Florida Senate - 2016                              CS for SB 756
       By the Committee on Transportation; and Senator Brandes
       596-01808-16                                           2016756c1
    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 Officer 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 and the Navarre Bridge;
  138         amending s. 338.231, F.S.; increasing the number of
  139         years before an inactive prepaid toll account is
  140         presumed unclaimed; creating s. 339.0809, F.S.;
  141         creating a nonprofit corporation to be known as the
  142         “Florida Department of Transportation Financing
  143         Corporation”; defining the term “corporation”;
  144         providing for membership of a governing board of
  145         directors; providing certain powers and duties;
  146         authorizing the corporation to enter into service
  147         contracts with the Department of Transportation
  148         subject to certain requirements; authorizing the
  149         corporation to issue and incur notes, bonds,
  150         certificates of indebtedness, or other obligations or
  151         evidences of indebtedness under certain circumstances;
  152         providing that the fulfillment of the purposes of the
  153         corporation promotes the health, safety, and general
  154         welfare of the people of the state and serves
  155         essential governmental functions and a paramount
  156         public purpose; providing certain exemptions from
  157         taxation and assessments; authorizing the corporation
  158         to validate certain obligations subject to certain
  159         requirements; providing applicability; prohibiting the
  160         benefits and earnings of the corporation from inuring
  161         to any private person; requiring title to all property
  162         owned by the corporation to revert to the state upon
  163         dissolution of the corporation; authorizing the
  164         corporation to contract with the State Board of
  165         Administration to perform certain services;
  166         authorizing the board to contract with others to
  167         provide such services and to recover certain costs;
  168         authorizing the department to enter into a service
  169         contract in conjunction with the issuance of debt
  170         obligations which provides for certain periodic
  171         payments; providing an effective date.
  173  Be It Enacted by the Legislature of the State of Florida:
  175         Section 1. Subsection (2) of section 311.07, Florida
  176  Statutes, is amended to read:
  177         311.07 Florida seaport transportation and economic
  178  development funding.—
  179         (2) A minimum of $25 $15 million per year shall be made
  180  available from the State Transportation Trust Fund to fund the
  181  Florida Seaport Transportation and Economic Development Program.
  182  The Florida Seaport Transportation and Economic Development
  183  Council created in s. 311.09 shall develop guidelines for
  184  project funding. Council staff, the Department of
  185  Transportation, and the Department of Economic Opportunity shall
  186  work in cooperation to review projects and allocate funds in
  187  accordance with the schedule required for the Department of
  188  Transportation to include these projects in the tentative work
  189  program developed pursuant to s. 339.135(4).
  190         Section 2. Subsection (9) of section 311.09, Florida
  191  Statutes, is amended to read:
  192         311.09 Florida Seaport Transportation and Economic
  193  Development Council.—
  194         (9) The Department of Transportation shall include at least
  195  $25 no less than $15 million per year in its annual legislative
  196  budget request for the Florida Seaport Transportation and
  197  Economic Development Program funded under s. 311.07. Such budget
  198  must shall include funding for projects approved by the council
  199  which have been determined by each agency to be consistent. The
  200  department shall include the specific approved Florida Seaport
  201  Transportation and Economic Development Program projects to be
  202  funded under s. 311.07 during the ensuing fiscal year in the
  203  tentative work program developed pursuant to s. 339.135(4). The
  204  total amount of funding to be allocated to Florida Seaport
  205  Transportation and Economic Development Program projects under
  206  s. 311.07 during the successive 4 fiscal years shall also be
  207  included in the tentative work program developed pursuant to s.
  208  339.135(4). The council may submit to the department a list of
  209  approved projects that could be made production-ready within the
  210  next 2 years. The list shall be submitted by the department as
  211  part of the needs and project list prepared pursuant to s.
  212  339.135(2)(b). However, the department shall, upon written
  213  request of the Florida Seaport Transportation and Economic
  214  Development Council, submit work program amendments pursuant to
  215  s. 339.135(7) to the Governor within 10 days after the later of
  216  the date the request is received by the department or the
  217  effective date of the amendment, termination, or closure of the
  218  applicable funding agreement between the department and the
  219  affected seaport, as required to release the funds from the
  220  existing commitment. Notwithstanding s. 339.135(7)(c), any work
  221  program amendment to transfer prior year funds from one approved
  222  seaport project to another seaport project is subject to the
  223  procedures in s. 339.135(7)(d). Notwithstanding any provision of
  224  law to the contrary, the department may transfer unexpended
  225  budget between the seaport projects as identified in the
  226  approved work program amendments.
  227         Section 3. Subsection (94) is added to section 316.003,
  228  Florida Statutes, to read:
  229         316.003 Definitions.—The following words and phrases, when
  230  used in this chapter, shall have the meanings respectively
  231  ascribed to them in this section, except where the context
  232  otherwise requires:
  233         (94) PORT OF ENTRY.—A designated location that allows
  234  drivers of commercial motor vehicles to purchase temporary
  235  registration permits necessary to operate legally within the
  236  state. The locations and the designated routes to such locations
  237  shall be determined by the Department of Transportation.
  238         Section 4. Paragraph (b) of subsection (2) of section
  239  316.545, Florida Statutes, is amended to read:
  240         316.545 Weight and load unlawful; special fuel and motor
  241  fuel tax enforcement; inspection; penalty; review.—
  242         (2)
  243         (b) The officer or inspector shall inspect the license
  244  plate or registration certificate of the commercial vehicle, as
  245  defined in s. 316.003(66), to determine if its gross weight is
  246  in compliance with the declared gross vehicle weight. If its
  247  gross weight exceeds the declared weight, the penalty shall be 5
  248  cents per pound on the difference between such weights. In those
  249  cases when the commercial vehicle, as defined in s. 316.003(66),
  250  is being operated over the highways of the state with an expired
  251  registration or with no registration from this or any other
  252  jurisdiction or is not registered under the applicable
  253  provisions of chapter 320, the penalty herein shall apply on the
  254  basis of 5 cents per pound on that scaled weight which exceeds
  255  35,000 pounds on laden truck tractor-semitrailer combinations or
  256  tandem trailer truck combinations, 10,000 pounds on laden
  257  straight trucks or straight truck-trailer combinations, or
  258  10,000 pounds on any unladen commercial motor vehicle. A driver
  259  of a commercial motor vehicle entering the state at a designated
  260  port-of-entry location, as defined in s. 316.003(94), or
  261  operating on designated routes to a port-of-entry location, who
  262  obtains a temporary registration permit shall be assessed a
  263  penalty limited to the difference between its gross weight and
  264  the declared gross vehicle weight at 5 cents per pound. If the
  265  license plate or registration has not been expired for more than
  266  90 days, the penalty imposed under this paragraph may not exceed
  267  $1,000. In the case of special mobile equipment as defined in s.
  268  316.003(48), which qualifies for the license tax provided for in
  269  s. 320.08(5)(b), being operated on the highways of the state
  270  with an expired registration or otherwise not properly
  271  registered under the applicable provisions of chapter 320, a
  272  penalty of $75 shall apply in addition to any other penalty
  273  which may apply in accordance with this chapter. A vehicle found
  274  in violation of this section may be detained until the owner or
  275  operator produces evidence that the vehicle has been properly
  276  registered. Any costs incurred by the retention of the vehicle
  277  shall be the sole responsibility of the owner. A person who has
  278  been assessed a penalty pursuant to this paragraph for failure
  279  to have a valid vehicle registration certificate pursuant to the
  280  provisions of chapter 320 is not subject to the delinquent fee
  281  authorized in s. 320.07 if such person obtains a valid
  282  registration certificate within 10 working days after such
  283  penalty was assessed.
  284         Section 5. Section 333.01, Florida Statutes, is amended to
  285  read:
  286         333.01 Definitions.—As used in For the purpose of this
  287  chapter, the term following words, terms, and phrases shall have
  288  the meanings herein given, unless otherwise specifically
  289  defined, or unless another intention clearly appears, or the
  290  context otherwise requires:
  291         (1) “Aeronautical study” means a Federal Aviation
  292  Administration study, conducted in accordance with the standards
  293  of 14 C.F.R. part 77, subpart C, and Federal Aviation
  294  Administration policy and guidance, on the effect of proposed
  295  construction or alteration upon the operation of air navigation
  296  facilities and the safe and efficient use of navigable airspace.
