from the inherent risks of spaceflight activities, so |
34 | long as the warning contained in subsection (3) is distributed |
35 | and signed as required. Except as provided in paragraph (b), no |
36 | participant or participant's representative may maintain an |
37 | action against or recover from a spaceflight entity for the |
38 | loss, damage, or death of the participant resulting exclusively |
39 | from any of the inherent risks of spaceflight activities. |
40 | (b) Nothing in paragraph (a) shall prevent or limit the |
41 | liability of a spaceflight entity if the spaceflight entity does |
42 | any one or more of the following: |
43 | 1. Commits an act or omission that constitutes negligence |
44 | or willful or wanton disregard for the safety of the participant |
45 | and that act or omission proximately causes injury, damage, or |
46 | death to the participant; |
47 | 2. Has actual knowledge or reasonably should have known of |
48 | a dangerous condition on the land or in the facilities or |
49 | equipment used in the spaceflight activities and the danger |
50 | proximately causes injury, damage, or death to the participant; |
51 | or |
52 | 3. Intentionally injures the participant. |
53 | (c) Any limitation on legal liability afforded by this |
54 | subsection to a spaceflight entity is in addition to any other |
55 | limitation of legal liability otherwise provided by law. |
56 | (3)(a) Every spaceflight entity providing spaceflight |
57 | activities to a participant, whether such activities occur on or |
58 | off a facility capable of launching a suborbital flight, shall |
59 | have each participant sign the warning statement specified in |
60 | paragraph (b). |
61 | (b) The warning statement described in paragraph (a) shall |
62 | contain, at a minimum, the following statement: |
63 | |
64 | "WARNING: Under Florida law, there is no liability for an |
65 | injury to or death of a participant in a spaceflight |
66 | activity provided by a spaceflight entity if such injury or |
67 | death results from the inherent risks of the spaceflight |
68 | activity. Injuries caused by the inherent risks of |
69 | spaceflight activities may include, among others, injury to |
70 | land, equipment, persons, and animals, as well as the |
71 | potential for you to act in a negligent manner that may |
72 | contribute to your injury or death. You are assuming the |
73 | risk of participating in this spaceflight activity." |
74 |
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75 | (c) Failure to comply with the warning statement |
76 | requirements in this section shall prevent a spaceflight entity |
77 | from invoking the privileges of immunity provided by this |
78 | section. |
79 | Section 2. This act shall take effect October 1, 2008. |