CS/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.; providing and revising 3
definitions; exempting a spaceflight entity from 4
liability for injury to or death of a crew resulting 5
from the inherent risks of spaceflight activities 6
under certain circumstances; providing exceptions; 7
providing construction; requiring a spaceflight entity 8
to have a crew sign a specified warning stateme nt; 9
revoking immunity privileges for a noncompliant 10
spaceflight 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 consent.— 17
(1) For purposes of this section, the term: 18
(a) "Crew" means a crew or government astronauts as those 19
terms are defined in 51 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
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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 that holds holding a United States Federal Av iation 27
Administration launch, reentry, operator, or launch site license 28
for spaceflight activities or that is otherwise authorized by 29
the United States Government to conduct spaceflight activities . 30
The term also includes a any manufacturer or supplier of 31
spaceflight components, services, or vehicles that have been 32
reviewed by the United States Federal Aviation Administration as 33
part of issuing such a license, permit, or authorization . 34
(2)(a) Except as provided in paragraph (b), a spaceflight 35
entity is not liable for injury to or death of a participant or 36
crew resulting from the inherent risks of spaceflight activities 37
so long as the warning contained in subsection (3) is 38
distributed and signed as required. Except as provided in 39
paragraph (b), a participant , or participant's representative , 40
crew, or crew's representative may not maintain an action 41
against or recover from a spaceflight entity for the loss, 42
damage, or death of the participant or crew resulting 43
exclusively from any of the inherent risks of spac eflight 44
activities. 45
(b) Paragraph (a) does not prevent or limit the liability 46
of a spaceflight entity if the spaceflight entity does any one 47
or more of the following: 48
1. Commits an act or omission that constitutes gross 49
negligence or willful or wanton disregard for the safety of the 50
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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
participant or crew, which and that act or omission proximately 51
causes injury, damage, or death to the participant or crew; 52
2. Has actual knowledge or reasonably should have known of 53
an extraordinarily a dangerous condition that is not inherent on 54
the land or in the facilities or equipment used in the 55
spaceflight activities , which and the danger proximately causes 56
injury, damage, or death to the participant or crew; or 57
3. Intentionally injures the participant or crew. 58
(c) Any limitation on legal liability afforded by this 59
subsection to a spaceflight entity is in addition to any other 60
limitation of legal liability otherwise provided by law. 61
(3)(a) Every spaceflight entity providing spaceflight 62
activities to a participant or crew, whether such activities 63
occur on or off the site of a facility capable of launching a 64
suborbital flight, shall have each participant or crew sign the 65
warning statement specified in paragraph (b). 66
(b) The warning state ment described in paragraph (a) must 67
shall contain, at a minimum, the following statement: 68
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"WARNING: Under Florida law, there is no liability for an injury 70
to or death of a participant or crew in a spaceflight activity 71
provided by a spaceflight entity if such injury or death results 72
from the inherent risks of the spaceflight activity. Injuries 73
caused by the inherent risks of spaceflight activities may 74
include, among others, injury to land, equipment, persons, and 75
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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
animals, as well as the potential for you to act in a negligent 76
manner that may contribute to your injury or death. You are 77
assuming the risk of participating in this spaceflight 78
activity." 79
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(c) Failure to comply with the warning statement 81
requirements in this section shall prevent a spaceflight entity 82
from invoking the privileges of immunity provided by this 83
section. 84
Section 2. This act shall take effect July 1, 2023. 85