Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1554
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/19/2015           .                                

       The Committee on Transportation (Brandes) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 487 - 1330
    4  and insert:
    5         Section 9. Section 333.01, Florida Statutes, is amended to
    6  read:
    7         333.01 Definitions.—For the purpose of this chapter, the
    8  following words, terms, and phrases shall have the following
    9  meanings herein given, unless otherwise specifically defined, or
   10  unless another intention clearly appears, or the context
   11  otherwise requires:
   12         (1) “Aeronautical study” means a Federal Aviation
   13  Administration review conducted pursuant to 14 C.F.R. part 77,
   14  concerning the effect of proposed construction or alteration on
   15  the use of air navigation facilities or navigable airspace by
   16  aircraft. “Aeronautics” means transportation by aircraft; the
   17  operation, construction, repair, or maintenance of aircraft,
   18  aircraft power plants and accessories, including the repair,
   19  packing, and maintenance of parachutes; the design,
   20  establishment, construction, extension, operation, improvement,
   21  repair, or maintenance of airports, restricted landing areas, or
   22  other air navigation facilities, and air instruction.
   23         (2) “Airport” means any area of land or water designed and
   24  set aside for the landing and taking off of aircraft and
   25  utilized or to be utilized in the interest of the public for
   26  such purpose.
   27         (3) “Airport hazard” means any obstruction structure or
   28  tree or use of land which exceeds would exceed the federal
   29  obstruction standards as contained in 14 C.F.R. ss. 77.15,
   30  77.17, 77.19, 77.21, and 77.23 77.21, 77.23, 77.25, 77.28, and
   31  77.29 and which obstructs the airspace required for the flight
   32  of aircraft in taking off, maneuvering, or landing; or is
   33  otherwise hazardous to such taking off, maneuvering, or landing
   34  of aircraft and for which no person has previously obtained a
   35  permit or variance pursuant to s. 333.025 or s. 333.07.
   36         (4) “Airport hazard area” means any area of land or water
   37  upon which an airport hazard might be established if not
   38  prevented as provided in this chapter.
   39         (5) “Airport land use compatibility zoning” means airport
   40  zoning regulations governing restricting the use of land
   41  adjacent to or in the immediate vicinity of airports in the
   42  manner provided enumerated in s. 333.03(2) to activities and (3)
   43  purposes compatible with the continuation of normal airport
   44  operations including landing and takeoff of aircraft in order to
   45  promote public health, safety, and general welfare.
   46         (6) “Airport layout plan” means a scaled detailed, scale
   47  engineering drawing or set of drawings in either paper or
   48  electronic form of the existing, including pertinent dimensions,
   49  of an airport’s current and planned airport facilities which
   50  provides a graphic representation of the existing and long-term
   51  development plan for the airport and demonstrates the
   52  preservation and continuity of safety, utility, and efficiency
   53  of the airport, their locations, and runway usage.
   54         (7) “Airport master plan” means a comprehensive plan for an
   55  airport that describes the immediate and long-term development
   56  plans to meet future aviation demand.
   57         (8) “Airport protection zoning” means airport zoning
   58  regulations governing airport hazards in the manner provided in
   59  s. 333.03.
   60         (9) “Department” means the Department of Transportation as
   61  created by s. 20.23.
   62         (10) “Educational facility” means any structure, land, or
   63  use thereof that includes a public or private kindergarten
   64  through 12th grade school, charter school, magnet school,
   65  college campus, or university campus. Space used for educational
   66  purposes within a multitenant building may not be treated as an
   67  educational facility for the purpose of this chapter.
   68         (11) “Landfill” means the same as the term is defined in s.
   69  403.703.
   70         (12)(7) “Obstruction” means any object of natural growth,
   71  terrain, or permanent or temporary construction or alteration,
   72  including equipment or materials used and any permanent or
   73  temporary apparatus, or alteration of any permanent or temporary
   74  existing structure by a change in its height, including
   75  appurtenances, or lateral dimensions, including equipment or
   76  material used therein, existing or proposed, which exceeds
   77  manmade object or object of natural growth or terrain that
   78  violates the standards contained in 14 C.F.R. ss. 77.15, 77.17,
   79  77.19, 77.21, and 77.23 77.21, 77.23, 77.25, 77.28, and 77.29.
   80         (13)(8) “Person” means any individual, firm, copartnership,
   81  corporation, company, association, joint-stock association, or
   82  body politic, and includes any trustee, receiver, assignee, or
   83  other similar representative thereof.
   84         (14)(9) “Political subdivision” means the local government
   85  of any county, city, town, village, or other subdivision or
   86  agency thereof, or any district or special district, port
   87  commission, port authority, or other such agency authorized to
   88  establish or operate airports in the state.
   89         (15) “Public-use airport” means an airport, publicly or
   90  privately owned and licensed by the state, which is open for use
   91  by the public.
   92         (16)(10) “Runway protection clear zone” or “RPZ means an
   93  area at ground level beyond the a runway end intended to enhance
   94  the safety and protection of people and property on the ground
   95  clear zone as defined in 14 C.F.R. s. 151.9(b).
   96         (17)(11) “Structure” means any object, constructed,
   97  erected, altered, or installed by humans, including, but without
   98  limitation thereof, buildings, towers, smokestacks, utility
   99  poles, power generation equipment, and overhead transmission
  100  lines.
  101         (18) “Substantial modification” means any repair,
  102  reconstruction, rehabilitation, or improvement of a structure
  103  when the actual cost of the repair, reconstruction,
  104  rehabilitation, or improvement of the structure equals or
  105  exceeds 50 percent of the market value of the structure.
  106         (12) “Tree” includes any plant of the vegetable kingdom.
