Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. CS for HB 347
       
       
       
       
       
       
                                Ì670730{Î670730                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/F/2R          .                                
             03/05/2024 02:15 PM       .                                
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       Senator Pizzo moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (7) is added to section 487.081,
    6  Florida Statutes, to read:
    7         487.081 Exemptions.—
    8         (7)(a) A products liability action, including a failure to
    9  warn, may not be brought or maintained against an applicator of
   10  pesticides unless:
   11         1. The applicator exercised substantial control over an
   12  aspect of the design, testing, manufacture, or labeling of the
   13  product alleged to have caused the harm for which recovery of
   14  damages is sought;
   15         2. The applicator altered or modified the product, and the
   16  alteration or modification was a legal cause of the alleged harm
   17  for which recovery of damages is sought;
   18         3. The applicator handled, used, or applied the product in
   19  a manner inconsistent with the product label, and such action or
   20  failure to warn was a legal cause of the alleged harm for which
   21  recovery of damages is sought;
   22         4. The applicator engaged in some other negligent act
   23  relating to the pesticide, and such negligence was a legal cause
   24  of the alleged harm for which the recovery of damages is sought;
   25         5. The manufacturer of the product alleged to have caused
   26  the harm for which recovery of damages is sought is not subject
   27  to personal jurisdiction in this state; or
   28         6. The manufacturer of the product alleged to have caused
   29  the harm for which recovery of damages is sought is located in
   30  or is incorporated in, or the product is manufactured in, a
   31  foreign country of concern as defined in s. 288.860, including
   32  the People’s Republic of China, the Russian Federation, the
   33  Islamic Republic of Iran, the Democratic People’s Republic of
   34  Korea, the Republic of Cuba, the Venezuelan regime of Nicolás
   35  Maduro, or the Syrian Arab Republic, including any agency of or
   36  any other entity under significant control of such foreign
   37  country of concern.
   38         (b) This subsection applies only to pesticides as defined
   39  in s. 487.021.
   40         Section 2. This act shall take effect July 1, 2024.
   41  
   42  ================= T I T L E  A M E N D M E N T ================
   43  And the title is amended as follows:
   44         Delete everything before the enacting clause
   45  and insert:
   46                        A bill to be entitled                      
   47         An act relating to exemptions from products liability
   48         actions; amending s. 487.081, F.S.; specifying
   49         circumstances under which products liability actions
   50         may not be brought against applicators of pesticides;
   51         providing applicability; providing an effective date.