Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 1864
Barcode 886490
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/21/2009 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Judiciary (Constantine) 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19 and that such authorizations not be superseded by actions of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) An airport authority or other entity owning or
22 operating an airport, as defined in s. 330.27(2), is not subject
23 to any administrative or civil penalty, restriction, or other
24 sanction with respect to any authorized action taken in a non
25 negligent manner for the purpose of protecting human life or
26 aircraft safety from wildlife hazards.
27 (3)(a) For purposes of this section, an “authorized action
28 taken for the purpose of protecting human life or aircraft
29 safety from wildlife hazards” is an action authorized by or
30 within the scope of any of the following:
31 1. The airport’s wildlife hazard management plan, as
32 approved by the Federal Aviation Administration.
33 2. A depredation permit issued by the United States Fish
34 and Wildlife Service.
35 3. A standing order of the United States Fish and
36 Wildlife Service.
37 4. Rule 68A-9.010(4) or rule 68A-27.002, Florida
38 Administrative Code, or a permit authorizing the harassment
39 of wildlife issued by the Fish and Wildlife Conservation
40 Commission.
41 (b) The term “authorized action taken for the purpose of
42 protecting human life or aircraft safety from wildlife hazards”
43 does not include:
44 1. Dredging or filling of wetlands or other surface waters
45 or alteration of a stormwater management system, unless
46 authorized by and performed in compliance with, a permit issued
47 under part IV of chapter 373 or an emergency order under chapter
48 373. However, such a permit or emergency order is not required
49 prior to the activity when the airport authority or other entity
50 described in subsection (2) determines that an emergency
51 condition exists which requires immediate action to protect
52 human life and the airport authority or other entity described
53 in subsection (2) obtains the appropriate permit under part IV
54 of chapter 373 within one year after conducting the emergency
55 action.
56 2. Trespass on lands or unauthorized interference with an
57 easement not owned or leased by the airport authority or other
58 entity referred to in subsection (2).
59 (4) If an authorized action taken for the purpose of
60 protecting human life or aircraft safety from wildlife hazards
61 as defined in subsection (3) conflicts or appears to conflict
62 with a development permit, land development regulation, local
63 comprehensive plan, or other environmental or land-use law,
64 rule, restriction, or requirement, the authorization described
65 in subsection (3) shall prevail.
66 (5) In addition to applying to the airport authority or
67 other owner or operator of the airport, the immunities conferred
68 by this section also apply to any officer, employee, contractor,
69 or employee of a contractor of the airport authority or other
70 owner or operator of the airport, or any member of the airport’s
71 governing body, to the extent that the actions of the officer,
72 employee, contractor, contractor s employee, or member are
73 authorized by or within the scope of one or more of the legal
74 authorities described in subsection (3).
75 (6) Nothing in this section is intended to provide immunity
76 from liability with respect to intentional or negligent torts,
77 and nothing in this section is intended to affect the waiver of
78 sovereign immunity under s. 768.28.
79 Section 3. This act shall take effect upon becoming a law.
80
81
82 ================= T I T L E A M E N D M E N T ================
83 And the title is amended as follows:
84 Delete everything before the enacting clause
85 and insert:
86 A bill to be entitled
87 An act relating to aircraft safety; providing a short title;
88 creating s. 379.2293, F.S.; providing legislative findings and
89 intent; exempting airport authorities and other entities from
90 penalties, restrictions, or sanctions with respect to authorized
91 actions taken to protect human life or aircraft from wildlife
92 hazards; defining the term authorized action taken for the
93 purpose of protecting human life or aircraft safety from
94 wildlife hazards ; providing that federal or state
95 authorizations for such actions prevail over certain other
96 regulations, permits, comprehensive plans, and laws; providing
97 immunity from penalties with respect to authorized action for
98 certain individuals; providing exceptions; providing an
99 effective date.