Florida Senate - 2016              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 756
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development)
    1                        A bill to be entitled                      
    2         An act relating to the Department of Transportation;
    3         amending s. 311.07, F.S.; increasing the minimum
    4         amount that must be made available annually from the
    5         State Transportation Trust Fund to fund the Florida
    6         Seaport Transportation and Economic Development
    7         Program; amending s. 311.09, F.S.; increasing the
    8         amount per year the department must include in its
    9         annual legislative budget request for the Florida
   10         Seaport Transportation and Economic Development
   11         Program; amending s. 316.003, F.S.; defining the term
   12         “port of entry”; amending s. 316.545, F.S.; providing
   13         a specified penalty for drivers of commercial motor
   14         vehicles who obtain temporary registration permits
   15         entering the state at, or operating on designated
   16         routes to, a port-of-entry location; amending s.
   17         333.01, F.S.; defining and redefining terms; amending
   18         s. 333.025, F.S.; revising the requirements relating
   19         to permits required for obstructions; requiring
   20         certain existing, planned, and proposed facilities to
   21         be protected from airport hazards; requiring the local
   22         government to provide a copy of a complete permit
   23         application to the Department of Transportation’s
   24         aviation office, subject to certain requirements;
   25         requiring the department to have a specified review
   26         period following receipt of such application;
   27         providing exemptions from such review under certain
   28         circumstances; revising the circumstances under which
   29         the department issues or denies a permit; revising the
   30         department’s requirements before a permit is issued;
   31         revising the circumstances under which the department
   32         is prohibited from approving a permit; providing that
   33         the denial of a permit is subject to administrative
   34         review; amending s. 333.03, F.S.; conforming
   35         provisions to changes made by the act; revising the
   36         circumstances under which a political subdivision
   37         owning or controlling an airport and another political
   38         subdivision adopt, administer, and enforce airport
   39         zoning regulations or create a joint airport
   40         protection zoning board; revising the provisions
   41         relating to airport protection zoning regulations and
   42         joint airport protection zoning boards; requiring the
   43         department to be available to provide assistance to
   44         political subdivisions regarding federal obstruction
   45         standards; deleting provisions relating to certain
   46         duties of the department; revising provisions relating
   47         to airport land use compatibility zoning regulations;
   48         revising construction; providing applicability;
   49         amending s. 333.04, F.S.; authorizing certain airport
   50         zoning regulations to be incorporated in and made a
   51         part of comprehensive plans and policies, rather than
   52         a part of comprehensive zoning regulations, under
   53         certain circumstances; revising requirements relating
   54         to applicability; amending s. 333.05, F.S.; revising
   55         procedures for adoption of airport zoning regulations;
   56         amending s. 333.06, F.S.; revising airport zoning
   57         regulation requirements; repealing s. 333.065, F.S.,
   58         relating to guidelines regarding land use near
   59         airports; amending s. 333.07, F.S.; revising
   60         requirements relating to local government permitting
   61         of airspace obstructions; requiring a person proposing
   62         to construct, alter, or allow an airport obstruction
   63         to apply for a permit under certain circumstances;
   64         revising the circumstances under which a permit is
   65         prohibited from being issued; revising the
   66         circumstances under which the owner of a nonconforming
   67         structure is required to alter such structure to
   68         conform to the current airport protection zoning
   69         regulations; deleting provisions relating to variances
   70         from zoning regulations; requiring a political
   71         subdivision or its administrative agency to consider
   72         specified criteria in determining whether to issue or
   73         deny a permit; revising the requirements for marking
   74         and lighting in conformance with certain standards;
   75         repealing s. 333.08, F.S., relating to appeals of
   76         decisions concerning airport zoning regulations;
   77         amending s. 333.09, F.S.; revising the requirements
   78         relating to the administration of airport protection
   79         zoning regulations; requiring all airport protection
   80         zoning regulations to provide for the administration
   81         and enforcement of such regulations by the political
   82         subdivision or its administrative agency; requiring a
   83         political subdivision adopting airport zoning
   84         regulations to provide a permitting process, subject
   85         to certain requirements; requiring a zoning board or
   86         permitting body to implement the airport zoning
   87         regulation permitting and appeals process if such
   88         board or body already exists within a political
   89         subdivision; authorizing a person, a political
   90         subdivision or its administrative agency, or a
   91         specified joint zoning board to use the process
   92         established for an appeal, subject to certain
   93         requirements; repealing s. 333.10, F.S., relating to
   94         boards of adjustment provided for by airport zoning
   95         regulations; amending s. 333.11, F.S.; revising the
   96         requirements relating to judicial review; amending s.
   97         333.12, F.S.; revising requirements relating to the
   98         acquisition of air rights; amending s. 333.13, F.S.;
   99         conforming provisions to changes made by the act;
  100         creating s. 333.135, F.S.; requiring conflicting
  101         airport zoning regulations in effect on a specified
  102         date to be amended to conform to certain requirements;
  103         requiring certain political subdivisions to adopt
  104         certain airport zoning regulations by a specified
  105         date; requiring the department to administer a
  106         specified permitting process for certain political
  107         subdivisions; repealing s. 333.14, F.S., relating to a
  108         short title; amending s. 334.044, F.S.; authorizing
  109         the department to assume certain responsibilities
  110         under the National Environmental Policy Act with
  111         respect to highway projects within the state and
  112         certain related responsibilities relating to review or
  113         approval of a highway project; authorizing the
  114         department to enter into certain agreements related to
  115         the federal surface transportation project delivery
  116         program under certain federal law; authorizing the
  117         department to adopt implementing rules; authorizing
  118         the department to adopt certain relevant federal
  119         environmental standards; providing a limited waiver of
  120         sovereign immunity to civil suit in federal court
  121         consistent with certain federal law; amending s.
  122         334.30, F.S.; conforming a cross-reference; requiring
  123         the department to consult with the Division of Bond
  124         Finance in connection with a proposal to finance or
  125         refinance a transportation facility; requiring the
  126         department to provide the division with information
  127         necessary to provide timely consultation and
  128         recommendations; authorizing the division to make an
  129         independent recommendation to the Executive Office of
  130         the Governor; creating s. 337.027, F.S.; authorizing
  131         the department to establish a program for highway
  132         projects that assist small businesses; providing a
  133         program purpose; defining the term “small business”;
  134         authorizing the department to adopt rules; amending s.
  135         338.165, F.S.; removing an option to issue certain
  136         bonds secured by toll revenues collected on the
  137         Beeline-East Expressway, the Navarre Bridge, and the
  138         Pinellas Bayway; authorizing the department’s Pinellas
  139         Bayway System to be transferred by the department and
  140         become part of the turnpike system under the Florida
  141         Turnpike Enterprise Law; providing applicability;
  142         repealing chapter 85-364, Laws of Florida, as amended,
  143         relating to the Pinellas Bayway; amending s. 338.231,
  144         F.S.; increasing the number of years before an
  145         inactive prepaid toll account is presumed unclaimed;
  146         creating s. 339.0809, F.S.; creating a nonprofit
  147         corporation to be known as the “Florida Department of
  148         Transportation Financing Corporation”; defining the
  149         term “corporation”; providing for membership of a
  150         governing board of directors; providing certain powers
  151         and duties; authorizing the corporation to enter into
  152         service contracts with the Department of
  153         Transportation subject to certain requirements;
  154         authorizing the corporation to issue and incur notes,
  155         bonds, certificates of indebtedness, or other
  156         obligations or evidences of indebtedness under certain
  157         circumstances; providing that the fulfillment of the
  158         purposes of the corporation promotes the health,
  159         safety, and general welfare of the people of the state
  160         and serves essential governmental functions and a
  161         paramount public purpose; providing certain exemptions
  162         from taxation and assessments; authorizing the
  163         corporation to validate certain obligations subject to
  164         certain requirements; providing applicability;
  165         prohibiting the benefits and earnings of the
  166         corporation from inuring to any private person;
  167         requiring title to all property owned by the
  168         corporation to revert to the state upon dissolution of
  169         the corporation; authorizing the corporation to
  170         contract with the State Board of Administration to
  171         perform certain services; authorizing the board to
  172         contract with others to provide such services and to
  173         recover certain costs; authorizing the department to
  174         enter into a service contract in conjunction with the
  175         issuance of debt obligations which provides for
  176         certain periodic payments; amending s. 348.0004, F.S.;
  177         conforming a cross-reference; providing an effective
  178         date.
  180  Be It Enacted by the Legislature of the State of Florida:
  182         Section 1. Subsection (2) of section 311.07, Florida
  183  Statutes, is amended to read:
  184         311.07 Florida seaport transportation and economic
  185  development funding.—
  186         (2) A minimum of $25 $15 million per year shall be made
  187  available from the State Transportation Trust Fund to fund the
  188  Florida Seaport Transportation and Economic Development Program.
  189  The Florida Seaport Transportation and Economic Development
  190  Council created in s. 311.09 shall develop guidelines for
  191  project funding. Council staff, the Department of
  192  Transportation, and the Department of Economic Opportunity shall
  193  work in cooperation to review projects and allocate funds in
  194  accordance with the schedule required for the Department of
  195  Transportation to include these projects in the tentative work
  196  program developed pursuant to s. 339.135(4).
