Florida Senate - 2011                                     SB 652
       
       
       
       By Senator Simmons
       
       
       
       
       22-00609-11                                            2011652__
    1                        A bill to be entitled                      
    2         An act relating to the liability of spaceflight
    3         entities; amending s. 331.501, F.S.; saving a
    4         provision from future repeal which provides
    5         spaceflight entities with immunity from liability for
    6         the loss, damage, or death of a participant resulting
    7         from the inherent risks of spaceflight activities;
    8         providing an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 331.501, Florida Statutes, is amended to
   13  read:
   14         331.501 Spaceflight; informed consent.—
   15         (1) For purposes of this section, the term:
   16         (a) “Participant” means any spaceflight participant as that
   17  term is defined in 49 U.S.C. s. 70102.
   18         (b) “Spaceflight activities” means launch services or
   19  reentry services as those terms are defined in 49 U.S.C. s.
   20  70102.
   21         (c) “Spaceflight entity” means any public or private entity
   22  holding a United States Federal Aviation Administration launch,
   23  reentry, operator, or launch site license for spaceflight
   24  activities.
   25         (2)(a) Except as provided in paragraph (b), a spaceflight
   26  entity is not liable for injury to or death of a participant
   27  resulting from the inherent risks of spaceflight activities so
   28  long as the warning contained in subsection (3) is distributed
   29  and signed as required. Except as provided in paragraph (b), a
   30  participant or participant’s representative may not maintain an
   31  action against or recover from a spaceflight entity for the
   32  loss, damage, or death of the participant resulting exclusively
   33  from any of the inherent risks of spaceflight activities.
   34         (b) Paragraph (a) does not prevent or limit the liability
   35  of a spaceflight entity if the spaceflight entity does any one
   36  or more of the following:
   37         1. Commits an act or omission that constitutes gross
   38  negligence or willful or wanton disregard for the safety of the
   39  participant and that act or omission proximately causes injury,
   40  damage, or death to the participant;
   41         2. Has actual knowledge or reasonably should have known of
   42  a dangerous condition on the land or in the facilities or
   43  equipment used in the spaceflight activities and the danger
   44  proximately causes injury, damage, or death to the participant;
   45  or
   46         3. Intentionally injures the participant.
   47         (c) Any limitation on legal liability afforded by this
   48  subsection to a spaceflight entity is in addition to any other
   49  limitation of legal liability otherwise provided by law.
   50         (3)(a) Every spaceflight entity providing spaceflight
   51  activities to a participant, whether such activities occur on or
   52  off the site of a facility capable of launching a suborbital
   53  flight, shall have each participant sign the warning statement
   54  specified in paragraph (b).
   55         (b) The warning statement described in paragraph (a) shall
   56  contain, at a minimum, the following statement:
   57  
   58         “WARNING: Under Florida law, there is no liability for
   59         an injury to or death of a participant in a
   60         spaceflight activity provided by a spaceflight entity
   61         if such injury or death results from the inherent
   62         risks of the spaceflight activity. Injuries caused by
   63         the inherent risks of spaceflight activities may
   64         include, among others, injury to land, equipment,
   65         persons, and animals, as well as the potential for you
   66         to act in a negligent manner that may contribute to
   67         your injury or death. You are assuming the risk of
   68         participating in this spaceflight activity.”
   69  
   70         (c) Failure to comply with the warning statement
   71  requirements in this section shall prevent a spaceflight entity
   72  from invoking the privileges of immunity provided by this
   73  section.
   74         (4) This section expires October 2, 2018, unless reviewed
   75  and saved from repeal through reenactment by the Legislature.
   76         Section 2. This act shall take effect July 1, 2011.