HB 2003

1
A bill to be entitled
2An act relating to airport zoning; amending s. 333.03,
3F.S.; providing exceptions from certain airport zoning
4prohibitions for the placement of educational facilities
5in certain counties; amending s. 1013.36, F.S., to
6conform; providing an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Paragraph (d) of subsection (2) and subsection
11(3) of section 333.03, Florida Statutes, are amended to read:
12     333.03  Power to adopt airport zoning regulations.--
13     (2)  In the manner provided in subsection (1), interim
14airport land use compatibility zoning regulations shall be
15adopted. When political subdivisions have adopted land
16development regulations in accordance with the provisions of
17chapter 163 which address the use of land in the manner
18consistent with the provisions herein, adoption of airport land
19use compatibility regulations pursuant to this subsection shall
20not be required. Interim airport land use compatibility zoning
21regulations shall consider the following:
22     (d)  Where an airport authority or other governing body
23operating a publicly owned, public-use airport has not conducted
24a noise study, neither residential construction nor any
25educational facility as defined in chapter 1013, with the
26exception of aviation school facilities, shall be permitted
27within an area contiguous to the airport measuring one-half the
28length of the longest runway on either side of and at the end of
29each runway centerline. For educational facilities, this
30provision shall not apply to any county as defined in s.
31125.011(1). The school board in any such county shall provide a
32public hearing for any educational facility located within the
33area delineated in this paragraph and paragraph (c).
34     (3)  In the manner provided in subsection (1), airport
35zoning regulations shall be adopted which restrict new
36incompatible uses, activities, or construction within runway
37clear zones, including uses, activities, or construction in
38runway clear zones which are incompatible with normal airport
39operations or endanger public health, safety, and welfare by
40resulting in congregations of people, emissions of light or
41smoke, or attraction of birds. Such regulations shall prohibit
42the construction of an educational facility of a public or
43private school at either end of a runway of a publicly owned,
44public-use airport within an area which extends 5 miles in a
45direct line along the centerline of the runway, and which has a
46width measuring one-half the length of the runway. For
47educational facilities, this provision shall not apply to any
48county as defined in s. 125.011(1). The school board in any such
49county shall provide a public hearing prior to site acquisition
50for any educational facility that is located in the area
51delineated in this subsection. Exceptions approving construction
52of an educational facility within the delineated area shall only
53be granted when the political subdivision administering the
54zoning regulations makes specific findings detailing how the
55public policy reasons for allowing the construction outweigh
56health and safety concerns prohibiting such a location.
57     Section 2.  Subsection (3) of section 1013.36, Florida
58Statutes, is amended to read:
59     1013.36  Site planning and selection.--
60     (3)  Sites recommended for purchase or purchased must meet
61standards prescribed in law and such supplementary standards as
62the State Board of Education prescribes to promote the
63educational interests of the students. Each site must be well
64drained and suitable for outdoor educational purposes as
65appropriate for the educational program or collocated with
66facilities to serve this purpose. As provided in s. 333.03, the
67site must not be located within any path of flight approach of
68any airport, except as provided in s. 333.03(2)(d) and (3).
69Insofar as is practicable, the site must not adjoin a right-of-
70way of any railroad or through highway and must not be adjacent
71to any factory or other property from which noise, odors, or
72other disturbances, or at which conditions, would be likely to
73interfere with the educational program. To the extent
74practicable, sites must be chosen which will provide safe access
75from neighborhoods to schools.
76     Section 3.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.