This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0839b.TMS
DATE: 3/20/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 839 Spaceflight Entity Liability
SPONSOR(S): Civil Justice Subcommittee, Sirois
TIED BILLS: IDEN./SIM. BILLS: SB 1318
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee 16 Y, 1 N, As CS Loyed Jones
2) Transportation & Modals Subcommittee Lewis Hinshelwood
3) Judiciary Committee
SUMMARY ANALYSIS
A “spaceflight entity” is a public or private entity that holds a United States Federal Aviation Administration
(“FAA”) launch, reentry, operator, or launch site license for spaceflight activities. The term also includes a
manufacturer or supplier of components, services, or vehicles that have been reviewed by the FAA as part of
issuing such a license, permit, or authorization.
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.
CS/HB 839:
Modifies the definition of “spaceflight entity” to:
o Include a public or private entity that is otherwise authorized by the United States Government
to conduct spaceflight activities;
o Specify that the manufacturers or suppliers covered under the definition are the manufacturers
and suppliers of “spaceflight components, services, or vehicles”; and
o Eliminate the requirement that the FAA must have reviewed such components, services, or
vehicles.
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.; and provide that an exception to the immunity
applies where the spaceflight entity knew or reasonably should have known of an extraordinarily
dangerous condition that is not inherent in spaceflight activities.
Defines “crew” as a crew or government astronauts as those terms are defined in 51 U.S.C. s. 50902.
The bill will have no fiscal impact on state and local governments.
The bill provides an effective date of July 1, 2023.
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DATE: 3/20/2023
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 aboard 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
CS/HB 839 amends s. 331.501, F.S., to:
Modify the definition of “spaceflight entity” to:
o Include a public or private entity that is otherwise authorized by the United States
Government to conduct spaceflight activities;
o Specify that the manufacturers or suppliers covered under the definition are the
manufacturers and suppliers of “spaceflight components, services, or vehicles”; and
o Eliminate the requirement that the FAA must have reviewed such components, services,
or vehicles.
Extend the liability immunity held by spaceflight entities against spaceflight participants to
include crew members who sign the warning statement provided for in law.
Change the exception to the liability immunity to allow suit only if the spaceflight entity:
o Commits an act or omission that constitutes gross negligence or willful or wanton
disregard for the safety of the participant or crew;
o Knew or reasonably should have known of an extraordinarily dangerous condition that is
not inherent in spaceflight activities; or
o Intentionally injures the participant or crew.
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. STORAGE NAME: h0839b.TMS PAGE: 3
DATE: 3/20/2023
Define “crew” as a crew or government astronauts as those terms are defined in 51 U.S.C. s.
50902. As used in the bill:
o “Crew” means 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
o “Government astronaut” means an individual who is:
Designated as such by the National Aeronautics and Space Administration;
Carried within a launch or reentry vehicle in the course of his or her employment;
and
Either an:
Employee of the United States Government, including the uniformed
services, engaged in the performance of a Federal function under
authority of law or an Executive act; or
International partner astronaut—that is, an individual designated, under
the International Space Station Intergovernmental Agreement by a
partner to that agreement other than the United States, as qualified to
serve as an International Space Station crew member.
8
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.
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:
7
51 U.S.C. s. 50902.
8
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DATE: 3/20/2023
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
On March 9, 2023, the Civil Justice Subcommittee adopted an amendment and reported the bill favorably
as a committee substitute. The amendment:
Modified the definitions of “spaceflight entity” and “crew.”
Changed the exception to the liability protection to provide that an entity may be liable if it knew or
reasonably should have known of an extraordinarily dangerous condition that is not inherent in
spaceflight activities.
This analysis is drafted to the committee substitute as passed by the Civil Justice Subcommittee.