  297         (1) “Aeronautics” means transportation by aircraft; the
  298  operation, construction, repair, or maintenance of aircraft,
  299  aircraft power plants and accessories, including the repair,
  300  packing, and maintenance of parachutes; the design,
  301  establishment, construction, extension, operation, improvement,
  302  repair, or maintenance of airports, restricted landing areas, or
  303  other air navigation facilities, and air instruction.
  304         (2) “Airport” means any area of land or water designed and
  305  set aside for the landing and taking off of aircraft and used
  306  utilized or to be used utilized in the interest of the public
  307  for such purpose.
  308         (3) “Airport hazard” means an obstruction to air navigation
  309  which affects the safe and efficient use of navigable airspace
  310  or the operation of planned or existing air navigation and
  311  communication facilities any structure or tree or use of land
  312  which would exceed the federal obstruction standards as
  313  contained in 14 C.F.R. ss. 77.21, 77.23,77.25, 77.28, and 77.29
  314  and which obstructs the airspace required for the flight of
  315  aircraft in taking off, maneuvering, or landing or is otherwise
  316  hazardous to such taking off, maneuvering, or landing of
  317  aircraft and for which no person has previously obtained a
  318  permit or variance pursuant to s. 333.025 or s. 333.07.
  319         (4) “Airport hazard area” means any area of land or water
  320  upon which an airport hazard might be established if not
  321  prevented as provided in this chapter.
  322         (5) “Airport land use compatibility zoning” means airport
  323  zoning regulations governing restricting the use of land on,
  324  adjacent to, or in the immediate vicinity of airports in the
  325  manner enumerated in s. 333.03(2) to activities and purposes
  326  compatible with the continuation of normal airport operations
  327  including landing and takeoff of aircraft in order to promote
  328  public health, safety, and general welfare.
  329         (6) “Airport layout plan” means a set of scaled drawings
  330  that provide a graphic representation of the existing and future
  331  development plan for the airport and demonstrate the
  332  preservation and continuity of safety, utility, and efficiency
  333  of the airport detailed, scale engineering drawing, including
  334  pertinent dimensions, of an airport’s current and planned
  335  facilities, their locations, and runway usage.
  336         (7) “Airport master plan” means a comprehensive plan of an
  337  airport which typically describes current and future plans for
  338  airport development designed to support existing and future
  339  aviation demand.
  340         (8) “Airport protection zoning regulations” means airport
  341  zoning regulations governing airport hazards.
  342         (9) “Department” means the Department of Transportation as
  343  created under s. 20.23.
  344         (10) “Educational facility” means any structure, land, or
  345  use that includes a public or private kindergarten through 12th
  346  grade school, charter school, magnet school, college campus, or
  347  university campus. The term does not include space used for
  348  educational purposes within a multi-tenant building.
  349         (11) “Landfill” has the same meaning as provided in s.
  350  403.703.
  351         (12)(7) “Obstruction” means any existing or proposed
  352  manmade object or object, of natural growth or terrain, or
  353  structure construction or alteration that exceeds violates the
  354  federal obstruction standards contained in 14 C.F.R. part 77,
  355  subpart C ss. 77.21, 77.23, 77.25, 77.28, and 77.29. The term
  356  includes:
  357         (a) Any object of natural growth or terrain;
  358         (b) Permanent or temporary construction or alteration,
  359  including equipment or materials used and any permanent or
  360  temporary apparatus; or
  361         (c) Alteration of any permanent or temporary existing
  362  structure by a change in the structure’s height, including
  363  appurtenances, lateral dimensions, and equipment or materials
  364  used in the structure.
  365         (13)(8) “Person” means any individual, firm, copartnership,
  366  corporation, company, association, joint-stock association, or
  367  body politic, and includes any trustee, receiver, assignee, or
  368  other similar representative thereof.
  369         (14)(9) “Political subdivision” means the local government
  370  of any county, municipality city, town, village, or other
  371  subdivision or agency thereof, or any district or special
  372  district, port commission, port authority, or other such agency
  373  authorized to establish or operate airports in the state.
  374         (15) “Public-use airport” means an airport, publicly or
  375  privately owned, licensed by the state, which is open for use by
  376  the public.
  377         (16)(10) “Runway protection clear zone” means an area at
  378  ground level beyond the runway end to enhance the safety and
  379  protection of people and property on the ground a runway clear
  380  zone as defined in 14 C.F.R. s. 151.9(b).
  381         (17)(11) “Structure” means any object, constructed,
  382  erected, altered, or installed by humans, including, but not
  383  limited to without limitation thereof, buildings, towers,
  384  smokestacks, utility poles, power generation equipment, and
  385  overhead transmission lines.
  386         (18) “Substantial modification” means any repair,
  387  reconstruction, rehabilitation, or improvement of a structure
  388  when the actual cost of the repair, reconstruction,
  389  rehabilitation, or improvement of the structure equals or
  390  exceeds 50 percent of the market value of the structure.
  391         (12) “Tree” includes any plant of the vegetable kingdom.
  392         Section 6. Section 333.025, Florida Statutes, is amended to
  393  read:
  394         333.025 Permit required for obstructions structures
  395  exceeding federal obstruction standards.—
  396         (1) A person proposing the construction or alteration In
  397  order to prevent the erection of an obstruction must obtain a
  398  permit from the department structures dangerous to air
  399  navigation, subject to the provisions of subsections (2), (3),
  400  and (4), each person shall secure from the Department of
  401  Transportation a permit for the erection, alteration, or
  402  modification of any structure the result of which would exceed
  403  the federal obstruction standards as contained in 14 C.F.R. ss.
  404  77.21, 77.23, 77.25, 77.28, and 77.29. However, permits from the
  405  department of Transportation will be required only within an
  406  airport hazard area where federal obstruction standards are
  407  exceeded and if the proposed construction or alteration is
  408  within a 10-nautical-mile radius of the airport reference point,
  409  located at the approximate geometric geographical center of all
  410  usable runways of a public-use airport or a publicly owned or
  411  operated airport, a military airport, or an airport licensed by
  412  the state for public use.
  413         (2) Existing, planned, and proposed Affected airports will
  414  be considered as having those facilities on public-use airports
  415  contained in an which are shown on the airport master plan, in
  416  or an airport layout plan submitted to the Federal Aviation
  417  Administration, Airport District Office or in comparable
  418  military documents shall, and will be so protected from airport
  419  hazards. Planned or proposed public-use airports which are the
  420  subject of a notice or proposal submitted to the Federal
  421  Aviation Administration or to the Department of Transportation
  422  shall also be protected.
  423         (3) A permit is not required for existing structures that
  424  requirements of subsection (1) shall not apply to projects which
  425  received construction permits from the Federal Communications
  426  Commission for structures exceeding federal obstruction
  427  standards before prior to May 20, 1975, provided such structures
  428  now exist; a permit is not required for nor shall it apply to
  429  previously approved structures now existing, or any necessary
  430  replacement or repairs to such existing structures if, so long
  431  as the height and location are is unchanged.
  432         (4) If When political subdivisions have, in compliance with
  433  this chapter, adopted adequate airport airspace protection
  434  zoning regulations, placed in compliance with s. 333.03, and
  435  such regulations are on file with the department’s aviation
  436  office, and established a permitting process Department of
  437  Transportation, a permit for the construction or alteration of
  438  an obstruction is such structure shall not be required from the
  439  department of Transportation. Upon receipt of a complete permit
  440  application, the local government shall provide a copy of the
  441  application to the department’s aviation office by certified
  442  mail, return receipt requested, or by a delivery service that
  443  provides a receipt evidencing delivery. To evaluate technical
  444  consistency with this subsection, the department shall have a
  445  15-day review period following receipt of the application, which
  446  must run concurrently with the local government permitting
  447  process. Cranes, construction equipment, and other temporary
  448  structures in use or in place for a period not to exceed 18
  449  consecutive months are exempt from the department’s review,
  450  unless such review is requested by the department.
