Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for HB 347
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/27/2024           .                                
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       The Committee on Rules (Book) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (7) is added to section 487.081,
    6  Florida Statutes, to read:
    7         487.081 Exemptions.—
    8         (7)(a) A products liability action, including a failure to
    9  warn, may not be brought or maintained against an applicator of
   10  pesticides unless:
   11         1. The applicator exercised substantial control over an
   12  aspect of the design, testing, manufacture, or labeling of the
   13  product alleged to have caused the harm for which recovery of
   14  damages is sought;
   15         2. The applicator altered or modified the product, and the
   16  alteration or modification was a legal cause of the alleged harm
   17  for which recovery of damages is sought;
   18         3. The applicator handled, used, or applied the product in
   19  a manner inconsistent with the product label, and such action or
   20  failure to warn was a legal cause of the alleged harm for which
   21  recovery of damages is sought;
   22         4. The applicator engaged in some other negligent act
   23  relating to the pesticide, and such negligence was a legal cause
   24  of the alleged harm for which the recovery of damages is sought;
   25  or
   26         5. The manufacturer of a product alleged to have caused the
   27  harm for which recovery of damages is sought is not subject to
   28  personal jurisdiction in this state.
   29         (b) This subsection applies only to pesticides as defined
   30  in s. 487.021.
   31         Section 2. This act shall take effect July 1, 2024.
   32  
   33  ================= T I T L E  A M E N D M E N T ================
   34  And the title is amended as follows:
   35         Delete everything before the enacting clause
   36  and insert:
   37                        A bill to be entitled                      
   38         An act relating to exemptions from products liability
   39         actions; amending s. 487.081, F.S.; specifying
   40         circumstances under which products liability actions
   41         may be brought or maintained against applicators of
   42         pesticides; providing applicability; providing an
   43         effective date.