  197         Section 2. Subsection (9) of section 311.09, Florida
  198  Statutes, is amended to read:
  199         311.09 Florida Seaport Transportation and Economic
  200  Development Council.—
  201         (9) The Department of Transportation shall include at least
  202  $25 no less than $15 million per year in its annual legislative
  203  budget request for the Florida Seaport Transportation and
  204  Economic Development Program funded under s. 311.07. Such budget
  205  must shall include funding for projects approved by the council
  206  which have been determined by each agency to be consistent. The
  207  department shall include the specific approved Florida Seaport
  208  Transportation and Economic Development Program projects to be
  209  funded under s. 311.07 during the ensuing fiscal year in the
  210  tentative work program developed pursuant to s. 339.135(4). The
  211  total amount of funding to be allocated to Florida Seaport
  212  Transportation and Economic Development Program projects under
  213  s. 311.07 during the successive 4 fiscal years shall also be
  214  included in the tentative work program developed pursuant to s.
  215  339.135(4). The council may submit to the department a list of
  216  approved projects that could be made production-ready within the
  217  next 2 years. The list shall be submitted by the department as
  218  part of the needs and project list prepared pursuant to s.
  219  339.135(2)(b). However, the department shall, upon written
  220  request of the Florida Seaport Transportation and Economic
  221  Development Council, submit work program amendments pursuant to
  222  s. 339.135(7) to the Governor within 10 days after the later of
  223  the date the request is received by the department or the
  224  effective date of the amendment, termination, or closure of the
  225  applicable funding agreement between the department and the
  226  affected seaport, as required to release the funds from the
  227  existing commitment. Notwithstanding s. 339.135(7)(c), any work
  228  program amendment to transfer prior year funds from one approved
  229  seaport project to another seaport project is subject to the
  230  procedures in s. 339.135(7)(d). Notwithstanding any provision of
  231  law to the contrary, the department may transfer unexpended
  232  budget between the seaport projects as identified in the
  233  approved work program amendments.
  234         Section 3. Subsection (94) is added to section 316.003,
  235  Florida Statutes, to read:
  236         316.003 Definitions.—The following words and phrases, when
  237  used in this chapter, shall have the meanings respectively
  238  ascribed to them in this section, except where the context
  239  otherwise requires:
  240         (94) PORT OF ENTRY.—A designated location that allows
  241  drivers of commercial motor vehicles to purchase temporary
  242  registration permits necessary to operate legally within the
  243  state. The locations and the designated routes to such locations
  244  shall be determined by the Department of Transportation.
  245         Section 4. Paragraph (b) of subsection (2) of section
  246  316.545, Florida Statutes, is amended to read:
  247         316.545 Weight and load unlawful; special fuel and motor
  248  fuel tax enforcement; inspection; penalty; review.—
  249         (2)
  250         (b) The officer or inspector shall inspect the license
  251  plate or registration certificate of the commercial vehicle, as
  252  defined in s. 316.003(66), to determine if its gross weight is
  253  in compliance with the declared gross vehicle weight. If its
  254  gross weight exceeds the declared weight, the penalty shall be 5
  255  cents per pound on the difference between such weights. In those
  256  cases when the commercial vehicle, as defined in s. 316.003(66),
  257  is being operated over the highways of the state with an expired
  258  registration or with no registration from this or any other
  259  jurisdiction or is not registered under the applicable
  260  provisions of chapter 320, the penalty herein shall apply on the
  261  basis of 5 cents per pound on that scaled weight which exceeds
  262  35,000 pounds on laden truck tractor-semitrailer combinations or
  263  tandem trailer truck combinations, 10,000 pounds on laden
  264  straight trucks or straight truck-trailer combinations, or
  265  10,000 pounds on any unladen commercial motor vehicle. A driver
  266  of a commercial motor vehicle entering the state at a designated
  267  port-of-entry location, as defined in s. 316.003(94), or
  268  operating on designated routes to a port-of-entry location, who
  269  obtains a temporary registration permit shall be assessed a
  270  penalty limited to the difference between its gross weight and
  271  the declared gross vehicle weight at 5 cents per pound. If the
  272  license plate or registration has not been expired for more than
  273  90 days, the penalty imposed under this paragraph may not exceed
  274  $1,000. In the case of special mobile equipment as defined in s.
  275  316.003(48), which qualifies for the license tax provided for in
  276  s. 320.08(5)(b), being operated on the highways of the state
  277  with an expired registration or otherwise not properly
  278  registered under the applicable provisions of chapter 320, a
  279  penalty of $75 shall apply in addition to any other penalty
  280  which may apply in accordance with this chapter. A vehicle found
  281  in violation of this section may be detained until the owner or
  282  operator produces evidence that the vehicle has been properly
  283  registered. Any costs incurred by the retention of the vehicle
  284  shall be the sole responsibility of the owner. A person who has
  285  been assessed a penalty pursuant to this paragraph for failure
  286  to have a valid vehicle registration certificate pursuant to the
  287  provisions of chapter 320 is not subject to the delinquent fee
  288  authorized in s. 320.07 if such person obtains a valid
  289  registration certificate within 10 working days after such
  290  penalty was assessed.
  291         Section 5. Section 333.01, Florida Statutes, is amended to
  292  read:
  293         333.01 Definitions.—As used in For the purpose of this
  294  chapter, the term following words, terms, and phrases shall have
  295  the meanings herein given, unless otherwise specifically
  296  defined, or unless another intention clearly appears, or the
  297  context otherwise requires:
  298         (1) “Aeronautical study” means a Federal Aviation
  299  Administration study, conducted in accordance with the standards
  300  of 14 C.F.R. part 77, subpart C, and Federal Aviation
  301  Administration policy and guidance, on the effect of proposed
  302  construction or alteration upon the operation of air navigation
  303  facilities and the safe and efficient use of navigable airspace.
  304         (1) “Aeronautics” means transportation by aircraft; the
  305  operation, construction, repair, or maintenance of aircraft,
  306  aircraft power plants and accessories, including the repair,
  307  packing, and maintenance of parachutes; the design,
  308  establishment, construction, extension, operation, improvement,
  309  repair, or maintenance of airports, restricted landing areas, or
  310  other air navigation facilities, and air instruction.
  311         (2) “Airport” means any area of land or water designed and
  312  set aside for the landing and taking off of aircraft and used
  313  utilized or to be used utilized in the interest of the public
  314  for such purpose.
  315         (3) “Airport hazard” means an obstruction to air navigation
  316  which affects the safe and efficient use of navigable airspace
  317  or the operation of planned or existing air navigation and
  318  communication facilities any structure or tree or use of land
  319  which would exceed the federal obstruction standards as
  320  contained in 14 C.F.R. ss. 77.21, 77.23,77.25, 77.28, and 77.29
  321  and which obstructs the airspace required for the flight of
  322  aircraft in taking off, maneuvering, or landing or is otherwise
  323  hazardous to such taking off, maneuvering, or landing of
  324  aircraft and for which no person has previously obtained a
  325  permit or variance pursuant to s. 333.025 or s. 333.07.
  326         (4) “Airport hazard area” means any area of land or water
  327  upon which an airport hazard might be established if not
  328  prevented as provided in this chapter.
  329         (5) “Airport land use compatibility zoning” means airport
  330  zoning regulations governing restricting the use of land on,
  331  adjacent to, or in the immediate vicinity of airports in the
  332  manner enumerated in s. 333.03(2) to activities and purposes
  333  compatible with the continuation of normal airport operations
  334  including landing and takeoff of aircraft in order to promote
  335  public health, safety, and general welfare.
  336         (6) “Airport layout plan” means a set of scaled drawings
  337  that provide a graphic representation of the existing and future
  338  development plan for the airport and demonstrate the
  339  preservation and continuity of safety, utility, and efficiency
  340  of the airport detailed, scale engineering drawing, including
  341  pertinent dimensions, of an airport’s current and planned
  342  facilities, their locations, and runway usage.
  343         (7) “Airport master plan” means a comprehensive plan of an
  344  airport which typically describes current and future plans for
  345  airport development designed to support existing and future
  346  aviation demand.
  347         (8) “Airport protection zoning regulations” means airport
  348  zoning regulations governing airport hazards.
  349         (9) “Department” means the Department of Transportation as
  350  created under s. 20.23.
  351         (10) “Educational facility” means any structure, land, or
  352  use that includes a public or private kindergarten through 12th
  353  grade school, charter school, magnet school, college campus, or
  354  university campus. The term does not include space used for
  355  educational purposes within a multi-tenant building.
  356         (11) “Landfill” has the same meaning as provided in s.
  357  403.703.
  358         (12)(7) “Obstruction” means any existing or proposed
  359  manmade object or object, of natural growth or terrain, or
  360  structure construction or alteration that exceeds violates the
  361  federal obstruction standards contained in 14 C.F.R. part 77,
  362  subpart C ss. 77.21, 77.23, 77.25, 77.28, and 77.29. The term
  363  includes:
  364         (a) Any object of natural growth or terrain;
  365         (b) Permanent or temporary construction or alteration,
  366  including equipment or materials used and any permanent or
  367  temporary apparatus; or
  368         (c) Alteration of any permanent or temporary existing
  369  structure by a change in the structure’s height, including
  370  appurtenances, lateral dimensions, and equipment or materials
  371  used in the structure.
  372         (13)(8) “Person” means any individual, firm, copartnership,
  373  corporation, company, association, joint-stock association, or
  374  body politic, and includes any trustee, receiver, assignee, or
  375  other similar representative thereof.
  376         (14)(9) “Political subdivision” means the local government
  377  of any county, municipality city, town, village, or other
  378  subdivision or agency thereof, or any district or special
  379  district, port commission, port authority, or other such agency
  380  authorized to establish or operate airports in the state.
