Florida Senate - 2016                       CS for CS for SB 756
       By the Committees on Appropriations; and Transportation; and
       Senator Brandes
       576-03000-16                                           2016756c2
    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. 343.922, F.S.;
  177         increasing the period of time in which a master plan
  178         must be updated; amending s. 348.0004, F.S.;
  179         conforming a cross-reference; providing an effective
  180         date.
  182  Be It Enacted by the Legislature of the State of Florida:
  184         Section 1. Subsection (2) of section 311.07, Florida
  185  Statutes, is amended to read:
  186         311.07 Florida seaport transportation and economic
  187  development funding.—
  188         (2) A minimum of $25 $15 million per year shall be made
  189  available from the State Transportation Trust Fund to fund the
  190  Florida Seaport Transportation and Economic Development Program.
  191  The Florida Seaport Transportation and Economic Development
  192  Council created in s. 311.09 shall develop guidelines for
  193  project funding. Council staff, the Department of
  194  Transportation, and the Department of Economic Opportunity shall
  195  work in cooperation to review projects and allocate funds in
  196  accordance with the schedule required for the Department of
  197  Transportation to include these projects in the tentative work
  198  program developed pursuant to s. 339.135(4).
  199         Section 2. Subsection (9) of section 311.09, Florida
  200  Statutes, is amended to read:
  201         311.09 Florida Seaport Transportation and Economic
  202  Development Council.—
  203         (9) The Department of Transportation shall include at least
  204  $25 no less than $15 million per year in its annual legislative
  205  budget request for the Florida Seaport Transportation and
  206  Economic Development Program funded under s. 311.07. Such budget
  207  must shall include funding for projects approved by the council
  208  which have been determined by each agency to be consistent. The
  209  department shall include the specific approved Florida Seaport
  210  Transportation and Economic Development Program projects to be
  211  funded under s. 311.07 during the ensuing fiscal year in the
  212  tentative work program developed pursuant to s. 339.135(4). The
  213  total amount of funding to be allocated to Florida Seaport
  214  Transportation and Economic Development Program projects under
  215  s. 311.07 during the successive 4 fiscal years shall also be
  216  included in the tentative work program developed pursuant to s.
  217  339.135(4). The council may submit to the department a list of
  218  approved projects that could be made production-ready within the
  219  next 2 years. The list shall be submitted by the department as
  220  part of the needs and project list prepared pursuant to s.
  221  339.135(2)(b). However, the department shall, upon written
  222  request of the Florida Seaport Transportation and Economic
  223  Development Council, submit work program amendments pursuant to
  224  s. 339.135(7) to the Governor within 10 days after the later of
  225  the date the request is received by the department or the
  226  effective date of the amendment, termination, or closure of the
  227  applicable funding agreement between the department and the
  228  affected seaport, as required to release the funds from the
  229  existing commitment. Notwithstanding s. 339.135(7)(c), any work
  230  program amendment to transfer prior year funds from one approved
  231  seaport project to another seaport project is subject to the
  232  procedures in s. 339.135(7)(d). Notwithstanding any provision of
  233  law to the contrary, the department may transfer unexpended
  234  budget between the seaport projects as identified in the
  235  approved work program amendments.
  236         Section 3. Subsection (94) is added to section 316.003,
  237  Florida Statutes, to read:
  238         316.003 Definitions.—The following words and phrases, when
  239  used in this chapter, shall have the meanings respectively
  240  ascribed to them in this section, except where the context
  241  otherwise requires:
  242         (94) PORT OF ENTRY.—A designated location that allows
  243  drivers of commercial motor vehicles to purchase temporary
  244  registration permits necessary to operate legally within the
  245  state. The locations and the designated routes to such locations
  246  shall be determined by the Department of Transportation.
