Florida Enlarges Liability Protections for Private Spaceflights
Florida’s legislature passed “An Act Relating to Spaceflight Entity Liability” (SB 1318 / HB 839), effective July 1, 2023, which modifies and enlarges liability protections for companies engaged in private spaceflight.
Key changes include:
1. Crew included: Previously, the law limited immunity only for “spaceflight participants” (non-crew, non-government astronauts). The new law extends those liability shields also to “crew” members (e.g., employees or contractors performing tasks tied to launches or reentries) provided they sign a required warning/waiver.
2. Broader definition of spaceflight entity & activities: The law expands which entities are covered (including manufacturers and suppliers of components, services, or vehicles, even if the FAA hasn’t formally reviewed those parts) and expands “spaceflight activities” to include all activity from launch to landing (not just during formal launch or reentry).
3. Tighter exceptions to liability protection: The immunity protections are not absolute. Under the new Act, a spaceflight entity can lose immunity only if (i) it commits gross negligence or willful or wanton disregard for safety, (ii) has actual knowledge of an “extraordinarily dangerous condition” that is not inherent to spaceflight activities (and that condition leads to injury), or (iii) intentionally injures the participant or crew. Importantly, “reasonable knowledge” is replaced with “actual knowledge,” and “inherent risks” language is tightened.
4. Warning / informed consent required: To get the protection, the participant or crew member must be given (and sign) a warning statement. The warning must satisfy statutory content requirements.
