Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 756
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  12/03/2015           .                                

       The Committee on Transportation (Brandes) recommended the
    1         Senate Amendment (with title amendment)
    3         Between lines 183 and 184
    4  insert:
    5         Section 5. Section 333.01, Florida Statutes, is amended to
    6  read:
    7         333.01 Definitions.—As used in For the purpose of this
    8  chapter, the term following words, terms, and phrases shall have
    9  the meanings herein given, unless otherwise specifically
   10  defined, or unless another intention clearly appears, or the
   11  context otherwise requires:
   12         (1) “Aeronautical study” means a Federal Aviation
   13  Administration study, conducted in accordance with the standards
   14  of 14 C.F.R. part 77, subpart C, and Federal Aviation
   15  Administration policy and guidance, on the effect of proposed
   16  construction or alteration upon the operation of air navigation
   17  facilities and the safe and efficient use of navigable airspace.
   18         (1) “Aeronautics” means transportation by aircraft; the
   19  operation, construction, repair, or maintenance of aircraft,
   20  aircraft power plants and accessories, including the repair,
   21  packing, and maintenance of parachutes; the design,
   22  establishment, construction, extension, operation, improvement,
   23  repair, or maintenance of airports, restricted landing areas, or
   24  other air navigation facilities, and air instruction.
   25         (2) “Airport” means any area of land or water designed and
   26  set aside for the landing and taking off of aircraft and used
   27  utilized or to be used utilized in the interest of the public
   28  for such purpose.
   29         (3) “Airport hazard” means an obstruction to air navigation
   30  which affects the safe and efficient use of navigable airspace
   31  or the operation of planned or existing air navigation and
   32  communication facilities any structure or tree or use of land
   33  which would exceed the federal obstruction standards as
   34  contained in 14 C.F.R. ss. 77.21, 77.23,77.25, 77.28, and 77.29
   35  and which obstructs the airspace required for the flight of
   36  aircraft in taking off, maneuvering, or landing or is otherwise
   37  hazardous to such taking off, maneuvering, or landing of
   38  aircraft and for which no person has previously obtained a
   39  permit or variance pursuant to s. 333.025 or s. 333.07.
   40         (4) “Airport hazard area” means any area of land or water
   41  upon which an airport hazard might be established if not
   42  prevented as provided in this chapter.
   43         (5) “Airport land use compatibility zoning” means airport
   44  zoning regulations governing restricting the use of land on,
   45  adjacent to, or in the immediate vicinity of airports in the
   46  manner enumerated in s. 333.03(2) to activities and purposes
   47  compatible with the continuation of normal airport operations
   48  including landing and takeoff of aircraft in order to promote
   49  public health, safety, and general welfare.
   50         (6) “Airport layout plan” means a set of scaled drawings
   51  that provide a graphic representation of the existing and future
   52  development plan for the airport and demonstrate the
   53  preservation and continuity of safety, utility, and efficiency
   54  of the airport detailed, scale engineering drawing, including
   55  pertinent dimensions, of an airport’s current and planned
   56  facilities, their locations, and runway usage.
   57         (7) “Airport master plan” means a comprehensive plan of an
   58  airport which typically describes current and future plans for
   59  airport development designed to support existing and future
   60  aviation demand.
   61         (8) “Airport protection zoning regulations” means airport
   62  zoning regulations governing airport hazards.
   63         (9) “Department” means the Department of Transportation as
   64  created under s. 20.23.
   65         (10) “Educational facility” means any structure, land, or
   66  use that includes a public or private kindergarten through 12th
   67  grade school, charter school, magnet school, college campus, or
   68  university campus. The term does not include space used for
   69  educational purposes within a multi-tenant building.
   70         (11) “Landfill” has the same meaning as provided in s.
   71  403.703.
   72         (12)(7) “Obstruction” means any existing or proposed
   73  manmade object or object, of natural growth or terrain, or
   74  structure construction or alteration that exceeds violates the
   75  federal obstruction standards contained in 14 C.F.R. part 77,
   76  subpart C ss. 77.21, 77.23, 77.25, 77.28, and 77.29. The term
   77  includes:
   78         (a) Any object of natural growth or terrain;
   79         (b) Permanent or temporary construction or alteration,
   80  including equipment or materials used and any permanent or
   81  temporary apparatus; or
   82         (c) Alteration of any permanent or temporary existing
   83  structure by a change in the structure’s height, including
   84  appurtenances, lateral dimensions, and equipment or materials
   85  used in the structure.
   86         (13)(8) “Person” means any individual, firm, copartnership,
   87  corporation, company, association, joint-stock association, or
   88  body politic, and includes any trustee, receiver, assignee, or
   89  other similar representative thereof.
   90         (14)(9) “Political subdivision” means the local government
   91  of any county, municipality city, town, village, or other
   92  subdivision or agency thereof, or any district or special
   93  district, port commission, port authority, or other such agency
   94  authorized to establish or operate airports in the state.
   95         (15) “Public-use airport” means an airport, publicly or
   96  privately owned, licensed by the state, which is open for use by
   97  the public.
   98         (16)(10) “Runway protection clear zone” means an area at
   99  ground level beyond the runway end to enhance the safety and
  100  protection of people and property on the ground a runway clear
  101  zone as defined in 14 C.F.R. s. 151.9(b).
  102         (17)(11) “Structure” means any object, constructed,
  103  erected, altered, or installed by humans, including, but not
  104  limited to without limitation thereof, buildings, towers,
  105  smokestacks, utility poles, power generation equipment, and
  106  overhead transmission lines.
  107         (18) “Substantial modification” means any repair,
  108  reconstruction, rehabilitation, or improvement of a structure
  109  when the actual cost of the repair, reconstruction,
  110  rehabilitation, or improvement of the structure equals or
  111  exceeds 50 percent of the market value of the structure.
  112         (12) “Tree” includes any plant of the vegetable kingdom.
