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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title XXV
AVIATION
Chapter 331
AVIATION AND AEROSPACE FACILITIES AND COMMERCE
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F.S. 331.501
331.501 Spaceflight; informed consent.
(1) For purposes of this section, the term:
(a) “Crew” has the same meaning as defined in 51 U.S.C. s. 50902.
(b) “Participant” means a spaceflight participant as defined in 51 U.S.C. s. 50902.
(c) “Spaceflight activities” means launch services or reentry services as those terms are defined in 51 U.S.C. s. 50902 as well as activities occurring between launch and landing.
(d) “Spaceflight entity” means a public or private entity holding a United States Federal Aviation Administration launch, reentry, operator, or launch site license for spaceflight activities or which is otherwise authorized by the United States Government to conduct spaceflight activities. The term also includes a manufacturer or supplier of spaceflight components, services, or vehicles.
(2)(a) Except as provided in paragraph (b), a spaceflight entity is not liable for injury to or death of a participant or crew resulting from spaceflight activities so long as the warning contained in subsection (3) is distributed and signed as required. Except as provided in paragraph (b), a participant, participant’s representative, crew, or crew’s representative may not maintain an action against or recover from a spaceflight entity for the loss, damage, or death of the participant or crew resulting exclusively from spaceflight activities.
(b) Paragraph (a) does not prevent or limit the liability of a spaceflight entity if the spaceflight entity does any of the following:
1. Commits an act or omission that constitutes gross negligence or willful or wanton disregard for the safety of the participant or crew, which act or omission proximately causes injury, damage, or death to the participant or crew;
2. Has actual knowledge of an extraordinarily dangerous condition that is not inherent in spaceflight activities and the danger proximately causes injury, damage, or death to the participant or crew; or
3. Intentionally injures the participant or crew.
(c) Any limitation on legal liability afforded by this subsection to a spaceflight entity is in addition to any other limitation of legal liability otherwise provided by law.
(3)(a) Every spaceflight entity providing spaceflight activities, whether such activities occur on or off a launch site, shall have each participant or crew sign the warning statement specified in paragraph (b).
(b) The warning statement described in paragraph (a) must contain, at a minimum, the following statement:

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 spaceflight activity. Injuries caused by 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.

(c) Failure to comply with the warning statement requirements in this section shall prevent a spaceflight entity from invoking the privileges of immunity provided by this section.
History.s. 1, ch. 2008-180; s. 1, ch. 2011-153; s. 2, ch. 2021-197; s. 1, ch. 2023-139.