1 | Representative Gaetz offered the following: |
2 |
|
3 | Amendment (with title amendment) |
4 | Remove lines 33-74 and insert: |
5 | or property damage, injury, or death suffered by any other |
6 | person resulting from the inherent risks of spaceflight |
7 | activities, manufacturing activities, or supplying activities so |
8 | long as the warning contained in subsection (3) is published in |
9 | a newspaper of general circulation in the locality where the |
10 | spaceflight entity has its principal place of business and is |
11 | distributed to and signed by the spaceflight participants as |
12 | required. Except as provided in paragraph (b), a participant, a |
13 | or participant's representative, or any other person may not |
14 | maintain an action against or recover from a spaceflight entity |
15 | for the loss, damage, or death of the participant or other |
16 | person resulting exclusively from any of the inherent risks of |
17 | spaceflight activities, manufacturing activities, or supplying |
18 | activities. |
19 | (b) Paragraph (a) does not prevent or limit the liability |
20 | of a spaceflight entity if the spaceflight entity does any one |
21 | or more of the following: |
22 | 1. Commits an act or omission that constitutes gross |
23 | negligence or willful or wanton disregard for the safety of the |
24 | participant or other person and that act or omission proximately |
25 | causes injury, damage, or death to the participant or other |
26 | person; |
27 | 2. Has actual knowledge or reasonably should have known of |
28 | a dangerous condition on the land or in the facilities or |
29 | equipment used in the spaceflight activities and the danger |
30 | proximately causes injury, damage, or death to the participant |
31 | or other person; or |
32 | 3. Intentionally injures the participant or other person. |
33 | (c) Any limitation on legal liability afforded by this |
34 | subsection to a spaceflight entity is in addition to any other |
35 | limitation of legal liability otherwise provided by law. |
36 | (3)(a) Every spaceflight entity providing spaceflight |
37 | activities to a participant, whether such activities occur on or |
38 | off the site of a facility capable of launching a suborbital |
39 | flight, shall have each participant sign the warning statement |
40 | specified in paragraph (b). |
41 | (b) The warning statement described in paragraph (a) shall |
42 | contain, at a minimum, the following statement: |
43 |
|
44 | "WARNING: Under Florida law, there is no liability for |
45 | an injury to or death of a participant in a |
46 | spaceflight activity provided by a spaceflight entity |
47 | or for property damage, injury, or death suffered by |
48 | any other person arising out of the spaceflight |
49 | activity, manufacturing activity, or supplying |
50 | activity of a spaceflight entity as defined by law, if |
51 | such property damage, injury, or death results from |
52 | the inherent risks of the spaceflight activity, |
53 | manufacturing activity, or supplying activity. |
54 | Injuries caused by the inherent risks of spaceflight |
55 | activities, manufacturing activities, or supplying |
56 | activities may include, among others, injury to land, |
57 | equipment, persons, and animals, as well as the |
58 | potential for a participant in a spaceflight activity, |
59 | manufacturing activity, or supplying activity or other |
60 | person you to act in a negligent manner that may |
61 | contribute to the participant's or the other person's |
62 | own your injury or death. A participant in spaceflight |
63 | activity or other person assumes You are assuming the |
64 | risk of participating in or exposure to this |
65 | spaceflight activities, manufacturing activities, or |
66 | supplying activities activity." |
67 |
|
68 |
|
69 | ----------------------------------------------------- |
70 | T I T L E A M E N D M E N T |
71 | Between lines 6 and 7, insert: |
72 | providing immunity from liability for injury to or death |
73 | of certain participants in manufacturing and supplying |
74 | activities related to spaceflight if the spaceflight |
75 | entity is in compliance with specified informed consent; |
76 | providing exceptions; |