  381         (15) “Public-use airport” means an airport, publicly or
  382  privately owned, licensed by the state, which is open for use by
  383  the public.
  384         (16)(10) “Runway protection clear zone” means an area at
  385  ground level beyond the runway end to enhance the safety and
  386  protection of people and property on the ground a runway clear
  387  zone as defined in 14 C.F.R. s. 151.9(b).
  388         (17)(11) “Structure” means any object, constructed,
  389  erected, altered, or installed by humans, including, but not
  390  limited to without limitation thereof, buildings, towers,
  391  smokestacks, utility poles, power generation equipment, and
  392  overhead transmission lines.
  393         (18) “Substantial modification” means any repair,
  394  reconstruction, rehabilitation, or improvement of a structure
  395  when the actual cost of the repair, reconstruction,
  396  rehabilitation, or improvement of the structure equals or
  397  exceeds 50 percent of the market value of the structure.
  398         (12) “Tree” includes any plant of the vegetable kingdom.
  399         Section 6. Section 333.025, Florida Statutes, is amended to
  400  read:
  401         333.025 Permit required for obstructions structures
  402  exceeding federal obstruction standards.—
  403         (1) A person proposing the construction or alteration In
  404  order to prevent the erection of an obstruction must obtain a
  405  permit from the department structures dangerous to air
  406  navigation, subject to the provisions of subsections (2), (3),
  407  and (4), each person shall secure from the Department of
  408  Transportation a permit for the erection, alteration, or
  409  modification of any structure the result of which would exceed
  410  the federal obstruction standards as contained in 14 C.F.R. ss.
  411  77.21, 77.23, 77.25, 77.28, and 77.29. However, permits from the
  412  department of Transportation will be required only within an
  413  airport hazard area where federal obstruction standards are
  414  exceeded and if the proposed construction or alteration is
  415  within a 10-nautical-mile radius of the airport reference point,
  416  located at the approximate geometric geographical center of all
  417  usable runways of a public-use airport or a publicly owned or
  418  operated airport, a military airport, or an airport licensed by
  419  the state for public use.
  420         (2) Existing, planned, and proposed Affected airports will
  421  be considered as having those facilities on public-use airports
  422  contained in an which are shown on the airport master plan, in
  423  or an airport layout plan submitted to the Federal Aviation
  424  Administration, Airport District Office or in comparable
  425  military documents shall, and will be so protected from airport
  426  hazards. Planned or proposed public-use airports which are the
  427  subject of a notice or proposal submitted to the Federal
  428  Aviation Administration or to the Department of Transportation
  429  shall also be protected.
  430         (3) A permit is not required for existing structures that
  431  requirements of subsection (1) shall not apply to projects which
  432  received construction permits from the Federal Communications
  433  Commission for structures exceeding federal obstruction
  434  standards before prior to May 20, 1975, provided such structures
  435  now exist; a permit is not required for nor shall it apply to
  436  previously approved structures now existing, or any necessary
  437  replacement or repairs to such existing structures if, so long
  438  as the height and location are is unchanged.
  439         (4) If When political subdivisions have, in compliance with
  440  this chapter, adopted adequate airport airspace protection
  441  zoning regulations, placed in compliance with s. 333.03, and
  442  such regulations are on file with the department’s aviation
  443  office, and established a permitting process Department of
  444  Transportation, a permit for the construction or alteration of
  445  an obstruction is such structure shall not be required from the
  446  department of Transportation. Upon receipt of a complete permit
  447  application, the local government shall provide a copy of the
  448  application to the department’s aviation office by certified
  449  mail, return receipt requested, or by a delivery service that
  450  provides a receipt evidencing delivery. To evaluate technical
  451  consistency with this subsection, the department shall have a
  452  15-day review period following receipt of the application, which
  453  must run concurrently with the local government permitting
  454  process. Cranes, construction equipment, and other temporary
  455  structures in use or in place for a period not to exceed 18
  456  consecutive months are exempt from the department’s review,
  457  unless such review is requested by the department.
  458         (5) The department of Transportation shall, within 30 days
  459  after of the receipt of an application for a permit, issue or
  460  deny a permit for the construction or erection, alteration, or
  461  modification of an obstruction any structure the result of which
  462  would exceed federal obstruction standards as contained in 14
  463  C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29. The department
  464  shall review permit applications in conformity with s. 120.60.
  465         (6) In determining whether to issue or deny a permit, the
  466  department shall consider:
  467         (a) The safety of persons on the ground and in the air.
  468         (b) The safe and efficient use of navigable airspace.
  469         (c)(a) The nature of the terrain and height of existing
  470  structures.
  471         (b) Public and private interests and investments.
  472         (d) The effect of the construction or alteration of an
  473  obstruction on the state licensing standards for a public-use
  474  airport contained in chapter 330 and rules adopted thereunder.
  475         (e)(c) The character of existing and planned flight flying
  476  operations and planned developments at public-use of airports.
  477         (f)(d) Federal airways, visual flight rules, flyways and
  478  corridors, and instrument approaches as designated by the
  479  Federal Aviation Administration.
  480         (g)(e)The effect of Whether the construction or alteration
  481  of an obstruction on the proposed structure would cause an
  482  increase in the minimum descent altitude or the decision height
  483  at the affected airport.
  484         (f) Technological advances.
  485         (g) The safety of persons on the ground and in the air.
  486         (h) Land use density.
  487         (i) The safe and efficient use of navigable airspace.
  488         (h)(j) The cumulative effects on navigable airspace of all
  489  existing obstructions structures, proposed structures identified
  490  in the applicable jurisdictions’ comprehensive plans, and all
  491  other known proposed obstructions structures in the area.
  492         (7) When issuing a permit under this section, the
  493  department of Transportation shall, as a specific condition of
  494  such permit, require the owner obstruction marking and lighting
  495  of the obstruction to install, operate, and maintain, at the
  496  owner’s expense, marking and lighting in conformance with the
  497  specific standards established by the Federal Aviation
  498  Administration permitted structure as provided in s.
  499  333.07(3)(b).
  500         (8) The department may of Transportation shall not approve
  501  a permit for the construction or alteration erection of an
  502  obstruction a structure unless the applicant submits both
  503  documentation showing both compliance with the federal
  504  requirement for notification of proposed construction or
  505  alteration and a valid aeronautical study. A evaluation, and no
  506  permit may not shall be approved solely on the basis that the
  507  Federal Aviation Administration determined that the such
  508  proposed construction or alteration of an obstruction was not an
  509  airport hazard structure will not exceed federal obstruction
  510  standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
  511  77.28, or 77.29, or any other federal aviation regulation.
  512         (9) The denial of a permit under this section is subject to
  513  administrative review pursuant to chapter 120.
  514         Section 7. Section 333.03, Florida Statutes, is amended to
  515  read:
  516         333.03 Requirement Power to adopt airport zoning
  517  regulations.—
  518         (1)(a) In order to prevent the creation or establishment of
  519  airport hazards, Every political subdivision having an airport
  520  hazard area within its territorial limits shall, by October 1,
  521  1977, adopt, administer, and enforce, under the police power and
  522  in the manner and upon the conditions hereinafter prescribed in
  523  this section, airport protection zoning regulations for such
  524  airport hazard area.
  525         (b) If where an airport is owned or controlled by a
  526  political subdivision and any other political subdivision has
  527  land, upon which an obstruction may be constructed or altered,
  528  underlying any of the 14 C.F.R. Part 77, subpart C surfaces of
  529  the airport, the political subdivisions airport hazard area
  530  appertaining to such airport is located wholly or partly outside
  531  the territorial limits of said political subdivision, the
  532  political subdivision owning or controlling the airport and the
  533  political subdivision within which the airport hazard area is
  534  located, shall either:
  535         1. By interlocal agreement, in accordance with the
  536  provisions of chapter 163, adopt, administer, and enforce a set
  537  of airport protection zoning regulations applicable to the
  538  airport hazard area in question; or
  539         2. By ordinance, regulation, or resolution duly adopted,
  540  create a joint airport protection zoning board that, which board
  541  shall have the same power to adopt, administer, and enforce a
  542  set of airport protection zoning regulations applicable to the
  543  airport hazard area in question as that vested in paragraph (a)
  544  in the political subdivision within which such area is located.
  545  The Each such joint airport protection zoning board shall have
  546  as voting members two representatives appointed by each
  547  participating political subdivision participating in its
  548  creation and in addition a chair elected by a majority of the
  549  members so appointed. However, The airport manager or a
  550  representative of each airport in managers of the affected
  551  participating political subdivisions shall serve on the board in
  552  a nonvoting capacity.
  553         (c) Airport protection zoning regulations adopted under
  554  paragraph (a) must shall, at as a minimum, require:
  555         1. A permit variance for the construction or erection,
  556  alteration, or modification of any obstruction structure which
  557  would cause the structure to exceed the federal obstruction
  558  standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
  559  77.28, and 77.29;
  560         2. Obstruction marking and lighting for obstructions
  561  structures as specified in s. 333.07(3);
  562         3. Documentation showing compliance with the federal
  563  requirement for notification of proposed construction or
  564  alteration of structures and a valid aeronautical study
  565  evaluation submitted by each person applying for a permit
  566  variance;
  567         4. Consideration of the criteria in s. 333.025(6), when
  568  determining whether to issue or deny a permit variance; and
  569         5. That approval of a permit not be based no variance shall
  570  be approved solely on the determination by the Federal Aviation
  571  Administration basis that the such proposed structure is not an
  572  airport hazard will not exceed federal obstruction standards as
  573  contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, or 77.29,
  574  or any other federal aviation regulation.