  247         Section 4. Paragraph (b) of subsection (2) of section
  248  316.545, Florida Statutes, is amended to read:
  249         316.545 Weight and load unlawful; special fuel and motor
  250  fuel tax enforcement; inspection; penalty; review.—
  251         (2)
  252         (b) The officer or inspector shall inspect the license
  253  plate or registration certificate of the commercial vehicle, as
  254  defined in s. 316.003(66), to determine if its gross weight is
  255  in compliance with the declared gross vehicle weight. If its
  256  gross weight exceeds the declared weight, the penalty shall be 5
  257  cents per pound on the difference between such weights. In those
  258  cases when the commercial vehicle, as defined in s. 316.003(66),
  259  is being operated over the highways of the state with an expired
  260  registration or with no registration from this or any other
  261  jurisdiction or is not registered under the applicable
  262  provisions of chapter 320, the penalty herein shall apply on the
  263  basis of 5 cents per pound on that scaled weight which exceeds
  264  35,000 pounds on laden truck tractor-semitrailer combinations or
  265  tandem trailer truck combinations, 10,000 pounds on laden
  266  straight trucks or straight truck-trailer combinations, or
  267  10,000 pounds on any unladen commercial motor vehicle. A driver
  268  of a commercial motor vehicle entering the state at a designated
  269  port-of-entry location, as defined in s. 316.003(94), or
  270  operating on designated routes to a port-of-entry location, who
  271  obtains a temporary registration permit shall be assessed a
  272  penalty limited to the difference between its gross weight and
  273  the declared gross vehicle weight at 5 cents per pound. If the
  274  license plate or registration has not been expired for more than
  275  90 days, the penalty imposed under this paragraph may not exceed
  276  $1,000. In the case of special mobile equipment as defined in s.
  277  316.003(48), which qualifies for the license tax provided for in
  278  s. 320.08(5)(b), being operated on the highways of the state
  279  with an expired registration or otherwise not properly
  280  registered under the applicable provisions of chapter 320, a
  281  penalty of $75 shall apply in addition to any other penalty
  282  which may apply in accordance with this chapter. A vehicle found
  283  in violation of this section may be detained until the owner or
  284  operator produces evidence that the vehicle has been properly
  285  registered. Any costs incurred by the retention of the vehicle
  286  shall be the sole responsibility of the owner. A person who has
  287  been assessed a penalty pursuant to this paragraph for failure
  288  to have a valid vehicle registration certificate pursuant to the
  289  provisions of chapter 320 is not subject to the delinquent fee
  290  authorized in s. 320.07 if such person obtains a valid
  291  registration certificate within 10 working days after such
  292  penalty was assessed.
  293         Section 5. Section 333.01, Florida Statutes, is amended to
  294  read:
  295         333.01 Definitions.—As used in For the purpose of this
  296  chapter, the term following words, terms, and phrases shall have
  297  the meanings herein given, unless otherwise specifically
  298  defined, or unless another intention clearly appears, or the
  299  context otherwise requires:
  300         (1) “Aeronautical study” means a Federal Aviation
  301  Administration study, conducted in accordance with the standards
  302  of 14 C.F.R. part 77, subpart C, and Federal Aviation
  303  Administration policy and guidance, on the effect of proposed
  304  construction or alteration upon the operation of air navigation
  305  facilities and the safe and efficient use of navigable airspace.
  306         (1) “Aeronautics” means transportation by aircraft; the
  307  operation, construction, repair, or maintenance of aircraft,
  308  aircraft power plants and accessories, including the repair,
  309  packing, and maintenance of parachutes; the design,
  310  establishment, construction, extension, operation, improvement,
  311  repair, or maintenance of airports, restricted landing areas, or
  312  other air navigation facilities, and air instruction.
  313         (2) “Airport” means any area of land or water designed and
  314  set aside for the landing and taking off of aircraft and used
  315  utilized or to be used utilized in the interest of the public
  316  for such purpose.
  317         (3) “Airport hazard” means an obstruction to air navigation
  318  which affects the safe and efficient use of navigable airspace
  319  or the operation of planned or existing air navigation and
  320  communication facilities any structure or tree or use of land
  321  which would exceed the federal obstruction standards as
  322  contained in 14 C.F.R. ss. 77.21, 77.23,77.25, 77.28, and 77.29
  323  and which obstructs the airspace required for the flight of
  324  aircraft in taking off, maneuvering, or landing or is otherwise
  325  hazardous to such taking off, maneuvering, or landing of
  326  aircraft and for which no person has previously obtained a
  327  permit or variance pursuant to s. 333.025 or s. 333.07.
  328         (4) “Airport hazard area” means any area of land or water
  329  upon which an airport hazard might be established if not
  330  prevented as provided in this chapter.
