Florida SB 1748: Child Welfare

Bill Text

1748 
Evidence in Civil Actions Relating to Firearms 
2026-02-11T09:29:58Z 
Providing that the absence of certain mechanisms or features may not be used as evidence of a defective product design, negligence, a duty to warn, strict liability, or evidence to support similar claims, etc. 
Committee Substitute 1 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
c1 

 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.