| 1 | A bill to be entitled |
| 2 | An act relating to aircraft safety; providing a short |
| 3 | title; creating s. 379.2293, F.S.; providing legislative |
| 4 | findings and intent; exempting airport authorities and |
| 5 | other entities from penalties, restrictions, or sanctions |
| 6 | with respect to authorized actions taken to protect human |
| 7 | life or aircraft from wildlife hazards; defining the term |
| 8 | "authorized action taken for the purpose of protecting |
| 9 | human life or aircraft safety from wildlife hazards"; |
| 10 | providing that federal or state authorizations for such |
| 11 | actions prevail over certain other regulations, permits, |
| 12 | comprehensive plans, and laws; providing immunity from |
| 13 | penalties with respect to authorized action for certain |
| 14 | individuals; providing exceptions; providing an effective |
| 15 | date. |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
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| 19 | Section 1. This act may be cited as the "Airline Safety |
| 20 | and Wildlife Protection Act of Florida." |
| 21 | Section 2. Section 379.2293, Florida Statutes, is created |
| 22 | to read: |
| 23 | 379.2293 Airport activities within the scope of a |
| 24 | federally approved wildlife hazard management plan or a federal |
| 25 | or state permit or other authorization for depredation or |
| 26 | harassment.-- |
| 27 | (1) The Legislature finds and declares that the ability of |
| 28 | airports to manage wildlife hazards in a manner consistent with |
| 29 | state and federal law is necessary to prevent jeopardy to human |
| 30 | life or aircraft safety. It is the intent of the Legislature |
| 31 | that actions taken by airports within the scope of |
| 32 | authorizations to manage wildlife for such purposes not be |
| 33 | subject to penalties, restrictions, liabilities, or sanctions |
| 34 | and that such authorizations not be superseded by actions of |
| 35 | other state or local agencies. |
| 36 | (2) An airport authority or other entity owning or |
| 37 | operating an airport, as defined in s. 330.27(2), is not subject |
| 38 | to any administrative or civil penalty, restriction, or other |
| 39 | sanction with respect to any authorized action taken in a non- |
| 40 | negligent manner for the purpose of protecting human life or |
| 41 | aircraft safety from wildlife hazards. |
| 42 | (3)(a) For purposes of this section, an "authorized action |
| 43 | taken for the purpose of protecting human life or aircraft |
| 44 | safety from wildlife hazards" is an action authorized by or |
| 45 | within the scope of any of the following: |
| 46 | 1. The airport's wildlife hazard management plan, as |
| 47 | approved by the Federal Aviation Administration. |
| 48 | 2. A depredation permit issued by the United States Fish |
| 49 | and Wildlife Service. |
| 50 | 3. A standing order of the United States Fish and Wildlife |
| 51 | Service. |
| 52 | 4. Rule 68A-9.010(4) or rule 68A-27.002, Florida |
| 53 | Administrative Code, or a permit authorizing the harassment of |
| 54 | wildlife issued by the Fish and Wildlife Conservation |
| 55 | Commission. |
| 56 | (b) The term "authorized action taken for the purpose of |
| 57 | protecting human life or aircraft safety from wildlife hazards" |
| 58 | does not include: |
| 59 | 1. Dredging or filling of wetlands or other surface waters |
| 60 | or alteration of a stormwater management system, unless |
| 61 | authorized by and performed in compliance with a permit issued |
| 62 | under part IV of chapter 373 or an emergency order under chapter |
| 63 | 373. However, such a permit or emergency order is not required |
| 64 | prior to the activity when the airport authority or other entity |
| 65 | described in subsection (2) determines that an emergency |
| 66 | condition exists which requires immediate action to protect |
| 67 | human life and the airport authority or other entity described |
| 68 | in subsection (2) obtains the appropriate permit under part IV |
| 69 | of chapter 373 within one year after conducting the emergency |
| 70 | action. |
| 71 | 2. Trespass on lands or unauthorized interference with an |
| 72 | easement not owned or leased by the airport authority or other |
| 73 | entity referred to in subsection (2). |
| 74 | (4) If an authorized action taken for the purpose of |
| 75 | protecting human life or aircraft safety from wildlife hazards |
| 76 | as defined in subsection (3) conflicts or appears to conflict |
| 77 | with a development permit, land development regulation, local |
| 78 | comprehensive plan, or other environmental or land-use law, |
| 79 | rule, restriction, or requirement, the authorization described |
| 80 | in subsection (3) shall prevail. |
| 81 | (5) In addition to applying to the airport authority or |
| 82 | other owner or operator of the airport, the immunities conferred |
| 83 | by this section also apply to any officer, employee, contractor, |
| 84 | or employee of a contractor of the airport authority or other |
| 85 | owner or operator of the airport, or any member of the airport's |
| 86 | governing body, to the extent that the actions of the officer, |
| 87 | employee, contractor, contractor's employee, or member are |
| 88 | authorized by or within the scope of one or more of the legal |
| 89 | authorities described in subsection (3). |
| 90 | (6) Nothing in this section is intended to provide |
| 91 | immunity from liability with respect to intentional or negligent |
| 92 | torts, and nothing in this section is intended to affect the |
| 93 | waiver of sovereign immunity under s. 768.28. |
| 94 | Section 3. This act shall take effect upon becoming a law. |
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