  107         Section 10. Section 333.025, Florida Statutes, is amended
  108  to read:
  109         333.025 Permit required for structures exceeding federal
  110  obstruction standards.—
  111         (1) A person proposing the construction or alteration In
  112  order to prevent the erection of structures hazardous dangerous
  113  to air navigation, subject to the provisions of subsections (2),
  114  (3), and (4), must each person shall secure from the department
  115  of Transportation a permit for the proposed construction or
  116  erection, alteration, or modification of any structure the
  117  result of which would exceed the federal obstruction standards
  118  as contained in 14 C.F.R. ss. 77.15, 77.17, 77.19, 77.21, and
  119  77.23 77.21, 77.23, 77.25, 77.28, and 77.29. However, permits
  120  from the department of Transportation will be required only
  121  within an airport hazard area where federal obstruction
  122  standards are exceeded and if the proposed construction is
  123  within a 10-nautical-mile radius of the airport reference point,
  124  located at the approximate geometric geographical center of all
  125  useable runways of public-use airports or a publicly owned or
  126  operated airport, a military airport, or an airport licensed by
  127  the state for public use.
  128         (2) Existing, planned, and proposed Affected airports will
  129  be considered as having those facilities at public-use airports
  130  contained in an which are shown on the airport master plan, on
  131  or an airport layout plan submitted to the Federal Aviation
  132  Administration Airport District Office, or in comparable
  133  military documents, and will be so protected from structures
  134  that exceed federal obstruction standards. Planned or proposed
  135  public-use airports which are the subject of a notice or
  136  proposal submitted to the Federal Aviation Administration or to
  137  the Department of Transportation shall also be protected.
  138         (3) Permit requirements of subsection (1) do shall not
  139  apply to structures projects which received construction permits
  140  from the Federal Communications Commission for structures
  141  exceeding federal obstruction standards prior to May 20, 1975,
  142  provided such structures now exist; nor does subsection (1)
  143  shall it apply to previously approved structures now existing,
  144  or any necessary replacement or repairs to such existing
  145  structures, so long as the height and location is unchanged.
  146         (4) When political subdivisions have adopted adequate
  147  airport airspace protection zoning regulations in compliance
  148  with s. 333.03, and such regulations are on file with the
  149  department of Transportation, and have established a permitting
  150  process in compliance with s. 333.09(2), a permit for such
  151  structure shall not be required from the department of
  152  Transportation. To evaluate technical consistency with this
  153  section, there is a 15-day department review period concurrent
  154  with the permitting process prescribed by s. 333.09. Upon
  155  receipt of a complete permit application, the local government
  156  shall forward to the department’s Aviation Office by certified
  157  mail, return receipt requested, or by delivery service that
  158  provides a receipt evidencing delivery, a copy of the
  159  application. Cranes, construction equipment, and other temporary
  160  structures, in use or in place for a period not to exceed 18
  161  consecutive months, are exempt from this requirement, unless
  162  requested by the department’s Aviation Office.
  163         (5) The department of Transportation shall, within 30 days
  164  of the receipt of an application for a permit, issue or deny a
  165  permit for the construction or erection, alteration, or
  166  modification of any structure the result of which would exceed
  167  federal obstruction standards as contained in 14 C.F.R. ss.
  168  77.15, 77.17, 77.19, 77.21, and 77.23 77.21, 77.23, 77.25,
  169  77.28, and 77.29. The department shall review permit
  170  applications in conformity with s. 120.60.
  171         (6) In determining whether to issue or deny a permit, the
  172  department shall consider:
  173         (a) The safety of persons on the ground and in the air The
  174  nature of the terrain and height of existing structures.
  175         (b) The safe and efficient use of navigable airspace Public
  176  and private interests and investments.
  177         (c) The nature of the terrain and height of existing
  178  structures The character of flying operations and planned
  179  developments of airports.
  180         (d) Whether the construction of the proposed structure
  181  would impact the state licensing standards for a public-use
  182  airport, contained in chapter 330 and chapter 14-60, Florida
  183  Administrative Code Federal airways as designated by the Federal
  184  Aviation Administration.
  185         (e) The character of existing and planned flight operations
  186  and developments at public-use airports Whether the construction
  187  of the proposed structure would cause an increase in the minimum
  188  descent altitude or the decision height at the affected airport.
  189         (f) Federal airways; visual flight rules, flyways and
  190  corridors; and instrument approaches as designated by the
  191  Federal Aviation Administration Technological advances.
  192         (g) Whether the construction of the proposed structure
  193  would cause an increase in the minimum descent altitude or the
  194  decision height at the affected airport The safety of persons on
  195  the ground and in the air.
  196         (h) The cumulative effects on navigable airspace of all
  197  existing structures and all other known and proposed structures
  198  in the area Land use density.
  199         (i) The safe and efficient use of navigable airspace.
  200         (j) The cumulative effects on navigable airspace of all
  201  existing structures, proposed structures identified in the
  202  applicable jurisdictions’ comprehensive plans, and all other
  203  known proposed structures in the area.
  204         (7) When issuing a permit under this section, the
  205  department of Transportation shall, as a specific condition of
  206  such permit, require the owner obstruction marking and lighting
  207  of the permitted structure or vegetation to install, operate,
  208  and maintain thereon, at his or her own expense, marking and
  209  lighting in conformance with the specific standards established
  210  by the Federal Aviation Administration structure as provided in
  211  s. 333.07(3)(b).
  212         (8) The department may of Transportation shall not approve
  213  a permit for the construction or alteration erection of a
  214  structure unless the applicant submits both documentation
  215  showing compliance with the federal requirement for notification
  216  of proposed construction or alteration and a valid aeronautical
  217  study evaluation, and no permit shall be approved solely on the
  218  basis that such proposed structure will not exceed federal
  219  obstruction standards as contained in 14 C.F.R. ss. 77.15,
  220  77.17, 77.19, 77.21, or 77.23 77.21, 77.23, 77.25, 77.28, or
  221  77.29, or any other federal aviation regulation.
