| 1 | Representative Gaetz offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 33-74 and insert: |
| 5 | or property damage, injury, or death suffered by any other |
| 6 | person resulting from the inherent risks of spaceflight |
| 7 | activities, manufacturing activities, or supplying activities so |
| 8 | long as the warning contained in subsection (3) is published in |
| 9 | a newspaper of general circulation in the locality where the |
| 10 | spaceflight entity has its principal place of business and is |
| 11 | distributed to and signed by the spaceflight participants as |
| 12 | required. Except as provided in paragraph (b), a participant, a |
| 13 | or participant's representative, or any other person may not |
| 14 | maintain an action against or recover from a spaceflight entity |
| 15 | for the loss, damage, or death of the participant or other |
| 16 | person resulting exclusively from any of the inherent risks of |
| 17 | spaceflight activities, manufacturing activities, or supplying |
| 18 | activities. |
| 19 | (b) Paragraph (a) does not prevent or limit the liability |
| 20 | of a spaceflight entity if the spaceflight entity does any one |
| 21 | or more of the following: |
| 22 | 1. Commits an act or omission that constitutes gross |
| 23 | negligence or willful or wanton disregard for the safety of the |
| 24 | participant or other person and that act or omission proximately |
| 25 | causes injury, damage, or death to the participant or other |
| 26 | person; |
| 27 | 2. Has actual knowledge or reasonably should have known of |
| 28 | a dangerous condition on the land or in the facilities or |
| 29 | equipment used in the spaceflight activities and the danger |
| 30 | proximately causes injury, damage, or death to the participant |
| 31 | or other person; or |
| 32 | 3. Intentionally injures the participant or other person. |
| 33 | (c) Any limitation on legal liability afforded by this |
| 34 | subsection to a spaceflight entity is in addition to any other |
| 35 | limitation of legal liability otherwise provided by law. |
| 36 | (3)(a) Every spaceflight entity providing spaceflight |
| 37 | activities to a participant, whether such activities occur on or |
| 38 | off the site of a facility capable of launching a suborbital |
| 39 | flight, shall have each participant sign the warning statement |
| 40 | specified in paragraph (b). |
| 41 | (b) The warning statement described in paragraph (a) shall |
| 42 | contain, at a minimum, the following statement: |
| 43 |
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| 44 | "WARNING: Under Florida law, there is no liability for |
| 45 | an injury to or death of a participant in a |
| 46 | spaceflight activity provided by a spaceflight entity |
| 47 | or for property damage, injury, or death suffered by |
| 48 | any other person arising out of the spaceflight |
| 49 | activity, manufacturing activity, or supplying |
| 50 | activity of a spaceflight entity as defined by law, if |
| 51 | such property damage, injury, or death results from |
| 52 | the inherent risks of the spaceflight activity, |
| 53 | manufacturing activity, or supplying activity. |
| 54 | Injuries caused by the inherent risks of spaceflight |
| 55 | activities, manufacturing activities, or supplying |
| 56 | activities may include, among others, injury to land, |
| 57 | equipment, persons, and animals, as well as the |
| 58 | potential for a participant in a spaceflight activity, |
| 59 | manufacturing activity, or supplying activity or other |
| 60 | person you to act in a negligent manner that may |
| 61 | contribute to the participant's or the other person's |
| 62 | own your injury or death. A participant in spaceflight |
| 63 | activity or other person assumes You are assuming the |
| 64 | risk of participating in or exposure to this |
| 65 | spaceflight activities, manufacturing activities, or |
| 66 | supplying activities activity." |
| 67 |
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| 68 |
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| 69 | ----------------------------------------------------- |
| 70 | T I T L E A M E N D M E N T |
| 71 | Between lines 6 and 7, insert: |
| 72 | providing immunity from liability for injury to or death |
| 73 | of certain participants in manufacturing and supplying |
| 74 | activities related to spaceflight if the spaceflight |
| 75 | entity is in compliance with specified informed consent; |
| 76 | providing exceptions; |