  113         Section 6. Section 333.025, Florida Statutes, is amended to
  114  read:
  115         333.025 Permit required for obstructions structures
  116  exceeding federal obstruction standards.—
  117         (1) A person proposing the construction or alteration In
  118  order to prevent the erection of an obstruction must obtain a
  119  permit from the department structures dangerous to air
  120  navigation, subject to the provisions of subsections (2), (3),
  121  and (4), each person shall secure from the Department of
  122  Transportation a permit for the erection, alteration, or
  123  modification of any structure the result of which would exceed
  124  the federal obstruction standards as contained in 14 C.F.R. ss.
  125  77.21, 77.23, 77.25, 77.28, and 77.29. However, permits from the
  126  department of Transportation will be required only within an
  127  airport hazard area where federal obstruction standards are
  128  exceeded and if the proposed construction or alteration is
  129  within a 10-nautical-mile radius of the airport reference point,
  130  located at the approximate geometric geographical center of all
  131  usable runways of a public-use airport or a publicly owned or
  132  operated airport, a military airport, or an airport licensed by
  133  the state for public use.
  134         (2) Existing, planned, and proposed Affected airports will
  135  be considered as having those facilities on public-use airports
  136  contained in an which are shown on the airport master plan, in
  137  or an airport layout plan submitted to the Federal Aviation
  138  Administration, Airport District Office or in comparable
  139  military documents shall, and will be so protected from airport
  140  hazards. Planned or proposed public-use airports which are the
  141  subject of a notice or proposal submitted to the Federal
  142  Aviation Administration or to the Department of Transportation
  143  shall also be protected.
  144         (3) A permit is not required for existing structures that
  145  requirements of subsection (1) shall not apply to projects which
  146  received construction permits from the Federal Communications
  147  Commission for structures exceeding federal obstruction
  148  standards before prior to May 20, 1975, provided such structures
  149  now exist; a permit is not required for nor shall it apply to
  150  previously approved structures now existing, or any necessary
  151  replacement or repairs to such existing structures if, so long
  152  as the height and location are is unchanged.
  153         (4) If When political subdivisions have, in compliance with
  154  this chapter, adopted adequate airport airspace protection
  155  zoning regulations, placed in compliance with s. 333.03, and
  156  such regulations are on file with the department’s aviation
  157  office, and established a permitting process Department of
  158  Transportation, a permit for the construction or alteration of
  159  an obstruction is such structure shall not be required from the
  160  department of Transportation. Upon receipt of a complete permit
  161  application, the local government shall provide a copy of the
  162  application to the department’s aviation office by certified
  163  mail, return receipt requested, or by a delivery service that
  164  provides a receipt evidencing delivery. To evaluate technical
  165  consistency with this subsection, the department shall have a
  166  15-day review period following receipt of the application, which
  167  must run concurrently with the local government permitting
  168  process. Cranes, construction equipment, and other temporary
  169  structures in use or in place for a period not to exceed 18
  170  consecutive months are exempt from the department’s review,
  171  unless such review is requested by the department.
  172         (5) The department of Transportation shall, within 30 days
  173  after of the receipt of an application for a permit, issue or
  174  deny a permit for the construction or erection, alteration, or
  175  modification of an obstruction any structure the result of which
  176  would exceed federal obstruction standards as contained in 14
  177  C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29. The department
  178  shall review permit applications in conformity with s. 120.60.
  179         (6) In determining whether to issue or deny a permit, the
  180  department shall consider:
  181         (a) The safety of persons on the ground and in the air.
  182         (b) The safe and efficient use of navigable airspace.
  183         (c)(a) The nature of the terrain and height of existing
  184  structures.
  185         (b) Public and private interests and investments.
  186         (d) The effect of the construction or alteration of an
  187  obstruction on the state licensing standards for a public-use
  188  airport contained in chapter 330 and rules adopted thereunder.
  189         (e)(c) The character of existing and planned flight flying
  190  operations and planned developments at public-use of airports.
  191         (f)(d) Federal airways, visual flight rules, flyways and
  192  corridors, and instrument approaches as designated by the
  193  Federal Aviation Administration.
  194         (g)(e)The effect of Whether the construction or alteration
  195  of an obstruction on the proposed structure would cause an
  196  increase in the minimum descent altitude or the decision height
  197  at the affected airport.
  198         (f) Technological advances.
  199         (g) The safety of persons on the ground and in the air.
  200         (h) Land use density.
  201         (i) The safe and efficient use of navigable airspace.
  202         (h)(j) The cumulative effects on navigable airspace of all
  203  existing obstructions structures, proposed structures identified
  204  in the applicable jurisdictions’ comprehensive plans, and all
  205  other known proposed obstructions structures in the area.
  206         (7) When issuing a permit under this section, the
  207  department of Transportation shall, as a specific condition of
  208  such permit, require the owner obstruction marking and lighting
  209  of the obstruction to install, operate, and maintain, at the
  210  owner’s expense, marking and lighting in conformance with the
  211  specific standards established by the Federal Aviation
  212  Administration permitted structure as provided in s.
  213  333.07(3)(b).
  214         (8) The department may of Transportation shall not approve
  215  a permit for the construction or alteration erection of an
  216  obstruction a structure unless the applicant submits both
  217  documentation showing both compliance with the federal
  218  requirement for notification of proposed construction or
  219  alteration and a valid aeronautical study. A evaluation, and no
  220  permit may not shall be approved solely on the basis that the
  221  Federal Aviation Administration determined that the such
  222  proposed construction or alteration of an obstruction was not an
  223  airport hazard structure will not exceed federal obstruction
  224  standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
  225  77.28, or 77.29, or any other federal aviation regulation.
  226         (9) The denial of a permit under this section is subject to
  227  administrative review pursuant to chapter 120.
  228         Section 7. Section 333.03, Florida Statutes, is amended to
  229  read:
  230         333.03 Requirement Power to adopt airport protection zoning
  231  regulations.—
  232         (1)(a) In order to prevent the creation or establishment of
  233  airport hazards, Every political subdivision having an airport
  234  hazard area within its territorial limits shall, by October 1,
  235  1977, adopt, administer, and enforce, under the police power and
  236  in the manner and upon the conditions hereinafter prescribed in
  237  this section, airport protection zoning regulations for such
  238  airport hazard area.