  222         (9) The denial of a permit under this section is subject to
  223  the administrative review provisions of chapter 120.
  224         Section 11. Section 333.03, Florida Statutes, is amended to
  225  read:
  226         333.03 Requirement Power to adopt airport zoning
  227  regulations.—
  228         (1)(a) Every In order to prevent the creation or
  229  establishment of airport hazards, every political subdivision
  230  having an airport hazard area within its territorial limits
  231  shall, by October 1, 1977, adopt, administer, and enforce, under
  232  the police power and in the manner and upon the conditions
  233  hereinafter prescribed in this section, airport protection
  234  zoning regulations for such airport hazards hazard area.
  235         (b) Where an airport is owned or controlled by a political
  236  subdivision and an any airport hazard area appertaining to such
  237  airport is located wholly or partly outside the territorial
  238  limits of the said political subdivision, the political
  239  subdivision owning or controlling the airport and any the
  240  political subdivision within which the airport hazard area is
  241  located, must shall either:
  242         1. By interlocal agreement, in accordance with the
  243  provisions of chapter 163, adopt, administer, and enforce a set
  244  of airport protection zoning regulations applicable to the
  245  airport hazard area in question; or
  246         2. By ordinance, regulation, or resolution duly adopted,
  247  create a joint airport zoning board, which must board shall have
  248  the same power to adopt, administer, and enforce a set of
  249  airport protection zoning regulations applicable to the airport
  250  hazard area in each question as that vested in paragraph (a) in
  251  the political subdivision in within which the airport hazard
  252  such area is located. Each such joint airport zoning board shall
  253  have as members two representatives appointed by each
  254  participating political subdivision participating in its
  255  creation and, in addition, a chair elected by a majority of the
  256  members so appointed. The However, the airport manager or
  257  representative of each airport in managers of the affected
  258  participating political subdivisions shall serve on the board in
  259  a nonvoting capacity.
  260         (c) Airport protection zoning regulations adopted under
  261  paragraph (a) must shall, at as a minimum, require:
  262         1. A permit variance for the erection, construction or
  263  alteration, or modification of any structure that which would
  264  cause the structure to exceed the federal obstruction standards
  265  as contained in 14 C.F.R. ss. 77.15, 77.17, 77.19, 77.21, and
  266  77.23. 77.21, 77.23, 77.25, 77.28, and 77.29;
  267         2. Obstruction marking and lighting for structures
  268  exceeding the federal obstruction standards as contained in 14
  269  C.F.R. ss. 77.15, 77.17, 77.19, 77.21, and 77.23, as specified
  270  in s. 333.07(3).;
  271         3. Documentation showing compliance with the federal
  272  requirement for notification of proposed construction or
  273  alteration and a valid aeronautical study evaluation submitted
  274  by each person applying for a permit. variance;
  275         4. Consideration of the criteria in s. 333.025(6), when
  276  determining whether to issue or deny a permit. variance; and
  277         5. That a permit may not no variance shall be approved
  278  solely on the basis that the such proposed structure will not
  279  exceed federal obstruction standards as contained in 14 C.F.R.
  280  ss. 77.15, 77.17, 77.19, 77.21, or 77.23 77.21, 77.23, 77.25,
  281  77.28, or 77.29, or any other federal aviation regulation.
  282         (d) The department is available to provide assistance to
  283  political subdivisions with regard to federal obstruction
  284  standards shall issue copies of the federal obstruction
  285  standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
  286  77.28, and 77.29 to each political subdivision having airport
  287  hazard areas and, in cooperation with political subdivisions,
  288  shall issue appropriate airport zoning maps depicting within
  289  each county the maximum allowable height of any structure or
  290  tree. Material distributed pursuant to this subsection shall be
  291  at no cost to authorized recipients.
  292         (2) In the manner provided in subsection (1), interim
  293  airport land use compatibility zoning regulations must shall be
  294  adopted, administered, and enforced. Airport land-use
  295  compatibility zoning When political subdivisions have adopted
  296  land development regulations must, at a minimum, in accordance
  297  with the provisions of chapter 163 which address the use of land
  298  in the manner consistent with the provisions herein, adoption of
  299  airport land use compatibility regulations pursuant to this
  300  subsection shall not be required. Interim airport land use
  301  compatibility zoning regulations shall consider the following:
  302         (a) Prohibiting any new and restricting any existing
  303  Whether sanitary landfills are located within the following
  304  areas:
  305         1. Within 10,000 feet from the nearest point of any runway
  306  used or planned to be used by turbine turbojet or turboprop
  307  aircraft.
  308         2. Within 5,000 feet from the nearest point of any runway
  309  used only by nonturbine piston-type aircraft.
  310         3. Outside the perimeters defined in subparagraphs 1. and
  311  2., but still within the lateral limits of the civil airport
  312  imaginary surfaces defined in 14 C.F.R. part 77.19 77.25. Case
  313  by-case review of such landfills is advised.
  314         (b) Where Whether any landfill is located and constructed
  315  so that it attracts or sustains hazardous bird movements from
  316  feeding, water, or roosting areas into, or across, the runways
  317  or approach and departure patterns of aircraft,. The political
  318  subdivision shall request from the airport authority or other
  319  governing body operating the airport a report on such bird
  320  feeding or roosting areas that at the time of the request are
  321  known to the airport. In preparing its report, the authority, or
  322  other governing body, shall consider whether the landfill
  323  operator will be required to incorporate bird management
  324  techniques or other practices to minimize bird hazards to
  325  airborne aircraft. The airport authority or other governing body
  326  shall respond to the political subdivision no later than 30 days
  327  after receipt of such request.
