FL
Florida House Bill H0839

Florida 2023 Regular Session

Florida House Bill H0839 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to spaceflight entity liability; 2
1616 amending s. 331.501, F.S.; providing and revising 3
17-definitions; revising provisions exempting a 4
18-spaceflight entity from liability for injury or death 5
19-resulting from spaceflight activities; providing 6
20-exceptions; providing construction; revising 7
21-provisions requiring the signing of a specified 8
22-warning statement; revoking immunity privileges for a 9
23-noncompliant spaceflight entity; providing an 10
24-effective date. 11
17+definitions; exempting a spaceflight entity from 4
18+liability for injury to or death of a crew resulting 5
19+from the inherent risks of spaceflight activities 6
20+under certain circumstances; providing exceptions; 7
21+providing construction; requiring a spaceflight entity 8
22+to have a crew sign a specified warning stateme nt; 9
23+revoking immunity privileges for a noncompliant 10
24+spaceflight entity; providing an effective date. 11
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2626 Be It Enacted by the Legislature of the State of Florida: 13
2727 14
2828 Section 1. Section 331.501, Florida Statutes, is amended 15
2929 to read: 16
3030 331.501 Spaceflight ; informed consent.— 17
3131 (1) For purposes of this section, the term: 18
32- (a) "Crew" means a crew or government astronauts as 19
33-defined in 51 U.S.C. s. 50902. 20
32+ (a) "Crew" means a crew or government astronauts as those 19
33+terms are defined in 51 U.S.C. s. 50902. 20
3434 (b)(a) "Participant" means a any spaceflight participant 21
3535 as that term is defined in 51 U.S.C. s. 50902. 22
3636 (c)(b) "Spaceflight activities" means launch services or 23
3737 reentry services as those terms are defined in 51 U.S.C. s. 24
38-50902, as well as activities occurring between launch and 25
38+50902. 25
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4747 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
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51-landing. 26
52- (d)(c) "Spaceflight entity" means a any public or private 27
53-entity that holds holding a United States Federal Aviation 28
54-Administration launch, reentry, operator, or launch site license 29
55-for spaceflight activities or is otherwise authorized by the 30
56-United States Government to conduct spaceflight activities . The 31
57-term also includes a any manufacturer or supplier of spaceflight 32
58-components, services, or vehicles that have been reviewed by the 33
59-United States Federal Aviation Administration as part of issuing 34
60-such a license, permit, or authorization . 35
61- (2)(a) Except as provided in paragraph (b), a spaceflight 36
62-entity is not liable for injury to or death of a participant or 37
63-crew resulting from the inherent risks of spaceflight activities 38
64-so long as the warning contained in subsection (3) is 39
65-distributed and signed as required. Except as provided in 40
66-paragraph (b), a participant , or participant's representative, 41
67-crew, or crew's representative may not maintain an action 42
68-against or recover from a spaceflight entity for the loss, 43
69-damage, or death of the participant or crew resulting 44
70-exclusively from any of the inherent risks of spaceflight 45
71-activities. 46
72- (b) Paragraph (a) does not prevent or limit the liability 47
73-of a spaceflight entity if the spaceflight entity does any one 48
74-or more of the following: 49
75- 1. Commits an act or omission that constitutes gross 50
51+ (d)(c) "Spaceflight entity" means a any public or private 26
52+entity that holds holding a United States Federal Av iation 27
53+Administration launch, reentry, operator, or launch site license 28
54+for spaceflight activities or that is otherwise authorized by 29
55+the United States Government to conduct spaceflight activities . 30
56+The term also includes a any manufacturer or supplier of 31
57+spaceflight components, services, or vehicles that have been 32
58+reviewed by the United States Federal Aviation Administration as 33
59+part of issuing such a license, permit, or authorization . 34
60+ (2)(a) Except as provided in paragraph (b), a spaceflight 35
61+entity is not liable for injury to or death of a participant or 36
62+crew resulting from the inherent risks of spaceflight activities 37
63+so long as the warning contained in subsection (3) is 38
64+distributed and signed as required. Except as provided in 39
65+paragraph (b), a participant , or participant's representative , 40
66+crew, or crew's representative may not maintain an action 41
67+against or recover from a spaceflight entity for the loss, 42
68+damage, or death of the participant or crew resulting 43
69+exclusively from any of the inherent risks of spac eflight 44
70+activities. 45
