Senate Bill sb2572er

    ENROLLED

    2004 Legislature                 CS for SB 2572, 1st Engrossed



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  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 (d) of subsection (2) and

12  subsection (3) of section 333.03, Florida Statutes, are

13  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         (d)  Where an airport authority or other governing body

25  operating a publicly owned, public-use airport has not

26  conducted a noise study, neither residential construction nor

27  any educational facility as defined in chapter 1013, with the

28  exception of aviation school facilities, shall be permitted

29  within an area contiguous to the airport measuring one-half

30  the length of the longest runway on either side of and at the

31  end of each runway centerline. For educational facilities,


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    ENROLLED

    2004 Legislature                 CS for SB 2572, 1st Engrossed



 1  this provision does not apply to any county as defined in s.

 2  125.011(1). The school board in any such county shall provide

 3  a public hearing for any educational facility located within

 4  the area delineated in paragraph (c) and this paragraph.

 5         (3)  In the manner provided in subsection (1), airport

 6  zoning regulations shall be adopted which restrict new

 7  incompatible uses, activities, or construction within runway

 8  clear zones, including uses, activities, or construction in

 9  runway clear zones which are incompatible with normal airport

10  operations or endanger public health, safety, and welfare by

11  resulting in congregations of people, emissions of light or

12  smoke, or attraction of birds. Such regulations shall prohibit

13  the construction of an educational facility of a public or

14  private school at either end of a runway of a publicly owned,

15  public-use airport within an area which extends 5 miles in a

16  direct line along the centerline of the runway, and which has

17  a width measuring one-half the length of the runway. For

18  educational facilities, this provision does not apply to any

19  county as defined in s. 125.011(1). The school board in any

20  such county shall provide a public hearing prior to site

21  acquisition for any educational facility that is located in

22  the area delineated in this subsection. Exceptions approving

23  construction of an educational facility within the delineated

24  area shall only be granted when the political subdivision

25  administering the zoning regulations makes specific findings

26  detailing how the public policy reasons for allowing the

27  construction outweigh health and safety concerns prohibiting

28  such a location.

29         Section 2.  Subsection (3) of section 1013.36, Florida

30  Statutes, is amended to read:

31         1013.36  Site planning and selection.--


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    ENROLLED

    2004 Legislature                 CS for SB 2572, 1st Engrossed



 1         (3)  Sites recommended for purchase or purchased must

 2  meet standards prescribed in law and such supplementary

 3  standards as the State Board of Education prescribes to

 4  promote the educational interests of the students. Each site

 5  must be well drained and suitable for outdoor educational

 6  purposes as appropriate for the educational program or

 7  collocated with facilities to serve this purpose. As provided

 8  in s. 333.03, the site must not be located within any path of

 9  flight approach of any airport, except as provided in s.

10  333.03(2)(d) and (3). Insofar as is practicable, the site must

11  not adjoin a right-of-way of any railroad or through highway

12  and must not be adjacent to any factory or other property from

13  which noise, odors, or other disturbances, or at which

14  conditions, would be likely to interfere with the educational

15  program. To the extent practicable, sites must be chosen which

16  will provide safe access from neighborhoods to schools.

17         Section 3.  This act shall take effect July 1, 2004.

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