| 1 | The Committee on Judiciary recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to immunity from civil liability; creating |
| 7 | s. 768.37, F.S.; providing to certain entities immunity |
| 8 | from civil liability for personal injury or wrongful death |
| 9 | based upon long-term consumption of certain foods or |
| 10 | nonalcoholic beverages under certain circumstances; |
| 11 | providing application; providing a limitation on immunity; |
| 12 | providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Section 768.37, Florida Statutes, is created to |
| 17 | read: |
| 18 | 768.37 Limitation on civil liability arising from long- |
| 19 | term consumption of food and nonalcoholic beverages.--No |
| 20 | manufacturer, distributor, or seller of foods or nonalcoholic |
| 21 | beverages intended for human consumption shall be subject to |
| 22 | civil liability for personal injury or wrongful death to the |
| 23 | extent such liability is premised upon a person's weight gain or |
| 24 | obesity, or a health condition related to weight gain or |
| 25 | obesity, resulting from the person's long-term consumption of |
| 26 | such foods or nonalcoholic beverages. For purposes of this |
| 27 | section, the term "long-term" means the cumulative effect of |
| 28 | multiple instances over a period of time and not the effect of a |
| 29 | single or isolated instance. Such limitation on civil liability |
| 30 | shall not bar a claim under any other provision of law against a |
| 31 | manufacturer, distributor, or seller of foods or nonalcoholic |
| 32 | beverages if such manufacturer, distributor, or seller has |
| 33 | failed to provide nutritional content information as required by |
| 34 | any applicable state or federal law or regulation, or has |
| 35 | provided materially false or misleading information to the |
| 36 | public in any form. |
| 37 | Section 2. This act shall take effect upon becoming a law |
| 38 | and shall apply to all claims filed on or after the effective |
| 39 | date. |