  331         (5) “Airport land use compatibility zoning” means airport
  332  zoning regulations governing restricting the use of land on,
  333  adjacent to, or in the immediate vicinity of airports in the
  334  manner enumerated in s. 333.03(2) to activities and purposes
  335  compatible with the continuation of normal airport operations
  336  including landing and takeoff of aircraft in order to promote
  337  public health, safety, and general welfare.
  338         (6) “Airport layout plan” means a set of scaled drawings
  339  that provide a graphic representation of the existing and future
  340  development plan for the airport and demonstrate the
  341  preservation and continuity of safety, utility, and efficiency
  342  of the airport detailed, scale engineering drawing, including
  343  pertinent dimensions, of an airport’s current and planned
  344  facilities, their locations, and runway usage.
  345         (7) “Airport master plan” means a comprehensive plan of an
  346  airport which typically describes current and future plans for
  347  airport development designed to support existing and future
  348  aviation demand.
  349         (8) “Airport protection zoning regulations” means airport
  350  zoning regulations governing airport hazards.
  351         (9) “Department” means the Department of Transportation as
  352  created under s. 20.23.
  353         (10) “Educational facility” means any structure, land, or
  354  use that includes a public or private kindergarten through 12th
  355  grade school, charter school, magnet school, college campus, or
  356  university campus. The term does not include space used for
  357  educational purposes within a multi-tenant building.
  358         (11) “Landfill” has the same meaning as provided in s.
  359  403.703.
  360         (12)(7) “Obstruction” means any existing or proposed
  361  manmade object or object, of natural growth or terrain, or
  362  structure construction or alteration that exceeds violates the
  363  federal obstruction standards contained in 14 C.F.R. part 77,
  364  subpart C ss. 77.21, 77.23, 77.25, 77.28, and 77.29. The term
  365  includes:
  366         (a) Any object of natural growth or terrain;
  367         (b) Permanent or temporary construction or alteration,
  368  including equipment or materials used and any permanent or
  369  temporary apparatus; or
  370         (c) Alteration of any permanent or temporary existing
  371  structure by a change in the structure’s height, including
  372  appurtenances, lateral dimensions, and equipment or materials
  373  used in the structure.
  374         (13)(8) “Person” means any individual, firm, copartnership,
  375  corporation, company, association, joint-stock association, or
  376  body politic, and includes any trustee, receiver, assignee, or
  377  other similar representative thereof.
  378         (14)(9) “Political subdivision” means the local government
  379  of any county, municipality city, town, village, or other
  380  subdivision or agency thereof, or any district or special
  381  district, port commission, port authority, or other such agency
  382  authorized to establish or operate airports in the state.
  383         (15) “Public-use airport” means an airport, publicly or
  384  privately owned, licensed by the state, which is open for use by
  385  the public.
  386         (16)(10) “Runway protection clear zone” means an area at
  387  ground level beyond the runway end to enhance the safety and
  388  protection of people and property on the ground a runway clear
  389  zone as defined in 14 C.F.R. s. 151.9(b).
  390         (17)(11) “Structure” means any object, constructed,
  391  erected, altered, or installed by humans, including, but not
  392  limited to without limitation thereof, buildings, towers,
  393  smokestacks, utility poles, power generation equipment, and
  394  overhead transmission lines.
  395         (18) “Substantial modification” means any repair,
  396  reconstruction, rehabilitation, or improvement of a structure
  397  when the actual cost of the repair, reconstruction,
  398  rehabilitation, or improvement of the structure equals or
  399  exceeds 50 percent of the market value of the structure.
  400         (12) “Tree” includes any plant of the vegetable kingdom.
  401         Section 6. Section 333.025, Florida Statutes, is amended to
  402  read:
  403         333.025 Permit required for obstructions structures
  404  exceeding federal obstruction standards.—
  405         (1) A person proposing the construction or alteration In
  406  order to prevent the erection of an obstruction must obtain a
  407  permit from the department structures dangerous to air
  408  navigation, subject to the provisions of subsections (2), (3),
  409  and (4), each person shall secure from the Department of
  410  Transportation a permit for the erection, alteration, or
  411  modification of any structure the result of which would exceed
  412  the federal obstruction standards as contained in 14 C.F.R. ss.
  413  77.21, 77.23, 77.25, 77.28, and 77.29. However, permits from the
  414  department of Transportation will be required only within an
  415  airport hazard area where federal obstruction standards are
  416  exceeded and if the proposed construction or alteration is
  417  within a 10-nautical-mile radius of the airport reference point,
  418  located at the approximate geometric geographical center of all
  419  usable runways of a public-use airport or a publicly owned or
  420  operated airport, a military airport, or an airport licensed by
  421  the state for public use.
