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A bill to be entitled

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An act relating to airline travel; requiring that, upon

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the cancellation or delay of a flight by more than 1 hour,

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the airline honor the purchaser's ticket at a later date

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or reimburse the purchaser the cost of the ticket and pay

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the purchaser an amount equal to the airline's flight-

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change penalty fee; providing for certain specified

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exceptions for canceled or delayed flights; defining the

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term "terrorist threat"; providing for additional

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remedies; providing for an award of damages, costs, and

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attorney's fees; providing that an airline violating the

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act more than once within a calendar year commits a

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misdemeanor of the second degree; providing penalties;

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providing that there is no expiration date for an airline

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ticket issued anywhere in the world for an airline flight

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originating in this state; requiring an airline to accept

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a nonrefundable ticket under certain circumstances;

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authorizing an airline to charge a transfer fee; providing

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an exception; requiring airlines to notify passengers when

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a previously delayed or canceled flight is reinstated;

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providing penalties for the failure to do so; requiring

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airlines to provide specific amenities to on-board

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passengers whose flights are delayed more than 3 hours;

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requiring airlines to provide specific notice of

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passengers' rights; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. (1) An airline that cancels a flight or delays

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a flight by more than 1 hour must honor a purchaser's ticket at a

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later date or reimburse the purchaser the cost of the ticket and

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pay the purchaser an amount equal to the airline's flight-change

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penalty fee. The reimbursement for the ticket and payment of the

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flight-change fee is in addition to any other remedy the ticket

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purchaser may have against the airline.

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     (2) Subsection (1) does not apply if the flight delay or

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cancellation is caused by:

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     (a) Inclement weather;

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     (b) An immediate terrorist threat;

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     (c) International conditions that are not related to

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terrorism, including riots, civil unrest, embargoes, or war; or

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     (d) A condition outside the control of the airline.

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     (3) The term "terrorist threat" means a threat of a violent

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act or threat of an act that is dangerous to human life, that is

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a violation of the criminal laws of this state or of the United

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States, and that is intended to:

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     (a) Intimidate, injure, or coerce a civilian population;

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     (b) Influence the policy of a government by intimidation or

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coercion; or

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     (c) Affect the conduct of a government through destruction

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of property, assassination, murder, kidnapping, or aircraft

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piracy.

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     (4) In addition to any other penalties or remedies provided

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by law, a person aggrieved by a knowing and willful violation of

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this section may bring a civil action against the airline for the

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recovery of actual and consequential damages, court costs, and

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reasonable attorney's fees.

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     (5) An airline that violates this section more than one

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time within a calendar year commits a misdemeanor of the second

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degree, punishable as provided in s. 775.082 or s. 775.083,

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Florida Statutes.

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     Section 2. (1) There is no expiration date for an airline

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ticket issued anywhere in the world for an airline flight

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originating in this state.

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     (2) If the airline ticket is nonrefundable and the ticket

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purchaser is unable to use the ticket, the airline must allow the

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ticket to be transferred to another person. The airline may

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charge the purchaser a processing fee of 25 percent of the

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original ticket price or $50, whichever is less. A ticket

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purchaser may not transfer a ticket if the ticket purchaser

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missed the flight due to his or her fault.

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     Section 3. If a flight that is delayed subsequently reverts

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to the original schedule and the airline does not notify the

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passengers of the status change, the airline shall reimburse the

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ticket price, plus an amount equal to the airline's flight-change

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fee, to any passenger who does not receive notice of the

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reinstated flight.

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     Section 4. (1) If airline passengers are delayed more than

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3 hours prior to takeoff after boarding an aircraft, the carrier

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shall provide the passengers with:

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     (a) Electric generation service to provide temporary power

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for air conditioning and lights;

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     (b) Waste removal service for the on-board restroom holding

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tanks; and

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     (c) Adequate food, water, and other refreshments.

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     (2) Carriers shall provide consumer complaint contact

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information on documents provided to passengers or signs posted

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at service desks and other appropriate areas in its respective

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areas of airports. The notice shall contain the following

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information:

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     (a) The telephone number, electronic mail address, and

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mailing address of the Aviation Consumer Protection Division of

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the Office of Aviation Enforcement of the United States

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Department of Transportation; and

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     (b) An explanation of the rights of airline passengers

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provided by this act.

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     Section 5.  This act shall take effect July 1, 2008.