  451         (5) The department of Transportation shall, within 30 days
  452  after of the receipt of an application for a permit, issue or
  453  deny a permit for the construction or erection, alteration, or
  454  modification of an obstruction any structure the result of which
  455  would exceed federal obstruction standards as contained in 14
  456  C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29. The department
  457  shall review permit applications in conformity with s. 120.60.
  458         (6) In determining whether to issue or deny a permit, the
  459  department shall consider:
  460         (a) The safety of persons on the ground and in the air.
  461         (b) The safe and efficient use of navigable airspace.
  462         (c)(a) The nature of the terrain and height of existing
  463  structures.
  464         (b) Public and private interests and investments.
  465         (d) The effect of the construction or alteration of an
  466  obstruction on the state licensing standards for a public-use
  467  airport contained in chapter 330 and rules adopted thereunder.
  468         (e)(c) The character of existing and planned flight flying
  469  operations and planned developments at public-use of airports.
  470         (f)(d) Federal airways, visual flight rules, flyways and
  471  corridors, and instrument approaches as designated by the
  472  Federal Aviation Administration.
  473         (g)(e)The effect of Whether the construction or alteration
  474  of an obstruction on the proposed structure would cause an
  475  increase in the minimum descent altitude or the decision height
  476  at the affected airport.
  477         (f) Technological advances.
  478         (g) The safety of persons on the ground and in the air.
  479         (h) Land use density.
  480         (i) The safe and efficient use of navigable airspace.
  481         (h)(j) The cumulative effects on navigable airspace of all
  482  existing obstructions structures, proposed structures identified
  483  in the applicable jurisdictions’ comprehensive plans, and all
  484  other known proposed obstructions structures in the area.
  485         (7) When issuing a permit under this section, the
  486  department of Transportation shall, as a specific condition of
  487  such permit, require the owner obstruction marking and lighting
  488  of the obstruction to install, operate, and maintain, at the
  489  owner’s expense, marking and lighting in conformance with the
  490  specific standards established by the Federal Aviation
  491  Administration permitted structure as provided in s.
  492  333.07(3)(b).
  493         (8) The department may of Transportation shall not approve
  494  a permit for the construction or alteration erection of an
  495  obstruction a structure unless the applicant submits both
  496  documentation showing both compliance with the federal
  497  requirement for notification of proposed construction or
  498  alteration and a valid aeronautical study. A evaluation, and no
  499  permit may not shall be approved solely on the basis that the
  500  Federal Aviation Administration determined that the such
  501  proposed construction or alteration of an obstruction was not an
  502  airport hazard structure will not exceed federal obstruction
  503  standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
  504  77.28, or 77.29, or any other federal aviation regulation.
  505         (9) The denial of a permit under this section is subject to
  506  administrative review pursuant to chapter 120.
  507         Section 7. Section 333.03, Florida Statutes, is amended to
  508  read:
  509         333.03 Requirement Power to adopt airport zoning
  510  regulations.—
  511         (1)(a) In order to prevent the creation or establishment of
  512  airport hazards, Every political subdivision having an airport
  513  hazard area within its territorial limits shall, by October 1,
  514  1977, adopt, administer, and enforce, under the police power and
  515  in the manner and upon the conditions hereinafter prescribed in
  516  this section, airport protection zoning regulations for such
  517  airport hazard area.
  518         (b) If where an airport is owned or controlled by a
  519  political subdivision and any other political subdivision has
  520  land, upon which an obstruction may be constructed or altered,
  521  underlying any of the 14 C.F.R. Part 77, subpart C surfaces of
  522  the airport, the political subdivisions airport hazard area
  523  appertaining to such airport is located wholly or partly outside
  524  the territorial limits of said political subdivision, the
  525  political subdivision owning or controlling the airport and the
  526  political subdivision within which the airport hazard area is
  527  located, shall either:
  528         1. By interlocal agreement, in accordance with the
  529  provisions of chapter 163, adopt, administer, and enforce a set
  530  of airport protection zoning regulations applicable to the
  531  airport hazard area in question; or
  532         2. By ordinance, regulation, or resolution duly adopted,
  533  create a joint airport protection zoning board that, which board
  534  shall have the same power to adopt, administer, and enforce a
  535  set of airport protection zoning regulations applicable to the
  536  airport hazard area in question as that vested in paragraph (a)
  537  in the political subdivision within which such area is located.
  538  The Each such joint airport protection zoning board shall have
  539  as voting members two representatives appointed by each
  540  participating political subdivision participating in its
  541  creation and in addition a chair elected by a majority of the
  542  members so appointed. However, The airport manager or a
  543  representative of each airport in managers of the affected
  544  participating political subdivisions shall serve on the board in
  545  a nonvoting capacity.
  546         (c) Airport protection zoning regulations adopted under
  547  paragraph (a) must shall, at as a minimum, require:
  548         1. A permit variance for the construction or erection,
  549  alteration, or modification of any obstruction structure which
  550  would cause the structure to exceed the federal obstruction
  551  standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
  552  77.28, and 77.29;
  553         2. Obstruction marking and lighting for obstructions
  554  structures as specified in s. 333.07(3);
  555         3. Documentation showing compliance with the federal
  556  requirement for notification of proposed construction or
  557  alteration of structures and a valid aeronautical study
  558  evaluation submitted by each person applying for a permit
  559  variance;
  560         4. Consideration of the criteria in s. 333.025(6), when
  561  determining whether to issue or deny a permit variance; and
  562         5. That approval of a permit not be based no variance shall
  563  be approved solely on the determination by the Federal Aviation
  564  Administration basis that the such proposed structure is not an
  565  airport hazard will not exceed federal obstruction standards as
  566  contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, or 77.29,
  567  or any other federal aviation regulation.
  568         (d) The department shall be available to provide assistance
  569  to political subdivisions regarding federal obstruction
  570  standards shall issue copies of the federal obstruction
  571  standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
  572  77.28, and 77.29 to each political subdivision having airport
  573  hazard areas and, in cooperation with political subdivisions,
  574  shall issue appropriate airport zoning maps depicting within
  575  each county the maximum allowable height of any structure or
  576  tree. Material distributed pursuant to this subsection shall be
  577  at no cost to authorized recipients.
  578         (2) In the manner provided in subsection (1), political
  579  subdivisions shall adopt, administer, and enforce interim
  580  airport land use compatibility zoning regulations shall be
  581  adopted. Airport land use compatibility zoning When political
  582  subdivisions have adopted land development regulations shall, at
  583  a minimum, in accordance with the provisions of chapter 163
  584  which address the use of land in the manner consistent with the
  585  provisions herein, adoption of airport land use compatibility
  586  regulations pursuant to this subsection shall not be required.
  587  Interim airport land use compatibility zoning regulations shall
  588  consider the following:
  589         (a) The prohibition of new landfills and the restriction of
  590  existing landfills Whether sanitary landfills are located within
  591  the following areas:
  592         1. Within 10,000 feet from the nearest point of any runway
  593  used or planned to be used by turbine turbojet or turboprop
  594  aircraft.
  595         2. Within 5,000 feet from the nearest point of any runway
  596  used only by only nonturbine piston-type aircraft.
  597         3. Outside the perimeters defined in subparagraphs 1. and
  598  2., but still within the lateral limits of the civil airport
  599  imaginary surfaces defined in 14 C.F.R. s. 77.19 part 77.25.
  600  Case-by-case review of such landfills is advised.
  601         (b) Where Whether any landfill is located and constructed
  602  in a manner so that it attracts or sustains hazardous bird
  603  movements from feeding, water, or roosting areas into, or
  604  across, the runways or approach and departure patterns of
  605  aircraft. The landfill operator must political subdivision shall
  606  request from the airport authority or other governing body
  607  operating the airport a report on such bird feeding or roosting
  608  areas that at the time of the request are known to the airport.
  609  In preparing its report, the authority, or other governing body,
  610  shall consider whether the landfill will incorporate bird
  611  management techniques or other practices to minimize bird
  612  hazards to airborne aircraft. The airport authority or other
  613  governing body shall respond to the political subdivision no
  614  later than 30 days after receipt of such request.
