Florida Senate - 2023                      CS for CS for SB 1672
       
       
        
       By the Committees on Fiscal Policy; and Transportation; and
       Senators DiCeglie and Perry
       
       
       
       
       594-04109A-23                                         20231672c2
    1                        A bill to be entitled                      
    2         An act relating to temporary airports; amending s.
    3         330.27, F.S.; revising the definition of the term
    4         “temporary airport”; amending s. 330.30, F.S.;
    5         requiring that certain documentation be submitted to
    6         the Department of Transportation for a public
    7         temporary airport or private temporary airport site
    8         approval order; requiring a public temporary airport
    9         to obtain a license and a private temporary airport to
   10         obtain registration before operation of aircraft to or
   11         from the airport; requiring the department to publish
   12         certain notice of intent to approve or deny an
   13         application for a public temporary airport or private
   14         temporary airport site approval order; specifying the
   15         period during which such application may be approved
   16         or denied; deeming public temporary airport licensure
   17         or private temporary airport registration complete if
   18         the department grants site approval; requiring the
   19         department to issue a public temporary airport license
   20         or private temporary airport registration concurrent
   21         with airport site approval; removing a condition for
   22         licensure or registration as a temporary airport;
   23         prohibiting the department from approving subsequent
   24         applications for a public temporary airport or private
   25         temporary airport site approval order under certain
   26         circumstances; revising an exemption from certain
   27         provisions for an airport used for aerial application
   28         or spraying of crops; providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Subsection (7) of section 330.27, Florida
   33  Statutes, is amended to read:
   34         330.27 Definitions, when used in ss. 330.29-330.39.—
   35         (7) “Temporary airport” means an any airport at which
   36  flight operations are conducted under visual flight rules
   37  established by the Federal Aviation Administration and which is
   38  that will be used for a period of less than 30 consecutive days
   39  with no more than 10 operations per day.
   40         Section 2. Subsection (1), paragraphs (a) and (c) of
   41  subsection (2), and paragraph (e) of subsection (3) of section
   42  330.30, Florida Statutes, are amended to read:
   43         330.30 Approval of airport sites; registration and
   44  licensure of airports.—
   45         (1) SITE APPROVALS; REQUIREMENTS, EFFECTIVE PERIOD,
   46  REVOCATION.—
   47         (a) Except as provided in subsection (3), the owner or
   48  lessee of a any proposed airport shall, before prior to site
   49  acquisition or construction or establishment of the proposed
   50  airport, obtain approval of the airport site from the
   51  department. Applications for approval of a site shall be made in
   52  a form and manner prescribed by the department. The department
   53  shall grant the site approval if it is satisfied:
   54         1. That the site has adequate area allocated for the
   55  airport as proposed.
   56         2. That the proposed airport will conform to licensing or
   57  registration requirements and will comply with the applicable
   58  local government land development regulations or zoning
   59  requirements.
   60         3. That all affected airports, local governments, and
   61  property owners have been notified and any comments submitted by
   62  them have been given adequate consideration.
   63         4. That safe air-traffic patterns can be established for
   64  the proposed airport with all existing airports and approved
   65  airport sites in its vicinity.
   66         (b) Site approval shall be granted for a public airport
   67  airports only after a favorable department inspection of the
   68  proposed site.
   69         (c) Site approval shall be granted for a private airport
   70  airports only after receipt of documentation in a form and
   71  manner the department deems necessary to satisfy the conditions
   72  in paragraph (a).
   73         (d)Site approval shall be granted for a public temporary
   74  airport or private temporary airport only after receipt of
   75  documentation in a form and manner the department deems
   76  necessary to satisfy the conditions in paragraph (a). Such
   77  documentation must be included with the application for a public
   78  temporary airport or private temporary airport site approval
   79  order.
   80         (e)(d) Site approval may be granted subject to any
   81  reasonable conditions the department deems necessary to protect
   82  the public health, safety, or welfare.
   83         (f)(e) Approval as a public airport or a private airport
   84  shall remain valid for 2 years after the date of issue, unless
   85  revoked by the department or unless a public airport license is
   86  issued or a private airport registration is completed pursuant
