S 1748

Florida Senate - 2026  CS for SB 1748
By the Committee on Judiciary; and Senator Trumbull
590-02739-26  20261748c1
1A bill to be entitled
2An act relating to evidence in civil actions relating
3to firearms; creating s. 790.3315, F.S.; defining
4terms; providing that the absence of certain
5mechanisms or features may not be used as evidence of
6a defective product design, negligence, a duty to
7warn, strict liability, or evidence to support similar
8claims; providing construction; providing
9applicability; providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13Section 1. Section 790.3315, Florida Statutes, is created
14to read:
15790.3315Evidence in certain civil actions relating to
16firearms.—
17(1)As used in this section, the term:
18(a)“Authorized user recognition technology” means a
19mechanism, device, or technology applied to a firearm which
20prevents an unauthorized user from firing the firearm.
21(b)“External manual safety” means a manually operated
22mechanism that, when engaged, blocks the trigger from
23functioning.
24(c)“Firearm” has the same meaning as in s. 790.001.
25(d)“Loaded chamber indicator” means a mechanism or feature
26intended to indicate to the firearm user that a cartridge is in
27the firing chamber of the firearm.
28(e)“Magazine disconnect mechanism” means a mechanism that
29prevents a semiautomatic firearm from firing when the detachable
30magazine is not fully inserted in the firearm.
31(2)For purposes of a product liability action involving a
32firearm, evidence of a defective product design, negligence, a
33duty to warn, strict liability, or evidence to support similar
34claims may not include the absence of any of the following
35mechanisms or features:
36(a)An authorized user recognition technology.
37(b)An external mechanical safety, including, but not
38limited 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
42function as a mechanism or feature described in paragraphs (a)
43(d).
44(3) This section may not be construed to limit liability
45for a firearm manufacturer in cases where the claimant
46establishes that the firearm contained an actual manufacturing
47or design defect or failed to operate in a manner consistent
48with the manufacturer’s express warranty or representations.
49(4)This section applies to causes of action accruing on or
50after July 1, 2026.
51Section 2. This act shall take effect July 1, 2026.