| 1 | A bill to be entitled |
| 2 | An act relating to airport zoning; amending s. 333.03, |
| 3 | F.S.; providing exceptions from certain airport zoning |
| 4 | prohibitions for the placement of educational facilities |
| 5 | in certain counties; amending s. 1013.36, F.S., to |
| 6 | conform; providing an effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 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 |
| 14 | airport land use compatibility zoning regulations shall be |
| 15 | adopted. When political subdivisions have adopted land |
| 16 | development regulations in accordance with the provisions of |
| 17 | chapter 163 which address the use of land in the manner |
| 18 | consistent with the provisions herein, adoption of airport land |
| 19 | use compatibility regulations pursuant to this subsection shall |
| 20 | not be required. Interim airport land use compatibility zoning |
| 21 | regulations shall consider the following: |
| 22 | (d) Where an airport authority or other governing body |
| 23 | operating a publicly owned, public-use airport has not conducted |
| 24 | a noise study, neither residential construction nor any |
| 25 | educational facility as defined in chapter 1013, with the |
| 26 | exception of aviation school facilities, shall be permitted |
| 27 | within an area contiguous to the airport measuring one-half the |
| 28 | length of the longest runway on either side of and at the end of |
| 29 | each runway centerline. For educational facilities, this |
| 30 | provision shall not apply to any county as defined in s. |
| 31 | 125.011(1). The school board in any such county shall provide a |
| 32 | public hearing for any educational facility located within the |
| 33 | area delineated in this paragraph and paragraph (c). |
| 34 | (3) In the manner provided in subsection (1), airport |
| 35 | zoning regulations shall be adopted which restrict new |
| 36 | incompatible uses, activities, or construction within runway |
| 37 | clear zones, including uses, activities, or construction in |
| 38 | runway clear zones which are incompatible with normal airport |
| 39 | operations or endanger public health, safety, and welfare by |
| 40 | resulting in congregations of people, emissions of light or |
| 41 | smoke, or attraction of birds. Such regulations shall prohibit |
| 42 | the construction of an educational facility of a public or |
| 43 | private school at either end of a runway of a publicly owned, |
| 44 | public-use airport within an area which extends 5 miles in a |
| 45 | direct line along the centerline of the runway, and which has a |
| 46 | width measuring one-half the length of the runway. For |
| 47 | educational facilities, this provision shall not apply to any |
| 48 | county as defined in s. 125.011(1). The school board in any such |
| 49 | county shall provide a public hearing prior to site acquisition |
| 50 | for any educational facility that is located in the area |
| 51 | delineated in this subsection. Exceptions approving construction |
| 52 | of an educational facility within the delineated area shall only |
| 53 | be granted when the political subdivision administering the |
| 54 | zoning regulations makes specific findings detailing how the |
| 55 | public policy reasons for allowing the construction outweigh |
| 56 | health and safety concerns prohibiting such a location. |
| 57 | Section 2. Subsection (3) of section 1013.36, Florida |
| 58 | Statutes, is amended to read: |
| 59 | 1013.36 Site planning and selection.-- |
| 60 | (3) Sites recommended for purchase or purchased must meet |
| 61 | standards prescribed in law and such supplementary standards as |
| 62 | the State Board of Education prescribes to promote the |
| 63 | educational interests of the students. Each site must be well |
| 64 | drained and suitable for outdoor educational purposes as |
| 65 | appropriate for the educational program or collocated with |
| 66 | facilities to serve this purpose. As provided in s. 333.03, the |
| 67 | site must not be located within any path of flight approach of |
| 68 | any airport, except as provided in s. 333.03(2)(d) and (3). |
| 69 | Insofar as is practicable, the site must not adjoin a right-of- |
| 70 | way of any railroad or through highway and must not be adjacent |
| 71 | to any factory or other property from which noise, odors, or |
| 72 | other disturbances, or at which conditions, would be likely to |
| 73 | interfere with the educational program. To the extent |
| 74 | practicable, sites must be chosen which will provide safe access |
| 75 | from neighborhoods to schools. |
| 76 | Section 3. This act shall take effect July 1, 2004. |