Florida Senate - 2026                             CS for SB 1748
       
       
        
       By the Committee on Judiciary; and Senator Trumbull
       
       
       
       
       
       590-02739-26                                          20261748c1
    1                        A bill to be entitled                      
    2         An act relating to evidence in civil actions relating
    3         to firearms; creating s. 790.3315, F.S.; defining
    4         terms; providing that the absence of certain
    5         mechanisms or features may not be used as evidence of
    6         a defective product design, negligence, a duty to
    7         warn, strict liability, or evidence to support similar
    8         claims; providing construction; providing
    9         applicability; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 790.3315, Florida Statutes, is created
   14  to read:
   15         790.3315 Evidence in certain civil actions relating to
   16  firearms.—
   17         (1) As used in this section, the term:
   18         (a) “Authorized user recognition technology” means a
   19  mechanism, device, or technology applied to a firearm which
   20  prevents an unauthorized user from firing the firearm.
   21         (b) “External manual safety” means a manually operated
   22  mechanism that, when engaged, blocks the trigger from
   23  functioning.
   24         (c) “Firearm” has the same meaning as in s. 790.001.
   25         (d) “Loaded chamber indicator” means a mechanism or feature
   26  intended to indicate to the firearm user that a cartridge is in
   27  the firing chamber of the firearm.
   28         (e) “Magazine disconnect mechanism” means a mechanism that
   29  prevents a semiautomatic firearm from firing when the detachable
   30  magazine is not fully inserted in the firearm.
   31         (2) For purposes of a product liability action involving a
   32  firearm, evidence of a defective product design, negligence, a
   33  duty to warn, strict liability, or evidence to support similar
   34  claims may not include the absence of any of the following
   35  mechanisms or features:
   36         (a) An authorized user recognition technology.
   37         (b) An external mechanical safety, including, but not
   38  limited to, a hinged, pivoting, or tabbed trigger safety.
   39         (c) A loaded chamber indicator.
   40         (d) A magazine disconnect mechanism.
   41         (e) Any mechanism or feature that would perform the same
   42  function as a mechanism or feature described in paragraphs (a)
   43  (d).
   44         (3) This section may not be construed to limit liability
   45  for a firearm manufacturer in cases where the claimant
   46  establishes that the firearm contained an actual manufacturing
   47  or design defect or failed to operate in a manner consistent
   48  with the manufacturer’s express warranty or representations.
   49         (4) This section applies to causes of action accruing on or
   50  after July 1, 2026.
   51         Section 2. This act shall take effect July 1, 2026.