  239         (b) If where an airport is owned or controlled by a
  240  political subdivision and any other political subdivision has
  241  land underlying any of the surfaces of the airport and upon
  242  which an obstruction may be constructed or altered under 14
  243  C.F.R. part 77, subpart C, the political subdivisions airport
  244  hazard area appertaining to such airport is located wholly or
  245  partly outside the territorial limits of said political
  246  subdivision, the political subdivision owning or controlling the
  247  airport and the political subdivision within which the airport
  248  hazard area is located, shall either:
  249         1. By interlocal agreement, in accordance with the
  250  provisions of chapter 163, adopt, administer, and enforce a set
  251  of airport protection zoning regulations applicable to the
  252  airport hazard area in question; or
  253         2. By ordinance, regulation, or resolution duly adopted,
  254  create a joint airport protection zoning board that, which board
  255  shall have the same power to adopt, administer, and enforce a
  256  set of airport protection zoning regulations applicable to the
  257  airport hazard area in question as that vested in paragraph (a)
  258  in the political subdivision within which such area is located.
  259  The Each such joint airport protection zoning board shall have
  260  as voting members two representatives appointed by each
  261  participating political subdivision participating in its
  262  creation and in addition a chair elected by a majority of the
  263  members so appointed. However, The airport manager or a
  264  representative of each airport in managers of the affected
  265  participating political subdivisions shall serve on the board in
  266  a nonvoting capacity.
  267         (c) Airport protection zoning regulations adopted under
  268  paragraph (a) must shall, at as a minimum, require:
  269         1. A permit variance for the construction or erection,
  270  alteration, or modification of any obstruction structure which
  271  would cause the structure to exceed the federal obstruction
  272  standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
  273  77.28, and 77.29;
  274         2. Obstruction marking and lighting for obstructions
  275  structures as specified in s. 333.07(3);
  276         3. Documentation showing compliance with the federal
  277  requirement for notification of proposed construction or
  278  alteration of structures and a valid aeronautical study
  279  evaluation submitted by each person applying for a permit
  280  variance;
  281         4. Consideration of the criteria in s. 333.025(6), when
  282  determining whether to issue or deny a permit variance; and
  283         5. That approval of a permit not be based no variance shall
  284  be approved solely on the determination by the Federal Aviation
  285  Administration basis that the such proposed structure is not an
  286  airport hazard will not exceed federal obstruction standards as
  287  contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, or 77.29,
  288  or any other federal aviation regulation.
  289         (d) The department shall be available to provide assistance
  290  to political subdivisions regarding federal obstruction
  291  standards shall issue copies of the federal obstruction
  292  standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
  293  77.28, and 77.29 to each political subdivision having airport
  294  hazard areas and, in cooperation with political subdivisions,
  295  shall issue appropriate airport zoning maps depicting within
  296  each county the maximum allowable height of any structure or
  297  tree. Material distributed pursuant to this subsection shall be
  298  at no cost to authorized recipients.
  299         (2) In the manner provided in subsection (1), political
  300  subdivisions shall adopt, administer, and enforce interim
  301  airport land use compatibility zoning regulations shall be
  302  adopted. Airport land use compatibility zoning When political
  303  subdivisions have adopted land development regulations shall, at
  304  a minimum, in accordance with the provisions of chapter 163
  305  which address the use of land in the manner consistent with the
  306  provisions herein, adoption of airport land use compatibility
  307  regulations pursuant to this subsection shall not be required.
  308  Interim airport land use compatibility zoning regulations shall
  309  consider the following:
  310         (a) The prohibition of new landfills and the restriction of
  311  existing landfills Whether sanitary landfills are located within
  312  the following areas:
  313         1. Within 10,000 feet from the nearest point of any runway
  314  used or planned to be used by turbine turbojet or turboprop
  315  aircraft.
  316         2. Within 5,000 feet from the nearest point of any runway
  317  used only by only nonturbine piston-type aircraft.
  318         3. Outside the perimeters defined in subparagraphs 1. and
  319  2., but still within the lateral limits of the civil airport
  320  imaginary surfaces defined in 14 C.F.R. s. 77.19 part 77.25.
  321  Case-by-case review of such landfills is advised.
  322         (b) Where Whether any landfill is located and constructed
  323  in a manner so that it attracts or sustains hazardous bird
  324  movements from feeding, water, or roosting areas into, or
  325  across, the runways or approach and departure patterns of
  326  aircraft. The landfill operator must political subdivision shall
  327  request from the airport authority or other governing body
  328  operating the airport a report on such bird feeding or roosting
  329  areas that at the time of the request are known to the airport.
  330  In preparing its report, the authority, or other governing body,
  331  shall consider whether the landfill will incorporate bird
  332  management techniques or other practices to minimize bird
  333  hazards to airborne aircraft. The airport authority or other
  334  governing body shall respond to the political subdivision no
  335  later than 30 days after receipt of such request.
  336         (c) Where an airport authority or other governing body
  337  operating a publicly owned, public-use airport has conducted a
  338  noise study in accordance with the provisions of 14 C.F.R. part
  339  150, or where a public-use airport owner has established noise
  340  contours pursuant to another public study approved by the
  341  Federal Aviation Administration, the prohibition of incompatible
  342  uses, as established in the noise study in 14 C.F.R. part 150,
  343  Appendix A or as a part of an alternative Federal Aviation
  344  Administration-approved public study, within the noise contours
  345  established by any of these studies, except if such uses are
  346  specifically contemplated by such study with appropriate
  347  mitigation or similar techniques described in the study neither
  348  residential construction nor any educational facility as defined
  349  in chapter 1013, with the exception of aviation school
  350  facilities, shall be permitted within the area contiguous to the
  351  airport defined by an outer noise contour that is considered
  352  incompatible with that type of construction by 14 C.F.R. part
  353  150, Appendix A or an equivalent noise level as established by
  354  other types of noise studies.
