Florida Senate - 2026                                    SB 1748
       
       
        
       By Senator Trumbull
       
       
       
       
       
       2-01441A-26                                           20261748__
    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 an effective
    9         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  defect or failed to operate in a manner consistent with the
   48  manufacturer’s express warranty or representations.
   49         Section 2. This act shall take effect July 1, 2026.