HB 703

1	A bill to be entitled
2	An act relating to the liability of spaceflight entities;
3	amending s. 331.501, F.S.; saving a provision from future
4	repeal which provides spaceflight entities with immunity
5	from liability for the loss, damage, or death of a
6	participant resulting from the inherent risks of
7	spaceflight activities; providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Section 331.501, Florida Statutes, is amended
12	to read:
13	331.501  Spaceflight; informed consent.-
14	(1)  For purposes of this section, the term:
15	(a)  "Participant" means any spaceflight participant as
16	that term is defined in 49 U.S.C. s. 70102.
17	(b)  "Spaceflight activities" means launch services or
18	reentry services as those terms are defined in 49 U.S.C. s.
19	70102.
20	(c)  "Spaceflight entity" means any public or private
21	entity holding a United States Federal Aviation Administration
22	launch, reentry, operator, or launch site license for
23	spaceflight activities.
24	(2)(a)  Except as provided in paragraph (b), a spaceflight
25	entity is not liable for injury to or death of a participant
26	resulting from the inherent risks of spaceflight activities so
27	long as the warning contained in subsection (3) is distributed
28	and signed as required. Except as provided in paragraph (b), a
29	participant or participant's representative may not maintain an
30	action against or recover from a spaceflight entity for the
31	loss, damage, or death of the participant resulting exclusively
32	from any of the inherent risks of spaceflight activities.
33	(b)  Paragraph (a) does not prevent or limit the liability
34	of a spaceflight entity if the spaceflight entity does any one
35	or more of the following:
36	1.  Commits an act or omission that constitutes gross
37	negligence or willful or wanton disregard for the safety of the
38	participant and that act or omission proximately causes injury,
39	damage, or death to the participant;
40	2.  Has actual knowledge or reasonably should have known of
41	a dangerous condition on the land or in the facilities or
42	equipment used in the spaceflight activities and the danger
43	proximately causes injury, damage, or death to the participant;
44	or
45	3.  Intentionally injures the participant.
46	(c)  Any limitation on legal liability afforded by this
47	subsection to a spaceflight entity is in addition to any other
48	limitation of legal liability otherwise provided by law.
49	(3)(a)  Every spaceflight entity providing spaceflight
50	activities to a participant, whether such activities occur on or
51	off the site of a facility capable of launching a suborbital
52	flight, shall have each participant sign the warning statement
53	specified in paragraph (b).
54	(b)  The warning statement described in paragraph (a) shall
55	contain, at a minimum, the following statement:
56
57	"WARNING: Under Florida law, there is no liability for
58	an injury to or death of a participant in a
59	spaceflight activity provided by a spaceflight entity
60	if such injury or death results from the inherent
61	risks of the spaceflight activity. Injuries caused by
62	the inherent risks of spaceflight activities may
63	include, among others, injury to land, equipment,
64	persons, and animals, as well as the potential for you
65	to act in a negligent manner that may contribute to
66	your injury or death. You are assuming the risk of
67	participating in this spaceflight activity."
68
69	(c)  Failure to comply with the warning statement
70	requirements in this section shall prevent a spaceflight entity
71	from invoking the privileges of immunity provided by this
72	section.
73	(4)  This section expires October 2, 2018, unless reviewed
74	and saved from repeal through reenactment by the Legislature.
75	Section 2.  This act shall take effect July 1, 2011.

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