  615         (c) Where an airport authority or other governing body
  616  operating a publicly owned, public-use airport has conducted a
  617  noise study in accordance with the provisions of 14 C.F.R. part
  618  150, or where a public-use airport owner has established noise
  619  contours pursuant to another public study approved by the
  620  Federal Aviation Administration, the prohibition of incompatible
  621  uses, as established in the noise study in 14 C.F.R. part 150,
  622  Appendix A or as a part of an alternative Federal Aviation
  623  Administration-approved public study, within the noise contours
  624  established by any of these studies, except if such uses are
  625  specifically contemplated by such study with appropriate
  626  mitigation or similar techniques described in the study neither
  627  residential construction nor any educational facility as defined
  628  in chapter 1013, with the exception of aviation school
  629  facilities, shall be permitted within the area contiguous to the
  630  airport defined by an outer noise contour that is considered
  631  incompatible with that type of construction by 14 C.F.R. part
  632  150, Appendix A or an equivalent noise level as established by
  633  other types of noise studies.
  634         (d) Where an airport authority or other governing body
  635  operating a publicly owned, public-use airport has not conducted
  636  a noise study, the prohibition of neither residential
  637  construction and nor any educational facility as defined in
  638  chapter 1013, with the exception of aviation school facilities,
  639  shall be permitted within an area contiguous to the airport
  640  measuring one-half the length of the longest runway on either
  641  side of and at the end of each runway centerline.
  642         (e)(3)The restriction of In the manner provided in
  643  subsection (1), airport zoning regulations shall be adopted
  644  which restrict new incompatible uses, activities, or substantial
  645  modifications to existing incompatible uses construction within
  646  runway protection clear zones, including uses, activities, or
  647  construction in runway clear zones which are incompatible with
  648  normal airport operations or endanger public health, safety, and
  649  welfare by resulting in congregations of people, emissions of
  650  light or smoke, or attraction of birds. Such regulations shall
  651  prohibit the construction of an educational facility of a public
  652  or private school at either end of a runway of a publicly owned,
  653  public-use airport within an area which extends 5 miles in a
  654  direct line along the centerline of the runway, and which has a
  655  width measuring one-half the length of the runway. Exceptions
  656  approving construction of an educational facility within the
  657  delineated area shall only be granted when the political
  658  subdivision administering the zoning regulations makes specific
  659  findings detailing how the public policy reasons for allowing
  660  the construction outweigh health and safety concerns prohibiting
  661  such a location.
  662         (4) The procedures outlined in subsections (1), (2), and
  663  (3) for the adoption of such regulations are supplemental to any
  664  existing procedures utilized by political subdivisions in the
  665  adoption of such regulations.
  666         (3)(5)Political subdivisions shall provide The Department
  667  of Transportation shall provide technical assistance to any
  668  political subdivision requesting assistance in the preparation
  669  of an airport zoning code. a copy of all local airport
  670  protection zoning codes, rules, and regulations and airport land
  671  use compatibility zoning regulations, and any related amendments
  672  and proposed and granted variances thereto, to shall be filed
  673  with the department’s aviation office within 30 days after
  674  adoption department.
  675         (4)(6)Nothing in Subsection (2) may not or subsection (3)
  676  shall be construed to require the removal, alteration, sound
  677  conditioning, or other change, or to interfere with the
  678  continued use or adjacent expansion of any educational facility
  679  structure or site in existence on July 1, 1993, or be construed
  680  to prohibit the construction of any new structure for which a
  681  site has been determined as provided in former s. 235.19, as of
  682  July 1, 1993.
  683         (5) This section does not prohibit an airport authority, a
  684  political subdivision or its administrative agency, or any other
  685  governing body operating a public-use airport from establishing
  686  airport zoning regulations more restrictive than prescribed in
  687  this section in order to protect the health, safety, and welfare
  688  of the public in the air and on the ground.
  689         Section 8. Section 333.04, Florida Statutes, is amended to
  690  read:
  691         333.04 Comprehensive zoning regulations; most stringent to
  692  prevail where conflicts occur.—
  693         (1) INCORPORATION.—In the event that a political
  694  subdivision has adopted, or hereafter adopts, a comprehensive
  695  plan or policy zoning ordinance regulating, among other things,
  696  the height of buildings, structures, and natural objects, and
  697  uses of property, any airport zoning regulations applicable to
  698  the same area or portion thereof may be incorporated in and made
  699  a part of such comprehensive plan or policy zoning regulations,
  700  and be administered and enforced in connection therewith.
  701         (2) CONFLICT.—In the event of conflict between any airport
  702  zoning regulations adopted under this chapter and any other
  703  regulations applicable to the same area, whether the conflict be
  704  with respect to the height of structures or vegetation trees,
  705  the use of land, or any other matter, and whether such
  706  regulations were adopted by the political subdivision that which
  707  adopted the airport zoning regulations or by some other
  708  political subdivision, the more stringent limitation or
  709  requirement shall govern and prevail.
  710         Section 9. Section 333.05, Florida Statutes, is amended to
  711  read:
  712         333.05 Procedure for adoption of airport zoning
  713  regulations.—
  714         (1) NOTICE AND HEARING.—No Airport zoning regulations may
  715  not shall be adopted, amended, or repealed changed under this
  716  chapter except by action of the legislative body of the
  717  political subdivision or affected subdivisions in question, or
  718  the joint board provided in s. 333.03(1)(b)2. s. 333.03(1)(b) by
  719  the political subdivisions bodies therein provided and set
  720  forth, after a public hearing in relation thereto, at which
  721  parties in interest and citizens shall have an opportunity to be
  722  heard. Notice of the hearing shall be published at least once a
  723  week for 2 consecutive weeks in a newspaper an official paper,
  724  or a paper of general circulation, in the political subdivision
  725  or subdivisions where in which are located the airport zoning
  726  regulations are areas to be adopted, amended, or repealed zoned.
  727         (2) AIRPORT ZONING COMMISSION.—Before Prior to the initial
  728  zoning of any airport area under this chapter, the political
  729  subdivision or joint airport zoning board that which is to
  730  adopt, administer, and enforce the regulations must shall
  731  appoint a commission, to be known as the airport zoning
  732  commission, to recommend the boundaries of the various zones to
  733  be established and the regulations to be adopted therefor. Such
  734  commission shall make a preliminary report and hold public
  735  hearings thereon before submitting its final report, and the
  736  legislative body of the political subdivision or the joint
  737  airport zoning board may shall not hold its public hearings or
  738  take any action until it has received the final report of such
  739  commission, and at least 15 days shall elapse between the
  740  receipt of the final report of the commission and the hearing to
  741  be held by the latter board. If Where a planning city plan
  742  commission, an airport commission, or a comprehensive zoning
  743  commission already exists, it may be appointed as the airport
  744  zoning commission.
  745         Section 10. Section 333.06, Florida Statutes, is amended to
  746  read:
  747         333.06 Airport zoning regulation requirements.—
  748         (1) REASONABLENESS.—All airport zoning regulations adopted
  749  under this chapter shall be reasonable and may not none shall
  750  impose any requirement or restriction which is not reasonably
  751  necessary to effectuate the purposes of this chapter. In
  752  determining what regulations it may adopt, each political
  753  subdivision and joint airport zoning board shall consider, among
  754  other things, the character of the flying operations expected to
  755  be conducted at the airport, the nature of the terrain within
  756  the airport hazard area and runway protection clear zones, the
  757  character of the neighborhood, the uses to which the property to
  758  be zoned is put and adaptable, and the impact of any new use,
  759  activity, or construction on the airport’s operating capability
  760  and capacity.
  761         (2) INDEPENDENT JUSTIFICATION.—The purpose of all airport
  762  zoning regulations adopted under this chapter is to provide both
  763  airspace protection and land uses use compatible with airport
  764  operations. Each aspect of this purpose requires independent
  765  justification in order to promote the public interest in safety,
  766  health, and general welfare. Specifically, construction in a
  767  runway protection clear zone which does not exceed airspace
  768  height restrictions is not conclusive evidence per se that such
  769  use, activity, or construction is compatible with airport
  770  operations.
  771         (3) NONCONFORMING USES.—An No airport protection zoning
  772  regulation regulations adopted under this chapter may not shall
  773  require the removal, lowering, or other change or alteration of
  774  any obstruction structure or tree not conforming to the
  775  regulation regulations when adopted or amended, or otherwise
  776  interfere with the continuance of any nonconforming use, except
  777  as provided in s. 333.07(1) and (3).