  575         (d) The department shall be available to provide assistance
  576  to political subdivisions regarding federal obstruction
  577  standards shall issue copies of the federal obstruction
  578  standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
  579  77.28, and 77.29 to each political subdivision having airport
  580  hazard areas and, in cooperation with political subdivisions,
  581  shall issue appropriate airport zoning maps depicting within
  582  each county the maximum allowable height of any structure or
  583  tree. Material distributed pursuant to this subsection shall be
  584  at no cost to authorized recipients.
  585         (2) In the manner provided in subsection (1), political
  586  subdivisions shall adopt, administer, and enforce interim
  587  airport land use compatibility zoning regulations shall be
  588  adopted. Airport land use compatibility zoning When political
  589  subdivisions have adopted land development regulations shall, at
  590  a minimum, in accordance with the provisions of chapter 163
  591  which address the use of land in the manner consistent with the
  592  provisions herein, adoption of airport land use compatibility
  593  regulations pursuant to this subsection shall not be required.
  594  Interim airport land use compatibility zoning regulations shall
  595  consider the following:
  596         (a) The prohibition of new landfills and the restriction of
  597  existing landfills Whether sanitary landfills are located within
  598  the following areas:
  599         1. Within 10,000 feet from the nearest point of any runway
  600  used or planned to be used by turbine turbojet or turboprop
  601  aircraft.
  602         2. Within 5,000 feet from the nearest point of any runway
  603  used only by only nonturbine piston-type aircraft.
  604         3. Outside the perimeters defined in subparagraphs 1. and
  605  2., but still within the lateral limits of the civil airport
  606  imaginary surfaces defined in 14 C.F.R. s. 77.19 part 77.25.
  607  Case-by-case review of such landfills is advised.
  608         (b) Where Whether any landfill is located and constructed
  609  in a manner so that it attracts or sustains hazardous bird
  610  movements from feeding, water, or roosting areas into, or
  611  across, the runways or approach and departure patterns of
  612  aircraft. The landfill operator must political subdivision shall
  613  request from the airport authority or other governing body
  614  operating the airport a report on such bird feeding or roosting
  615  areas that at the time of the request are known to the airport.
  616  In preparing its report, the authority, or other governing body,
  617  shall consider whether the landfill will incorporate bird
  618  management techniques or other practices to minimize bird
  619  hazards to airborne aircraft. The airport authority or other
  620  governing body shall respond to the political subdivision no
  621  later than 30 days after receipt of such request.
  622         (c) Where an airport authority or other governing body
  623  operating a publicly owned, public-use airport has conducted a
  624  noise study in accordance with the provisions of 14 C.F.R. part
  625  150, or where a public-use airport owner has established noise
  626  contours pursuant to another public study approved by the
  627  Federal Aviation Administration, the prohibition of incompatible
  628  uses, as established in the noise study in 14 C.F.R. part 150,
  629  Appendix A or as a part of an alternative Federal Aviation
  630  Administration-approved public study, within the noise contours
  631  established by any of these studies, except if such uses are
  632  specifically contemplated by such study with appropriate
  633  mitigation or similar techniques described in the study neither
  634  residential construction nor any educational facility as defined
  635  in chapter 1013, with the exception of aviation school
  636  facilities, shall be permitted within the area contiguous to the
  637  airport defined by an outer noise contour that is considered
  638  incompatible with that type of construction by 14 C.F.R. part
  639  150, Appendix A or an equivalent noise level as established by
  640  other types of noise studies.
  641         (d) Where an airport authority or other governing body
  642  operating a publicly owned, public-use airport has not conducted
  643  a noise study, the prohibition of neither residential
  644  construction and nor any educational facility as defined in
  645  chapter 1013, with the exception of aviation school facilities,
  646  shall be permitted within an area contiguous to the airport
  647  measuring one-half the length of the longest runway on either
  648  side of and at the end of each runway centerline.
  649         (e)(3)The restriction of In the manner provided in
  650  subsection (1), airport zoning regulations shall be adopted
  651  which restrict new incompatible uses, activities, or substantial
  652  modifications to existing incompatible uses construction within
  653  runway protection clear zones, including uses, activities, or
  654  construction in runway clear zones which are incompatible with
  655  normal airport operations or endanger public health, safety, and
  656  welfare by resulting in congregations of people, emissions of
  657  light or smoke, or attraction of birds. Such regulations shall
  658  prohibit the construction of an educational facility of a public
  659  or private school at either end of a runway of a publicly owned,
  660  public-use airport within an area which extends 5 miles in a
  661  direct line along the centerline of the runway, and which has a
  662  width measuring one-half the length of the runway. Exceptions
  663  approving construction of an educational facility within the
  664  delineated area shall only be granted when the political
  665  subdivision administering the zoning regulations makes specific
  666  findings detailing how the public policy reasons for allowing
  667  the construction outweigh health and safety concerns prohibiting
  668  such a location.
  669         (4) The procedures outlined in subsections (1), (2), and
  670  (3) for the adoption of such regulations are supplemental to any
  671  existing procedures utilized by political subdivisions in the
  672  adoption of such regulations.
  673         (3)(5)Political subdivisions shall provide The Department
  674  of Transportation shall provide technical assistance to any
  675  political subdivision requesting assistance in the preparation
  676  of an airport zoning code. a copy of all local airport
  677  protection zoning codes, rules, and regulations and airport land
  678  use compatibility zoning regulations, and any related amendments
  679  and proposed and granted variances thereto, to shall be filed
  680  with the department’s aviation office within 30 days after
  681  adoption department.
  682         (4)(6)Nothing in Subsection (2) may not or subsection (3)
  683  shall be construed to require the removal, alteration, sound
  684  conditioning, or other change, or to interfere with the
  685  continued use or adjacent expansion of any educational facility
  686  structure or site in existence on July 1, 1993, or be construed
  687  to prohibit the construction of any new structure for which a
  688  site has been determined as provided in former s. 235.19, as of
  689  July 1, 1993.
  690         (5) This section does not prohibit an airport authority, a
  691  political subdivision or its administrative agency, or any other
  692  governing body operating a public-use airport from establishing
  693  airport zoning regulations more restrictive than prescribed in
  694  this section in order to protect the health, safety, and welfare
  695  of the public in the air and on the ground.
  696         Section 8. Section 333.04, Florida Statutes, is amended to
  697  read:
  698         333.04 Comprehensive zoning regulations; most stringent to
  699  prevail where conflicts occur.—
  700         (1) INCORPORATION.—In the event that a political
  701  subdivision has adopted, or hereafter adopts, a comprehensive
  702  plan or policy zoning ordinance regulating, among other things,
  703  the height of buildings, structures, and natural objects, and
  704  uses of property, any airport zoning regulations applicable to
  705  the same area or portion thereof may be incorporated in and made
  706  a part of such comprehensive plan or policy zoning regulations,
  707  and be administered and enforced in connection therewith.
  708         (2) CONFLICT.—In the event of conflict between any airport
  709  zoning regulations adopted under this chapter and any other
  710  regulations applicable to the same area, whether the conflict be
  711  with respect to the height of structures or vegetation trees,
  712  the use of land, or any other matter, and whether such
  713  regulations were adopted by the political subdivision that which
  714  adopted the airport zoning regulations or by some other
  715  political subdivision, the more stringent limitation or
  716  requirement shall govern and prevail.
  717         Section 9. Section 333.05, Florida Statutes, is amended to
  718  read:
  719         333.05 Procedure for adoption of airport zoning
  720  regulations.—
  721         (1) NOTICE AND HEARING.—No Airport zoning regulations may
  722  not shall be adopted, amended, or repealed changed under this
  723  chapter except by action of the legislative body of the
  724  political subdivision or affected subdivisions in question, or
  725  the joint board provided in s. 333.03(1)(b)2. s. 333.03(1)(b) by
  726  the political subdivisions bodies therein provided and set
  727  forth, after a public hearing in relation thereto, at which
  728  parties in interest and citizens shall have an opportunity to be
  729  heard. Notice of the hearing shall be published at least once a
  730  week for 2 consecutive weeks in a newspaper an official paper,
  731  or a paper of general circulation, in the political subdivision
  732  or subdivisions where in which are located the airport zoning
  733  regulations are areas to be adopted, amended, or repealed zoned.
  734         (2) AIRPORT ZONING COMMISSION.—Before Prior to the initial
  735  zoning of any airport area under this chapter, the political
  736  subdivision or joint airport zoning board that which is to
  737  adopt, administer, and enforce the regulations must shall
  738  appoint a commission, to be known as the airport zoning
  739  commission, to recommend the boundaries of the various zones to
  740  be established and the regulations to be adopted therefor. Such
  741  commission shall make a preliminary report and hold public
  742  hearings thereon before submitting its final report, and the
  743  legislative body of the political subdivision or the joint
  744  airport zoning board may shall not hold its public hearings or
  745  take any action until it has received the final report of such
  746  commission, and at least 15 days shall elapse between the
  747  receipt of the final report of the commission and the hearing to
  748  be held by the latter board. If Where a planning city plan
  749  commission, an airport commission, or a comprehensive zoning
  750  commission already exists, it may be appointed as the airport
  751  zoning commission.
  752         Section 10. Section 333.06, Florida Statutes, is amended to
  753  read:
  754         333.06 Airport zoning regulation requirements.—
  755         (1) REASONABLENESS.—All airport zoning regulations adopted
  756  under this chapter shall be reasonable and may not none shall
  757  impose any requirement or restriction which is not reasonably
  758  necessary to effectuate the purposes of this chapter. In
  759  determining what regulations it may adopt, each political
  760  subdivision and joint airport zoning board shall consider, among
  761  other things, the character of the flying operations expected to
  762  be conducted at the airport, the nature of the terrain within
  763  the airport hazard area and runway protection clear zones, the
  764  character of the neighborhood, the uses to which the property to
  765  be zoned is put and adaptable, and the impact of any new use,
  766  activity, or construction on the airport’s operating capability
  767  and capacity.
  768         (2) INDEPENDENT JUSTIFICATION.—The purpose of all airport
  769  zoning regulations adopted under this chapter is to provide both
  770  airspace protection and land uses use compatible with airport
  771  operations. Each aspect of this purpose requires independent
  772  justification in order to promote the public interest in safety,
  773  health, and general welfare. Specifically, construction in a
  774  runway protection clear zone which does not exceed airspace
  775  height restrictions is not conclusive evidence per se that such
  776  use, activity, or construction is compatible with airport
  777  operations.
  778         (3) NONCONFORMING USES.—An No airport protection zoning
  779  regulation regulations adopted under this chapter may not shall
  780  require the removal, lowering, or other change or alteration of
  781  any obstruction structure or tree not conforming to the
  782  regulation regulations when adopted or amended, or otherwise
  783  interfere with the continuance of any nonconforming use, except
  784  as provided in s. 333.07(1) and (3).
  786  LOCAL GOVERNMENTS.—An airport master plan shall be prepared by
  787  each public-use publicly owned and operated airport licensed by
  788  the department of Transportation under chapter 330. The
  789  authorized entity having responsibility for governing the
  790  operation of the airport, when either requesting from or
  791  submitting to a state or federal governmental agency with
  792  funding or approval jurisdiction a “finding of no significant
  793  impact,” an environmental assessment, a site-selection study, an
  794  airport master plan, or any amendment to an airport master plan,
  795  shall submit simultaneously a copy of said request, submittal,
  796  assessment, study, plan, or amendments by certified mail to all
  797  affected local governments. As used in For the purposes of this
  798  subsection, the term “affected local government” is defined as
  799  any municipality city or county having jurisdiction over the
  800  airport and any municipality city or county located within 2
  801  miles of the boundaries of the land subject to the airport
  802  master plan.
  803         Section 11. Section 333.065, Florida Statutes, is repealed.
  804         Section 12. Section 333.07, Florida Statutes, is amended to
  805  read:
  806         333.07 Local government permitting of airspace obstructions
  807  Permits and variances.—
  808         (1) PERMITS.—
  809         (a) A person proposing to construct, alter, or allow an
  810  airport obstruction in an airport hazard area in violation of
  811  the airport protection zoning regulations adopted under this
  812  chapter must apply for a permit. A Any airport zoning
  813  regulations adopted under this chapter may require that a permit
  814  be obtained before any new structure or use may be constructed
  815  or established and before any existing use or structure may be
  816  substantially changed or substantially altered or repaired. In
  817  any event, however, all such regulations shall provide that
  818  before any nonconforming structure or tree may be replaced,
  819  substantially altered or repaired, rebuilt, allowed to grow
  820  higher, or replanted, a permit must be secured from the
  821  administrative agency authorized to administer and enforce the
  822  regulations, authorizing such replacement, change, or repair. No
  823  permit may not shall be issued if it granted that would allow
  824  the establishment or creation of an airport hazard or if it
  825  would permit a nonconforming obstruction structure or tree or
  826  nonconforming use to be made or become higher or to become a
  827  greater hazard to air navigation than it was when the applicable
  828  airport protection zoning regulation was adopted which allowed
  829  the establishment or creation of the obstruction, or than it is
  830  when the application for a permit is made.
  831         (b) If Whenever the political subdivision or its
  832  administrative agency determines that a nonconforming
  833  obstruction use or nonconforming structure or tree has been
  834  abandoned or is more than 80 percent torn down, destroyed,
  835  deteriorated, or decayed, a no permit may not shall be granted
  836  if it that would allow the obstruction said structure or tree to
  837  exceed the applicable height limit or otherwise deviate from the
  838  airport protection zoning regulations.; and, Whether or not an
  839  application is made for a permit under this subsection or not,
  840  the said agency may by appropriate action, compel the owner of
  841  the nonconforming obstruction may be required structure or tree,
  842  at his or her own expense, to lower, remove, reconstruct, alter,
  843  or equip such obstruction object as may be necessary to conform
  844  to the current airport protection zoning regulations. If the
  845  owner of the nonconforming obstruction neglects or refuses
  846  structure or tree shall neglect or refuse to comply with such
  847  requirement order for 10 days after notice thereof, the
  848  administrative said agency may report the violation to the
  849  political subdivision involved therein, which subdivision,
  850  through its appropriate agency, may proceed to have the
  851  obstruction object so lowered, removed, reconstructed, altered,
  852  or equipped, and assess the cost and expense thereof upon the
  853  owner of the obstruction object or the land whereon it is or was
  854  located, and, unless such an assessment is paid within 90 days
  855  from the service of notice thereof on the owner or the owner’s
  856  agent, of such object or land, the sum shall be a lien on said
  857  land, and shall bear interest thereafter at the rate of 6
  858  percent per annum until paid, and shall be collected in the same
  859  manner as taxes on real property are collected by said political
  860  subdivision, or, at the option of said political subdivision,
  861  said lien may be enforced in the manner provided for enforcement
  862  of liens by chapter 85.
  863         (c) Except as provided herein, applications for permits
  864  shall be granted, provided the matter applied for meets the
  865  provisions of this chapter and the regulations adopted and in
  866  force hereunder.
  868  determining whether to issue or deny a permit, the political
  869  subdivision or its administrative agency must consider the
  870  following, as applicable:
  871         (a) The safety of persons on the ground and in the air.
  872         (b) The safe and efficient use of navigable airspace.
  873         (c) The nature of the terrain and height of existing
  874  structures.
  875         (d) The effect of the construction or alteration on the
  876  state licensing standards for a public-use airport contained in
  877  chapter 330 and rules adopted thereunder.
  878         (e) The character of existing and planned flight operations
  879  and developments at public-use airports.
  880         (f) Federal airways, visual flight rules, flyways and
  881  corridors, and instrument approaches as designated by the
  882  Federal Aviation Administration.
  883         (g) The effect of the construction or alteration of the
  884  proposed structure on the minimum descent altitude or the
  885  decision height at the affected airport.
  886         (h) The cumulative effects on navigable airspace of all
  887  existing structures and all other known proposed structures in
  888  the area.
  889         (i) Additional requirements adopted by the political
  890  subdivision or administrative agency pertinent to evaluation and
  891  protection of airspace and airport operations.
  892         (2) VARIANCES.—
  893         (a) Any person desiring to erect any structure, increase
  894  the height of any structure, permit the growth of any tree, or
  895  otherwise use his or her property in violation of the airport
  896  zoning regulations adopted under this chapter or any land
  897  development regulation adopted pursuant to the provisions of
  898  chapter 163 pertaining to airport land use compatibility, may
  899  apply to the board of adjustment for a variance from the zoning
  900  regulations in question. At the time of filing the application,
  901  the applicant shall forward to the department by certified mail,
  902  return receipt requested, a copy of the application. The
  903  department shall have 45 days from receipt of the application to
  904  comment and to provide its comments or waiver of that right to
  905  the applicant and the board of adjustment. The department shall
  906  include its explanation for any objections stated in its
  907  comments. If the department fails to provide its comments within
  908  45 days of receipt of the application, its right to comment is
  909  waived. The board of adjustment may proceed with its
  910  consideration of the application only upon the receipt of the
  911  department’s comments or waiver of that right as demonstrated by
  912  the filing of a copy of the return receipt with the board.
  913  Noncompliance with this section shall be grounds to appeal
  914  pursuant to s. 333.08 and to apply for judicial relief pursuant
  915  to s. 333.11. Such variances may only be allowed where a literal
  916  application or enforcement of the regulations would result in
  917  practical difficulty or unnecessary hardship and where the
  918  relief granted would not be contrary to the public interest but
  919  would do substantial justice and be in accordance with the
  920  spirit of the regulations and this chapter. However, any
  921  variance may be allowed subject to any reasonable conditions
  922  that the board of adjustment may deem necessary to effectuate
  923  the purposes of this chapter.
  924         (b) The Department of Transportation shall have the
  925  authority to appeal any variance granted under this chapter
  926  pursuant to s. 333.08, and to apply for judicial relief pursuant
  927  to s. 333.11.
  929         (a) In issuing a granting any permit or variance under this
  930  section, the political subdivision or its administrative agency
  931  or board of adjustment shall require the owner of the
  932  obstruction structure or tree in question to install, operate,
  933  and maintain thereon, at his or her own expense, such marking
  934  and lighting in conformance with the specific standards
  935  established by the Federal Aviation Administration as may be
  936  necessary to indicate to aircraft pilots the presence of an
  937  obstruction.
  938         (b) Such marking and lighting shall conform to the specific
  939  standards established by rule by the Department of
  940  Transportation.
  941         (c) Existing structures not in compliance on October 1,
  942  1988, shall be required to comply whenever the existing marking
  943  requires refurbishment, whenever the existing lighting requires
  944  replacement, or within 5 years of October 1, 1988, whichever
  945  occurs first.
  946         Section 13. Section 333.08, Florida Statutes, is repealed.
  947         Section 14. Section 333.09, Florida Statutes, is amended to
  948  read:
  949         333.09 Administration of airport protection zoning
  950  regulations.—
  951         (1) ADMINISTRATION.—All airport protection zoning
  952  regulations adopted under this chapter shall provide for the
  953  administration and enforcement of such regulations by the
  954  political subdivision or its administrative agency an
  955  administrative agency which may be an agency created by such
  956  regulations or any official, board, or other existing agency of
  957  the political subdivision adopting the regulations or of one of
  958  the political subdivisions which participated in the creation of
  959  the joint airport zoning board adopting the regulations, if
  960  satisfactory to that political subdivision, but in no case shall
  961  such administrative agency be or include any member of the board
  962  of adjustment. The duties of any administrative agency
  963  designated pursuant to this chapter must shall include that of
  964  hearing and deciding all permits under s. 333.07 s. 333.07(1),
  965  deciding all matters under s. 333.07(3), as they pertain to such
  966  agency, and all other matters under this chapter applying to
  967  said agency, but such agency shall not have or exercise any of
  968  the powers herein delegated to the board of adjustment.
  969         (2) LOCAL GOVERNMENT PROCESS.—
  970         (a) A political subdivision required to adopt airport
  971  zoning regulations under this chapter shall provide a process
  972  to:
  973         1. Issue or deny permits consistent with s. 333.07.
  974         2. Provide the department with a copy of a complete
  975  application consistent with s. 333.025(4).
  976         3. Enforce the issuance or denial of a permit or other
  977  determination made by the administrative agency with respect to
  978  airport zoning regulations.
  979         (b) If a zoning board or permitting body already exists
  980  within a political subdivision, the zoning board or permitting
  981  body may implement the airport zoning regulation permitting and
  982  appeals processes.
  983         (3) APPEALS.—
  984         (a) A person, a political subdivision or its administrative
  985  agency, or a joint airport zoning board that contends that a
  986  decision made by a political subdivision or its administrative
  987  agency is an improper application of airport zoning regulations
  988  may use the process established for an appeal.
  989         (b) All appeals taken under this section must be taken
  990  within a reasonable time, as provided by the political
  991  subdivision or its administrative agency, by filing with the
  992  entity from which the appeal is taken a notice of appeal
  993  specifying the grounds for appeal.
  994         (c) An appeal shall stay all proceedings in the underlying
  995  action appealed from, unless the entity from which the appeal is
  996  taken certifies pursuant to the rules for appeal that by reason
  997  of the facts stated in the certificate a stay would, in its
  998  opinion, cause imminent peril to life or property. In such
  999  cases, proceedings may not be stayed except by order of the
 1000  political subdivision or its administrative agency on notice to
 1001  the entity from which the appeal is taken and for good cause
 1002  shown.
 1003         (d) The political subdivision or its administrative agency
 1004  shall set a reasonable time for the hearing of appeals, give
 1005  public notice and due notice to the parties in interest, and
 1006  decide the same within a reasonable time. Upon the hearing, any
 1007  party may appear in person, by agent, or by attorney.
 1008         (e) The political subdivision or its administrative agency
 1009  may, in conformity with this chapter, affirm, reverse, or modify
 1010  the decision on the permit or other determination from which the
 1011  appeal is taken.
 1012         Section 15. Section 333.10, Florida Statutes, is repealed.
 1013         Section 16. Section 333.11, Florida Statutes, is amended to
 1014  read:
 1015         333.11 Judicial review.—
 1016         (1) Any person, aggrieved, or taxpayer affected, by any
 1017  decision of a board of adjustment, or any governing body of a
 1018  political subdivision, or the Department of Transportation or
 1019  any joint airport zoning board affected by a decision of a
 1020  political subdivision, or its of any administrative agency
 1021  hereunder, may apply for judicial relief to the circuit court in
 1022  the judicial circuit where the political subdivision board of
 1023  adjustment is located within 30 days after rendition of the
 1024  decision by the board of adjustment. Review shall be by petition
 1025  for writ of certiorari, which shall be governed by the Florida
 1026  Rules of Appellate Procedure.
 1027         (2) Upon presentation of such petition to the court, it may
 1028  allow a writ of certiorari, directed to the board of adjustment,
 1029  to review such decision of the board. The allowance of the writ
 1030  shall not stay the proceedings upon the decision appealed from,
 1031  but the court may, on application, on notice to the board, on
 1032  due hearing and due cause shown, grant a restraining order.
 1033         (3) The board of adjustment shall not be required to return
 1034  the original papers acted upon by it, but it shall be sufficient
 1035  to return certified or sworn copies thereof or of such portions
 1036  thereof as may be called for by the writ. The return shall
 1037  concisely set forth such other facts as may be pertinent and
 1038  material to show the grounds of the decision appealed from and
 1039  shall be verified.
 1040         (2)(4) The court has shall have exclusive jurisdiction to
 1041  affirm, reverse, or modify, or set aside the decision on the
 1042  permit or other determination from which the appeal is taken
 1043  brought up for review, in whole or in part, and, if appropriate
 1044  need be, to order further proceedings by the political
 1045  subdivision or its administrative agency board of adjustment.
 1046  The findings of fact by the political subdivision or its
 1047  administrative agency board, if supported by substantial
 1048  evidence, shall be accepted by the court as conclusive, and an
 1049  no objection to a decision of the political subdivision or its
 1050  administrative agency may not board shall be considered by the
 1051  court unless such objection was raised in the underlying
 1052  proceeding shall have been urged before the board, or, if it was
 1053  not so urged, unless there were reasonable grounds for failure
 1054  to do so.
 1055         (3)(5)If In any case in which airport zoning regulations
 1056  adopted under this chapter, although generally reasonable, are
 1057  held by a court to interfere with the use and enjoyment of a
 1058  particular structure or parcel of land to such an extent, or to
 1059  be so onerous in their application to such a structure or parcel
 1060  of land, as to constitute a taking or deprivation of that
 1061  property in violation of the State Constitution or the
 1062  Constitution of the United States, such holding shall not affect
 1063  the application of such regulations to other structures and
 1064  parcels of land, or such regulations as are not involved in the
 1065  particular decision.
 1066         (4)(6)A judicial No appeal to any court may not shall be
 1067  or is permitted under this section until the appellant has
 1068  exhausted all of its remedies through application for local
 1069  government permits, exceptions, and appeals, to any courts, as
 1070  herein provided, save and except an appeal from a decision of
 1071  the board of adjustment, the appeal herein provided being from
 1072  such final decision of such board only, the appellant being
 1073  hereby required to exhaust his or her remedies hereunder of
 1074  application for permits, exceptions and variances, and appeal to
 1075  the board of adjustment, and gaining a determination by said
 1076  board, before being permitted to appeal to the court hereunder.
 1077         Section 17. Section 333.12, Florida Statutes, is amended to
 1078  read:
 1079         333.12 Acquisition of air rights.—If In any case which: it
 1080  is desired to remove, lower or otherwise terminate a
 1081  nonconforming obstruction is determined to be an airport hazard
 1082  and the owner will not remove, lower, or otherwise eliminate it
 1083  structure or use; or the approach protection necessary cannot,
 1084  because of constitutional limitations, be provided by airport
 1085  zoning regulations under this chapter; or it appears advisable
 1086  that the necessary approach protection be provided by
 1087  acquisition of property rights rather than by airport zoning
 1088  regulations, the political subdivision within which the property
 1089  or nonconforming obstruction use is located, or the political
 1090  subdivision owning or operating the airport or being served by
 1091  it, may acquire, by purchase, grant, or condemnation in the
 1092  manner provided by chapter 73, such property, air right,
 1093  avigation navigation easement, or other estate, portion, or
 1094  interest in the property or nonconforming obstruction structure
 1095  or use or such interest in the air above such property, tree,
 1096  structure, or use, in question, as may be necessary to
 1097  effectuate the purposes of this chapter, and in so doing, if by
 1098  condemnation, to have the right to take immediate possession of
 1099  the property, interest in property, air right, or other right
 1100  sought to be condemned, at the time, and in the manner and form,
 1101  and as authorized by chapter 74. In the case of the purchase of
 1102  any property, or any easement, or estate or interest therein or
 1103  the acquisition of the same by the power of eminent domain, the
 1104  political subdivision making such purchase or exercising such
 1105  power shall, in addition to the damages for the taking, injury,
 1106  or destruction of property, also pay the cost of the removal and
 1107  relocation of any structure or any public utility that which is
 1108  required to be moved to a new location.
 1109         Section 18. Section 333.13, Florida Statutes, is amended to
 1110  read:
 1111         333.13 Enforcement and remedies.—
 1112         (1) Each violation of this chapter or of any airport zoning
 1113  regulations, orders, or rulings adopted promulgated or made
 1114  pursuant to this chapter shall constitute a misdemeanor of the
 1115  second degree, punishable as provided in s. 775.082 or s.
 1116  775.083, and each day a violation continues to exist shall
 1117  constitute a separate offense.