  422         (2) Existing, planned, and proposed Affected airports will
  423  be considered as having those facilities on public-use airports
  424  contained in an which are shown on the airport master plan, in
  425  or an airport layout plan submitted to the Federal Aviation
  426  Administration, Airport District Office or in comparable
  427  military documents shall, and will be so protected from airport
  428  hazards. Planned or proposed public-use airports which are the
  429  subject of a notice or proposal submitted to the Federal
  430  Aviation Administration or to the Department of Transportation
  431  shall also be protected.
  432         (3) A permit is not required for existing structures that
  433  requirements of subsection (1) shall not apply to projects which
  434  received construction permits from the Federal Communications
  435  Commission for structures exceeding federal obstruction
  436  standards before prior to May 20, 1975, provided such structures
  437  now exist; a permit is not required for nor shall it apply to
  438  previously approved structures now existing, or any necessary
  439  replacement or repairs to such existing structures if, so long
  440  as the height and location are is unchanged.
  441         (4) If When political subdivisions have, in compliance with
  442  this chapter, adopted adequate airport airspace protection
  443  zoning regulations, placed in compliance with s. 333.03, and
  444  such regulations are on file with the department’s aviation
  445  office, and established a permitting process Department of
  446  Transportation, a permit for the construction or alteration of
  447  an obstruction is such structure shall not be required from the
  448  department of Transportation. Upon receipt of a complete permit
  449  application, the local government shall provide a copy of the
  450  application to the department’s aviation office by certified
  451  mail, return receipt requested, or by a delivery service that
  452  provides a receipt evidencing delivery. To evaluate technical
  453  consistency with this subsection, the department shall have a
  454  15-day review period following receipt of the application, which
  455  must run concurrently with the local government permitting
  456  process. Cranes, construction equipment, and other temporary
  457  structures in use or in place for a period not to exceed 18
  458  consecutive months are exempt from the department’s review,
  459  unless such review is requested by the department.
  460         (5) The department of Transportation shall, within 30 days
  461  after of the receipt of an application for a permit, issue or
  462  deny a permit for the construction or erection, alteration, or
  463  modification of an obstruction any structure the result of which
  464  would exceed federal obstruction standards as contained in 14
  465  C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29. The department
  466  shall review permit applications in conformity with s. 120.60.
  467         (6) In determining whether to issue or deny a permit, the
  468  department shall consider:
  469         (a) The safety of persons on the ground and in the air.
  470         (b) The safe and efficient use of navigable airspace.
  471         (c)(a) The nature of the terrain and height of existing
  472  structures.
  473         (b) Public and private interests and investments.
  474         (d) The effect of the construction or alteration of an
  475  obstruction on the state licensing standards for a public-use
  476  airport contained in chapter 330 and rules adopted thereunder.
  477         (e)(c) The character of existing and planned flight flying
  478  operations and planned developments at public-use of airports.
  479         (f)(d) Federal airways, visual flight rules, flyways and
  480  corridors, and instrument approaches as designated by the
  481  Federal Aviation Administration.
  482         (g)(e)The effect of Whether the construction or alteration
  483  of an obstruction on the proposed structure would cause an
  484  increase in the minimum descent altitude or the decision height
  485  at the affected airport.
  486         (f) Technological advances.
  487         (g) The safety of persons on the ground and in the air.
  488         (h) Land use density.
  489         (i) The safe and efficient use of navigable airspace.
  490         (h)(j) The cumulative effects on navigable airspace of all
  491  existing obstructions structures, proposed structures identified
  492  in the applicable jurisdictions’ comprehensive plans, and all
  493  other known proposed obstructions structures in the area.
  494         (7) When issuing a permit under this section, the
  495  department of Transportation shall, as a specific condition of
  496  such permit, require the owner obstruction marking and lighting
  497  of the obstruction to install, operate, and maintain, at the
  498  owner’s expense, marking and lighting in conformance with the
  499  specific standards established by the Federal Aviation
  500  Administration permitted structure as provided in s.
  501  333.07(3)(b).