  328         (c) Where an airport authority or other governing body
  329  operating a publicly owned, public-use airport has conducted a
  330  noise study in accordance with the provisions of 14 C.F.R. part
  331  150, or where the public-use airport owner has established noise
  332  contours pursuant to another public study approved by the
  333  Federal Aviation Administration, incompatible uses, as
  334  established in 14 C.F.R. part 150, appendix A noise study, or as
  335  a part of an alternative FAA-approved public study, may not be
  336  permitted within the noise contours established by that study,
  337  except where such use is specifically contemplated by such study
  338  with appropriate mitigation or similar techniques described in
  339  the study neither residential construction nor any educational
  340  facility as defined in chapter 1013, with the exception of
  341  aviation school facilities, shall be permitted within the area
  342  contiguous to the airport defined by an outer noise contour that
  343  is considered incompatible with that type of construction by 14
  344  C.F.R. part 150, Appendix A or an equivalent noise level as
  345  established by other types of noise studies.
  346         (d) Where an airport authority or other governing body
  347  operating a publicly owned, public-use airport has not conducted
  348  a noise study, neither residential construction nor any
  349  educational facility as defined in chapter 1013, with the
  350  exception of aviation school facilities, shall be permitted
  351  within an area contiguous to the airport measuring one-half the
  352  length of the longest runway on either side of and at the end of
  353  each runway centerline.
  354         (3) In the manner provided in subsection (1), airport
  355  zoning regulations shall be adopted which restrict new
  356  incompatible uses, activities, or substantial modifications to
  357  existing incompatible uses construction within runway protection
  358  clear zones shall be adopted , including uses, activities, or
  359  construction in runway clear zones which are incompatible with
  360  normal airport operations or endanger public health, safety, and
  361  welfare by resulting in congregations of people, emissions of
  362  light or smoke, or attraction of birds. Such regulations shall
  363  prohibit the construction of an educational facility of a public
  364  or private school at either end of a runway of a publicly owned,
  365  public-use airport within an area which extends 5 miles in a
  366  direct line along the centerline of the runway, and which has a
  367  width measuring one-half the length of the runway. Exceptions
  368  approving construction of an educational facility within the
  369  delineated area shall only be granted when the political
  370  subdivision administering the zoning regulations makes specific
  371  findings detailing how the public policy reasons for allowing
  372  the construction outweigh health and safety concerns prohibiting
  373  such a location.
  374         (4) The procedures outlined in subsections (1), (2), and
  375  (3) for the adoption of such regulations are supplemental to any
  376  existing procedures utilized by political subdivisions in the
  377  adoption of such regulations.
  378         (4)(5) The department of Transportation shall provide
  379  technical assistance to any political subdivision requesting
  380  assistance in the preparation of an airport zoning regulation
  381  code. A copy of all local airport zoning codes, rules, and
  382  regulations, and amendments and proposed and granted permits
  383  variances thereto, shall be filed with the department. All
  384  updates and amendments to local airport zoning codes, rules, and
  385  regulations must be filed with the department within 30 days
  386  after adoption.
  387         (5)(6)Nothing in Subsection (2) and or subsection (3) may
  388  not shall be construed to require the removal, alteration, sound
  389  conditioning, or other change, or to interfere with the
  390  continued use or adjacent expansion of any educational structure
  391  or site in existence on July 1, 1993, or be construed to
  392  prohibit the construction of any new structure for which a site
  393  has been determined as provided in former s. 235.19, as of July
  394  1, 1993.
  395         (6) This section may not preclude an airport authority,
  396  local government, or other governing body operating a public-use
  397  airport from establishing airport protection zoning regulations
  398  more restrictive than herein prescribed in order to protect the
  399  safety and welfare of the public in the air and on the ground.
  400         Section 12. Section 333.04, Florida Statutes, is amended to
  401  read:
  402         333.04 Comprehensive zoning regulations; most stringent to
  403  prevail where conflicts occur.—
  404         (1) INCORPORATION.—In the event that a political
  405  subdivision has adopted, or hereafter adopts, a comprehensive
  406  plan or policy zoning ordinance regulating, among other things,
  407  the height of buildings, structures, and natural objects, and
  408  uses of property, any airport zoning regulations applicable to
  409  the same area or portion thereof may be incorporated in and made
  410  a part of such comprehensive plans or policies zoning
  411  regulations, and be administered and enforced in connection
  412  therewith.
  413         (2) CONFLICT.—In the event of conflict between any airport
  414  zoning regulations adopted under this chapter and any other
  415  regulations applicable to the same area, whether the conflict be
  416  with respect to the height of structures or vegetation trees,
  417  the use of land, or any other matter, and whether such
  418  regulations were adopted by the political subdivision which
  419  adopted the airport zoning regulations or by some other
  420  political subdivision, the more stringent limitation or
  421  requirement shall govern and prevail.
  422         Section 13. Section 333.05, Florida Statutes, is amended to
  423  read:
  424         333.05 Procedure for adoption of zoning regulations.—
  425         (1) NOTICE AND HEARING.—No Airport zoning regulations may
  426  not shall be adopted, amended, or deleted changed under this
  427  chapter except by action of the legislative body of the
  428  political subdivision in question, or the joint board provided
  429  in s. 333.03(1)(b) by the political subdivisions bodies therein
  430  provided and set forth, after a public hearing in relation
  431  thereto, at which parties in interest and citizens shall have an
  432  opportunity to be heard. Notice of the hearing shall be
  433  published at least once a week for 2 consecutive weeks in an
  434  official paper, or a paper of general circulation, in the
  435  political subdivision or subdivisions where in which are located
  436  the airport zoning regulations are areas to be adopted, amended,
  437  or deleted zoned.
