HB 0881

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 (e) is added to subsection (2) of
11section 333.03, Florida Statutes, and subsection (3) of said
12section is amended, to read:
13     333.03  Power to adopt airport zoning regulations.--
14     (2)  In the manner provided in subsection (1), interim
15airport land use compatibility zoning regulations shall be
16adopted. When political subdivisions have adopted land
17development regulations in accordance with the provisions of
18chapter 163 which address the use of land in the manner
19consistent with the provisions herein, adoption of airport land
20use compatibility regulations pursuant to this subsection shall
21not be required. Interim airport land use compatibility zoning
22regulations shall consider the following:
23     (c)  Where an airport authority or other governing body
24operating a publicly owned, public-use airport has conducted a
25noise study in accordance with the provisions of 14 C.F.R. part
26150, neither residential construction nor any educational
27facility as defined in chapter 1013, with the exception of
28aviation school facilities, shall be permitted within the area
29contiguous to the airport defined by an outer noise contour that
30is considered incompatible with that type of construction by 14
31C.F.R. part 150, Appendix A or an equivalent noise level as
32established by other types of noise studies.
33     (d)  Where an airport authority or other governing body
34operating a publicly owned, public-use airport has not conducted
35a noise study, neither residential construction nor any
36educational facility as defined in chapter 1013, with the
37exception of aviation school facilities, shall be permitted
38within an area contiguous to the airport measuring one-half the
39length of the longest runway on either side of and at the end of
40each runway centerline.
41     (e)  Notwithstanding paragraphs (c) and (d), any county
42with a population of more than 1.5 million as of the most recent
43decennial census shall not be subject to the limitations
44contained in such paragraphs related to placement of educational
45facilities.
46     (3)  In the manner provided in subsection (1), airport
47zoning regulations shall be adopted which restrict new
48incompatible uses, activities, or construction within runway
49clear zones, including uses, activities, or construction in
50runway clear zones which are incompatible with normal airport
51operations or endanger public health, safety, and welfare by
52resulting in congregations of people, emissions of light or
53smoke, or attraction of birds. Such regulations shall prohibit
54the construction of an educational facility of a public or
55private school at either end of a runway of a publicly owned,
56public-use airport within an area which extends 5 miles in a
57direct line along the centerline of the runway, and which has a
58width measuring one-half the length of the runway; however, any
59county with a population of more than 1.5 million as of the most
60recent decennial census shall not be subject to this
61requirement. Exceptions approving construction of an educational
62facility within the delineated area shall only be granted when
63the political subdivision administering the zoning regulations
64makes specific findings detailing how the public policy reasons
65for allowing the construction outweigh health and safety
66concerns prohibiting such a location.
67     Section 2.  Subsection (3) of section 1013.36, Florida
68Statutes, is amended to read:
69     1013.36  Site planning and selection.--
70     (3)  Sites recommended for purchase or purchased must meet
71standards prescribed in law and such supplementary standards as
72the State Board of Education prescribes to promote the
73educational interests of the students. Each site must be well
74drained and suitable for outdoor educational purposes as
75appropriate for the educational program or collocated with
76facilities to serve this purpose. As provided in s. 333.03, the
77site must not be located within any path of flight approach of
78any airport, except as provided in s. 333.03(2)(e). Insofar as
79is practicable, the site must not adjoin a right-of-way of any
80railroad or through highway and must not be adjacent to any
81factory or other property from which noise, odors, or other
82disturbances, or at which conditions, would be likely to
83interfere with the educational program. To the extent
84practicable, sites must be chosen which will provide safe access
85from neighborhoods to schools.
86     Section 3.  This act shall take effect July 1, 2004.


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