  502         (8) The department may of Transportation shall not approve
  503  a permit for the construction or alteration erection of an
  504  obstruction a structure unless the applicant submits both
  505  documentation showing both compliance with the federal
  506  requirement for notification of proposed construction or
  507  alteration and a valid aeronautical study. A evaluation, and no
  508  permit may not shall be approved solely on the basis that the
  509  Federal Aviation Administration determined that the such
  510  proposed construction or alteration of an obstruction was not an
  511  airport hazard structure will not exceed federal obstruction
  512  standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
  513  77.28, or 77.29, or any other federal aviation regulation.
  514         (9) The denial of a permit under this section is subject to
  515  administrative review pursuant to chapter 120.
  516         Section 7. Section 333.03, Florida Statutes, is amended to
  517  read:
  518         333.03 Requirement Power to adopt airport zoning
  519  regulations.—
  520         (1)(a) In order to prevent the creation or establishment of
  521  airport hazards, Every political subdivision having an airport
  522  hazard area within its territorial limits shall, by October 1,
  523  1977, adopt, administer, and enforce, under the police power and
  524  in the manner and upon the conditions hereinafter prescribed in
  525  this section, airport protection zoning regulations for such
  526  airport hazard area.
  527         (b) If where an airport is owned or controlled by a
  528  political subdivision and any other political subdivision has
  529  land, upon which an obstruction may be constructed or altered,
  530  underlying any of the 14 C.F.R. Part 77, subpart C surfaces of
  531  the airport, the political subdivisions airport hazard area
  532  appertaining to such airport is located wholly or partly outside
  533  the territorial limits of said political subdivision, the
  534  political subdivision owning or controlling the airport and the
  535  political subdivision within which the airport hazard area is
  536  located, shall either:
  537         1. By interlocal agreement, in accordance with the
  538  provisions of chapter 163, adopt, administer, and enforce a set
  539  of airport protection zoning regulations applicable to the
  540  airport hazard area in question; or
  541         2. By ordinance, regulation, or resolution duly adopted,
  542  create a joint airport protection zoning board that, which board
  543  shall have the same power to adopt, administer, and enforce a
  544  set of airport protection zoning regulations applicable to the
  545  airport hazard area in question as that vested in paragraph (a)
  546  in the political subdivision within which such area is located.
  547  The Each such joint airport protection zoning board shall have
  548  as voting members two representatives appointed by each
  549  participating political subdivision participating in its
  550  creation and in addition a chair elected by a majority of the
  551  members so appointed. However, The airport manager or a
  552  representative of each airport in managers of the affected
  553  participating political subdivisions shall serve on the board in
  554  a nonvoting capacity.
  555         (c) Airport protection zoning regulations adopted under
  556  paragraph (a) must shall, at as a minimum, require:
  557         1. A permit variance for the construction or erection,
  558  alteration, or modification of any obstruction structure which
  559  would cause the structure to exceed the federal obstruction
  560  standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
  561  77.28, and 77.29;
  562         2. Obstruction marking and lighting for obstructions
  563  structures as specified in s. 333.07(3);
  564         3. Documentation showing compliance with the federal
  565  requirement for notification of proposed construction or
  566  alteration of structures and a valid aeronautical study
  567  evaluation submitted by each person applying for a permit
  568  variance;
  569         4. Consideration of the criteria in s. 333.025(6), when
  570  determining whether to issue or deny a permit variance; and
  571         5. That approval of a permit not be based no variance shall
  572  be approved solely on the determination by the Federal Aviation
  573  Administration basis that the such proposed structure is not an
  574  airport hazard will not exceed federal obstruction standards as
  575  contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, or 77.29,
  576  or any other federal aviation regulation.
  577         (d) The department shall be available to provide assistance
  578  to political subdivisions regarding federal obstruction
  579  standards shall issue copies of the federal obstruction
  580  standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
  581  77.28, and 77.29 to each political subdivision having airport
  582  hazard areas and, in cooperation with political subdivisions,
  583  shall issue appropriate airport zoning maps depicting within
  584  each county the maximum allowable height of any structure or
  585  tree. Material distributed pursuant to this subsection shall be
  586  at no cost to authorized recipients.
