This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0839.CJS
DATE: 3/7/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 839 Spaceflight Entity Liability
SPONSOR(S): Sirois
TIED BILLS: IDEN./SIM. BILLS: SB 1318
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee Loyed Jones
2) Transportation & Modals Subcommittee
3) Judiciary Committee
SUMMARY ANALYSIS
Under s. 331.501, F.S., a spaceflight entity is not liable for the injury to or death of a spaceflight participant
resulting from the inherent risks of spaceflight activities, so long as a required warning form is given to and
signed by the participant. The immunity from liability granted to the spaceflight entity by a participant signing
such a waiver does not apply if the spaceflight entity:
Commits an act or omission that constitutes gross negligence or willful or wanton disregard for the
safety of the participant which proximately causes the injury or death of the participant;
Has actual knowledge or reasonably should have known of a dangerous condition on the land or in the
facilities or equipment used in the spaceflight activities which proximately causes the injury or death of
the participant; or
Intentionally injures the participant.
HB 839 extends the limited immunity from liability held by spaceflight entities to also include crew members
who sign the waiver provided for in s. 331.501, F.S.
The bill will have no fiscal impact on state and local governments.
The bill provides an effective date of July 1, 2023.
STORAGE NAME: h0839.CJS PAGE: 2
DATE: 3/7/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Current Florida law shields a public or private spaceflight entity
1
from liability for ordinary negligence
towards any “participant”—meaning a non-crew member abord a space flight
2
—as long as the
participant signs a specified warning statement advising of such liability limitation.
3
To take advantage
of this limited civil liability shield, the spaceflight entity must provide to the participant the following
boilerplate warning statement and have the participant sign the warning statement:
4
WARNING: Under Florida law, there is no liability for an injury to or death of a participant
or crew in a spaceflight activity provided by a spaceflight entity if such injury or death
results from the inherent risks of the spaceflight activity. Injuries caused by the inherent
risks of spaceflight activities may include, among others, injury to land, equipment,
persons, and animals, as well as the potential for you to act in a negligent manner that
may contribute to your injury or death. You are assuming the risk of participating in this
spaceflight activity.
5
However, even if a participant signs the warning statement, the limited civil liability shield does
not protect the spaceflight entity if the spaceflight entity does any of the following:
Commits an act or omission that constitutes gross negligence or willful or wanton disregard for
the safety of the participant which proximately causes the injury or death of the participant.
Has actual knowledge or reasonably should have known of a dangerous condition on the land
or in the facilities or equipment used in the spaceflight activities which proximately causes the
injury or death of the participant.
Intentionally injures the participant.
6
Effect of Proposed Changes
HB 839 amends s. 331.501, F.S., to extend the liability immunity held by spaceflight entities towards
spaceflight participants to include crew members who sign the warning statement provided for in law.
The bill defines “crew” as that term is defined in federal law, which includes “any employee of a
licensee or transferee, or of a contractor or subcontractor of a licensee or transferee, who performs
activities in the course of that employment directly relating to the launch, reentry, or other operation of
or in a launch vehicle or reentry vehicle that carries human beings.”
7
The bill provides an effective date of July 1, 2023.
B. SECTION DIRECTORY:
Section 1: Amends s. 331.501, F.S., relating to spaceflight; informed consent.
Section 2: Provides an effective date of July 1, 2023.
1
A “spaceflight entity” is a public or private entity holding a United States Federal Aviation Administration launch, reentry, operator, or
launch site license for spaceflight activities; the term also includes any manufacturer or supplier of components, services, or vehicles that
have been reviewed by the United States Federal Aviation Administration as part of issuing such a license, permit, or authorization.
2
A spaceflight “participant” is defined as the term is defined in 51 U.S.C. s. 50902, which includes “an individual, who is not crew or a
government astronaut, carried within a launch vehicle or reentry vehicle.”
3
S. 331.501, F.S.
4
S. 331.501(3), F.S.
5
S. 331.501(3)(b), F.S.
6
S. 331.501(2)(b), F.S.
7
51 U.S.C. s. 50902. STORAGE NAME: h0839.CJS PAGE: 3
DATE: 3/7/2023
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill would grant limited civil liability immunity to a spaceflight entity for injury to or death of a crew
member resulting from the inherent risks of spaceflight launch activities, as long as the required
warning is given to and signed by the crew member. This bill has the potential to limit the cost of
litigation to businesses engaging in spaceflight activities.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES