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



                                                  SENATE AMENDMENT

    Bill No. SB 412

    Amendment No. ___   Barcode 755000

                            CHAMBER ACTION
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11  Senator Holzendorf moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

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16  and insert:

17         Section 1.  Section 790.331, Florida Statutes, is

18  created to read:

19         790.331  Prohibition of civil actions against firearms

20  or ammunition manufacturers, firearms trade associations,

21  firearms or ammunition distributors, or firearms or ammunition

22  dealers.--

23         (1)  The Legislature finds and declares that the

24  manufacture, distribution, or sale of firearms concomitant

25  with trigger locks, and ammunition by manufacturers,

26  distributors, or dealers duly licensed by the appropriate

27  federal and state authorities is a lawful activity and is not

28  unreasonably dangerous, and further finds that the unlawful

29  use of firearms and ammunition, rather than their lawful and

30  responsible manufacture, distribution, or sale, is the

31  proximate cause of injuries arising from their unlawful use.

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                                                  SENATE AMENDMENT

    Bill No. SB 412

    Amendment No. ___   Barcode 755000





  1         (2)  Except as permitted by this section, a legal

  2  action against a firearms or ammunition manufacturer, firearms

  3  trade association, firearms or ammunition distributor, or

  4  firearms or ammunition dealer on behalf of the state or its

  5  agencies and instrumentalities, or on behalf of a county,

  6  municipality, special district, or any other political

  7  subdivision or agency of the state, for damages, abatement, or

  8  injunctive relief resulting from or arising out of the lawful

  9  design, marketing, distribution, or sale of firearms

10  concomitant with trigger locks, or ammunition to the public is

11  prohibited. However, this subsection does not preclude a

12  natural person from bringing an action against a firearms or

13  ammunition manufacturer, firearms trade association, firearms

14  or ammunition distributor, or firearms or ammunition dealer

15  for breach of a written contract, breach of an express

16  warranty, or injuries resulting from a defect in the

17  materials, workmanship in the manufacture of, or failure to

18  supply a trigger lock for a firearm or ammunition. Nothing

19  herein is intended to require the concomitant manufacture,

20  distribution, or sell of trigger locks in conjunction with

21  ammunition, but solely in conjunction with firearms.

22         (3)  A county, municipality, special district, or other

23  political subdivision or agency of the state may not sue for

24  or recover from a firearms or ammunition manufacturer,

25  firearms trade association, firearms or ammunition

26  distributor, or firearms or ammunition dealer damages,

27  abatement, or injunctive relief in any case that arises out of

28  or results from the lawful design, marketing, distribution, or

29  sale of firearms concomitant with trigger locks, or ammunition

30  to the public.

31         (4)  This section does not prohibit an action against a

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                                                  SENATE AMENDMENT

    Bill No. SB 412

    Amendment No. ___   Barcode 755000





  1  firearms or ammunition manufacturer, distributor, or dealer

  2  for:

  3         (a)  Breach of contract or warranty in connection with

  4  a firearm or ammunition purchased by a county, municipality,

  5  special district, or other political subdivision or agency of

  6  the state.

  7         (b)  Injuries resulting from the malfunction of a

  8  firearm or ammunition due to a defect in design or

  9  manufacture.

10         (c)  The distribution or sale of firearms without a

11  concomitant distribution or sale of a trigger lock mechanism.

12         (5)(a)  For the purposes of this section, the potential

13  of a firearm or ammunition to cause serious injury, damage, or

14  death as a result of normal function does not constitute a

15  defective condition of the product.

16         (b)  A firearm or ammunition may not be deemed

17  defective on the basis of its potential to cause serious

18  injury, damage, or death when discharged legally or illegally.

19         (6)(a)  If a civil action is brought in violation of

20  this section, the defendant may recover all expenses resulting

21  from such action from the governmental entity bringing such

22  action.

23         (b)  In any civil action where the court finds that the

24  defendant is immune as provided in this section, the court

25  shall award the defendant all attorney's fees, costs and

26  compensation for loss of income, and expenses incurred as a

27  result of such action.

28         (7)  This section applies to any action brought on or

29  after the effective date of this section.

30         Section 2.  This act shall take effect upon becoming a

31  law.

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                                                  SENATE AMENDMENT

    Bill No. SB 412

    Amendment No. ___   Barcode 755000





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

  2  And the title is amended as follows:

  3         On page 1, lines 5-19, delete those lines

  4

  5  and insert:

  6         distribution, and sale of firearms concomitant

  7         with trigger locks, and ammunition; prohibiting

  8         civil actions on behalf of the state or other

  9         political subdivision against manufacturers,

10         distributors, and dealers of firearms or

11         ammunition and firearms trade associations;

12         specifying that the act does not preclude an

13         action by a person for breach of a contract or

14         warranty or for injuries resulting from a

15         defect in the manufacture of firearms or

16         ammunition; providing for actions by the state

17         or other political subdivision for breach of

18         contract or warranty; providing for actions for

19         injuries resulting from defects in design or

20         manufacture; providing for actions against for

21         failure to supply trigger locks concomitantly

22         with firearms; providing that the potential of

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