Florida Senate - 2009                                    SB 1864
       
       
       
       By Senator Baker
       
       
       
       
       20-01675A-09                                          20091864__
    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
    4         legislative findings and intent; exempting airport
    5         authorities and other entities from penalties,
    6         restrictions, liabilities, or sanctions with respect
    7         to authorized action taken to protect human life or
    8         aircraft from wildlife hazards; defining the term
    9         “authorized action taken for the purpose of protecting
   10         human life or aircraft safety from wildlife hazards”;
   11         providing that such actions prevail over certain other
   12         regulations, permits, comprehensive plans, and laws;
   13         providing immunity from penalties with respect to
   14         authorized action for certain individuals; providing
   15         an effective date.
   16         
   17  Be It Enacted by the Legislature of the State of Florida:
   18         
   19         Section 1. This act may be cited as “The Airline Safety and
   20  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 permit or
   24  other authorization for depredation or harassment.—
   25         (1) The Legislature finds and declares that the ability of
   26  airports to manage wildlife hazards in a manner consistent with
   27  state and federal law is necessary to prevent jeopardy to human
   28  life or aircraft safety. It is the intent of the Legislature
   29  that actions taken by airports within the scope of
   30  authorizations to manage wildlife for such purposes not be
   31  subject to penalties, restrictions, liabilities, or sanctions
   32  and that such authorizations not be superseded by actions of
   33  other state or local agencies.
   34         (2) Notwithstanding any other provision of law to the
   35  contrary, an airport authority or other entity owning or
   36  operating an airport is not subject to any administrative,
   37  civil, or criminal penalty, restriction, liability, or other
   38  sanction with respect to any authorized action taken for the
   39  purpose of protecting human life or aircraft safety from
   40  wildlife hazards.
   41         (3) For purposes of this section, an “authorized action
   42  taken for the purpose of protecting human life or aircraft
   43  safety from wildlife hazards” is an action authorized by or
   44  within the scope of any of the following:
   45         (a) The airport’s wildlife hazard management plan, as
   46  approved by the Federal Aviation Administration.
   47         (b) A depredation permit issued by the United States Fish
   48  and Wildlife Service.
   49         (c) A standing order of the United States Fish and Wildlife
   50  Service.
   51         (d) Rule 68A-9.010(4) or rule 68A-27.002, Florida
   52  Administrative Code, or a permit authorizing the harassment of
   53  wildlife issued by the Fish and Wildlife Conservation
   54  Commission.
   55         (4) If an action authorized under subsection (3) conflicts
   56  or appears to conflict with a development permit, land
   57  development regulation, local comprehensive plan, or other
   58  environmental or land-use law, rule, restriction, or
   59  requirement, the authorization described in subsection (3) shall
   60  prevail.
   61         (5) In addition to applying to the airport authority or
   62  other owner or operator of the airport, the immunities conferred
   63  by this section also apply to any officer, employee, contractor,
   64  or employee of a contractor of the airport authority or other
   65  owner or operator of the airport, or any member of the airport's
   66  governing body, to the extent that the actions of the officer,
   67  employee, contractor, contractor’s employee, or member are
   68  authorized by or within the scope of one or more of the legal
   69  authorities described in subsection (3).
   70         Section 3. This act shall take effect upon becoming a law.