  779  LOCAL GOVERNMENTS.—An airport master plan shall be prepared by
  780  each public-use publicly owned and operated airport licensed by
  781  the department of Transportation under chapter 330. The
  782  authorized entity having responsibility for governing the
  783  operation of the airport, when either requesting from or
  784  submitting to a state or federal governmental agency with
  785  funding or approval jurisdiction a “finding of no significant
  786  impact,” an environmental assessment, a site-selection study, an
  787  airport master plan, or any amendment to an airport master plan,
  788  shall submit simultaneously a copy of said request, submittal,
  789  assessment, study, plan, or amendments by certified mail to all
  790  affected local governments. As used in For the purposes of this
  791  subsection, the term “affected local government” is defined as
  792  any municipality city or county having jurisdiction over the
  793  airport and any municipality city or county located within 2
  794  miles of the boundaries of the land subject to the airport
  795  master plan.
  796         Section 11. Section 333.065, Florida Statutes, is repealed.
  797         Section 12. Section 333.07, Florida Statutes, is amended to
  798  read:
  799         333.07 Local government permitting of airspace obstructions
  800  Permits and variances.—
  801         (1) PERMITS.—
  802         (a) A person proposing to construct, alter, or allow an
  803  airport obstruction in an airport hazard area in violation of
  804  the airport protection zoning regulations adopted under this
  805  chapter must apply for a permit. A Any airport zoning
  806  regulations adopted under this chapter may require that a permit
  807  be obtained before any new structure or use may be constructed
  808  or established and before any existing use or structure may be
  809  substantially changed or substantially altered or repaired. In
  810  any event, however, all such regulations shall provide that
  811  before any nonconforming structure or tree may be replaced,
  812  substantially altered or repaired, rebuilt, allowed to grow
  813  higher, or replanted, a permit must be secured from the
  814  administrative agency authorized to administer and enforce the
  815  regulations, authorizing such replacement, change, or repair. No
  816  permit may not shall be issued if it granted that would allow
  817  the establishment or creation of an airport hazard or if it
  818  would permit a nonconforming obstruction structure or tree or
  819  nonconforming use to be made or become higher or to become a
  820  greater hazard to air navigation than it was when the applicable
  821  airport protection zoning regulation was adopted which allowed
  822  the establishment or creation of the obstruction, or than it is
  823  when the application for a permit is made.
  824         (b) If Whenever the political subdivision or its
  825  administrative agency determines that a nonconforming
  826  obstruction use or nonconforming structure or tree has been
  827  abandoned or is more than 80 percent torn down, destroyed,
  828  deteriorated, or decayed, a no permit may not shall be granted
  829  if it that would allow the obstruction said structure or tree to
  830  exceed the applicable height limit or otherwise deviate from the
  831  airport protection zoning regulations.; and, Whether or not an
  832  application is made for a permit under this subsection or not,
  833  the said agency may by appropriate action, compel the owner of
  834  the nonconforming obstruction may be required structure or tree,
  835  at his or her own expense, to lower, remove, reconstruct, alter,
  836  or equip such obstruction object as may be necessary to conform
  837  to the current airport protection zoning regulations. If the
  838  owner of the nonconforming obstruction neglects or refuses
  839  structure or tree shall neglect or refuse to comply with such
  840  requirement order for 10 days after notice thereof, the
  841  administrative said agency may report the violation to the
  842  political subdivision involved therein, which subdivision,
  843  through its appropriate agency, may proceed to have the
  844  obstruction object so lowered, removed, reconstructed, altered,
  845  or equipped, and assess the cost and expense thereof upon the
  846  owner of the obstruction object or the land whereon it is or was
  847  located, and, unless such an assessment is paid within 90 days
  848  from the service of notice thereof on the owner or the owner’s
  849  agent, of such object or land, the sum shall be a lien on said
  850  land, and shall bear interest thereafter at the rate of 6
  851  percent per annum until paid, and shall be collected in the same
  852  manner as taxes on real property are collected by said political
  853  subdivision, or, at the option of said political subdivision,
  854  said lien may be enforced in the manner provided for enforcement
  855  of liens by chapter 85.
  856         (c) Except as provided herein, applications for permits
  857  shall be granted, provided the matter applied for meets the
  858  provisions of this chapter and the regulations adopted and in
  859  force hereunder.
  861  determining whether to issue or deny a permit, the political
  862  subdivision or its administrative agency must consider the
  863  following, as applicable:
  864         (a) The safety of persons on the ground and in the air.
  865         (b) The safe and efficient use of navigable airspace.
  866         (c) The nature of the terrain and height of existing
  867  structures.
  868         (d) The effect of the construction or alteration on the
  869  state licensing standards for a public-use airport contained in
  870  chapter 330 and rules adopted thereunder.
  871         (e) The character of existing and planned flight operations
  872  and developments at public-use airports.
  873         (f) Federal airways, visual flight rules, flyways and
  874  corridors, and instrument approaches as designated by the
  875  Federal Aviation Administration.
  876         (g) The effect of the construction or alteration of the
  877  proposed structure on the minimum descent altitude or the
  878  decision height at the affected airport.
  879         (h) The cumulative effects on navigable airspace of all
  880  existing structures and all other known proposed structures in
  881  the area.
  882         (i) Additional requirements adopted by the political
  883  subdivision or administrative agency pertinent to evaluation and
  884  protection of airspace and airport operations.
  885         (2) VARIANCES.—
  886         (a) Any person desiring to erect any structure, increase
  887  the height of any structure, permit the growth of any tree, or
  888  otherwise use his or her property in violation of the airport
  889  zoning regulations adopted under this chapter or any land
  890  development regulation adopted pursuant to the provisions of
  891  chapter 163 pertaining to airport land use compatibility, may
  892  apply to the board of adjustment for a variance from the zoning
  893  regulations in question. At the time of filing the application,
  894  the applicant shall forward to the department by certified mail,
  895  return receipt requested, a copy of the application. The
  896  department shall have 45 days from receipt of the application to
  897  comment and to provide its comments or waiver of that right to
  898  the applicant and the board of adjustment. The department shall
  899  include its explanation for any objections stated in its
  900  comments. If the department fails to provide its comments within
  901  45 days of receipt of the application, its right to comment is
  902  waived. The board of adjustment may proceed with its
  903  consideration of the application only upon the receipt of the
  904  department’s comments or waiver of that right as demonstrated by
  905  the filing of a copy of the return receipt with the board.
  906  Noncompliance with this section shall be grounds to appeal
  907  pursuant to s. 333.08 and to apply for judicial relief pursuant
  908  to s. 333.11. Such variances may only be allowed where a literal
  909  application or enforcement of the regulations would result in
  910  practical difficulty or unnecessary hardship and where the
  911  relief granted would not be contrary to the public interest but
  912  would do substantial justice and be in accordance with the
  913  spirit of the regulations and this chapter. However, any
  914  variance may be allowed subject to any reasonable conditions
  915  that the board of adjustment may deem necessary to effectuate
  916  the purposes of this chapter.
  917         (b) The Department of Transportation shall have the
  918  authority to appeal any variance granted under this chapter
  919  pursuant to s. 333.08, and to apply for judicial relief pursuant
  920  to s. 333.11.
  922         (a) In issuing a granting any permit or variance under this
  923  section, the political subdivision or its administrative agency
  924  or board of adjustment shall require the owner of the
  925  obstruction structure or tree in question to install, operate,
  926  and maintain thereon, at his or her own expense, such marking
  927  and lighting in conformance with the specific standards
  928  established by the Federal Aviation Administration as may be
  929  necessary to indicate to aircraft pilots the presence of an
  930  obstruction.
  931         (b) Such marking and lighting shall conform to the specific
  932  standards established by rule by the Department of
  933  Transportation.
  934         (c) Existing structures not in compliance on October 1,
  935  1988, shall be required to comply whenever the existing marking
  936  requires refurbishment, whenever the existing lighting requires
  937  replacement, or within 5 years of October 1, 1988, whichever
  938  occurs first.