  355         (d) Where an airport authority or other governing body
  356  operating a publicly owned, public-use airport has not conducted
  357  a noise study, the prohibition of neither residential
  358  construction and nor any educational facility as defined in
  359  chapter 1013, with the exception of aviation school facilities,
  360  shall be permitted within an area contiguous to the airport
  361  measuring one-half the length of the longest runway on either
  362  side of and at the end of each runway centerline.
  363         (e)(3)The restriction of In the manner provided in
  364  subsection (1), airport zoning regulations shall be adopted
  365  which restrict new incompatible uses, activities, or substantial
  366  modifications to existing incompatible uses construction within
  367  runway protection clear zones, including uses, activities, or
  368  construction in runway clear zones which are incompatible with
  369  normal airport operations or endanger public health, safety, and
  370  welfare by resulting in congregations of people, emissions of
  371  light or smoke, or attraction of birds. Such regulations shall
  372  prohibit the construction of an educational facility of a public
  373  or private school at either end of a runway of a publicly owned,
  374  public-use airport within an area which extends 5 miles in a
  375  direct line along the centerline of the runway, and which has a
  376  width measuring one-half the length of the runway. Exceptions
  377  approving construction of an educational facility within the
  378  delineated area shall only be granted when the political
  379  subdivision administering the zoning regulations makes specific
  380  findings detailing how the public policy reasons for allowing
  381  the construction outweigh health and safety concerns prohibiting
  382  such a location.
  383         (4) The procedures outlined in subsections (1), (2), and
  384  (3) for the adoption of such regulations are supplemental to any
  385  existing procedures utilized by political subdivisions in the
  386  adoption of such regulations.
  387         (3)(5)Political subdivisions shall provide The Department
  388  of Transportation shall provide technical assistance to any
  389  political subdivision requesting assistance in the preparation
  390  of an airport zoning code. a copy of all local airport
  391  protection zoning codes, rules, and regulations and airport land
  392  use compatibility zoning regulations, and any related amendments
  393  and proposed and granted variances thereto, to shall be filed
  394  with the department’s aviation office within 30 days after
  395  adoption department.
  396         (4)(6)Nothing in Subsection (2) may not or subsection (3)
  397  shall be construed to require the removal, alteration, sound
  398  conditioning, or other change, or to interfere with the
  399  continued use or adjacent expansion of any educational facility
  400  structure or site in existence on July 1, 1993, or be construed
  401  to prohibit the construction of any new structure for which a
  402  site has been determined as provided in former s. 235.19, as of
  403  July 1, 1993.
  404         (5) This section does not prohibit an airport authority, a
  405  political subdivision or its administrative agency, or any other
  406  governing body operating a public-use airport from establishing
  407  airport zoning regulations more restrictive than prescribed in
  408  this section in order to protect the health, safety, and welfare
  409  of the public in the air and on the ground.
  410         Section 8. Section 333.04, Florida Statutes, is amended to
  411  read:
  412         333.04 Comprehensive zoning regulations; most stringent to
  413  prevail where conflicts occur.—
  414         (1) INCORPORATION.—In the event that a political
  415  subdivision has adopted, or hereafter adopts, a comprehensive
  416  plan or policy zoning ordinance regulating, among other things,
  417  the height of buildings, structures, and natural objects, and
  418  uses of property, any airport zoning regulations applicable to
  419  the same area or portion thereof may be incorporated in and made
  420  a part of such comprehensive plan or policy zoning regulations,
  421  and be administered and enforced in connection therewith.
  422         (2) CONFLICT.—In the event of conflict between any airport
  423  zoning regulations adopted under this chapter and any other
  424  regulations applicable to the same area, whether the conflict be
  425  with respect to the height of structures or vegetation trees,
  426  the use of land, or any other matter, and whether such
  427  regulations were adopted by the political subdivision that which
  428  adopted the airport zoning regulations or by some other
  429  political subdivision, the more stringent limitation or
  430  requirement shall govern and prevail.
  431         Section 9. Section 333.05, Florida Statutes, is amended to
  432  read:
  433         333.05 Procedure for adoption of airport zoning
  434  regulations.—
  435         (1) NOTICE AND HEARING.—No Airport zoning regulations may
  436  not shall be adopted, amended, or repealed changed under this
  437  chapter except by action of the legislative body of the
  438  political subdivision or affected subdivisions in question, or
  439  the joint board provided in s. 333.03(1)(b)2. s. 333.03(1)(b) by
  440  the political subdivisions bodies therein provided and set
  441  forth, after a public hearing in relation thereto, at which
  442  parties in interest and citizens shall have an opportunity to be
  443  heard. Notice of the hearing shall be published at least once a
  444  week for 2 consecutive weeks in a newspaper an official paper,
  445  or a paper of general circulation, in the political subdivision
  446  or subdivisions where in which are located the airport zoning
  447  regulations are areas to be adopted, amended, or repealed zoned.
  448         (2) AIRPORT ZONING COMMISSION.—Before Prior to the initial
  449  zoning of any airport area under this chapter, the political
  450  subdivision or joint airport zoning board that which is to
  451  adopt, administer, and enforce the regulations must shall
  452  appoint a commission, to be known as the airport zoning
  453  commission, to recommend the boundaries of the various zones to
  454  be established and the regulations to be adopted therefor. Such
  455  commission shall make a preliminary report and hold public
  456  hearings thereon before submitting its final report, and the
  457  legislative body of the political subdivision or the joint
  458  airport zoning board may shall not hold its public hearings or
  459  take any action until it has received the final report of such
  460  commission, and at least 15 days shall elapse between the
  461  receipt of the final report of the commission and the hearing to
  462  be held by the latter board. If Where a planning city plan
  463  commission, an airport commission, or a comprehensive zoning
  464  commission already exists, it may be appointed as the airport
  465  zoning commission.
  466         Section 10. Section 333.06, Florida Statutes, is amended to
  467  read:
  468         333.06 Airport zoning regulation requirements.—
  469         (1) REASONABLENESS.—All airport zoning regulations adopted
  470  under this chapter shall be reasonable and may not none shall
  471  impose any requirement or restriction which is not reasonably
  472  necessary to effectuate the purposes of this chapter. In
  473  determining what regulations it may adopt, each political
  474  subdivision and joint airport zoning board shall consider, among
  475  other things, the character of the flying operations expected to
  476  be conducted at the airport, the nature of the terrain within
  477  the airport hazard area and runway protection clear zones, the
  478  character of the neighborhood, the uses to which the property to
  479  be zoned is put and adaptable, and the impact of any new use,
  480  activity, or construction on the airport’s operating capability
  481  and capacity.