 1118         (2) In addition, the political subdivision or agency
 1119  adopting the airport zoning regulations under this chapter may
 1120  institute in any court of competent jurisdiction an action to
 1121  prevent, restrain, correct, or abate any violation of this
 1122  chapter or of airport zoning regulations adopted under this
 1123  chapter or of any order or ruling made in connection with their
 1124  administration or enforcement, and the court shall adjudge to
 1125  the plaintiff such relief, by way of injunction, (which may be
 1126  mandatory,) or otherwise, as may be proper under all the facts
 1127  and circumstances of the case in order to fully effectuate the
 1128  purposes of this chapter and of the regulations adopted and
 1129  orders and rulings made pursuant thereto.
 1130         (3) The department of Transportation may institute a civil
 1131  action for injunctive relief in the appropriate circuit court to
 1132  prevent violation of any provision of this chapter.
 1133         Section 19. Section 333.135, Florida Statutes, is created
 1134  to read:
 1135         333.135 Transition provisions.—
 1136         (1) Any airport zoning regulation in effect on July 1,
 1137  2016, which includes provisions in conflict with this chapter
 1138  shall be amended to conform to the requirements of this chapter
 1139  by July 1, 2017.
 1140         (2) Any political subdivision having an airport within its
 1141  territorial limits which has not adopted airport zoning
 1142  regulations shall, by July 1, 2017, adopt airport zoning
 1143  regulations consistent with this chapter.
 1144         (3) For those political subdivisions that have not yet
 1145  adopted airport zoning regulations pursuant to this chapter, the
 1146  department shall administer the permitting process as provided
 1147  in s. 333.025.
 1148         Section 20. Section 333.14, Florida Statutes, is repealed.
 1149         Section 21. Subsection (34) is added to section 334.044,
 1150  Florida Statutes, to read:
 1151         334.044 Department; powers and duties.—The department shall
 1152  have the following general powers and duties:
 1153         (34) To assume responsibilities of the United States
 1154  Department of Transportation with respect to highway projects
 1155  within the state under the National Environmental Policy Act of
 1156  1969, 42 U.S.C. s. 4321 et seq., and with respect to related
 1157  responsibilities for environmental review, consultation, or
 1158  other action required under any federal environmental law
 1159  pertaining to review or approval of a highway project within the
 1160  state. The department may assume responsibilities under 23
 1161  U.S.C. s. 327 and enter into one or more agreements, including
 1162  memoranda of understanding, with the United States Secretary of
 1163  Transportation related to the federal surface transportation
 1164  project delivery program for the delivery of highway projects,
 1165  as provided by 23 U.S.C. s. 327. The department may adopt rules
 1166  to implement this subsection and may adopt relevant federal
 1167  environmental standards as the standards for this state for a
 1168  program described in this subsection. Sovereign immunity from
 1169  civil suit in federal court is waived consistent with 23 U.S.C.
 1170  s. 327 and limited to the compliance, discharge, or enforcement
 1171  of a responsibility assumed by the department under this
 1172  subsection.
 1173         Section 22. Paragraph (d) of subsection (2) of section
 1174  334.30, Florida Statutes, is amended, current paragraph (e) of
 1175  subsection (6) of that section is redesignated as paragraph (f),
 1176  and new paragraph (e) is added to that section, to read:
 1177         334.30 Public-private transportation facilities.—The
 1178  Legislature finds and declares that there is a public need for
 1179  the rapid construction of safe and efficient transportation
 1180  facilities for the purpose of traveling within the state, and
 1181  that it is in the public’s interest to provide for the
 1182  construction of additional safe, convenient, and economical
 1183  transportation facilities.
 1184         (2) Agreements entered into pursuant to this section may
 1185  authorize the private entity to impose tolls or fares for the
 1186  use of the facility. The following provisions shall apply to
 1187  such agreements:
 1188         (d) The department shall provide the analysis required in
 1189  subparagraph (6)(f)2. (6)(e)2. to the Legislative Budget
 1190  Commission created pursuant to s. 11.90 for review and approval
 1191  prior to awarding a contract on a lease of an existing toll
 1192  facility.
 1193         (6) The procurement of public-private partnerships by the
 1194  department shall follow the provisions of this section. Sections
 1195  337.025, 337.11, 337.14, 337.141, 337.145, 337.175, 337.18,
 1196  337.185, 337.19, 337.221, and 337.251 shall not apply to
 1197  procurements under this section unless a provision is included
 1198  in the procurement documents. The department shall ensure that
 1199  generally accepted business practices for exemptions provided by
 1200  this subsection are part of the procurement process or are
 1201  included in the public-private partnership agreement.
 1202         (e) The department shall consult with staff of the Division
 1203  of Bond Finance of the State Board of Administration in
 1204  connection with a proposal to finance or refinance a
 1205  transportation facility pursuant to this section. The department
 1206  shall provide the division with the information necessary to
 1207  provide timely consultation and recommendations. The division
 1208  may make an independent recommendation to the Executive Office
 1209  of the Governor.
 1210         Section 23. Section 337.027, Florida Statutes, is created
 1211  to read:
 1212         337.027 Authority to implement a business development
 1213  program.—
 1214         (1) The Department of Transportation may establish a
 1215  program for highway projects that would assist small businesses.
 1216  The purpose of this program is to increase competition, lower
 1217  prices, and provide increased support to meet the department’s
 1218  future work program. The program may include, but is not limited
 1219  to, setting aside contracts, providing preference points for the
 1220  use of small businesses, providing special assistance in bidding
 1221  and contract completion, waiving bond requirements, and
 1222  implementing other strategies that would increase competition.
 1223         (2) For purposes of this section, the term “small business”
 1224  means a business with average gross receipts of less than $15
 1225  million for road and bridge contracts and less than $6.5 million
 1226  for professional and nonprofessional services contracts. A
 1227  business determines its size by averaging its annual gross
 1228  receipts over the last 3 years, including the receipts of an
 1229  affiliate as defined in s. 337.165.
 1230         (3) The department may adopt rules to implement this
 1231  section.
 1232         Section 24. Subsection (4) of section 338.165, Florida
 1233  Statutes, is amended, and subsection (11) is added to that
 1234  section, to read:
 1235         338.165 Continuation of tolls.—
 1236         (4) Notwithstanding any other law to the contrary, pursuant
 1237  to s. 11, Art. VII of the State Constitution, and subject to the
 1238  requirements of subsection (2), the Department of Transportation
 1239  may request the Division of Bond Finance to issue bonds secured
 1240  by toll revenues collected on the Alligator Alley and, the
 1241  Sunshine Skyway Bridge, the Beeline-East Expressway, the Navarre
 1242  Bridge, and the Pinellas Bayway to fund transportation projects
 1243  located within the county or counties in which the project is
 1244  located and contained in the adopted work program of the
 1245  department.
 1246         (11) The department’s Pinellas Bayway System may be
 1247  transferred by the department and become part of the turnpike
 1248  system under the Florida Turnpike Enterprise Law. The transfer
 1249  does not affect the rights of the parties, or their successors
 1250  in interest, under the settlement agreement and final judgment
 1251  in Leonard Lee Ratner, Esther Ratner, and Leeco Gas and Oil Co.
 1252  v. State Road Department of the State of Florida, No. 67-1081
 1253  (Fla. 2nd Cir. Ct. 1968). Upon transfer of the Pinellas Bayway
 1254  System to the turnpike system, the department shall also
 1255  transfer to the Florida Turnpike Enterprise the funds deposited
 1256  in the reserve account established by chapter 85-364, Laws of
 1257  Florida, as amended by chapters 95-382 and 2014-223, Laws of
 1258  Florida, which funds shall be used by the Florida Turnpike
 1259  Enterprise solely to help fund the costs of repair or
 1260  replacement of the transferred facilities.
 1261         Section 25. Chapter 85-364, Laws of Florida, as amended by
 1262  chapters 95-382 and section 48 of 2014-223, Laws of Florida, is
 1263  repealed.
 1264         Section 26. Paragraph (c) of subsection (3) of section
 1265  338.231, Florida Statutes, is amended to read:
 1266         338.231 Turnpike tolls, fixing; pledge of tolls and other
 1267  revenues.—The department shall at all times fix, adjust, charge,
 1268  and collect such tolls and amounts for the use of the turnpike
 1269  system as are required in order to provide a fund sufficient
 1270  with other revenues of the turnpike system to pay the cost of
 1271  maintaining, improving, repairing, and operating such turnpike
 1272  system; to pay the principal of and interest on all bonds issued
 1273  to finance or refinance any portion of the turnpike system as
 1274  the same become due and payable; and to create reserves for all
 1275  such purposes.
 1276         (3)
 1277         (c) Notwithstanding any other provision of law to the
 1278  contrary, any prepaid toll account of any kind which has
 1279  remained inactive for 10 3 years shall be presumed unclaimed and
 1280  its disposition shall be handled by the Department of Financial
 1281  Services in accordance with all applicable provisions of chapter
 1282  717 relating to the disposition of unclaimed property, and the
 1283  prepaid toll account shall be closed by the department.
 1284         Section 27. Section 339.0809, Florida Statutes, is created
 1285  to read:
 1286         339.0809 Florida Department of Transportation Financing
 1287  Corporation.—
 1288         (1) The Florida Department of Transportation Financing
 1289  Corporation is created as a nonprofit corporation for the
 1290  purpose of financing or refinancing projects for the department
 1291  as provided in subsection (5).
 1292         (2) When used in this section, the term “corporation” means
 1293  the Florida Department of Transportation Financing Corporation.