  438         (2) AIRPORT ZONING COMMISSION.—Prior to the initial zoning
  439  of any airport area under this chapter the political subdivision
  440  or joint airport zoning board which is to adopt, administer, and
  441  enforce the regulations shall appoint a commission, to be known
  442  as the airport zoning commission, to recommend the boundaries of
  443  the various zones to be established and the regulations to be
  444  adopted therefor. Such commission shall make a preliminary
  445  report and hold public hearings thereon before submitting its
  446  final report, and the legislative body of the political
  447  subdivision or the joint airport zoning board shall not hold its
  448  public hearings or take any action until it has received the
  449  final report of such commission, and at least 15 days shall
  450  elapse between the receipt of the final report of the commission
  451  and the hearing to be held by the latter board. Where a planning
  452  city plan commission, airport commission, or comprehensive
  453  zoning commission already exists, it may be appointed as the
  454  airport zoning commission.
  455         Section 14. Section 333.06, Florida Statutes, is amended to
  456  read:
  457         333.06 Airport zoning requirements.—
  458         (1) REASONABLENESS.—All airport zoning regulations adopted
  459  under this chapter shall be reasonable and none shall not impose
  460  any requirement or restriction which is not reasonably necessary
  461  to effectuate the purposes of this chapter. In determining what
  462  regulations it may adopt, each political subdivision and joint
  463  airport zoning board shall consider, among other things, the
  464  character of the flying operations expected to be conducted at
  465  the airport, the nature of the terrain within the airport hazard
  466  area and runway protection clear zones, the character of the
  467  neighborhood, the uses to which the property to be zoned is put
  468  and adaptable, and the impact of any new use, activity, or
  469  construction on the airport’s operating capability and capacity.
  470         (2) INDEPENDENT JUSTIFICATION.—The purpose of all airport
  471  zoning regulations adopted under this chapter is to provide both
  472  airspace protection and land uses use compatible with airport
  473  operations. Each aspect of this purpose requires independent
  474  justification in order to promote the public interest in safety,
  475  health, and general welfare. Specifically, construction in a
  476  runway protection clear zone which does not exceed airspace
  477  height restrictions is not conclusive evidence per se that such
  478  use, activity, or construction is compatible with airport
  479  operations.
  480         (3) NONCONFORMING USES.—No airport protection zoning
  481  regulations adopted under this chapter shall require the
  482  removal, lowering, or other change or alteration of any
  483  structure or vegetation tree not conforming to the regulations
  484  when adopted or amended, or otherwise interfere with the
  485  continuance of any nonconforming use, except as provided in s.
  486  333.07(1) and (3).
  488  LOCAL GOVERNMENTS.—An airport master plan shall be prepared by
  489  each public-use publicly owned and operated airport licensed by
  490  the department of Transportation under chapter 330. The
  491  authorized entity having responsibility for governing the
  492  operation of the airport, when either requesting from or
  493  submitting to a state or federal governmental agency with
  494  funding or approval jurisdiction a “finding of no significant
  495  impact,” an environmental assessment, a site-selection study, an
  496  airport master plan, or any amendment to an airport master plan,
  497  shall submit simultaneously a copy of said request, submittal,
  498  assessment, study, plan, or amendments by certified mail to all
  499  affected local governments. For the purposes of this subsection,
  500  “affected local government” is defined as any city or county
  501  having jurisdiction over the airport and any city or county
  502  located within 2 miles of the boundaries of the land subject to
  503  the airport master plan.
  504         Section 15. Section 333.065, Florida Statutes, is repealed.
  505         Section 16. Section 333.07, Florida Statutes, is amended to
  506  read:
  507         333.07 Local government permitting of airspace obstructions
  508  Permits and variances.—
  509         (1) PERMITS.—
  510         (a) Any person proposing to erect, construct, or alter any
  511  structure, increase the height of any structure, permit the
  512  growth of any vegetation, or otherwise use his or her property
  513  in violation of the airport protection zoning regulations
  514  adopted under this chapter shall apply for a permit. A Any
  515  airport zoning regulations adopted under this chapter may
  516  require that a permit be obtained before any new structure or
  517  use may be constructed or established and before any existing
  518  use or structure may be substantially changed or substantially
  519  altered or repaired. In any event, however, all such regulations
  520  shall provide that before any nonconforming structure or tree
  521  may be replaced, substantially altered or repaired, rebuilt,
  522  allowed to grow higher, or replanted, a permit must be secured
  523  from the administrative agency authorized to administer and
  524  enforce the regulations, authorizing such replacement, change,
  525  or repair. No permit may not shall be issued granted that would
  526  allow the establishment or creation of an airport hazard or
  527  would permit a nonconforming structure or vegetation tree or
  528  nonconforming use to be made or become higher or to become a
  529  greater hazard to air navigation than it was when the applicable
  530  regulation was adopted or than it is when the application for a
  531  permit is made.
  532         (b) Whenever the political subdivision or its
  533  administrative agency determines that a nonconforming use or
  534  nonconforming structure or vegetation tree has been abandoned or
  535  is more than 80 percent torn down, destroyed, deteriorated, or
  536  decayed, a no permit may not shall be granted that would allow
  537  the said structure or vegetation tree to exceed the applicable
  538  height limit or otherwise deviate from the zoning regulations.;
  539  and, Whether an application is made for a permit under this
  540  subsection or not, the said agency may by appropriate action,
  541  compel the owner of the nonconforming structure or vegetation
  542  may be required tree, at his or her own expense, to lower,
  543  remove, reconstruct, alter, or equip such object as may be
  544  necessary to conform to the regulations. If the owner of the
  545  nonconforming structure or vegetation neglects or refuses tree
  546  shall neglect or refuse to comply with the such order for 10
  547  days after notice thereof, the said agency may report the
  548  violation to the political subdivision involved therein. The,
  549  which subdivision, through its appropriate agency, may proceed
  550  to have the object so lowered, removed, reconstructed, altered,
  551  or equipped, and assess the cost and expense thereof upon the
  552  object or the land where whereon it is or was located, and,
  553  unless such an assessment is paid within 90 days from the
  554  service of notice thereof on the owner or the owner’s agent, of
  555  such object or land, the sum shall be a lien on said land, and
  556  shall bear interest thereafter at the rate of 6 percent per
  557  annum until paid, and shall be collected in the same manner as
  558  taxes on real property are collected by said political
  559  subdivision, or, at the option of said political subdivision,
  560  said lien may be enforced in the manner provided for enforcement
  561  of liens by chapter 85.
