Senate Bill sb0316
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Florida Senate - 2007 SB 316
By Senator Bennett
21-351-07
1 A bill to be entitled
2 An act relating to airline travel; requiring
3 that, upon the cancellation or delay of a
4 flight by more than 1 hour, the airline honor
5 the purchaser's ticket at a later date or
6 reimburse the purchaser the cost of the ticket
7 and pay the purchaser an amount equal to the
8 airline's flight-change penalty fee; providing
9 for certain specified exceptions for canceled
10 or delayed flights; defining the term
11 "terrorist threat"; providing for additional
12 remedies; providing for an award of damages,
13 costs, and attorney's fees; providing that an
14 airline violating the act more than once within
15 a calendar year commits a misdemeanor of the
16 second degree; providing penalties; providing
17 that there is no expiration date for an airline
18 ticket issued anywhere in the world for an
19 airline flight originating in this state;
20 requiring an airline to accept a nonrefundable
21 ticket under certain circumstances; authorizing
22 on airline to charge a transfer fee; providing
23 an exception; providing an effective date.
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25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. (1) If an airline cancels a flight or
28 delays a flight by more than 1 hour, the airline must honor
29 the purchaser's ticket at a later date or reimburse the
30 purchaser the cost of the ticket and pay the purchaser an
31 amount equal to the airline's flight-change penalty fee. The
1
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Florida Senate - 2007 SB 316
21-351-07
1 reimbursement for the ticket and payment of the flight-change
2 fee is in addition to any other remedy the ticket purchaser
3 may have against the airline.
4 (2) Subsection (1) does not apply if the flight delay
5 or cancellation is caused by:
6 (a) Inclement weather;
7 (b) An immediate terrorist threat;
8 (c) International conditions that are not related to
9 terrorism, including riots, civil unrest, embargoes, or war;
10 or
11 (d) A condition outside the control of the airline.
12 (3) The term "terrorist threat" means a threat of a
13 violent act or threat of an act that is dangerous to human
14 life, that is a violation of the criminal laws of this state
15 or of the United States, and that is intended to:
16 (a) Intimidate, injure, or coerce a civilian
17 population;
18 (b) Influence the policy of a government by
19 intimidation or coercion; or
20 (c) Affect the conduct of a government through
21 destruction of property, assassination, murder, kidnapping, or
22 aircraft piracy.
23 (4) In addition to any other penalties or remedies
24 provided by law, a person aggrieved by a knowing and willful
25 violation of this section may bring a civil action in a court
26 of competent jurisdiction against the airline for the recovery
27 of actual and consequential damages, court costs, and
28 reasonable attorney's fees.
29 (5) An airline that violates this section two or more
30 times within a calendar year commits a misdemeanor of the
31
2
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Florida Senate - 2007 SB 316
21-351-07
1 second degree, punishable as provided in s. 775.082 or s.
2 775.083.
3 Section 2. (1) There is no expiration date for an
4 airline ticket issued anywhere in the world for an airline
5 flight originating in this state.
6 (2) If the airline ticket is nonrefundable and the
7 ticket purchaser is unable to use the ticket, the airline must
8 allow the ticket to be transferred to another person. The
9 airline may charge the purchaser a processing fee of 25
10 percent of the original price of the ticket or $50, whichever
11 is less. A ticket purchaser may not transfer a ticket if the
12 ticket purchaser missed the flight due to the fault of the
13 purchaser.
14 Section 3. This act shall take effect July 1, 2007.
15
16 *****************************************
17 SENATE SUMMARY
18 Provides that if an airline cancels a flight or delays a
flight by more than 1 hour, the airline must honor the
19 purchaser's ticket at a later date or reimburse the
purchaser the cost of the ticket and pay the purchaser an
20 amount equal to the airline's flight-change penalty fee.
Provides for certain specified exceptions for canceled or
21 delayed flights. Provides that if an airline violates the
act more than once within a calendar year, it commits a
22 misdemeanor of the second degree. Provides that there is
no expiration date for an airline ticket issued anywhere
23 in the world for an airline flight originating in this
state. Requires an airline to accept a nonrefundable
24 ticket under certain circumstances. Permits the airline
to charge a transfer fee.
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CODING: Words stricken are deletions; words underlined are additions.