HB 839 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to spaceflight entity liability; 2
amending s. 331.501, F.S.; defining the term "crew"; 3
exempting a spaceflight entity from liability for 4
injury to or death of a crew resulting from the 5
inherent risks of spaceflight activities under certain 6
circumstances; providing exceptions; providing 7
construction; requiring a spaceflight entity to have a 8
crew sign a specified warning statement; revoking 9
immunity privileges for a noncompliant spaceflight 10
entity; providing an effective date. 11
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Be It Enacted by the Legislature of the State of Florida: 13
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Section 1. Section 331.501, Florida Statutes, is amended 15
to read: 16
331.501 Spaceflight; informed con sent.— 17
(1) For purposes of this section, the term: 18
(a) "Crew" means a crew as that term is defined in 51 19
U.S.C. s. 50902. 20
(b)(a) "Participant" means a any spaceflight participant 21
as 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
HB 839 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(d)(c) "Spaceflight entity" means a any public or private 26
entity holding a United States Federal Aviation Administration 27
launch, reentry, operator, or l aunch 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 follo wing: 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
HB 839 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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) shall 66
contain, at a minimum, the following statement: 67
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"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, person s, and 74
animals, as well as the potential for you to act in a negligent 75
HB 839 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
manner that may contribute to your injury or death. You are 76
assuming the risk of participating in this spaceflight 77
activity." 78
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(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. 84