HB 347 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0347-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to actions against public -use 2
airports; creating s. 332.15, F.S.; providing 3
definitions; providing exemption from civil liability 4
and criminal prosecution for an owner, operator, or 5
user of a public-use airport with respect to noise 6
pollution resulting from such operation or use; 7
providing exemption from a nuisance action for such 8
owner, operator, or user; prohibiting a court from 9
enjoining the use or operation of a public -use airport 10
on the basis of noise or noise pollution; prohibiting 11
an owner of certain property from maintaining a 12
nuisance action against an owner or operator of a 13
public-use airport; exempting a public -use airport 14
from specified rules; providing construction; 15
providing an effective date. 16
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Be It Enacted by the Legislature of the State of Florida: 18
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Section 1. Section 332.15, Florida Statutes, is created to 20
read: 21
332.15 Public-use airports; definitions; exemption from 22
liability, nuisance actions, and specified rules. — 23
(1) As used in this section, the term: 24
(a) "Airport" means an area of land or water, or a manmade 25
HB 347 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0347-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
object or facility located therein, whether publicly or 26
privately owned, which is used, or intended for pu blic use, for 27
the landing and takeoff of aircraft, and any appurtenant areas 28
which are used, or intended for public use, for airport 29
buildings or other airport facilities or rights -of-way. 30
(b) "Person" means an individual, corporation, 31
proprietorship, partnership, association, club, two or more 32
persons having a joint or common interest, or any other legal 33
entity. 34
(c) "Public-use airport" means a publicly or privately 35
owned airport which is used or to be used for public purposes. 36
(2) Notwithstanding an y other provision of law: 37
(a) A person who owns, operates, or uses a public -use 38
airport in this state is not subject to civil liability or 39
criminal prosecution in any matter relating to noise or noise 40
pollution that results from the operation or use of t he public-41
use airport. 42
(b) A person who owns, operates, or uses a public -use 43
airport is not subject to an action for nuisance, and a court of 44
this state may not enjoin the use or operation of a public -use 45
airport on the basis of noise or noise pollution. 46
(c) A person who acquires title to or owns real property 47
adversely affected by the operation or use of a permanently 48
located public-use airport, which property was acquired after 49
the time of construction or initial operation of the public -use 50
HB 347 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0347-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
airport, may not maintain a nuisance action against a person who 51
owns or operates the public -use airport to restrain, enjoin, or 52
impede the operation or use of the public -use airport. 53
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This subsection does not prohibit an action for negligence or 55
recklessness in the operation of a public -use airport or by a 56
person using a public -use airport. 57
(3) A rule adopted by a state agency to limit levels of 58
noise in terms of decibel levels which may occur in the outdoor 59
atmosphere does not apply to a public -use airport exempted from 60
liability under this section. 61
(4) This section does not prohibit a local government from 62
regulating the location and construction of a public -use airport 63
after July 1, 2023. 64
Section 2. This act shall take effect July 1, 2023. 65