  562         (c) Except as provided herein, applications for permits
  563  shall be granted, provided the matter applied for meets the
  564  provisions of this chapter and the regulations adopted and in
  565  force hereunder.
  567  determining whether to issue or deny a permit, the political
  568  subdivision or its administrative agency must consider the
  569  following, as applicable:
  570         (a) The safety of persons on the ground and in the air.
  571         (b) The safe and efficient use of navigable airspace.
  572         (c) The nature of the terrain and height of existing
  573  structures.
  574         (d) The construction or alteration of the proposed
  575  structure on the state licensing standards for a public-use
  576  airport, contained in chapter 330 and chapter 14-60 of the
  577  Florida Administrative Code.
  578         (e) The character of existing and planned flight operations
  579  and developments at public-use airports.
  580         (f) Federal airways; visual flight rules, flyways and
  581  corridors; and instrument approaches as designated by the
  582  Federal Aviation Administration.
  583         (g) The construction or alteration of the proposed
  584  structure on the minimum descent altitude or the decision height
  585  at the affected airport.
  586         (h) The cumulative effects on navigable airspace of all
  587  existing structures, and all other known proposed structures in
  588  the area.
  589         (i) Requirements contained in s. 333.03(2) and (3).
  590         (j) Additional requirements adopted by the local
  591  jurisdiction pertinent to evaluation and protection of airspace
  592  and airport operations.
  593         (2) VARIANCES.—
  594         (a) Any person desiring to erect any structure, increase
  595  the height of any structure, permit the growth of any tree, or
  596  otherwise use his or her property in violation of the airport
  597  zoning regulations adopted under this chapter or any land
  598  development regulation adopted pursuant to the provisions of
  599  chapter 163 pertaining to airport land use compatibility, may
  600  apply to the board of adjustment for a variance from the zoning
  601  regulations in question. At the time of filing the application,
  602  the applicant shall forward to the department by certified mail,
  603  return receipt requested, a copy of the application. The
  604  department shall have 45 days from receipt of the application to
  605  comment and to provide its comments or waiver of that right to
  606  the applicant and the board of adjustment. The department shall
  607  include its explanation for any objections stated in its
  608  comments. If the department fails to provide its comments within
  609  45 days of receipt of the application, its right to comment is
  610  waived. The board of adjustment may proceed with its
  611  consideration of the application only upon the receipt of the
  612  department’s comments or waiver of that right as demonstrated by
  613  the filing of a copy of the return receipt with the board.
  614  Noncompliance with this section shall be grounds to appeal
  615  pursuant to s. 333.08 and to apply for judicial relief pursuant
  616  to s. 333.11. Such variances may only be allowed where a literal
  617  application or enforcement of the regulations would result in
  618  practical difficulty or unnecessary hardship and where the
  619  relief granted would not be contrary to the public interest but
  620  would do substantial justice and be in accordance with the
  621  spirit of the regulations and this chapter. However, any
  622  variance may be allowed subject to any reasonable conditions
  623  that the board of adjustment may deem necessary to effectuate
  624  the purposes of this chapter.
  625         (b) The Department of Transportation shall have the
  626  authority to appeal any variance granted under this chapter
  627  pursuant to s. 333.08, and to apply for judicial relief pursuant
  628  to s. 333.11.
  630         (a) In issuing a granting any permit or variance under this
  631  section, the political subdivision or its administrative agency
  632  or board of adjustment shall require the owner of the structure
  633  or vegetation tree in question to install, operate, and maintain
  634  thereon, at his or her own expense, such marking and lighting in
  635  conformance with the specific standards established by the
  636  Federal Aviation Administration as may be necessary to indicate
  637  to aircraft pilots the presence of an obstruction.
  638         (b) Such marking and lighting shall conform to the specific
  639  standards established by rule by the department of
  640  Transportation.
  641         (c) Existing structures not in compliance on October 1,
  642  1988, shall be required to comply whenever the existing marking
  643  requires refurbishment, whenever the existing lighting requires
  644  replacement, or within 5 years of October 1, 1988, whichever
  645  occurs first.
  646         Section 17. Section 333.08, Florida Statutes, is repealed.
  647         Section 18. Section 333.09, Florida Statutes, is amended to
  648  read:
  649         333.09 Administration of airport zoning regulations.—
  650         (1)ADMINISTRATION AND ENFORCEMENT.—All airport zoning
  651  regulations adopted under this chapter shall provide for the
  652  administration and enforcement of such regulations by the
  653  political subdivisions or its by an administrative agency which
  654  may be an agency created by such regulations or any official,
  655  board, or other existing agency of the political subdivision
  656  adopting the regulations or of one of the political subdivisions
  657  which participated in the creation of the joint airport zoning
  658  board adopting the regulations, if satisfactory to that
  659  political subdivision, but in no case shall such administrative
  660  agency be or include any member of the board of adjustment. The
  661  duties of any administrative agency designated pursuant to this
  662  chapter shall include that of hearing and deciding all permits
  663  under s. 333.07 s. 333.07(1), deciding all matters under s.
  664  333.07(3), as they pertain to such agency, and all other matters
  665  under this chapter applying to said agency, but such agency
  666  shall not have or exercise any of the powers herein delegated to
  667  the board of adjustment.
  668         (2) LOCAL GOVERNMENT PROCESS.—
  669         (a) Any political subdivision required to adopt airport
  670  zoning regulations under this chapter must provide a process to:
  671         1.Issue or deny permits consistent with s. 333.07,
  672  including requests for exceptions to airport zoning regulations.
  673         2.Notify the department of receipt of a complete permit
  674  application consistent with s. 333.025(4).
  675         3.Enforce any permit, order, requirement, decision, or
  676  determination made by the administrative agency with respect to
  677  the airport zoning regulations.
  678         (b) Where a zoning board or permitting body already exists
  679  within a political subdivision, the zoning board or permitting
  680  body may implement the permitting and appeals process.
  681  Otherwise, the political subdivision shall implement the
  682  permitting and appeals process in a manner consistent with its
  683  constitutional powers and areas of jurisdiction.
  684         (3) APPEALS.—
  685         (a) Any person, political subdivision or its administrative
  686  agency, or any joint airport zoning board, which contends that
  687  the decision made by a political subdivision or its
  688  administrative agency is an improper application of airport
  689  zoning regulations may use the process established for an
  690  appeal.
  691         (b) All appeals taken under this section must be taken
  692  within a reasonable time, as provided by the political
  693  subdivision or its administrative agency, by filing with the
  694  entity from which appeal is taken a notice of appeal specifying
  695  the grounds for appeal.
  696         (c) An appeal stays all proceedings in the underlying
  697  action, unless the entity from which the appeal is taken
  698  certifies pursuant to the rules for appeal that by reason of the
  699  facts stated in the certificate, a stay would, in its opinion,
  700  cause imminent peril to life or property. In that case,
  701  proceedings may not be stayed except by an order of the
  702  political subdivision or its administrative agency following
  703  notice to the entity from which the appeal is taken and on good
  704  cause shown.
  705         (d) The political subdivision or its administrative agency
  706  must set a reasonable time for the hearing of appeals, give
  707  public notice and due notice to the parties in interest, and
  708  decide the same within a reasonable time. At the hearing, a
  709  party may appear in person, by agent, or by attorney.
  710         (e) The political subdivision or its administrative agency
  711  may, in conformity with the provisions of this chapter, reverse,
  712  affirm, or modify the underlying order, requirement, decision,
  713  or determination from which the appeal is taken.
  714         Section 19. Section 333.10, Florida Statutes, is repealed.
  715         Section 20. Section 333.11, Florida Statutes, is amended to
  716  read:
  717         333.11 Judicial review.—
  718         (1) Any person, aggrieved, or taxpayer affected, by any
  719  decision of a board of adjustment, or any governing body of a
  720  political subdivision or its administrative agency, or the
  721  Department of Transportation or any joint airport zoning board
  722  affected by a decision of a political subdivision, or its of any
  723  administrative agency hereunder, may apply for judicial relief
  724  to the circuit court in the judicial circuit where the political
  725  subdivision board of adjustment is located within 30 days after
  726  rendition of the decision by the board of adjustment. Review
  727  shall be by petition for writ of certiorari, which shall be
  728  governed by the Florida Rules of Appellate Procedure.
  729         (2) Upon presentation of such petition to the court, it may
  730  allow a writ of certiorari, directed to the board of adjustment,
  731  to review such decision of the board. The allowance of the writ
  732  shall not stay the proceedings upon the decision appealed from,
  733  but the court may, on application, on notice to the board, on
  734  due hearing and due cause shown, grant a restraining order.
  735         (3) The board of adjustment shall not be required to return
  736  the original papers acted upon by it, but it shall be sufficient
  737  to return certified or sworn copies thereof or of such portions
  738  thereof as may be called for by the writ. The return shall
  739  concisely set forth such other facts as may be pertinent and
  740  material to show the grounds of the decision appealed from and
  741  shall be verified.
  742         (2)(4) The court shall have exclusive jurisdiction to
  743  affirm, modify, or set aside the decision brought up for review,
  744  in whole or in part, and if need be, to order further
  745  proceedings by the political subdivision or its administrative
  746  agency board of adjustment. The findings of fact by the
  747  political subdivision or its administrative agency board, if
  748  supported by substantial evidence, shall be accepted by the
  749  court as conclusive. An, and no objection to a decision of the
  750  political subdivision or its administrative agency may not board
  751  shall be considered by the court unless such objection was
  752  raised in the underlying proceeding shall have been urged before
  753  the board, or, if it was not so urged, unless there were
  754  reasonable grounds for failure to do so.
  755         (3)(5)If In any case in which airport zoning regulations
  756  adopted under this chapter, although generally reasonable, are
  757  held by a court to interfere with the use and enjoyment of a
  758  particular structure or parcel of land to such an extent, or to
  759  be so onerous in their application to such a structure or parcel
  760  of land, as to constitute a taking or deprivation of that
  761  property in violation of the State Constitution or the
  762  Constitution of the United States, such holding shall not affect
  763  the application of such regulations to other structures and
  764  parcels of land, or such regulations as are not involved in the
  765  particular decision.
  766         (4)(6)No Judicial appeal shall be or is not permitted
  767  under this section, to any courts until the appellant has
  768  exhausted all its remedies through application for local
  769  government permits, exceptions, and appeals, as herein provided,
  770  save and except an appeal from a decision of the board of
  771  adjustment, the appeal herein provided being from such final
  772  decision of such board only, the appellant being hereby required
  773  to exhaust his or her remedies hereunder of application for
  774  permits, exceptions and variances, and appeal to the board of
  775  adjustment, and gaining a determination by said board, before
  776  being permitted to appeal to the court hereunder.
