Florida Senate - 2025                                     SB 992
       
       
        
       By Senator Collins
       
       
       
       
       
       14-00500A-25                                           2025992__
    1                        A bill to be entitled                      
    2         An act relating to products liability actions under
    3         the Florida Pesticide Law; creating s. 487.082, F.S.;
    4         prohibiting a products liability action from being
    5         brought or maintained under the Florida Pesticide Law
    6         unless certain conditions are met; prohibiting a
    7         products liability action based on failure to warn
    8         theory from being brought against certain pesticide
    9         manufacturers under certain circumstances; providing
   10         construction; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 487.082, Florida Statutes, is created to
   15  read:
   16         487.082 Products liability actions.-
   17         (1) A products liability action, including a failure to
   18  warn, may not be brought or maintained against any distributor,
   19  dealer, applicator, registrant, or agricultural employer as
   20  defined in s. 487.2031 unless:
   21         (a) The distributor, dealer, applicator, registrant, or
   22  agricultural employer exercised substantial control over the
   23  aspect of the design, testing, manufacture, or labeling of the
   24  product that caused the alleged harm for which recovery of
   25  damages is sought;
   26         (b) The distributor, dealer, applicator, registrant, or
   27  agricultural employer altered or modified the product, and the
   28  alteration or modification was a substantial factor in causing
   29  the alleged harm for which recovery of damages is sought;
   30         (c) The distributor, dealer, applicator, registrant, or
   31  agricultural employer handled, used, or applied the product in a
   32  manner inconsistent with the product label and such action or
   33  failure to warn, caused the alleged harm for which recovery of
   34  damages is sought; or
   35         (d) The manufacturer of the product that caused the alleged
   36  harm for which recovery of damages is sought is not subject to
   37  the jurisdiction of this state.
   38         (2)(a) A products liability action based on a failure to
   39  warn may not be brought or maintained against a manufacturer for
   40  any pesticide registered with the United States Environmental
   41  Protection Agency Federal Insecticide, Fungicide, and
   42  Rodenticide Act (FIFRA), 7 U.S.C. ss. 136 et seq., if the label
   43  is:
   44         1. Approved by the United States Environmental Protection
   45  Agency;
   46         2. Consistent with the most recent human health assessment
   47  performed under FIFRA; or
   48         3. Consistent with the United States Environmental
   49  Protection Agency carcinogenicity classification of the
   50  pesticide under FIFRA.
   51         (b) A label described in paragraph (a) satisfies any
   52  requirement for a warning label regarding health or safety, or
   53  any other provision of general law.
   54         Section 2. This act shall take effect July 1, 2025.