FL S0330

Creates section 768.1258, F.S. to provide immunity from liability for manufacturers, sellers, and suppliers of qualified portable consumer fuel containers for injuries, deaths, or losses arising from misuse of the containers.

Defines "qualified portable consumer fuel container" as a portable fuel container tested and certified by an independent, accredited testing agency in compliance with ASTM standards (F852-08, F839-06, F2517-09, F926-07, or F976-08) and applicable state and federal mandates.

Defines "misuse" as use inconsistent with container specifications, contrary to manufacturer instructions or warnings, or deemed improper by federal or state safety agencies, including using the container to apply fuel for starting or accelerating fires.

Provides exceptions to immunity if the manufacturer, seller, or supplier intentionally misbranded the container or knowingly violated state or federal law, and such action was the predominate proximate cause of the injury or loss.

Awards reasonable attorney fees and costs to parties that prevail on motions to dismiss actions brought under this section; effective date July 1, 2013.