   87  to subsection (2) before prior to the expiration date.
   88         (g)(f) The department may extend a public airport or
   89  private airport site approval for subsequent periods of 2 years
   90  per extension for good cause.
   91         (h)(g) The department may revoke an airport a site approval
   92  if it determines:
   93         1. That the site has been abandoned as an airport site;
   94         2. That the site has not been developed as an airport
   95  within a reasonable time period or development does not comply
   96  with the conditions of the site approval;
   97         3. That, except as required for in-flight emergencies,
   98  aircraft have operated on the site; or
   99         4. That the site is no longer usable for aviation purposes
  100  due to physical or legal changes in conditions that were the
  101  subject of the approval granted.
  102         (2) LICENSES AND REGISTRATIONS; REQUIREMENTS, RENEWAL,
  103  REVOCATION.—
  104         (a) Except as provided in subsection (3), the owner or
  105  lessee of an any airport in this state shall have either a
  106  public airport license, a or private airport registration, a
  107  public temporary airport license, or a private temporary airport
  108  registration before prior to the operation of aircraft to or
  109  from the airport facility. Application for a license or
  110  registration shall be made in a form and manner prescribed by
  111  the department. Upon granting site approval:
  112         1. For a public airport, upon granting site approval, the
  113  department shall issue a license after a final airport
  114  inspection finds the airport facility to be in compliance with
  115  all requirements for the license. The license may be subject to
  116  any reasonable conditions that the department deems may deem
  117  necessary to protect the public health, safety, or welfare.
  118         2. For a private airport, upon granting site approval, the
  119  department shall provide controlled electronic access to the
  120  state aviation facility data system to permit the applicant to
  121  complete the registration process. Registration shall be
  122  completed upon self-certification by the registrant of
  123  operational and configuration data deemed necessary by the
  124  department.
  125         3. For an application for a public temporary airport or
  126  private temporary airport site approval order, upon receipt of a
  127  completed application, the department must publish a notice of
  128  intent to approve or deny the application in the next available
  129  publication of the Florida Administrative Register. The notice
  130  must inform the recipient of any administrative hearing that is
  131  available, indicate the procedure that must be followed to
  132  obtain the hearing, and state that a request for hearing must be
  133  submitted no later than 14 days after the date of publication.
  134  The department may not approve or deny an application sooner
  135  than 14 days after the date of publication. The department must
  136  approve or deny an application no later than 30 days after the
  137  date of publication, unless a hearing is requested by a person
  138  whose substantial interests will be determined or affected by
  139  the pending public temporary airport or private temporary
  140  airport site approval order. If site approval is granted,
  141  licensure of the public temporary airport or registration of the
  142  private temporary airport is deemed complete, and the department
  143  must issue the public temporary airport license or private
  144  temporary airport registration concurrent with the airport site
  145  approval.
  146         (c) The department may license a public airport or a
  147  private airport may register as a temporary airport provided
  148  that the airport will not endanger the public health, safety, or
  149  welfare and the airport meets the temporary airport requirements
  150  established by the department. A temporary airport license or
  151  registration shall be valid for less than 30 days and is not
  152  renewable. The department may not approve a subsequent
  153  application for a public temporary airport or private temporary
  154  airport site approval order for the same general location if the
  155  purpose or effect of such order is to evade otherwise applicable
  156  airport permitting, licensure, or registration requirements.
  157         (3) EXEMPTIONS.—The provisions of this section do not apply
  158  to:
  159         (e) An airport which meets the criteria of s. 330.27(7)
  160  used exclusively for aerial application or spraying of crops on
  161  a seasonal basis, not to include any licensed airport where
  162  permanent crop aerial application or spraying facilities are
  163  installed, if the period of operation does not exceed 30 days
  164  per calendar year and the frequency of operations does not
  165  exceed 10 operations per day. Such proposed airports, which will
  166  be located within 3 miles of existing airports or approved
  167  airport sites, shall establish safe air-traffic patterns with
  168  such existing airports or approved airport sites, by memorandums
  169  of understanding, or by letters of agreement between the parties
  170  representing the airports or sites.
  171         Section 3. This act shall take effect July 1, 2023.