  482         (2) INDEPENDENT JUSTIFICATION.—The purpose of all airport
  483  zoning regulations adopted under this chapter is to provide both
  484  airspace protection and land uses use compatible with airport
  485  operations. Each aspect of this purpose requires independent
  486  justification in order to promote the public interest in safety,
  487  health, and general welfare. Specifically, construction in a
  488  runway protection clear zone which does not exceed airspace
  489  height restrictions is not conclusive evidence per se that such
  490  use, activity, or construction is compatible with airport
  491  operations.
  492         (3) NONCONFORMING USES.—An No airport protection zoning
  493  regulation regulations adopted under this chapter may not shall
  494  require the removal, lowering, or other change or alteration of
  495  any obstruction structure or tree not conforming to the
  496  regulation regulations when adopted or amended, or otherwise
  497  interfere with the continuance of any nonconforming use, except
  498  as provided in s. 333.07(1) and (3).
  500  LOCAL GOVERNMENTS.—An airport master plan shall be prepared by
  501  each public-use publicly owned and operated airport licensed by
  502  the department of Transportation under chapter 330. The
  503  authorized entity having responsibility for governing the
  504  operation of the airport, when either requesting from or
  505  submitting to a state or federal governmental agency with
  506  funding or approval jurisdiction a “finding of no significant
  507  impact,” an environmental assessment, a site-selection study, an
  508  airport master plan, or any amendment to an airport master plan,
  509  shall submit simultaneously a copy of said request, submittal,
  510  assessment, study, plan, or amendments by certified mail to all
  511  affected local governments. As used in For the purposes of this
  512  subsection, the term “affected local government” is defined as
  513  any municipality city or county having jurisdiction over the
  514  airport and any municipality city or county located within 2
  515  miles of the boundaries of the land subject to the airport
  516  master plan.
  517         Section 11. Section 333.065, Florida Statutes, is repealed.
  518         Section 12. Section 333.07, Florida Statutes, is amended to
  519  read:
  520         333.07 Local government permitting of airspace obstructions
  521  Permits and variances.—
  522         (1) PERMITS.—
  523         (a) A person proposing to construct, alter, or allow an
  524  airport obstruction in an airport hazard area in violation of
  525  the airport protection zoning regulations adopted under this
  526  chapter must apply for a permit. A Any airport zoning
  527  regulations adopted under this chapter may require that a permit
  528  be obtained before any new structure or use may be constructed
  529  or established and before any existing use or structure may be
  530  substantially changed or substantially altered or repaired. In
  531  any event, however, all such regulations shall provide that
  532  before any nonconforming structure or tree may be replaced,
  533  substantially altered or repaired, rebuilt, allowed to grow
  534  higher, or replanted, a permit must be secured from the
  535  administrative agency authorized to administer and enforce the
  536  regulations, authorizing such replacement, change, or repair. No
  537  permit may not shall be issued if it granted that would allow
  538  the establishment or creation of an airport hazard or if it
  539  would permit a nonconforming obstruction structure or tree or
  540  nonconforming use to be made or become higher or to become a
  541  greater hazard to air navigation than it was when the applicable
  542  airport protection zoning regulation was adopted which allowed
  543  the establishment or creation of the obstruction, or than it is
  544  when the application for a permit is made.
  545         (b) If Whenever the political subdivision or its
  546  administrative agency determines that a nonconforming
  547  obstruction use or nonconforming structure or tree has been
  548  abandoned or is more than 80 percent torn down, destroyed,
  549  deteriorated, or decayed, a no permit may not shall be granted
  550  if it that would allow the obstruction said structure or tree to
  551  exceed the applicable height limit or otherwise deviate from the
  552  airport protection zoning regulations.; and, Whether or not an
  553  application is made for a permit under this subsection or not,
  554  the said agency may by appropriate action, compel the owner of
  555  the nonconforming obstruction may be required structure or tree,
  556  at his or her own expense, to lower, remove, reconstruct, alter,
  557  or equip such obstruction object as may be necessary to conform
  558  to the current airport protection zoning regulations. If the
  559  owner of the nonconforming obstruction neglects or refuses
  560  structure or tree shall neglect or refuse to comply with such
  561  requirement order for 10 days after notice thereof, the
  562  administrative said agency may report the violation to the
  563  political subdivision involved therein, which subdivision,
  564  through its appropriate agency, may proceed to have the
  565  obstruction object so lowered, removed, reconstructed, altered,
  566  or equipped, and assess the cost and expense thereof upon the
  567  owner of the obstruction object or the land whereon it is or was
  568  located, and, unless such an assessment is paid within 90 days
  569  from the service of notice thereof on the owner or the owner’s
  570  agent, of such object or land, the sum shall be a lien on said
  571  land, and shall bear interest thereafter at the rate of 6
  572  percent per annum until paid, and shall be collected in the same
  573  manner as taxes on real property are collected by said political
  574  subdivision, or, at the option of said political subdivision,
  575  said lien may be enforced in the manner provided for enforcement
  576  of liens by chapter 85.
  577         (c) Except as provided herein, applications for permits
  578  shall be granted, provided the matter applied for meets the
  579  provisions of this chapter and the regulations adopted and in
  580  force hereunder.
  582  determining whether to issue or deny a permit, the political
  583  subdivision or its administrative agency must consider the
  584  following, as applicable:
  585         (a) The safety of persons on the ground and in the air.
  586         (b) The safe and efficient use of navigable airspace.
  587         (c) The nature of the terrain and height of existing
  588  structures.
  589         (d) The effect of the construction or alteration on the
  590  state licensing standards for a public-use airport contained in
  591  chapter 330 and rules adopted thereunder.
  592         (e) The character of existing and planned flight operations
  593  and developments at public-use airports.