  939         Section 13. Section 333.08, Florida Statutes, is repealed.
  940         Section 14. Section 333.09, Florida Statutes, is amended to
  941  read:
  942         333.09 Administration of airport protection zoning
  943  regulations.—
  944         (1) ADMINISTRATION.—All airport protection zoning
  945  regulations adopted under this chapter shall provide for the
  946  administration and enforcement of such regulations by the
  947  political subdivision or its administrative agency an
  948  administrative agency which may be an agency created by such
  949  regulations or any official, board, or other existing agency of
  950  the political subdivision adopting the regulations or of one of
  951  the political subdivisions which participated in the creation of
  952  the joint airport zoning board adopting the regulations, if
  953  satisfactory to that political subdivision, but in no case shall
  954  such administrative agency be or include any member of the board
  955  of adjustment. The duties of any administrative agency
  956  designated pursuant to this chapter must shall include that of
  957  hearing and deciding all permits under s. 333.07 s. 333.07(1),
  958  deciding all matters under s. 333.07(3), as they pertain to such
  959  agency, and all other matters under this chapter applying to
  960  said agency, but such agency shall not have or exercise any of
  961  the powers herein delegated to the board of adjustment.
  962         (2) LOCAL GOVERNMENT PROCESS.—
  963         (a) A political subdivision required to adopt airport
  964  zoning regulations under this chapter shall provide a process
  965  to:
  966         1. Issue or deny permits consistent with s. 333.07.
  967         2. Provide the department with a copy of a complete
  968  application consistent with s. 333.025(4).
  969         3. Enforce the issuance or denial of a permit or other
  970  determination made by the administrative agency with respect to
  971  airport zoning regulations.
  972         (b) If a zoning board or permitting body already exists
  973  within a political subdivision, the zoning board or permitting
  974  body may implement the airport zoning regulation permitting and
  975  appeals processes.
  976         (3) APPEALS.—
  977         (a) A person, a political subdivision or its administrative
  978  agency, or a joint airport zoning board that contends that a
  979  decision made by a political subdivision or its administrative
  980  agency is an improper application of airport zoning regulations
  981  may use the process established for an appeal.
  982         (b) All appeals taken under this section must be taken
  983  within a reasonable time, as provided by the political
  984  subdivision or its administrative agency, by filing with the
  985  entity from which the appeal is taken a notice of appeal
  986  specifying the grounds for appeal.
  987         (c) An appeal shall stay all proceedings in the underlying
  988  action appealed from, unless the entity from which the appeal is
  989  taken certifies pursuant to the rules for appeal that by reason
  990  of the facts stated in the certificate a stay would, in its
  991  opinion, cause imminent peril to life or property. In such
  992  cases, proceedings may not be stayed except by order of the
  993  political subdivision or its administrative agency on notice to
  994  the entity from which the appeal is taken and for good cause
  995  shown.
  996         (d) The political subdivision or its administrative agency
  997  shall set a reasonable time for the hearing of appeals, give
  998  public notice and due notice to the parties in interest, and
  999  decide the same within a reasonable time. Upon the hearing, any
 1000  party may appear in person, by agent, or by attorney.
 1001         (e) The political subdivision or its administrative agency
 1002  may, in conformity with this chapter, affirm, reverse, or modify
 1003  the decision on the permit or other determination from which the
 1004  appeal is taken.
 1005         Section 15. Section 333.10, Florida Statutes, is repealed.
 1006         Section 16. Section 333.11, Florida Statutes, is amended to
 1007  read:
 1008         333.11 Judicial review.—
 1009         (1) Any person, aggrieved, or taxpayer affected, by any
 1010  decision of a board of adjustment, or any governing body of a
 1011  political subdivision, or the Department of Transportation or
 1012  any joint airport zoning board affected by a decision of a
 1013  political subdivision, or its of any administrative agency
 1014  hereunder, may apply for judicial relief to the circuit court in
 1015  the judicial circuit where the political subdivision board of
 1016  adjustment is located within 30 days after rendition of the
 1017  decision by the board of adjustment. Review shall be by petition
 1018  for writ of certiorari, which shall be governed by the Florida
 1019  Rules of Appellate Procedure.
 1020         (2) Upon presentation of such petition to the court, it may
 1021  allow a writ of certiorari, directed to the board of adjustment,
 1022  to review such decision of the board. The allowance of the writ
 1023  shall not stay the proceedings upon the decision appealed from,
 1024  but the court may, on application, on notice to the board, on
 1025  due hearing and due cause shown, grant a restraining order.
 1026         (3) The board of adjustment shall not be required to return
 1027  the original papers acted upon by it, but it shall be sufficient
 1028  to return certified or sworn copies thereof or of such portions
 1029  thereof as may be called for by the writ. The return shall
 1030  concisely set forth such other facts as may be pertinent and
 1031  material to show the grounds of the decision appealed from and
 1032  shall be verified.
 1033         (2)(4) The court has shall have exclusive jurisdiction to
 1034  affirm, reverse, or modify, or set aside the decision on the
 1035  permit or other determination from which the appeal is taken
 1036  brought up for review, in whole or in part, and, if appropriate
 1037  need be, to order further proceedings by the political
 1038  subdivision or its administrative agency board of adjustment.
 1039  The findings of fact by the political subdivision or its
 1040  administrative agency board, if supported by substantial
 1041  evidence, shall be accepted by the court as conclusive, and an
 1042  no objection to a decision of the political subdivision or its
 1043  administrative agency may not board shall be considered by the
 1044  court unless such objection was raised in the underlying
 1045  proceeding shall have been urged before the board, or, if it was
 1046  not so urged, unless there were reasonable grounds for failure
 1047  to do so.
 1048         (3)(5)If In any case in which airport zoning regulations
 1049  adopted under this chapter, although generally reasonable, are
 1050  held by a court to interfere with the use and enjoyment of a
 1051  particular structure or parcel of land to such an extent, or to
 1052  be so onerous in their application to such a structure or parcel
 1053  of land, as to constitute a taking or deprivation of that
 1054  property in violation of the State Constitution or the
 1055  Constitution of the United States, such holding shall not affect
 1056  the application of such regulations to other structures and
 1057  parcels of land, or such regulations as are not involved in the
 1058  particular decision.
 1059         (4)(6)A judicial No appeal to any court may not shall be
 1060  or is permitted under this section until the appellant has
 1061  exhausted all of its remedies through application for local
 1062  government permits, exceptions, and appeals, to any courts, as
 1063  herein provided, save and except an appeal from a decision of
 1064  the board of adjustment, the appeal herein provided being from
 1065  such final decision of such board only, the appellant being
 1066  hereby required to exhaust his or her remedies hereunder of
 1067  application for permits, exceptions and variances, and appeal to
 1068  the board of adjustment, and gaining a determination by said
 1069  board, before being permitted to appeal to the court hereunder.
 1070         Section 17. Section 333.12, Florida Statutes, is amended to
 1071  read:
 1072         333.12 Acquisition of air rights.—If In any case which: it
 1073  is desired to remove, lower or otherwise terminate a
 1074  nonconforming obstruction is determined to be an airport hazard
 1075  and the owner will not remove, lower, or otherwise eliminate it
 1076  structure or use; or the approach protection necessary cannot,
 1077  because of constitutional limitations, be provided by airport
 1078  zoning regulations under this chapter; or it appears advisable
 1079  that the necessary approach protection be provided by
 1080  acquisition of property rights rather than by airport zoning
 1081  regulations, the political subdivision within which the property
 1082  or nonconforming obstruction use is located, or the political
 1083  subdivision owning or operating the airport or being served by
 1084  it, may acquire, by purchase, grant, or condemnation in the
 1085  manner provided by chapter 73, such property, air right,
 1086  avigation navigation easement, or other estate, portion, or
 1087  interest in the property or nonconforming obstruction structure
 1088  or use or such interest in the air above such property, tree,
 1089  structure, or use, in question, as may be necessary to
 1090  effectuate the purposes of this chapter, and in so doing, if by
 1091  condemnation, to have the right to take immediate possession of
 1092  the property, interest in property, air right, or other right
 1093  sought to be condemned, at the time, and in the manner and form,
 1094  and as authorized by chapter 74. In the case of the purchase of
 1095  any property, or any easement, or estate or interest therein or
 1096  the acquisition of the same by the power of eminent domain, the
 1097  political subdivision making such purchase or exercising such
 1098  power shall, in addition to the damages for the taking, injury,
 1099  or destruction of property, also pay the cost of the removal and
 1100  relocation of any structure or any public utility that which is
 1101  required to be moved to a new location.
