Florida Senate - 2024                                    SB 1252
       
       
        
       By Senator Collins
       
       
       
       
       
       14-01059-24                                           20241252__
    1                        A bill to be entitled                      
    2         An act relating to exemptions from products liability
    3         actions; amending s. 487.081, F.S.; specifying
    4         circumstances under which products liability actions
    5         may not be brought against distributors, dealers, or
    6         applicators of pesticides; providing an effective
    7         date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (7) is added to section 487.081,
   12  Florida Statutes, to read:
   13         487.081 Exemptions.—
   14         (7) A products liability action, including a failure to
   15  warn, may not be brought or maintained against any distributor,
   16  dealer, or applicator unless:
   17         (a) The distributor, dealer, or applicator exercised
   18  substantial control over the aspect of the design, testing,
   19  manufacture, or labeling of the product that caused the alleged
   20  harm for which recovery of damages is sought;
   21         (b) The distributor, dealer, or applicator altered or
   22  modified the product, and the alteration or modification was a
   23  substantial factor in causing the alleged harm for which
   24  recovery of damages is sought;
   25         (c) The distributor, dealer, or applicator handled, used,
   26  or applied the product in a manner inconsistent with the product
   27  label and that such action or failure to warn caused the alleged
   28  harm for which recovery of damages is sought; or
   29         (d) The manufacturer of the product that caused the alleged
   30  harm for which recovery of damages is sought is not subject to
   31  the jurisdiction of this state.
   32         Section 2. This act shall take effect July 1, 2024.