  594         (f) Federal airways, visual flight rules, flyways and
  595  corridors, and instrument approaches as designated by the
  596  Federal Aviation Administration.
  597         (g) The effect of the construction or alteration of the
  598  proposed structure on the minimum descent altitude or the
  599  decision height at the affected airport.
  600         (h) The cumulative effects on navigable airspace of all
  601  existing structures and all other known proposed structures in
  602  the area.
  603         (i) Additional requirements adopted by the political
  604  subdivision or administrative agency pertinent to evaluation and
  605  protection of airspace and airport operations.
  606         (2) VARIANCES.—
  607         (a) Any person desiring to erect any structure, increase
  608  the height of any structure, permit the growth of any tree, or
  609  otherwise use his or her property in violation of the airport
  610  zoning regulations adopted under this chapter or any land
  611  development regulation adopted pursuant to the provisions of
  612  chapter 163 pertaining to airport land use compatibility, may
  613  apply to the board of adjustment for a variance from the zoning
  614  regulations in question. At the time of filing the application,
  615  the applicant shall forward to the department by certified mail,
  616  return receipt requested, a copy of the application. The
  617  department shall have 45 days from receipt of the application to
  618  comment and to provide its comments or waiver of that right to
  619  the applicant and the board of adjustment. The department shall
  620  include its explanation for any objections stated in its
  621  comments. If the department fails to provide its comments within
  622  45 days of receipt of the application, its right to comment is
  623  waived. The board of adjustment may proceed with its
  624  consideration of the application only upon the receipt of the
  625  department’s comments or waiver of that right as demonstrated by
  626  the filing of a copy of the return receipt with the board.
  627  Noncompliance with this section shall be grounds to appeal
  628  pursuant to s. 333.08 and to apply for judicial relief pursuant
  629  to s. 333.11. Such variances may only be allowed where a literal
  630  application or enforcement of the regulations would result in
  631  practical difficulty or unnecessary hardship and where the
  632  relief granted would not be contrary to the public interest but
  633  would do substantial justice and be in accordance with the
  634  spirit of the regulations and this chapter. However, any
  635  variance may be allowed subject to any reasonable conditions
  636  that the board of adjustment may deem necessary to effectuate
  637  the purposes of this chapter.
  638         (b) The Department of Transportation shall have the
  639  authority to appeal any variance granted under this chapter
  640  pursuant to s. 333.08, and to apply for judicial relief pursuant
  641  to s. 333.11.
  643         (a) In issuing a granting any permit or variance under this
  644  section, the political subdivision or its administrative agency
  645  or board of adjustment shall require the owner of the
  646  obstruction structure or tree in question to install, operate,
  647  and maintain thereon, at his or her own expense, such marking
  648  and lighting in conformance with the specific standards
  649  established by the Federal Aviation Administration as may be
  650  necessary to indicate to aircraft pilots the presence of an
  651  obstruction.
  652         (b) Such marking and lighting shall conform to the specific
  653  standards established by rule by the Department of
  654  Transportation.
  655         (c) Existing structures not in compliance on October 1,
  656  1988, shall be required to comply whenever the existing marking
  657  requires refurbishment, whenever the existing lighting requires
  658  replacement, or within 5 years of October 1, 1988, whichever
  659  occurs first.
  660         Section 13. Section 333.08, Florida Statutes, is repealed.
  661         Section 14. Section 333.09, Florida Statutes, is amended to
  662  read:
  663         333.09 Administration of airport protection zoning
  664  regulations.—
  665         (1) ADMINISTRATION.—All airport protection zoning
  666  regulations adopted under this chapter shall provide for the
  667  administration and enforcement of such regulations by the
  668  political subdivision or its administrative agency an
  669  administrative agency which may be an agency created by such
  670  regulations or any official, board, or other existing agency of
  671  the political subdivision adopting the regulations or of one of
  672  the political subdivisions which participated in the creation of
  673  the joint airport zoning board adopting the regulations, if
  674  satisfactory to that political subdivision, but in no case shall
  675  such administrative agency be or include any member of the board
  676  of adjustment. The duties of any administrative agency
  677  designated pursuant to this chapter must shall include that of
  678  hearing and deciding all permits under s. 333.07 s. 333.07(1),
  679  deciding all matters under s. 333.07(3), as they pertain to such
  680  agency, and all other matters under this chapter applying to
  681  said agency, but such agency shall not have or exercise any of
  682  the powers herein delegated to the board of adjustment.
  683         (2) LOCAL GOVERNMENT PROCESS.—
  684         (a) A political subdivision required to adopt airport
  685  zoning regulations under this chapter shall provide a process
  686  to:
  687         1. Issue or deny permits consistent with s. 333.07.
  688         2. Provide the department with a copy of a complete
  689  application consistent with s. 333.025(4).
  690         3. Enforce the issuance or denial of a permit or other
  691  determination made by the administrative agency with respect to
  692  airport zoning regulations.
  693         (b) If a zoning board or permitting body already exists
  694  within a political subdivision, the zoning board or permitting
  695  body may implement the airport zoning regulation permitting and
  696  appeals processes.
  697         (3) APPEALS.—
  698         (a) A person, a political subdivision or its administrative
  699  agency, or a joint airport zoning board that contends that a
  700  decision made by a political subdivision or its administrative
  701  agency is an improper application of airport zoning regulations
  702  may use the process established for an appeal.
  703         (b) All appeals taken under this section must be taken
  704  within a reasonable time, as provided by the political
  705  subdivision or its administrative agency, by filing with the
  706  entity from which the appeal is taken a notice of appeal
  707  specifying the grounds for appeal.
  708         (c) An appeal shall stay all proceedings in the underlying
  709  action appealed from, unless the entity from which the appeal is
  710  taken certifies pursuant to the rules for appeal that by reason
  711  of the facts stated in the certificate a stay would, in its
  712  opinion, cause imminent peril to life or property. In such
  713  cases, proceedings may not be stayed except by order of the
  714  political subdivision or its administrative agency on notice to
  715  the entity from which the appeal is taken and for good cause
  716  shown.
