FL H0197

Creates section 768.1258, Florida Statutes, establishing liability protections for manufacturers, sellers, and suppliers of qualified portable consumer fuel containers that meet American Society for Testing and Materials (ASTM) standards F852-08, F839-06, F2517-09, F926-07, or F976-08.

Immunizes manufacturers, sellers, and suppliers from liability for injury, death, or loss arising from misuse of qualified fuel containers, including using containers to apply fuel for igniting or accelerating fires.

Exceptions to liability immunity apply if the manufacturer, seller, or supplier intentionally misbranded the container or knowingly violated state or federal law, and either action was the predominate proximate cause of the injury, death, or loss.

Prevailing parties on motions to dismiss under this liability protection may recover reasonable attorney fees and costs incurred in connection with the motion to dismiss.

Effective date: July 1, 2014.