71+ (b) Paragraph (a) does not prevent or limit the liability 46
72+of a spaceflight entity if the spaceflight entity does any one 47
73+or more of the following: 48
74+ 1. Commits an act or omission that constitutes gross 49
75+negligence or willful or wanton disregard for the safety of the 50
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8484 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
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88-negligence or willful or wanton disregard for the safety of the 51
89-participant or crew, which and that act or omission proximately 52
90-causes injury, damage, or death to the participant or crew; 53
91- 2. Has actual knowledge or reasonably should have known of 54
92-an extraordinarily a dangerous condition that is not inherent on 55
93-the land or in the facilities or equipment used in the 56
94-spaceflight activities , which and the danger proximately causes 57
95-injury, damage, or death to the participant or crew; or 58
96- 3. Intentionally injures the participant or crew. 59
97- (c) Any limitation on legal liability afforded by this 60
98-subsection to a spaceflight entity is in addition to any other 61
99-limitation of legal liability otherwise provided by law. 62
100- (3)(a) Every spaceflight entity providing spaceflight 63
101-activities to a participant, whether such activities occur on or 64
102-off a launch the site of a facility capable of launching a 65
103-suborbital flight, shall have each participant or crew sign the 66
104-warning statement specified in paragraph (b). 67
105- (b) The warning statement described in paragraph (a) must 68
106-shall contain, at a minimum, the following statement: 69
107- 70
108-"WARNING: Under Florida law, there is no liability for an injury 71
109-to or death of a participant or crew in a spaceflight activity 72
110-provided by a spaceflight entity if such injury or death results 73
111-from the inherent risks of the spaceflight activity. Injuries 74
112-caused by the inherent risks of spaceflight activities may 75
88+participant or crew, which and that act or omission proximately 51
89+causes injury, damage, or death to the participant or crew; 52
90+ 2. Has actual knowledge or reasonably should have known of 53
91+an extraordinarily a dangerous condition that is not inherent on 54
92+the land or in the facilities or equipment used in the 55
93+spaceflight activities , which and the danger proximately causes 56
94+injury, damage, or death to the participant or crew; or 57
95+ 3. Intentionally injures the participant or crew. 58
96+ (c) Any limitation on legal liability afforded by this 59
97+subsection to a spaceflight entity is in addition to any other 60
98+limitation of legal liability otherwise provided by law. 61
99+ (3)(a) Every spaceflight entity providing spaceflight 62
100+activities to a participant or crew, whether such activities 63
101+occur on or off the site of a facility capable of launching a 64
102+suborbital flight, shall have each participant or crew sign the 65
103+warning statement specified in paragraph (b). 66
104+ (b) The warning state ment described in paragraph (a) must 67
105+shall contain, at a minimum, the following statement: 68
106+ 69
107+"WARNING: Under Florida law, there is no liability for an injury 70
108+to or death of a participant or crew in a spaceflight activity 71
109+provided by a spaceflight entity if such injury or death results 72
110+from the inherent risks of the spaceflight activity. Injuries 73
111+caused by the inherent risks of spaceflight activities may 74
112+include, among others, injury to land, equipment, persons, and 75
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121121 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
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125-include, among others, injury to land, equipment, persons, and 76
126-animals, as well as the potential for you to act in a negligent 77
127-manner that may contri bute to your injury or death. You are 78
128-assuming the risk of participating in this spaceflight 79
129-activity." 80
130- 81
131- (c) Failure to comply with the warning statement 82
132-requirements in this section shall prevent a spaceflight entity 83
133-from invoking the privileges of immu nity provided by this 84
134-section. 85
135- Section 2. This act shall take effect July 1, 2023. 86
125+animals, as well as the potential for you to act in a negligent 76
126+manner that may contribute to your injury or death. You are 77
127+assuming the risk of participating in this spaceflight 78
128+activity." 79
129+ 80
130+ (c) Failure to comply with the warning statement 81
131+requirements in this section shall prevent a spaceflight entity 82
132+from invoking the privileges of immunity provided by this 83
133+section. 84
134+ Section 2. This act shall take effect July 1, 2023. 85