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.

24  

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

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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  

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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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