Florida Senate - 2020                                     SB 896
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-01024-20                                            2020896__
    1                        A bill to be entitled                      
    2         An act relating to product liability actions; creating
    3         s. 768.1258, F.S.; defining the term “product seller”;
    4         providing that the doctrine of strict liability does
    5         not apply to a product seller in a product liability
    6         action; providing applicability; providing an
    7         effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 768.1258, Florida Statutes, is created
   12  to read:
   13         768.1258 Application of strict liability in product
   14  liability actions.—
   15         (1) As used in this section, the term “product seller”
   16  means a person who, in the course of a business, leases or sells
   17  and distributes; installs; prepares; blends; packages; labels;
   18  markets; assembles pursuant to a manufacturer’s plan, intention,
   19  design, specifications, or formulation; repairs; or maintains a
   20  product or is otherwise involved in placing a product in the
   21  stream of commerce. The term does not include a manufacturer of
   22  a product, even if any other action taken by the manufacturer
   23  related to the product is included in this definition.
   24         (2) In a product liability action, the doctrine of strict
   25  liability does not apply to a person who is a product seller.
   26         (3) This section does not grant a cause of action in strict
   27  liability in tort or any other legal theory or affect the right
   28  of any person to seek and obtain indemnity or contribution.
   29         Section 2. This act applies to causes of action accruing on
   30  or after July 1, 2020.
   31         Section 3. This act shall take effect July 1, 2020.