| 1 | A bill to be entitled |
| 2 | An act relating to airline travel; requiring that, upon |
| 3 | the cancellation or delay of a flight by more than 1 hour, |
| 4 | the airline honor the purchaser's ticket at a later date |
| 5 | or reimburse the purchaser the cost of the ticket and pay |
| 6 | the purchaser an amount equal to the airline's flight- |
| 7 | change penalty fee; providing for certain specified |
| 8 | exceptions for canceled or delayed flights; defining the |
| 9 | term "terrorist threat"; providing for additional |
| 10 | remedies; providing for an award of damages, costs, and |
| 11 | attorney's fees; providing that an airline violating the |
| 12 | act more than once within a calendar year commits a |
| 13 | misdemeanor of the second degree; providing penalties; |
| 14 | providing that there is no expiration date for an airline |
| 15 | ticket issued anywhere in the world for an airline flight |
| 16 | originating in this state; requiring an airline to accept |
| 17 | a nonrefundable ticket under certain circumstances; |
| 18 | authorizing on airline to charge a transfer fee; providing |
| 19 | an exception; requiring airlines to notify passengers when |
| 20 | a previously delayed or canceled flight is reinstated; |
| 21 | providing penalties for the failure to do so; requiring |
| 22 | airlines to provide specific amenities to on-board |
| 23 | passengers whose flights are delayed more than 3 hours; |
| 24 | requiring airlines to provide specific notice of |
| 25 | passengers' rights; providing an effective date. |
| 26 |
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| 27 | Be It Enacted by the Legislature of the State of Florida: |
| 28 |
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| 29 | Section 1. (1) An airline that cancels a flight or delays |
| 30 | a flight by more than 1 hour must honor a purchaser's ticket at |
| 31 | a later date or reimburse the purchaser the cost of the ticket |
| 32 | and pay the purchaser an amount equal to the airline's flight- |
| 33 | change penalty fee. The reimbursement for the ticket and payment |
| 34 | of the flight-change fee is in addition to any other remedy the |
| 35 | ticket purchaser may have against the airline. |
| 36 | (2) Subsection (1) does not apply if the flight delay or |
| 37 | cancellation is caused by: |
| 38 | (a) Inclement weather; |
| 39 | (b) An immediate terrorist threat; |
| 40 | (c) International conditions that are not related to |
| 41 | terrorism, including riots, civil unrest, embargoes, or war; or |
| 42 | (d) A condition outside the control of the airline. |
| 43 | (3) The term "terrorist threat" means a threat of a |
| 44 | violent act or threat of an act that is dangerous to human life, |
| 45 | that is a violation of the criminal laws of this state or of the |
| 46 | United States, and that is intended to: |
| 47 | (a) Intimidate, injure, or coerce a civilian population; |
| 48 | (b) Influence the policy of a government by intimidation |
| 49 | or coercion; or |
| 50 | (c) Affect the conduct of a government through destruction |
| 51 | of property, assassination, murder, kidnapping, or aircraft |
| 52 | piracy. |
| 53 | (4) In addition to any other penalties or remedies |
| 54 | provided by law, a person aggrieved by a knowing and willful |
| 55 | violation of this section may bring a civil action against the |
| 56 | airline for the recovery of actual and consequential damages, |
| 57 | court costs, and reasonable attorney's fees. |
| 58 | (5) An airline that violates this section more than one |
| 59 | time within a calendar year commits a misdemeanor of the second |
| 60 | degree, punishable as provided in s. 775.082 or s. 775.083, |
| 61 | Florida Statutes. |
| 62 | Section 2. (1) There is no expiration date for an airline |
| 63 | ticket issued anywhere in the world for an airline flight |
| 64 | originating in this state. |
| 65 | (2) If the airline ticket is nonrefundable and the ticket |
| 66 | purchaser is unable to use the ticket, the airline must allow |
| 67 | the ticket to be transferred to another person. The airline may |
| 68 | charge the purchaser a processing fee of 25 percent of the |
| 69 | original ticket price or $50, whichever is less. A ticket |
| 70 | purchaser may not transfer a ticket if the ticket purchaser |
| 71 | missed the flight due to his or her fault. |
| 72 | Section 3. If a flight that is delayed subsequently |
| 73 | reverts to the original schedule and the airline does not notify |
| 74 | the passengers of the status change, the airline shall reimburse |
| 75 | the ticket price, plus an amount equal to the airline's flight- |
| 76 | change fee, to any passenger who does not receive notice of the |
| 77 | reinstated flight. |
| 78 | Section 4. (1) If airline passengers are delayed more |
| 79 | than 3 hours prior to takeoff after boarding an aircraft, the |
| 80 | carrier shall provide the passengers with: |
| 81 | (a) Electric generation service to provide temporary power |
| 82 | for air conditioning and lights; |
| 83 | (b) Waste removal service for the on-board restroom |
| 84 | holding tanks; and |
| 85 | (c) Adequate food, water, and other refreshments. |
| 86 | (2) Carriers shall provide consumer complaint contact |
| 87 | information on documents provided to passengers or signs posted |
| 88 | at service desks and other appropriate areas in its respective |
| 89 | areas of airports. The notice shall contain the following |
| 90 | information: |
| 91 | (a) The telephone number, electronic mail address, and |
| 92 | mailing address of the Aviation Consumer Protection Division of |
| 93 | the Office of Aviation Enforcement of the United States |
| 94 | Department of Transportation; and |
| 95 | (b) An explanation of the rights of airline passengers |
| 96 | provided by this act. |
| 97 | Section 5. This act shall take effect July 1, 2008. |