Florida 2023 Regular Session

Florida House Bill H0347 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 347 2023
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0347-00
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to actions against public -use 2
16	16	airports; creating s. 332.15, F.S.; providing 3
17	17	definitions; providing exemption from civil liability 4
18	18	and criminal prosecution for an owner, operator, or 5
19	19	user of a public-use airport with respect to noise 6
20	20	pollution resulting from such operation or use; 7
21	21	providing exemption from a nuisance action for such 8
22	22	owner, operator, or user; prohibiting a court from 9
23	23	enjoining the use or operation of a public -use airport 10
24	24	on the basis of noise or noise pollution; prohibiting 11
25	25	an owner of certain property from maintaining a 12
26	26	nuisance action against an owner or operator of a 13
27	27	public-use airport; exempting a public -use airport 14
28	28	from specified rules; providing construction; 15
29	29	providing an effective date. 16
30	30	17
31	31	Be It Enacted by the Legislature of the State of Florida: 18
32	32	19
33	33	Section 1. Section 332.15, Florida Statutes, is created to 20
34	34	read: 21
35	35	332.15 Public-use airports; definitions; exemption from 22
36	36	liability, nuisance actions, and specified rules. — 23
37	37	(1) As used in this section, the term: 24
38	38	(a) "Airport" means an area of land or water, or a manmade 25
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40	40	HB 347 2023
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44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0347-00
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47	47	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
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51	51	object or facility located therein, whether publicly or 26
52	52	privately owned, which is used, or intended for pu blic use, for 27
53	53	the landing and takeoff of aircraft, and any appurtenant areas 28
54	54	which are used, or intended for public use, for airport 29
55	55	buildings or other airport facilities or rights -of-way. 30
56	56	(b) "Person" means an individual, corporation, 31
57	57	proprietorship, partnership, association, club, two or more 32
58	58	persons having a joint or common interest, or any other legal 33
59	59	entity. 34
60	60	(c) "Public-use airport" means a publicly or privately 35
61	61	owned airport which is used or to be used for public purposes. 36
62	62	(2) Notwithstanding an y other provision of law: 37
63	63	(a) A person who owns, operates, or uses a public -use 38
64	64	airport in this state is not subject to civil liability or 39
65	65	criminal prosecution in any matter relating to noise or noise 40
66	66	pollution that results from the operation or use of t he public-41
67	67	use airport. 42
68	68	(b) A person who owns, operates, or uses a public -use 43
69	69	airport is not subject to an action for nuisance, and a court of 44
70	70	this state may not enjoin the use or operation of a public -use 45
71	71	airport on the basis of noise or noise pollution. 46
72	72	(c) A person who acquires title to or owns real property 47
73	73	adversely affected by the operation or use of a permanently 48
74	74	located public-use airport, which property was acquired after 49
75	75	the time of construction or initial operation of the public -use 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	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
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88	88	airport, may not maintain a nuisance action against a person who 51
89	89	owns or operates the public -use airport to restrain, enjoin, or 52
90	90	impede the operation or use of the public -use airport. 53
91	91	54
92	92	This subsection does not prohibit an action for negligence or 55
93	93	recklessness in the operation of a public -use airport or by a 56
94	94	person using a public -use airport. 57
95	95	(3) A rule adopted by a state agency to limit levels of 58
96	96	noise in terms of decibel levels which may occur in the outdoor 59
97	97	atmosphere does not apply to a public -use airport exempted from 60
98	98	liability under this section. 61
99	99	(4) This section does not prohibit a local government from 62
100	100	regulating the location and construction of a public -use airport 63
101	101	after July 1, 2023. 64
102	102	Section 2. This act shall take effect July 1, 2023. 65