| 1 | A bill to be entitled |
| 2 | An act relating to the liability of spaceflight entities; |
| 3 | amending s. 331.501, F.S.; revising the definition of the |
| 4 | term "spaceflight entity" to include certain manufacturers |
| 5 | and suppliers for purposes of specified provisions for |
| 6 | immunity from liability; saving a provision from future |
| 7 | repeal which provides spaceflight entities with immunity |
| 8 | from liability for the loss, damage, or death of a |
| 9 | participant resulting from the inherent risks of |
| 10 | spaceflight activities; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 331.501, Florida Statutes, is amended |
| 15 | to read: |
| 16 | 331.501 Spaceflight; informed consent.- |
| 17 | (1) For purposes of this section, the term: |
| 18 | (a) "Participant" means any spaceflight participant as |
| 19 | that term is defined in 49 U.S.C. s. 70102. |
| 20 | (b) "Spaceflight activities" means launch services or |
| 21 | reentry services as those terms are defined in 49 U.S.C. s. |
| 22 | 70102. |
| 23 | (c) "Spaceflight entity" means any public or private |
| 24 | entity holding a United States Federal Aviation Administration |
| 25 | launch, reentry, operator, or launch site license for |
| 26 | spaceflight activities. The term also includes any manufacturer |
| 27 | or supplier of components, services, or vehicles that have been |
| 28 | reviewed by the United States Federal Aviation Administration as |
| 29 | part of issuing such a license, permit, or authorization. |
| 30 | (2)(a) Except as provided in paragraph (b), a spaceflight |
| 31 | entity is not liable for injury to or death of a participant |
| 32 | resulting from the inherent risks of spaceflight activities so |
| 33 | long as the warning contained in subsection (3) is distributed |
| 34 | and signed as required. Except as provided in paragraph (b), a |
| 35 | participant or participant's representative may not maintain an |
| 36 | action against or recover from a spaceflight entity for the |
| 37 | loss, damage, or death of the participant resulting exclusively |
| 38 | from any of the inherent risks of spaceflight activities. |
| 39 | (b) Paragraph (a) does not prevent or limit the liability |
| 40 | of a spaceflight entity if the spaceflight entity does any one |
| 41 | or more of the following: |
| 42 | 1. Commits an act or omission that constitutes gross |
| 43 | negligence or willful or wanton disregard for the safety of the |
| 44 | participant and that act or omission proximately causes injury, |
| 45 | damage, or death to the participant; |
| 46 | 2. Has actual knowledge or reasonably should have known of |
| 47 | a dangerous condition on the land or in the facilities or |
| 48 | equipment used in the spaceflight activities and the danger |
| 49 | proximately causes injury, damage, or death to the participant; |
| 50 | or |
| 51 | 3. Intentionally injures the participant. |
| 52 | (c) Any limitation on legal liability afforded by this |
| 53 | subsection to a spaceflight entity is in addition to any other |
| 54 | limitation of legal liability otherwise provided by law. |
| 55 | (3)(a) Every spaceflight entity providing spaceflight |
| 56 | activities to a participant, whether such activities occur on or |
| 57 | off the site of a facility capable of launching a suborbital |
| 58 | flight, shall have each participant sign the warning statement |
| 59 | specified in paragraph (b). |
| 60 | (b) The warning statement described in paragraph (a) shall |
| 61 | contain, at a minimum, the following statement: |
| 62 |
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| 63 | "WARNING: Under Florida law, there is no liability for |
| 64 | an injury to or death of a participant in a |
| 65 | spaceflight activity provided by a spaceflight entity |
| 66 | if such injury or death results from the inherent |
| 67 | risks of the spaceflight activity. Injuries caused by |
| 68 | the inherent risks of spaceflight activities may |
| 69 | include, among others, injury to land, equipment, |
| 70 | persons, and animals, as well as the potential for you |
| 71 | to act in a negligent manner that may contribute to |
| 72 | your injury or death. You are assuming the risk of |
| 73 | participating in this spaceflight activity." |
| 74 |
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| 75 | (c) Failure to comply with the warning statement |
| 76 | requirements in this section shall prevent a spaceflight entity |
| 77 | from invoking the privileges of immunity provided by this |
| 78 | section. |
| 79 | (4) This section expires October 2, 2018, unless reviewed |
| 80 | and saved from repeal through reenactment by the Legislature. |
| 81 | Section 2. This act shall take effect July 1, 2011. |