  777         Section 21. Section 333.12, Florida Statutes, is amended to
  778  read:
  779         333.12 Acquisition of air rights.—When In any case which:
  780  it is desired to remove, lower or otherwise terminate a
  781  nonconforming structure or use presents an air hazard and the
  782  structure cannot be removed, lowered, or otherwise terminated;
  783  or the approach protection necessary cannot, because of
  784  constitutional limitations, be provided by airport regulations
  785  under this chapter; or it appears advisable that the necessary
  786  approach protection be provided by acquisition of property
  787  rights rather than by airport zoning regulations, the political
  788  subdivision within which the property or nonconforming use is
  789  located, or the political subdivision owning or operating the
  790  airport or being served by it, may acquire, by purchase, grant,
  791  or condemnation in the manner provided by chapter 73, such air
  792  right, avigation navigation easement conveying the airspace over
  793  another property for use by the airport, or other estate,
  794  portion or interest in the property or nonconforming structure
  795  or use or such interest in the air above such property,
  796  vegetation tree, structure, or use, in question, as may be
  797  necessary to effectuate the purposes of this chapter, and in so
  798  doing, if by condemnation, to have the right to take immediate
  799  possession of the property, interest in property, air right, or
  800  other right sought to be condemned, at the time, and in the
  801  manner and form, and as authorized by chapter 74. In the case of
  802  the purchase of any property, or any easement, or estate or
  803  interest therein or the acquisition of the same by the power of
  804  eminent domain, the political subdivision making such purchase
  805  or exercising such power shall in addition to the damages for
  806  the taking, injury, or destruction of property also pay the cost
  807  of the removal and relocation of any structure or any public
  808  utility which is required to be moved to a new location.
  809         Section 22. Section 333.135, Florida Statutes, is created
  810  to read:
  811         333.135 Transition provisions.—
  812         (1) A provision of an airport zoning regulation in effect
  813  on July 1, 2015, that conflicts with this chapter must be
  814  amended to conform to the requirements of this chapter by July
  815  1, 2016.
  816         (2) By October 1, 2017, a political subdivision having an
  817  airport within its territorial limits, which has not adopted
  818  airport zoning regulations, must adopt airport zoning
  819  regulations which are consistent with this chapter.
  820         (3) For those political subdivisions that have not yet
  821  adopted airport zoning regulations pursuant to this chapter, the
  822  department shall administer the permitting process as provided
  823  in s. 333.025.
  824         Section 23. Section 333.14, Florida Statutes, is repealed.
  825         Section 24. Subsections (36) and (37) of section 334.03,
  826  Florida Statutes, are amended to read:
  827         334.03 Definitions.—When used in the Florida Transportation
  828  Code, the term:
  829         (36) “511” or “511 services” means all three-digit
  830  telecommunications dialing to access interactive voice response
  831  telephone traveler information services provided in the state to
  832  include, but not be limited to, the terms as defined by the
  833  Federal Communications Commission in FCC Order No. 00-256, July
  834  31, 2000.
  835         (37) “Interactive voice response” means a software
  836  application that accepts a combination of voice telephone input
  837  and touch-tone keypad selection and provides appropriate
  838  responses in the form of voice, fax, callback, e-mail, and other
  839  media.
  840         Section 25. Subsection (31) of section 334.044, Florida
  841  Statutes, is amended, and subsection (34) of that section is
  842  created, to read:
  843         334.044 Department; powers and duties.—The department shall
  844  have the following general powers and duties:
  845         (31) To provide oversight of traveler information systems
  846  that may include the provision of interactive voice response
  847  telephone systems accessible via the 511 services number as
  848  assigned by the Federal Communications Commission for traveler
  849  information services. The department shall ensure that uniform
  850  standards and criteria for the collection and dissemination of
  851  traveler information are applied using interactive voice
  852  response systems.
  853         (34) The department may assume responsibilities of the
  854  United States Department of Transportation with respect to
  855  highway projects within the state under the National
  856  Environmental Policy Act of 1969 (42 U.S.C. s. 4321 et seq.) and
  857  with respect to related responsibilities for environmental
  858  review, consultation, or other action required under any federal
  859  environmental law pertaining to review or approval of a highway
  860  project within the state. The department may assume
  861  responsibilities under 23 U.S.C. s. 327 and enter into one or
  862  more agreements, including memoranda of understanding, with the
  863  United States Secretary of Transportation related to the federal
  864  surface transportation project delivery program for the delivery
  865  of highway projects, as provided by 23 U.S.C. s. 327. The
  866  department may adopt rules to implement this subsection and may
  867  adopt relevant federal environmental standards as the standards
  868  for this state for a program described in this subsection.
  869  Sovereign immunity to civil suit in federal court is waived
  870  consistent with 23 U.S.C. s. 327 and limited to the compliance,
  871  discharge, or enforcement of a responsibility assumed by the
  872  department under this subsection.
  873  ================= T I T L E  A M E N D M E N T ================
  874  And the title is amended as follows:
  875         Delete line 148
  876  and insert:
  877         traveler information systems; removing a requirement
  878         that applied uniform standards and criteria for
  879         collection and dissemination of traveler information
  880         be accomplished using interactive voice response
  881         systems; authorizing the department to assume certain
  882         responsibilities under the National Environmental
  883         Policy Act with respect to highway projects within the
  884         state and certain related responsibilities relating to
  885         review or approval of a highway project; authorizing
  886         the department to enter into certain agreements
  887         related to the federal surface transportation project
  888         delivery program under certain federal law;
  889         authorizing the department to adopt implementing
  890         rules; authorizing the department to adopt certain
  891         relevant federal environmental standards; providing a
  892         limited waiver of sovereign immunity to suit in
  893         federal court consistent with certain federal law;
  894         amending s. 334.60,