Senate Bill sb2572
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Florida Senate - 2004 SB 2572
By Senator Garcia
40-1439-04 See HB 881
1 A bill to be entitled
2 An act relating to airport zoning; amending s.
3 333.03, F.S.; providing exceptions from certain
4 airport zoning prohibitions for the placement
5 of educational facilities in certain counties;
6 amending s. 1013.36, F.S., to conform;
7 providing an effective date.
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9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Paragraph (e) is added to subsection (2) of
12 section 333.03, Florida Statutes, and subsection (3) of that
13 section is amended, to read:
14 333.03 Power to adopt airport zoning regulations.--
15 (2) In the manner provided in subsection (1), interim
16 airport land use compatibility zoning regulations shall be
17 adopted. When political subdivisions have adopted land
18 development regulations in accordance with the provisions of
19 chapter 163 which address the use of land in the manner
20 consistent with the provisions herein, adoption of airport
21 land use compatibility regulations pursuant to this subsection
22 shall not be required. Interim airport land use compatibility
23 zoning regulations shall consider the following:
24 (c) Where an airport authority or other governing body
25 operating a publicly owned, public-use airport has conducted a
26 noise study in accordance with the provisions of 14 C.F.R.
27 part 150, neither residential construction nor any educational
28 facility as defined in chapter 1013, with the exception of
29 aviation school facilities, shall be permitted within the area
30 contiguous to the airport defined by an outer noise contour
31 that is considered incompatible with that type of construction
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2572
40-1439-04 See HB 881
1 by 14 C.F.R. part 150, Appendix A or an equivalent noise level
2 as established by other types of noise studies.
3 (d) Where an airport authority or other governing body
4 operating a publicly owned, public-use airport has not
5 conducted a noise study, neither residential construction nor
6 any educational facility as defined in chapter 1013, with the
7 exception of aviation school facilities, shall be permitted
8 within an area contiguous to the airport measuring one-half
9 the length of the longest runway on either side of and at the
10 end of each runway centerline.
11 (e) Notwithstanding paragraphs (c) and (d), any county
12 with a population of more than 1.5 million as of the most
13 recent decennial census shall not be subject to the
14 limitations contained in such paragraphs related to placement
15 of educational facilities.
16 (3) In the manner provided in subsection (1), airport
17 zoning regulations shall be adopted which restrict new
18 incompatible uses, activities, or construction within runway
19 clear zones, including uses, activities, or construction in
20 runway clear zones which are incompatible with normal airport
21 operations or endanger public health, safety, and welfare by
22 resulting in congregations of people, emissions of light or
23 smoke, or attraction of birds. Such regulations shall prohibit
24 the construction of an educational facility of a public or
25 private school at either end of a runway of a publicly owned,
26 public-use airport within an area which extends 5 miles in a
27 direct line along the centerline of the runway, and which has
28 a width measuring one-half the length of the runway; however,
29 any county with a population of more than 1.5 million as of
30 the most recent decennial census shall not be subject to this
31 requirement. Exceptions approving construction of an
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2572
40-1439-04 See HB 881
1 educational facility within the delineated area shall only be
2 granted when the political subdivision administering the
3 zoning regulations makes specific findings detailing how the
4 public policy reasons for allowing the construction outweigh
5 health and safety concerns prohibiting such a location.
6 Section 2. Subsection (3) of section 1013.36, Florida
7 Statutes, is amended to read:
8 1013.36 Site planning and selection.--
9 (3) Sites recommended for purchase or purchased must
10 meet standards prescribed in law and such supplementary
11 standards as the State Board of Education prescribes to
12 promote the educational interests of the students. Each site
13 must be well drained and suitable for outdoor educational
14 purposes as appropriate for the educational program or
15 collocated with facilities to serve this purpose. As provided
16 in s. 333.03, the site must not be located within any path of
17 flight approach of any airport, except as provided in s.
18 333.03(2)(e). Insofar as is practicable, the site must not
19 adjoin a right-of-way of any railroad or through highway and
20 must not be adjacent to any factory or other property from
21 which noise, odors, or other disturbances, or at which
22 conditions, would be likely to interfere with the educational
23 program. To the extent practicable, sites must be chosen which
24 will provide safe access from neighborhoods to schools.
25 Section 3. This act shall take effect July 1, 2004.
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