  717         (d) The political subdivision or its administrative agency
  718  shall set a reasonable time for the hearing of appeals, give
  719  public notice and due notice to the parties in interest, and
  720  decide the same within a reasonable time. Upon the hearing, any
  721  party may appear in person, by agent, or by attorney.
  722         (e) The political subdivision or its administrative agency
  723  may, in conformity with this chapter, affirm, reverse, or modify
  724  the decision on the permit or other determination from which the
  725  appeal is taken.
  726         Section 15. Section 333.10, Florida Statutes, is repealed.
  727         Section 16. Section 333.11, Florida Statutes, is amended to
  728  read:
  729         333.11 Judicial review.—
  730         (1) Any person, aggrieved, or taxpayer affected, by any
  731  decision of a board of adjustment, or any governing body of a
  732  political subdivision, or the Department of Transportation or
  733  any joint airport zoning board affected by a decision of a
  734  political subdivision, or its of any administrative agency
  735  hereunder, may apply for judicial relief to the circuit court in
  736  the judicial circuit where the political subdivision board of
  737  adjustment is located within 30 days after rendition of the
  738  decision by the board of adjustment. Review shall be by petition
  739  for writ of certiorari, which shall be governed by the Florida
  740  Rules of Appellate Procedure.
  741         (2) Upon presentation of such petition to the court, it may
  742  allow a writ of certiorari, directed to the board of adjustment,
  743  to review such decision of the board. The allowance of the writ
  744  shall not stay the proceedings upon the decision appealed from,
  745  but the court may, on application, on notice to the board, on
  746  due hearing and due cause shown, grant a restraining order.
  747         (3) The board of adjustment shall not be required to return
  748  the original papers acted upon by it, but it shall be sufficient
  749  to return certified or sworn copies thereof or of such portions
  750  thereof as may be called for by the writ. The return shall
  751  concisely set forth such other facts as may be pertinent and
  752  material to show the grounds of the decision appealed from and
  753  shall be verified.
  754         (2)(4) The court has shall have exclusive jurisdiction to
  755  affirm, reverse, or modify, or set aside the decision on the
  756  permit or other determination from which the appeal is taken
  757  brought up for review, in whole or in part, and, if appropriate
  758  need be, to order further proceedings by the political
  759  subdivision or its administrative agency board of adjustment.
  760  The findings of fact by the political subdivision or its
  761  administrative agency board, if supported by substantial
  762  evidence, shall be accepted by the court as conclusive, and an
  763  no objection to a decision of the political subdivision or its
  764  administrative agency may not board shall be considered by the
  765  court unless such objection was raised in the underlying
  766  proceeding shall have been urged before the board, or, if it was
  767  not so urged, unless there were reasonable grounds for failure
  768  to do so.
  769         (3)(5)If In any case in which airport zoning regulations
  770  adopted under this chapter, although generally reasonable, are
  771  held by a court to interfere with the use and enjoyment of a
  772  particular structure or parcel of land to such an extent, or to
  773  be so onerous in their application to such a structure or parcel
  774  of land, as to constitute a taking or deprivation of that
  775  property in violation of the State Constitution or the
  776  Constitution of the United States, such holding shall not affect
  777  the application of such regulations to other structures and
  778  parcels of land, or such regulations as are not involved in the
  779  particular decision.
  780         (4)(6)A judicial No appeal to any court may not shall be
  781  or is permitted under this section until the appellant has
  782  exhausted all of its remedies through application for local
  783  government permits, exceptions, and appeals, to any courts, as
  784  herein provided, save and except an appeal from a decision of
  785  the board of adjustment, the appeal herein provided being from
  786  such final decision of such board only, the appellant being
  787  hereby required to exhaust his or her remedies hereunder of
  788  application for permits, exceptions and variances, and appeal to
  789  the board of adjustment, and gaining a determination by said
  790  board, before being permitted to appeal to the court hereunder.
  791         Section 17. Section 333.12, Florida Statutes, is amended to
  792  read:
  793         333.12 Acquisition of air rights.—If In any case which: it
  794  is desired to remove, lower or otherwise terminate a
  795  nonconforming obstruction is determined to be an airport hazard
  796  and the owner will not remove, lower, or otherwise eliminate it
  797  structure or use; or the approach protection necessary cannot,
  798  because of constitutional limitations, be provided by airport
  799  zoning regulations under this chapter; or it appears advisable
  800  that the necessary approach protection be provided by
  801  acquisition of property rights rather than by airport zoning
  802  regulations, the political subdivision within which the property
  803  or nonconforming obstruction use is located, or the political
  804  subdivision owning or operating the airport or being served by
  805  it, may acquire, by purchase, grant, or condemnation in the
  806  manner provided by chapter 73, such property, air right,
  807  avigation navigation easement, or other estate, portion, or
  808  interest in the property or nonconforming obstruction structure
  809  or use or such interest in the air above such property, tree,
  810  structure, or use, in question, as may be necessary to
  811  effectuate the purposes of this chapter, and in so doing, if by
  812  condemnation, to have the right to take immediate possession of
  813  the property, interest in property, air right, or other right
  814  sought to be condemned, at the time, and in the manner and form,
  815  and as authorized by chapter 74. In the case of the purchase of
  816  any property, or any easement, or estate or interest therein or
  817  the acquisition of the same by the power of eminent domain, the
  818  political subdivision making such purchase or exercising such
  819  power shall, in addition to the damages for the taking, injury,
  820  or destruction of property, also pay the cost of the removal and
  821  relocation of any structure or any public utility that which is
  822  required to be moved to a new location.
  823         Section 18. Section 333.13, Florida Statutes, is amended to
  824  read:
  825         333.13 Enforcement and remedies.—
  826         (1) Each violation of this chapter or of any airport zoning
  827  regulations, orders, or rulings adopted promulgated or made
  828  pursuant to this chapter shall constitute a misdemeanor of the
  829  second degree, punishable as provided in s. 775.082 or s.
  830  775.083, and each day a violation continues to exist shall
  831  constitute a separate offense.
