FL
Florida House Bill H0347

Florida 2024 Regular Session

Florida House Bill H0347 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 exemptions from products liability 2
1616 actions; amending s. 487.081, F.S.; specifying 3
1717 circumstances under which products liability actions 4
18-may not be brought against agricultural employers, 5
19-distributors, dealers, or applicators; providing 6
20-applicability; providing an effective date. 7
21- 8
22-Be It Enacted by the Legislature of the State of Florida: 9
23- 10
24- Section 1. Subsection (7) is added to section 487.0 81, 11
25-Florida Statutes, to read: 12
26- 487.081 Exemptions. — 13
27- (7) A products liability action, including a failure to 14
28-warn, may not be brought or maintained against any agricultural 15
29-employer as defined in s. 487.2031, or any distributor, dealer, 16
30-or applicator unless: 17
31- (a) The agricultural employer, distributor, dealer, or 18
32-applicator exercised substantial control over the aspect of the 19
33-design, testing, manufacture, or labeling of the product that 20
34-caused the alleged harm for which recovery of damages is sought; 21
35- (b) The agricultural employer, distributor, dealer, or 22
36-applicator altered or modified the product and such alteration 23
37-or modification was a substantial factor in causing the alleged 24
38-harm for which recovery of damages is sought; 25
18+may not be brought against distributors, dealers, or 5
19+applicators; providing an effective date. 6
20+ 7
21+Be It Enacted by the Legislature of the State of Florida: 8
22+ 9
23+ Section 1. Subsection (7) is added to section 487.081, 10
24+Florida Statutes, to read: 11
25+ 487.081 Exemptions.— 12
26+ (7) A products liability action, including a failure to 13
27+warn, may not be brought or maintained against any distributor, 14
28+dealer, or applicator unless: 15
29+ (a) The distributor, dealer, or applicator exercised 16
30+substantial control over the aspect of the d esign, testing, 17
31+manufacture, or labeling of the product that caused the alleged 18
32+harm for which recovery of damages is sought; 19
33+ (b) The distributor, dealer, or applicator altered or 20
34+modified the product, and the alteration or modification was a 21
35+substantial factor in causing the alleged harm for which 22
36+recovery of damages is sought; 23
37+ (c) The distributor, dealer, or applicator handled, used, 24
38+or applied the product in a manner inconsistent with the product 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- (c) The agricultural emp loyer, distributor, dealer, or 26
52-applicator handled, used, or applied the product in a manner 27
53-inconsistent with the product label and such action or failure 28
54-to warn caused the alleged harm for which recovery of damages is 29
55-sought; or 30
56- (d) The manufacturer of the product that caused the 31
57-alleged harm for which recovery of damages is sought is not 32
58-subject to the jurisdiction of this state. 33
59- 34
60-This subsection applies only to pesticides as defined in s. 35
61-487.021. 36
62- Section 2. This act shall take effect July 1, 2024. 37
51+label and that such action or failure to warn caused the alleged 26
52+harm for which recovery of damages is sought; or 27
53+ (d) The manufacturer of the product that caused the 28
54+alleged harm for which recovery of damages is sought is not 29
55+subject to the jurisdiction of this state. 30
56+ Section 2. This act shall take ef fect July 1, 2024. 31