| 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 (e) is added to subsection (2) of |
| 11 | section 333.03, Florida Statutes, and subsection (3) of said |
| 12 | section is amended, to read: |
| 13 | 333.03 Power to adopt airport zoning regulations.-- |
| 14 | (2) In the manner provided in subsection (1), interim |
| 15 | airport land use compatibility zoning regulations shall be |
| 16 | adopted. When political subdivisions have adopted land |
| 17 | development regulations in accordance with the provisions of |
| 18 | chapter 163 which address the use of land in the manner |
| 19 | consistent with the provisions herein, adoption of airport land |
| 20 | use compatibility regulations pursuant to this subsection shall |
| 21 | not be required. Interim airport land use compatibility zoning |
| 22 | regulations shall consider the following: |
| 23 | (c) Where an airport authority or other governing body |
| 24 | operating a publicly owned, public-use airport has conducted a |
| 25 | noise study in accordance with the provisions of 14 C.F.R. part |
| 26 | 150, neither residential construction nor any educational |
| 27 | facility as defined in chapter 1013, with the exception of |
| 28 | aviation school facilities, shall be permitted within the area |
| 29 | contiguous to the airport defined by an outer noise contour that |
| 30 | is considered incompatible with that type of construction by 14 |
| 31 | C.F.R. part 150, Appendix A or an equivalent noise level as |
| 32 | established by other types of noise studies. |
| 33 | (d) Where an airport authority or other governing body |
| 34 | operating a publicly owned, public-use airport has not conducted |
| 35 | a noise study, neither residential construction nor any |
| 36 | educational facility as defined in chapter 1013, with the |
| 37 | exception of aviation school facilities, shall be permitted |
| 38 | within an area contiguous to the airport measuring one-half the |
| 39 | length of the longest runway on either side of and at the end of |
| 40 | each runway centerline. |
| 41 | (e) Notwithstanding paragraphs (c) and (d), any county |
| 42 | with a population of more than 1.5 million as of the most recent |
| 43 | decennial census shall not be subject to the limitations |
| 44 | contained in such paragraphs related to placement of educational |
| 45 | facilities. |
| 46 | (3) In the manner provided in subsection (1), airport |
| 47 | zoning regulations shall be adopted which restrict new |
| 48 | incompatible uses, activities, or construction within runway |
| 49 | clear zones, including uses, activities, or construction in |
| 50 | runway clear zones which are incompatible with normal airport |
| 51 | operations or endanger public health, safety, and welfare by |
| 52 | resulting in congregations of people, emissions of light or |
| 53 | smoke, or attraction of birds. Such regulations shall prohibit |
| 54 | the construction of an educational facility of a public or |
| 55 | private school at either end of a runway of a publicly owned, |
| 56 | public-use airport within an area which extends 5 miles in a |
| 57 | direct line along the centerline of the runway, and which has a |
| 58 | width measuring one-half the length of the runway; however, any |
| 59 | county with a population of more than 1.5 million as of the most |
| 60 | recent decennial census shall not be subject to this |
| 61 | requirement. Exceptions approving construction of an educational |
| 62 | facility within the delineated area shall only be granted when |
| 63 | the political subdivision administering the zoning regulations |
| 64 | makes specific findings detailing how the public policy reasons |
| 65 | for allowing the construction outweigh health and safety |
| 66 | concerns prohibiting such a location. |
| 67 | Section 2. Subsection (3) of section 1013.36, Florida |
| 68 | Statutes, is amended to read: |
| 69 | 1013.36 Site planning and selection.-- |
| 70 | (3) Sites recommended for purchase or purchased must meet |
| 71 | standards prescribed in law and such supplementary standards as |
| 72 | the State Board of Education prescribes to promote the |
| 73 | educational interests of the students. Each site must be well |
| 74 | drained and suitable for outdoor educational purposes as |
| 75 | appropriate for the educational program or collocated with |
| 76 | facilities to serve this purpose. As provided in s. 333.03, the |
| 77 | site must not be located within any path of flight approach of |
| 78 | any airport, except as provided in s. 333.03(2)(e). Insofar as |
| 79 | is practicable, the site must not adjoin a right-of-way of any |
| 80 | railroad or through highway and must not be adjacent to any |
| 81 | factory or other property from which noise, odors, or other |
| 82 | disturbances, or at which conditions, would be likely to |
| 83 | interfere with the educational program. To the extent |
| 84 | practicable, sites must be chosen which will provide safe access |
| 85 | from neighborhoods to schools. |
| 86 | Section 3. This act shall take effect July 1, 2004. |