  832         (2) In addition, the political subdivision or agency
  833  adopting the airport zoning regulations under this chapter may
  834  institute in any court of competent jurisdiction an action to
  835  prevent, restrain, correct, or abate any violation of this
  836  chapter or of airport zoning regulations adopted under this
  837  chapter or of any order or ruling made in connection with their
  838  administration or enforcement, and the court shall adjudge to
  839  the plaintiff such relief, by way of injunction, (which may be
  840  mandatory,) or otherwise, as may be proper under all the facts
  841  and circumstances of the case in order to fully effectuate the
  842  purposes of this chapter and of the regulations adopted and
  843  orders and rulings made pursuant thereto.
  844         (3) The department of Transportation may institute a civil
  845  action for injunctive relief in the appropriate circuit court to
  846  prevent violation of any provision of this chapter.
  847         Section 19. Section 333.135, Florida Statutes, is created
  848  to read:
  849         333.135 Transition provisions.—
  850         (1) Any airport zoning regulation in effect on July 1,
  851  2016, which includes provisions in conflict with this chapter
  852  shall be amended to conform to the requirements of this chapter
  853  by July 1, 2017.
  854         (2) Any political subdivision having an airport within its
  855  territorial limits which has not adopted airport zoning
  856  regulations shall, by July 1, 2017, adopt airport zoning
  857  regulations consistent with this chapter.
  858         (3) For those political subdivisions that have not yet
  859  adopted airport zoning regulations pursuant to this chapter, the
  860  department shall administer the permitting process as provided
  861  in s. 333.025.
  862         Section 20. Section 333.14, Florida Statutes, is repealed.
  863  ================= T I T L E  A M E N D M E N T ================
  864  And the title is amended as follows:
  865         Delete line 16
  866  and insert:
  867         routes to, a port-of-entry location; amending s.
  868         333.01, F.S.; defining and redefining terms; amending
  869         s. 333.025, F.S.; revising the requirements relating
  870         to permits required for obstructions; requiring
  871         certain existing, planned, and proposed facilities to
  872         be protected from airport hazards; requiring the local
  873         government to provide a copy of a complete permit
  874         application to the Department of Transportation’s
  875         aviation office, subject to certain requirements;
  876         requiring the department to have a specified review
  877         period following receipt of such application;
  878         providing exemptions from such review under certain
  879         circumstances; revising the circumstances under which
  880         the department issues or denies a permit; revising the
  881         department’s requirements before a permit is issued;
  882         revising the circumstances under which the department
  883         is prohibited from approving a permit; providing that
  884         the denial of a permit is subject to administrative
  885         review; amending s. 333.03, F.S.; conforming
  886         provisions to changes made by the act; revising the
  887         circumstances under which a political subdivision
  888         owning or controlling an airport and another political
  889         subdivision adopt, administer, and enforce airport
  890         protection zoning regulations or create a joint
  891         airport protection zoning board; revising the
  892         provisions relating to airport protection zoning
  893         regulations and joint airport protection zoning
  894         boards; requiring the department to be available to
  895         provide assistance to political subdivisions regarding
  896         federal obstruction standards; deleting provisions
  897         relating to certain duties of the department; revising
  898         provisions relating to airport land use compatibility
  899         zoning regulations; revising construction; providing
  900         applicability; amending s. 333.04, F.S.; authorizing
  901         certain airport zoning regulations to be incorporated
  902         in and made a part of comprehensive plans and
  903         policies, rather than a part of comprehensive zoning
  904         regulations, under certain circumstances; revising
  905         requirements relating to applicability; amending s.
  906         333.05, F.S.; revising procedures for adoption of
  907         airport zoning regulations; amending s. 333.06, F.S.;
  908         revising airport zoning regulation requirements;
  909         repealing s. 333.065, F.S., relating to guidelines
  910         regarding land use near airports; amending s. 333.07,
  911         F.S.; revising requirements relating to local
  912         government permitting of airspace obstructions;
  913         requiring a person proposing to construct, alter, or
  914         allow an airport obstruction to apply for a permit
  915         under certain circumstances; revising the
  916         circumstances under which a permit is prohibited from
  917         being issued; revising the circumstances under which
  918         the owner of a nonconforming structure is required to
  919         alter such structure to conform to the current airport
  920         protection zoning regulations; deleting provisions
  921         relating to variances from zoning regulations;
  922         requiring a political subdivision or its
  923         administrative agency to consider specified criteria
  924         in determining whether to issue or deny a permit;
  925         revising the requirements for marking and lighting in
  926         conformance with certain standards; repealing s.
  927         333.08, F.S., relating to appeals of decisions
  928         concerning airport zoning regulations; amending s.
  929         333.09, F.S.; revising the requirements relating to
  930         the administration of airport protection zoning
  931         regulations; requiring all airport protection zoning
  932         regulations to provide for the administration and
  933         enforcement of such regulations by the political
  934         subdivision or its administrative agency; requiring a
  935         political subdivision adopting airport zoning
  936         regulations to provide a permitting process, subject
  937         to certain requirements; requiring a zoning board or
  938         permitting body to implement the airport zoning
  939         regulation permitting and appeals process if such
  940         board or body already exists within a political
  941         subdivision; authorizing a person, a political
  942         subdivision or its administrative agency, or a
  943         specified joint zoning board to use the process
  944         established for an appeal, subject to certain
  945         requirements; repealing s. 333.10, F.S., relating to
  946         boards of adjustment provided for by airport zoning
  947         regulations; amending s. 333.11, F.S.; revising the
  948         requirements relating to judicial review; amending s.
  949         333.12, F.S.; revising requirements relating to the
  950         acquisition of air rights; amending s. 333.13, F.S.;
  951         conforming provisions to changes made by the act;
  952         creating s. 333.135, F.S.; requiring conflicting
  953         airport zoning regulations in effect on a specified
  954         date to be amended to conform to certain requirements;
  955         requiring certain political subdivisions to adopt
  956         certain airport zoning regulations by a specified
  957         date; requiring the department to administer a
  958         specified permitting process for certain political
  959         subdivisions; repealing s. 333.14, F.S., relating to a
  960         short title; amending s.