Florida Senate - 2023                                    SB 1318
       
       
        
       By Senator Wright
       
       
       
       
       
       8-01133-23                                            20231318__
    1                        A bill to be entitled                      
    2         An act relating to spaceflight entity liability;
    3         amending s. 331.501, F.S.; defining the term “crew”;
    4         exempting a spaceflight entity from liability for
    5         injury to or death of a crew resulting from the
    6         inherent risks of spaceflight activities under certain
    7         circumstances; providing exceptions; providing
    8         construction; requiring a spaceflight entity to have a
    9         crew sign a specified warning statement; revoking
   10         immunity privileges for a noncompliant spaceflight
   11         entity; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 331.501, Florida Statutes, is amended to
   16  read:
   17         331.501 Spaceflight; informed consent.—
   18         (1) For purposes of this section, the term:
   19         (a) “Crew” means a crew as defined in 51 U.S.C. s. 50902.
   20         (b)(a) “Participant” means a any spaceflight participant as
   21  that term is defined in 51 U.S.C. s. 50902.
   22         (c)(b) “Spaceflight activities” means launch services or
   23  reentry services as those terms are defined in 51 U.S.C. s.
   24  50902.
   25         (d)(c) “Spaceflight entity” means a any public or private
   26  entity holding a United States Federal Aviation Administration
   27  launch, reentry, operator, or launch site license for
   28  spaceflight activities. The term also includes a any
   29  manufacturer or supplier of components, services, or vehicles
   30  that have been reviewed by the United States Federal Aviation
   31  Administration as part of issuing such a license, permit, or
   32  authorization.
   33         (2)(a) Except as provided in paragraph (b), a spaceflight
   34  entity is not liable for injury to or death of a participant or
   35  crew resulting from the inherent risks of spaceflight activities
   36  so long as the warning contained in subsection (3) is
   37  distributed and signed as required. Except as provided in
   38  paragraph (b), a participant, or participant’s representative,
   39  crew, or crew’s representative may not maintain an action
   40  against or recover from a spaceflight entity for the loss,
   41  damage, or death of the participant or crew resulting
   42  exclusively from any of the inherent risks of spaceflight
   43  activities.
   44         (b) Paragraph (a) does not prevent or limit the liability
   45  of a spaceflight entity if the spaceflight entity does any one
   46  or more of the following:
   47         1. Commits an act or omission that constitutes gross
   48  negligence or willful or wanton disregard for the safety of the
   49  participant or crew, which and that act or omission proximately
   50  causes injury, damage, or death to the participant or crew;
   51         2. Has actual knowledge or reasonably should have known of
   52  a dangerous condition on the land or in the facilities or
   53  equipment used in the spaceflight activities, which and the
   54  danger proximately causes injury, damage, or death to the
   55  participant or crew; or
   56         3. Intentionally injures the participant or crew.
   57         (c) Any limitation on legal liability afforded by this
   58  subsection to a spaceflight entity is in addition to any other
   59  limitation of legal liability otherwise provided by law.
   60         (3)(a) Every spaceflight entity providing spaceflight
   61  activities to a participant or crew, whether such activities
   62  occur on or off the site of a facility capable of launching a
   63  suborbital flight, shall have each participant or crew sign the
   64  warning statement specified in paragraph (b).
   65         (b) The warning statement described in paragraph (a) must
   66  shall contain, at a minimum, the following statement:
   67  
   68  “WARNING: Under Florida law, there is no liability for an injury
   69  to or death of a participant or crew in a spaceflight activity
   70  provided by a spaceflight entity if such injury or death results
   71  from the inherent risks of the spaceflight activity. Injuries
   72  caused by the inherent risks of spaceflight activities may
   73  include, among others, injury to land, equipment, persons, and
   74  animals, as well as the potential for you to act in a negligent
   75  manner that may contribute to your injury or death. You are
   76  assuming the risk of participating in this spaceflight
   77  activity.”
   78  
   79         (c) Failure to comply with the warning statement
   80  requirements in this section shall prevent a spaceflight entity
   81  from invoking the privileges of immunity provided by this
   82  section.
   83         Section 2. This act shall take effect July 1, 2023.