CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

    534-209AX-06                                   Bill No. HB 775

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Sublette offered the following:

12

13         Amendment (with title amendment) 

14         On page 21, lines 22-31, and on page 22, lines 1-4,

15  remove from the bill:  all of said lines

16

17  and insert in lieu thereof:

18         768.1256  Government rules defense.--

19         (1)  In a product liability action brought against a

20  manufacturer or seller for harm allegedly caused by a product,

21  there is a rebuttable presumption pursuant to s. 90.302(1)

22  that the product is not defective or unreasonably dangerous

23  and the manufacturer or seller is not liable if, at the time

24  the specific unit of the product was sold or delivered to the

25  initial purchaser or user, the aspect of the product that

26  allegedly caused the harm:

27         (a)  Complied with federal or state codes, statutes,

28  rules, regulations or standards relevant to the event causing

29  the death or injury;

30         (b)  The codes, statutes, rules, regulations or

31  standards contain specifications concerning the design or

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    File original & 9 copies    03/08/99
    hbd0005                     02:45 pm         00775-0040-752333




                                                   HOUSE AMENDMENT

    534-209AX-06                                   Bill No. HB 775

    Amendment No.     (for drafter's use only)





 1  manufacture of the product from which the manufacturer may not

 2  deviate;

 3         (c)  The codes, statutes, rules, regulations or

 4  standards are designed to prevent the type of harm that

 5  allegedly occurred; and

 6         (d)  Compliance with the codes, statutes, rules,

 7  regulations or standards is required as a condition for

 8  selling or distributing the product.

 9         (2)  In a product liability action as described in

10  subsection (1), there is a rebuttable presumption pursuant to

11  s. 90.302(1) that the product is defective or unreasonably

12  dangerous and the manufacturer or seller is liable if the

13  manufacturer or seller did not comply with the federal or

14  state codes, statutes, rules, regulations or standards as

15  described in subsection (1).

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18  ================ T I T L E   A M E N D M E N T ===============

19  And the title is amended as follows:

20         On page 2, line 17,

21

22  after the semicolon insert:

23         providing for a presumption of liability under

24         certain circumstances;

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    File original & 9 copies    03/08/99
    hbd0005                     02:45 pm         00775-0040-752333