Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 1864
Barcode 455194
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/21/2009 .
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The Committee on Judiciary (Baker) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. This act may be cited as the “Airline Safety and
6 Wildlife Protection Act of Florida.”
7 Section 2. Section 379.2293, Florida Statutes, is created
8 to read:
9 379.2293 Airport activities within the scope of a federally
10 approved wildlife hazard management plan or a federal or state
11 permit or other authorization for depredation or harassment.—
12 (1) The Legislature finds and declares that the ability of
13 airports to manage wildlife hazards in a manner consistent with
14 state and federal law is necessary to prevent jeopardy to human
15 life or aircraft safety. It is the intent of the Legislature
16 that actions taken by airports within the scope of
17 authorizations to manage wildlife for such purposes not be
18 subject to penalties, restrictions, liabilities, or sanctions
19 and that such authorizations not be superseded by actions of
20 other state or local agencies.
21 (2) Notwithstanding any other provision of law to the
22 contrary, an airport authority or other entity owning or
23 operating an airport, as defined in s. 330.27(2), is not subject
24 to any administrative, civil, or criminal penalty, restriction,
25 liability, or other sanction with respect to any authorized
26 action taken for the purpose of protecting human life or
27 aircraft safety from wildlife hazards.
28 (3)(a) For purposes of this section, the term “authorized
29 action taken for the purpose of protecting human life or
30 aircraft safety from wildlife hazards” is an action authorized
31 by or within the scope of any of the following:
32 1. The airport’s wildlife hazard management plan, as
33 approved by the Federal Aviation Administration.
34 2. A depredation permit issued by the United States Fish
35 and Wildlife Service.
36 3. A standing order of the United States Fish and Wildlife
37 Service.
38 4. Rule 68A-9.010(4) or rule 68A-27.002, Florida
39 Administrative Code, or a permit authorizing the harassment of
40 wildlife issued by the Fish and Wildlife Conservation
41 Commission.
42 (b) An authorized action taken for the purpose of
43 protecting human life or aircraft safety from wildlife hazards
44 does not include:
45 1. Dredging or filling of wetlands or other surface waters
46 or alteration of a stormwater management system, unless
47 authorized by a permit issued under part IV of chapter 373 or an
48 emergency order under chapter 373. However, such a permit or
49 emergency order is not required before the activity if the
50 airport authority or other entity, as described in subsection
51 (2), determines that an emergency condition exists which
52 requires immediate action to protect human life and the airport
53 authority or other entity obtains the appropriate permit under
54 part IV of chapter 373 within 1 year after conducting the
55 emergency action.
56 2. Trespass on lands not owned or leased by the airport
57 authority or other entity referred to in subsection (2).
58 (4) If an authorized action taken for the purpose of
59 protecting human life or aircraft safety from wildlife hazards
60 as defined in subsection (3) conflicts or appears to conflict
61 with a development permit, land development regulation, local
62 comprehensive plan, or other environmental or land-use law,
63 rule, restriction, or requirement, the authorization described
64 in subsection (3) shall prevail.
65 (5) In addition to applying to the airport authority or
66 other owner or operator of the airport, the immunities conferred
67 by this section also apply to any officer, employee, contractor,
68 or employee of a contractor of the airport authority or other
69 owner or operator of the airport, or any member of the airport’s
70 governing body, to the extent that the actions of the officer,
71 employee, contractor, contractor’s employee, or member are
72 authorized by or within the scope of one or more of the legal
73 authorities described in subsection (3).
74 (6) This section does not provide immunity from liability
75 for intentional or negligent torts and does not affect the
76 waiver of sovereign immunity under s. 768.28.
77 Section 3. This act shall take effect upon becoming a law.
78
79 ================= T I T L E A M E N D M E N T ================
80 And the title is amended as follows:
81 Delete everything before the enacting clause
82 and insert:
83 A bill to be entitled
84 An act relating to aircraft safety; providing a short
85 title; creating s. 379.2293, F.S.; providing
86 legislative findings and intent; exempting airport
87 authorities and other entities from penalties,
88 restrictions, liabilities, or sanctions with respect
89 to authorized actions taken to protect human life or
90 aircraft from wildlife hazards; defining the term
91 “authorized action taken for the purpose of protecting
92 human life or aircraft safety from wildlife hazards”;
93 providing that federal or state authorizations for
94 such actions prevail over certain other regulations,
95 permits, comprehensive plans, and laws; providing
96 immunity from penalties with respect to authorized
97 action for certain individuals; providing exceptions;
98 providing an effective date.