CS/HB 737

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


CODING: Words stricken are deletions; words underlined are additions.