 1294         (3) The corporation shall be governed by a board of
 1295  directors consisting of the director of the Office of Policy and
 1296  Budget in the Executive Office of the Governor, the director of
 1297  the Division of Bond Finance, and the Secretary of
 1298  Transportation. The director of the Division of Bond Finance is
 1299  the chief executive officer of the corporation and shall direct
 1300  and supervise the administrative affairs of the corporation and
 1301  shall control, direct, and supervise the operation of the
 1302  corporation. The corporation shall have such other officers as
 1303  may be determined by the board of directors.
 1304         (4) The corporation shall have all of the powers of a
 1305  corporate body under the laws of this state to the extent that
 1306  they are not inconsistent with or restricted by this section,
 1307  including, but not limited to, the power to:
 1308         (a) Adopt, amend, and repeal bylaws not inconsistent with
 1309  this section.
 1310         (b) Sue and be sued.
 1311         (c) Adopt and use a common seal.
 1312         (d) Acquire, purchase, hold, lease, and convey such real
 1313  and personal property as may be proper or expedient to carry out
 1314  the purposes of the corporation and this section and to sell,
 1315  lease, or otherwise dispose of such property.
 1316         (e) Elect or appoint and employ such other officers,
 1317  agents, and employees as the corporation deems advisable to
 1318  operate and manage the affairs of the corporation, which
 1319  officers, agents, and employees may be officers or employees of
 1320  the department and the state agencies represented on the board
 1321  of directors of the corporation.
 1322         (f) Borrow money and issue notes, bonds, certificates of
 1323  indebtedness, or other obligations or evidences of indebtedness
 1324  necessary to finance or refinance projects as provided in
 1325  subsection (5).
 1326         (g) Make and execute any and all contracts, trust
 1327  agreements, and other instruments and agreements necessary or
 1328  convenient to accomplish the purposes of the corporation and
 1329  this section.
 1330         (h) Select, retain, and employ professionals, contractors,
 1331  or agents, which may include the Division of Bond Finance, as
 1332  necessary or convenient to enable or assist the corporation in
 1333  carrying out the purposes of the corporation and this section.
 1334         (i) Take any action necessary or convenient to carry out
 1335  the purposes of the corporation and this section and the powers
 1336  provided in this section.
 1337         (5) The corporation may enter into one or more service
 1338  contracts with the department to provide services to the
 1339  department in connection with projects approved in the
 1340  department’s work program, which approval specifically provides
 1341  that the department may enter into a service contract for the
 1342  project pursuant to this section. The department may enter into
 1343  one or more such service contracts with the corporation and
 1344  provide for payments under such contracts, subject to annual
 1345  appropriation by the Legislature. The proceeds from such service
 1346  contracts may be used for the corporation’s administrative costs
 1347  and expenses after the payments specified in subsection (6).
 1348  Each service contract may have a term of up to 35 years. In
 1349  compliance with s. 287.0641 and other applicable law, the
 1350  obligations of the department under such service contracts do
 1351  not constitute a general obligation of the state or a pledge of
 1352  the full faith and credit or taxing power of the state, and such
 1353  obligations are not an obligation of the State Board of
 1354  Administration or entities for which it invests funds, other
 1355  than the department as provided in this section, but are payable
 1356  solely from amounts available in the State Transportation Trust
 1357  Fund, subject to annual appropriation. In compliance with this
 1358  subsection and s. 287.0582, the service contract must expressly
 1359  include the following statement: “The State of Florida’s
 1360  performance and obligation to pay under this contract is
 1361  contingent upon an annual appropriation by the Legislature.”
 1362         (6) The corporation may issue and incur notes, bonds,
 1363  certificates of indebtedness, or other obligations or evidences
 1364  of indebtedness payable from and secured by amounts payable to
 1365  the corporation by the department under a service contract
 1366  entered into pursuant to subsection (5) for the purpose of
 1367  financing or refinancing projects approved as provided in that
 1368  subsection. The duration of any such note, bond, certificate of
 1369  indebtedness, or other obligation or evidence of indebtedness
 1370  may not exceed 30 annual maturities. The corporation may select
 1371  its financing team and issue its obligations through competitive
 1372  bidding or negotiated contracts, whichever is most cost
 1373  effective. Indebtedness of the corporation does not constitute a
 1374  debt or obligation of the state or a pledge of the full faith
 1375  and credit or taxing power of the state, but is payable from and
 1376  secured by payments made by the department under the service
 1377  contract.
 1378         (7) The fulfillment of the purposes of the corporation
 1379  promotes the health, safety, and general welfare of the people
 1380  of the state and serves essential governmental functions and a
 1381  paramount public purpose.
 1382         (8) The corporation is exempt from taxation and assessments
 1383  on its income, property, and assets or revenues acquired,
 1384  received, or used in the furtherance of the purposes provided in
 1385  this chapter. The obligations of the corporation incurred
 1386  pursuant to subsection (6) and the interest and income on such
 1387  obligations and all security agreements, letters of credit,
 1388  liquidity facilities, or other obligations or instruments
 1389  arising out of, entered into in connection with, or given to
 1390  secure payment of such obligations are exempt from taxation;
 1391  however, such exemption does not apply to any tax imposed under
 1392  chapter 220 on the interest, income, or profits on debt
 1393  obligations owned by corporations.
 1394         (9) The corporation may validate obligations to be incurred
 1395  pursuant to subsection (6) and the validity and enforceability
 1396  of any service contracts providing for payments pledged to the
 1397  payment of such obligations by proceedings under chapter 75. The
 1398  validation complaint may be filed only in the Circuit Court of
 1399  Leon County. The notice required to be published by s. 75.06
 1400  must be published in Leon County, and the complaint and order of
 1401  the circuit court may be served only on the State Attorney for
 1402  the Second Judicial Circuit. Sections 75.04(2) and 75.06(2) do
 1403  not apply to a complaint for validation filed under this
 1404  subsection.
 1405         (10) The corporation is not a special district for the
 1406  purposes of chapter 189 or a unit of local government for the
 1407  purposes of part III of chapter 218. The provisions of chapters
 1408  120 and 215, except the limitation on the interest rates
 1409  provided by s. 215.84, which applies to obligations of the
 1410  corporation issued pursuant to this section, and part I of
 1411  chapter 287, except ss. 287.0582 and 287.0641, do not apply to
 1412  this section, the corporation, the service contracts entered
 1413  into pursuant to this section, or debt obligations issued by the
 1414  corporation as contemplated in this section.
 1415         (11) The benefits and earnings of the corporation may not
 1416  inure to the benefit of any private person.
 1417         (12) Upon dissolution of the corporation, title to all
 1418  property owned by the corporation reverts to the state.
 1419         (13) The corporation may contract with the State Board of
 1420  Administration to serve as a trustee with respect to debt
 1421  obligations issued by the corporation as contemplated by this
 1422  section; to hold, administer, and invest proceeds of such debt
 1423  obligations and other funds of the corporation; and to perform
 1424  other services required by the corporation. The State Board of
 1425  Administration may perform such services and may contract with
 1426  others to provide all or a part of such services and to recover
 1427  its costs and other expenses thereof.
 1428         (14) The department may enter into a service contract in
 1429  conjunction with the issuance of debt obligations as provided in
 1430  this section which provides for periodic payments for debt
 1431  service or other amounts payable with respect to debt
 1432  obligations, plus any administrative expenses of the
 1433  corporation.
 1434         Section 28. Paragraph (a) of subsection (9) of section
 1435  348.0004, Florida Statutes, is amended to read:
 1436         348.0004 Purposes and powers.—
 1437         (9) The Legislature declares that there is a public need
 1438  for the rapid construction of safe and efficient transportation
 1439  facilities for traveling within the state and that it is in the
 1440  public’s interest to provide for public-private partnership
 1441  agreements to effectuate the construction of additional safe,
 1442  convenient, and economical transportation facilities.
 1443         (a) Notwithstanding any other provision of the Florida
 1444  Expressway Authority Act, any expressway authority,
 1445  transportation authority, bridge authority, or toll authority
 1446  may receive or solicit proposals and enter into agreements with
 1447  private entities, or consortia thereof, for the building,
 1448  operation, ownership, or financing of authority transportation
 1449  facilities or new transportation facilities within the
 1450  jurisdiction of the authority which increase transportation
 1451  capacity. An authority may not sell or lease any transportation
 1452  facility owned by the authority, without providing the analysis
 1453  required in s. 334.30(6) s. 334.30(6)(e)2. to the Legislative
 1454  Budget Commission created pursuant to s. 11.90 for review and
 1455  approval prior to awarding a contract on a lease of an existing
 1456  toll facility. An authority is authorized to adopt rules to
 1457  implement this subsection and shall, by rule, establish an
 1458  application fee for the submission of unsolicited proposals
 1459  under this subsection. The fee must be sufficient to pay the
 1460  costs of evaluating the proposals. An authority may engage
 1461  private consultants to assist in the evaluation. Before
 1462  approval, an authority must determine that a proposed project:
 1463         1. Is in the public’s best interest.
 1464         2. Would not require state funds to be used unless the
 1465  project is on or provides increased mobility on the State
 1466  Highway System.
 1467         3. Would have adequate safeguards to ensure that no
 1468  additional costs or service disruptions would be realized by the
 1469  traveling public and residents of the state in the event of
 1470  default or the cancellation of the agreement by the authority.
 1471         4. Would have adequate safeguards in place to ensure that
 1472  the department, the authority, or the private entity has the
 1473  opportunity to add capacity to the proposed project and other
 1474  transportation facilities serving similar origins and
 1475  destinations.
 1476         5. Would be owned by the authority upon completion or
 1477  termination of the agreement.
 1478         Section 29. This act shall take effect July 1, 2016.