 1102         Section 18. Section 333.13, Florida Statutes, is amended to
 1103  read:
 1104         333.13 Enforcement and remedies.—
 1105         (1) Each violation of this chapter or of any airport zoning
 1106  regulations, orders, or rulings adopted promulgated or made
 1107  pursuant to this chapter shall constitute a misdemeanor of the
 1108  second degree, punishable as provided in s. 775.082 or s.
 1109  775.083, and each day a violation continues to exist shall
 1110  constitute a separate offense.
 1111         (2) In addition, the political subdivision or agency
 1112  adopting the airport zoning regulations under this chapter may
 1113  institute in any court of competent jurisdiction an action to
 1114  prevent, restrain, correct, or abate any violation of this
 1115  chapter or of airport zoning regulations adopted under this
 1116  chapter or of any order or ruling made in connection with their
 1117  administration or enforcement, and the court shall adjudge to
 1118  the plaintiff such relief, by way of injunction, (which may be
 1119  mandatory,) or otherwise, as may be proper under all the facts
 1120  and circumstances of the case in order to fully effectuate the
 1121  purposes of this chapter and of the regulations adopted and
 1122  orders and rulings made pursuant thereto.
 1123         (3) The department of Transportation may institute a civil
 1124  action for injunctive relief in the appropriate circuit court to
 1125  prevent violation of any provision of this chapter.
 1126         Section 19. Section 333.135, Florida Statutes, is created
 1127  to read:
 1128         333.135 Transition provisions.—
 1129         (1) Any airport zoning regulation in effect on July 1,
 1130  2016, which includes provisions in conflict with this chapter
 1131  shall be amended to conform to the requirements of this chapter
 1132  by July 1, 2017.
 1133         (2) Any political subdivision having an airport within its
 1134  territorial limits which has not adopted airport zoning
 1135  regulations shall, by July 1, 2017, adopt airport zoning
 1136  regulations consistent with this chapter.
 1137         (3) For those political subdivisions that have not yet
 1138  adopted airport zoning regulations pursuant to this chapter, the
 1139  department shall administer the permitting process as provided
 1140  in s. 333.025.
 1141         Section 20. Section 333.14, Florida Statutes, is repealed.
 1142         Section 21. Subsection (34) is added to section 334.044,
 1143  Florida Statutes, to read:
 1144         334.044 Department; powers and duties.—The department shall
 1145  have the following general powers and duties:
 1146         (34) To assume responsibilities of the United States
 1147  Department of Transportation with respect to highway projects
 1148  within the state under the National Environmental Policy Act of
 1149  1969, 42 U.S.C. s. 4321 et seq., and with respect to related
 1150  responsibilities for environmental review, consultation, or
 1151  other action required under any federal environmental law
 1152  pertaining to review or approval of a highway project within the
 1153  state. The department may assume responsibilities under 23
 1154  U.S.C. s. 327 and enter into one or more agreements, including
 1155  memoranda of understanding, with the United States Secretary of
 1156  Transportation related to the federal surface transportation
 1157  project delivery program for the delivery of highway projects,
 1158  as provided by 23 U.S.C. s. 327. The department may adopt rules
 1159  to implement this subsection and may adopt relevant federal
 1160  environmental standards as the standards for this state for a
 1161  program described in this subsection. Sovereign immunity from
 1162  civil suit in federal court is waived consistent with 23 U.S.C.
 1163  s. 327 and limited to the compliance, discharge, or enforcement
 1164  of a responsibility assumed by the department under this
 1165  subsection.
 1166         Section 22. Paragraph (d) of subsection (2) of section
 1167  334.30, Florida Statutes, is amended, current paragraph (e) of
 1168  subsection (6) of that section is redesignated as paragraph (f),
 1169  and new paragraph (e) is added to that section, to read:
 1170         334.30 Public-private transportation facilities.—The
 1171  Legislature finds and declares that there is a public need for
 1172  the rapid construction of safe and efficient transportation
 1173  facilities for the purpose of traveling within the state, and
 1174  that it is in the public’s interest to provide for the
 1175  construction of additional safe, convenient, and economical
 1176  transportation facilities.
 1177         (2) Agreements entered into pursuant to this section may
 1178  authorize the private entity to impose tolls or fares for the
 1179  use of the facility. The following provisions shall apply to
 1180  such agreements:
 1181         (d) The department shall provide the analysis required in
 1182  subparagraph (6)(f)2. (6)(e)2. to the Legislative Budget
 1183  Commission created pursuant to s. 11.90 for review and approval
 1184  prior to awarding a contract on a lease of an existing toll
 1185  facility.
 1186         (6) The procurement of public-private partnerships by the
 1187  department shall follow the provisions of this section. Sections
 1188  337.025, 337.11, 337.14, 337.141, 337.145, 337.175, 337.18,
 1189  337.185, 337.19, 337.221, and 337.251 shall not apply to
 1190  procurements under this section unless a provision is included
 1191  in the procurement documents. The department shall ensure that
 1192  generally accepted business practices for exemptions provided by
 1193  this subsection are part of the procurement process or are
 1194  included in the public-private partnership agreement.
 1195         (e) The department shall consult with staff of the Division
 1196  of Bond Finance of the State Board of Administration in
 1197  connection with a proposal to finance or refinance a
 1198  transportation facility pursuant to this section. The department
 1199  shall provide the division with the information necessary to
 1200  provide timely consultation and recommendations. The division
 1201  may make an independent recommendation to the Executive Office
 1202  of the Governor.
 1203         Section 23. Section 337.027, Florida Statutes, is created
 1204  to read:
 1205         337.027 Authority to implement a business development
 1206  program.—
 1207         (1) The Department of Transportation may establish a
 1208  program for highway projects that would assist small businesses.
 1209  The purpose of this program is to increase competition, lower
 1210  prices, and provide increased support to meet the department’s
 1211  future work program. The program may include, but is not limited
 1212  to, setting aside contracts, providing preference points for the
 1213  use of small businesses, providing special assistance in bidding
 1214  and contract completion, waiving bond requirements, and
 1215  implementing other strategies that would increase competition.
 1216         (2) For purposes of this section, the term “small business”
 1217  means a business with average gross receipts of less than $15
 1218  million for road and bridge contracts and less than $6.5 million
 1219  for professional and nonprofessional services contracts. A
 1220  business determines its size by averaging its annual gross
 1221  receipts over the last 3 years, including the receipts of an
 1222  affiliate as defined in s. 337.165.
 1223         (3) The department may adopt rules to implement this
 1224  section.
 1225         Section 24. Subsection (4) of section 338.165, Florida
 1226  Statutes, is amended to read:
 1227         338.165 Continuation of tolls.—
 1228         (4) Notwithstanding any other law to the contrary, pursuant
 1229  to s. 11, Art. VII of the State Constitution, and subject to the
 1230  requirements of subsection (2), the Department of Transportation
 1231  may request the Division of Bond Finance to issue bonds secured
 1232  by toll revenues collected on the Alligator Alley, the Sunshine
 1233  Skyway Bridge, the Beeline-East Expressway, the Navarre Bridge,
 1234  and the Pinellas Bayway to fund transportation projects located
 1235  within the county or counties in which the project is located
 1236  and contained in the adopted work program of the department.
 1237         Section 25. Paragraph (c) of subsection (3) of section
 1238  338.231, Florida Statutes, is amended to read:
 1239         338.231 Turnpike tolls, fixing; pledge of tolls and other
 1240  revenues.—The department shall at all times fix, adjust, charge,
 1241  and collect such tolls and amounts for the use of the turnpike
 1242  system as are required in order to provide a fund sufficient
 1243  with other revenues of the turnpike system to pay the cost of
 1244  maintaining, improving, repairing, and operating such turnpike
 1245  system; to pay the principal of and interest on all bonds issued
 1246  to finance or refinance any portion of the turnpike system as
 1247  the same become due and payable; and to create reserves for all
 1248  such purposes.
