Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1318
       
       
       
       
       
       
                                Ì532346*Î532346                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Military and Veterans Affairs, Space, and
       Domestic Security (Wright) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 331.501, Florida Statutes, is amended to
    6  read:
    7         331.501 Spaceflight; informed consent.—
    8         (1) For purposes of this section, the term:
    9         (a)“Crew” means a crew or government astronauts as those
   10  terms are defined in 51 U.S.C. s. 50902.
   11         (b)(a) “Participant” means a any spaceflight participant as
   12  that term is defined in 51 U.S.C. s. 50902.
   13         (c)(b) “Spaceflight activities” means launch services or
   14  reentry services as those terms are defined in 51 U.S.C. s.
   15  50902 as well as activities occurring between launch and
   16  landing.
   17         (d)(c) “Spaceflight entity” means a any public or private
   18  entity holding a United States Federal Aviation Administration
   19  launch, reentry, operator, or launch site license for
   20  spaceflight activities or which is otherwise authorized by the
   21  United States Government to conduct spaceflight activities. The
   22  term also includes a any manufacturer or supplier of spaceflight
   23  components, services, or vehicles that have been reviewed by the
   24  United States Federal Aviation Administration as part of issuing
   25  such a license, permit, or authorization.
   26         (2)(a) Except as provided in paragraph (b), a spaceflight
   27  entity is not liable for injury to or death of a participant or
   28  crew resulting from the inherent risks of spaceflight activities
   29  so long as the warning contained in subsection (3) is
   30  distributed and signed as required. Except as provided in
   31  paragraph (b), a participant, or participant’s representative,
   32  crew, or crew’s representative may not maintain an action
   33  against or recover from a spaceflight entity for the loss,
   34  damage, or death of the participant or crew resulting
   35  exclusively from any of the inherent risks of spaceflight
   36  activities.
   37         (b) Paragraph (a) does not prevent or limit the liability
   38  of a spaceflight entity if the spaceflight entity does any one
   39  or more of the following:
   40         1. Commits an act or omission that constitutes gross
   41  negligence or willful or wanton disregard for the safety of the
   42  participant or crew, which and that act or omission proximately
   43  causes injury, damage, or death to the participant or crew;
   44         2. Has actual knowledge or reasonably should have known of
   45  an extraordinarily a dangerous condition that is not inherent in
   46  on the land or in the facilities or equipment used in the
   47  spaceflight activities and the danger proximately causes injury,
   48  damage, or death to the participant or crew; or
   49         3. Intentionally injures the participant or crew.
   50         (c) Any limitation on legal liability afforded by this
   51  subsection to a spaceflight entity is in addition to any other
   52  limitation of legal liability otherwise provided by law.
   53         (3)(a) Every spaceflight entity providing spaceflight
   54  activities to a participant, whether such activities occur on or
   55  off a launch the site of a facility capable of launching a
   56  suborbital flight, shall have each participant or crew sign the
   57  warning statement specified in paragraph (b).
   58         (b) The warning statement described in paragraph (a) must
   59  shall contain, at a minimum, the following statement:
   60  
   61         WARNING: Under Florida law, there is no liability for
   62         an injury to or death of a participant or crew in a
   63         spaceflight activity provided by a spaceflight entity
   64         if such injury or death results from the inherent
   65         risks of the spaceflight activity. Injuries caused by
   66         the inherent risks of spaceflight activities may
   67         include, among others, injury to land, equipment,
   68         persons, and animals, as well as the potential for you
   69         to act in a negligent manner that may contribute to
   70         your injury or death. You are assuming the risk of
   71         participating in this spaceflight activity.
   72  
   73         (c) Failure to comply with the warning statement
   74  requirements in this section shall prevent a spaceflight entity
   75  from invoking the privileges of immunity provided by this
   76  section.
   77         Section 2. This act shall take effect July 1, 2023.
   78  
   79  ================= T I T L E  A M E N D M E N T ================
   80  And the title is amended as follows:
   81         Delete everything before the enacting clause
   82  and insert:
   83                        A bill to be entitled                      
   84         An act relating to spaceflight entity liability;
   85         amending s. 331.501, F.S.; defining the term “crew”;
   86         revising definitions; exempting a spaceflight entity
   87         from liability for injury to or death of a crew
   88         resulting from spaceflight activities under certain
   89         circumstances; revising exceptions; requiring a
   90         spaceflight entity to have a crew sign a specified
   91         warning statement; revising the contents of the
   92         warning statement; providing an effective date.