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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; revising provisions exempting a 4
spaceflight entity from liability for injury or death 5
resulting from spaceflight activities; providing 6
exceptions; providing construction; revising 7
provisions requiring the signing of a specified 8
warning statement; revoking immunity privileges for a 9
noncompliant spaceflight entity; providing an 10
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 19
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, as well as activities occurring between launch and 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
landing. 26
(d)(c) "Spaceflight entity" means a any public or private 27
entity that holds holding a United States Federal Aviation 28
Administration launch, reentry, operator, or launch site license 29
for spaceflight activities or is otherwise authorized by the 30
United States Government to conduct spaceflight activities . The 31
term also includes a any manufacturer or supplier of spaceflight 32
components, services, or vehicles that have been reviewed by the 33
United States Federal Aviation Administration as part of issuing 34
such a license, permit, or authorization . 35
(2)(a) Except as provided in paragraph (b), a spaceflight 36
entity is not liable for injury to or death of a participant or 37
crew resulting from the inherent risks of spaceflight activities 38
so long as the warning contained in subsection (3) is 39
distributed and signed as required. Except as provided in 40
paragraph (b), a participant , or participant's representative, 41
crew, or crew's representative may not maintain an action 42
against or recover from a spaceflight entity for the loss, 43
damage, or death of the participant or crew resulting 44
exclusively from any of the inherent risks of spaceflight 45
activities. 46
(b) Paragraph (a) does not prevent or limit the liability 47
of a spaceflight entity if the spaceflight entity does any one 48
or more of the following: 49
1. Commits an act or omission that constitutes gross 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
negligence or willful or wanton disregard for the safety of the 51
participant or crew, which and that act or omission proximately 52
causes injury, damage, or death to the participant or crew; 53
2. Has actual knowledge or reasonably should have known of 54
an extraordinarily a dangerous condition that is not inherent on 55
the land or in the facilities or equipment used in the 56
spaceflight activities , which and the danger proximately causes 57
injury, damage, or death to the participant or crew; or 58
3. Intentionally injures the participant or crew. 59
(c) Any limitation on legal liability afforded by this 60
subsection to a spaceflight entity is in addition to any other 61
limitation of legal liability otherwise provided by law. 62
(3)(a) Every spaceflight entity providing spaceflight 63
activities to a participant, whether such activities occur on or 64
off a launch the site of a facility capable of launching a 65
suborbital flight, shall have each participant or crew sign the 66
warning statement specified in paragraph (b). 67
(b) The warning statement described in paragraph (a) must 68
shall contain, at a minimum, the following statement: 69
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"WARNING: Under Florida law, there is no liability for an injury 71
to or death of a participant or crew in a spaceflight activity 72
provided by a spaceflight entity if such injury or death results 73
from the inherent risks of the spaceflight activity. Injuries 74
caused by the inherent risks of spaceflight activities may 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
include, among others, injury to land, equipment, persons, and 76
animals, as well as the potential for you to act in a negligent 77
manner that may contri bute to your injury or death. You are 78
assuming the risk of participating in this spaceflight 79
activity." 80
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(c) Failure to comply with the warning statement 82
requirements in this section shall prevent a spaceflight entity 83
from invoking the privileges of immu nity provided by this 84
section. 85
Section 2. This act shall take effect July 1, 2023. 86