 1249         (3)
 1250         (c) Notwithstanding any other provision of law to the
 1251  contrary, any prepaid toll account of any kind which has
 1252  remained inactive for 10 3 years shall be presumed unclaimed and
 1253  its disposition shall be handled by the Department of Financial
 1254  Services in accordance with all applicable provisions of chapter
 1255  717 relating to the disposition of unclaimed property, and the
 1256  prepaid toll account shall be closed by the department.
 1257         Section 26. Section 339.0809, Florida Statutes, is created
 1258  to read:
 1259         339.0809 Florida Department of Transportation Financing
 1260  Corporation.—
 1261         (1) The Florida Department of Transportation Financing
 1262  Corporation is created as a nonprofit corporation for the
 1263  purpose of financing or refinancing projects for the department
 1264  as provided in subsection (5).
 1265         (2) When used in this section, the term “corporation” means
 1266  the Florida Department of Transportation Financing Corporation.
 1267         (3) The corporation shall be governed by a board of
 1268  directors consisting of the director of the Office of Policy and
 1269  Budget in the Executive Office of the Governor, the director of
 1270  the Division of Bond Finance, and the Secretary of
 1271  Transportation. The director of the Division of Bond Finance is
 1272  the chief executive officer of the corporation and shall direct
 1273  and supervise the administrative affairs of the corporation and
 1274  shall control, direct, and supervise the operation of the
 1275  corporation. The corporation shall have such other officers as
 1276  may be determined by the board of directors.
 1277         (4) The corporation shall have all of the powers of a
 1278  corporate body under the laws of this state to the extent that
 1279  they are not inconsistent with or restricted by this section,
 1280  including, but not limited to, the power to:
 1281         (a) Adopt, amend, and repeal bylaws not inconsistent with
 1282  this section.
 1283         (b) Sue and be sued.
 1284         (c) Adopt and use a common seal.
 1285         (d) Acquire, purchase, hold, lease, and convey such real
 1286  and personal property as may be proper or expedient to carry out
 1287  the purposes of the corporation and this section and to sell,
 1288  lease, or otherwise dispose of such property.
 1289         (e) Elect or appoint and employ such other officers,
 1290  agents, and employees as the corporation deems advisable to
 1291  operate and manage the affairs of the corporation, which
 1292  officers, agents, and employees may be officers or employees of
 1293  the department and the state agencies represented on the board
 1294  of directors of the corporation.
 1295         (f) Borrow money and issue notes, bonds, certificates of
 1296  indebtedness, or other obligations or evidences of indebtedness
 1297  necessary to finance or refinance projects as provided in
 1298  subsection (5).
 1299         (g) Make and execute any and all contracts, trust
 1300  agreements, and other instruments and agreements necessary or
 1301  convenient to accomplish the purposes of the corporation and
 1302  this section.
 1303         (h) Select, retain, and employ professionals, contractors,
 1304  or agents, which may include the Division of Bond Finance, as
 1305  necessary or convenient to enable or assist the corporation in
 1306  carrying out the purposes of the corporation and this section.
 1307         (i) Take any action necessary or convenient to carry out
 1308  the purposes of the corporation and this section and the powers
 1309  provided in this section.
 1310         (5) The corporation may enter into one or more service
 1311  contracts with the department to provide services to the
 1312  department in connection with projects approved in the
 1313  department’s work program, which approval specifically provides
 1314  that the department may enter into a service contract for the
 1315  project pursuant to this section. The department may enter into
 1316  one or more such service contracts with the corporation and
 1317  provide for payments under such contracts, subject to annual
 1318  appropriation by the Legislature. The proceeds from such service
 1319  contracts may be used for the corporation’s administrative costs
 1320  and expenses after the payments specified in subsection (6).
 1321  Each service contract may have a term of up to 35 years. In
 1322  compliance with s. 287.0641 and other applicable law, the
 1323  obligations of the department under such service contracts do
 1324  not constitute a general obligation of the state or a pledge of
 1325  the full faith and credit or taxing power of the state, and such
 1326  obligations are not an obligation of the State Board of
 1327  Administration or entities for which it invests funds, other
 1328  than the department as provided in this section, but are payable
 1329  solely from amounts available in the State Transportation Trust
 1330  Fund, subject to annual appropriation. In compliance with this
 1331  subsection and s. 287.0582, the service contract must expressly
 1332  include the following statement: “The State of Florida’s
 1333  performance and obligation to pay under this contract is
 1334  contingent upon an annual appropriation by the Legislature.”
 1335         (6) The corporation may issue and incur notes, bonds,
 1336  certificates of indebtedness, or other obligations or evidences
 1337  of indebtedness payable from and secured by amounts payable to
 1338  the corporation by the department under a service contract
 1339  entered into pursuant to subsection (5) for the purpose of
 1340  financing or refinancing projects approved as provided in that
 1341  subsection. The duration of any such note, bond, certificate of
 1342  indebtedness, or other obligation or evidence of indebtedness
 1343  may not exceed 30 annual maturities. The corporation may select
 1344  its financing team and issue its obligations through competitive
 1345  bidding or negotiated contracts, whichever is most cost
 1346  effective. Indebtedness of the corporation does not constitute a
 1347  debt or obligation of the state or a pledge of the full faith
 1348  and credit or taxing power of the state, but is payable from and
 1349  secured by payments made by the department under the service
 1350  contract.
 1351         (7) The fulfillment of the purposes of the corporation
 1352  promotes the health, safety, and general welfare of the people
 1353  of the state and serves essential governmental functions and a
 1354  paramount public purpose.
 1355         (8) The corporation is exempt from taxation and assessments
 1356  on its income, property, and assets or revenues acquired,
 1357  received, or used in the furtherance of the purposes provided in
 1358  this chapter. The obligations of the corporation incurred
 1359  pursuant to subsection (6) and the interest and income on such
 1360  obligations and all security agreements, letters of credit,
 1361  liquidity facilities, or other obligations or instruments
 1362  arising out of, entered into in connection with, or given to
 1363  secure payment of such obligations are exempt from taxation;
 1364  however, such exemption does not apply to any tax imposed under
 1365  chapter 220 on the interest, income, or profits on debt
 1366  obligations owned by corporations.
 1367         (9) The corporation may validate obligations to be incurred
 1368  pursuant to subsection (6) and the validity and enforceability
 1369  of any service contracts providing for payments pledged to the
 1370  payment of such obligations by proceedings under chapter 75. The
 1371  validation complaint may be filed only in the Circuit Court of
 1372  Leon County. The notice required to be published by s. 75.06
 1373  must be published in Leon County, and the complaint and order of
 1374  the circuit court may be served only on the State Attorney for
 1375  the Second Judicial Circuit. Sections 75.04(2) and 75.06(2) do
 1376  not apply to a complaint for validation filed under this
 1377  subsection.
 1378         (10) The corporation is not a special district for the
 1379  purposes of chapter 189 or a unit of local government for the
 1380  purposes of part III of chapter 218. The provisions of chapters
 1381  120 and 215, except the limitation on the interest rates
 1382  provided by s. 215.84, which applies to obligations of the
 1383  corporation issued pursuant to this section, and part I of
 1384  chapter 287, except ss. 287.0582 and 287.0641, do not apply to
 1385  this section, the corporation, the service contracts entered
 1386  into pursuant to this section, or debt obligations issued by the
 1387  corporation as contemplated in this section.
 1388         (11) The benefits and earnings of the corporation may not
 1389  inure to the benefit of any private person.
 1390         (12) Upon dissolution of the corporation, title to all
 1391  property owned by the corporation reverts to the state.
 1392         (13) The corporation may contract with the State Board of
 1393  Administration to serve as a trustee with respect to debt
 1394  obligations issued by the corporation as contemplated by this
 1395  section; to hold, administer, and invest proceeds of such debt
 1396  obligations and other funds of the corporation; and to perform
 1397  other services required by the corporation. The State Board of
 1398  Administration may perform such services and may contract with
 1399  others to provide all or a part of such services and to recover
 1400  its costs and other expenses thereof.
 1401         (14) The department may enter into a service contract in
 1402  conjunction with the issuance of debt obligations as provided in
 1403  this section which provides for periodic payments for debt
 1404  service or other amounts payable with respect to debt
 1405  obligations, plus any administrative expenses of the
 1406  corporation.
 1407         Section 27. This act shall take effect July 1, 2016.