Read the full stored bill text
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.