  587         (2) In the manner provided in subsection (1), political
  588  subdivisions shall adopt, administer, and enforce interim
  589  airport land use compatibility zoning regulations shall be
  590  adopted. Airport land use compatibility zoning When political
  591  subdivisions have adopted land development regulations shall, at
  592  a minimum, in accordance with the provisions of chapter 163
  593  which address the use of land in the manner consistent with the
  594  provisions herein, adoption of airport land use compatibility
  595  regulations pursuant to this subsection shall not be required.
  596  Interim airport land use compatibility zoning regulations shall
  597  consider the following:
  598         (a) The prohibition of new landfills and the restriction of
  599  existing landfills Whether sanitary landfills are located within
  600  the following areas:
  601         1. Within 10,000 feet from the nearest point of any runway
  602  used or planned to be used by turbine turbojet or turboprop
  603  aircraft.
  604         2. Within 5,000 feet from the nearest point of any runway
  605  used only by only nonturbine piston-type aircraft.
  606         3. Outside the perimeters defined in subparagraphs 1. and
  607  2., but still within the lateral limits of the civil airport
  608  imaginary surfaces defined in 14 C.F.R. s. 77.19 part 77.25.
  609  Case-by-case review of such landfills is advised.
  610         (b) Where Whether any landfill is located and constructed
  611  in a manner so that it attracts or sustains hazardous bird
  612  movements from feeding, water, or roosting areas into, or
  613  across, the runways or approach and departure patterns of
  614  aircraft. The landfill operator must political subdivision shall
  615  request from the airport authority or other governing body
  616  operating the airport a report on such bird feeding or roosting
  617  areas that at the time of the request are known to the airport.
  618  In preparing its report, the authority, or other governing body,
  619  shall consider whether the landfill will incorporate bird
  620  management techniques or other practices to minimize bird
  621  hazards to airborne aircraft. The airport authority or other
  622  governing body shall respond to the political subdivision no
  623  later than 30 days after receipt of such request.
  624         (c) Where an airport authority or other governing body
  625  operating a publicly owned, public-use airport has conducted a
  626  noise study in accordance with the provisions of 14 C.F.R. part
  627  150, or where a public-use airport owner has established noise
  628  contours pursuant to another public study approved by the
  629  Federal Aviation Administration, the prohibition of incompatible
  630  uses, as established in the noise study in 14 C.F.R. part 150,
  631  Appendix A or as a part of an alternative Federal Aviation
  632  Administration-approved public study, within the noise contours
  633  established by any of these studies, except if such uses are
  634  specifically contemplated by such study with appropriate
  635  mitigation or similar techniques described in the study neither
  636  residential construction nor any educational facility as defined
  637  in chapter 1013, with the exception of aviation school
  638  facilities, shall be permitted within the area contiguous to the
  639  airport defined by an outer noise contour that is considered
  640  incompatible with that type of construction by 14 C.F.R. part
  641  150, Appendix A or an equivalent noise level as established by
  642  other types of noise studies.
  643         (d) Where an airport authority or other governing body
  644  operating a publicly owned, public-use airport has not conducted
  645  a noise study, the prohibition of neither residential
  646  construction and nor any educational facility as defined in
  647  chapter 1013, with the exception of aviation school facilities,
  648  shall be permitted within an area contiguous to the airport
  649  measuring one-half the length of the longest runway on either
  650  side of and at the end of each runway centerline.
  651         (e)(3)The restriction of In the manner provided in
  652  subsection (1), airport zoning regulations shall be adopted
  653  which restrict new incompatible uses, activities, or substantial
  654  modifications to existing incompatible uses construction within
  655  runway protection clear zones, including uses, activities, or
  656  construction in runway clear zones which are incompatible with
  657  normal airport operations or endanger public health, safety, and
  658  welfare by resulting in congregations of people, emissions of
  659  light or smoke, or attraction of birds. Such regulations shall
  660  prohibit the construction of an educational facility of a public
  661  or private school at either end of a runway of a publicly owned,
  662  public-use airport within an area which extends 5 miles in a
  663  direct line along the centerline of the runway, and which has a
  664  width measuring one-half the length of the runway. Exceptions
  665  approving construction of an educational facility within the
  666  delineated area shall only be granted when the political
  667  subdivision administering the zoning regulations makes specific
  668  findings detailing how the public policy reasons for allowing
  669  the construction outweigh health and safety concerns prohibiting
  670  such a location.
  671         (4) The procedures outlined in subsections (1), (2), and
  672  (3) for the adoption of such regulations are supplemental to any
  673  existing procedures utilized by political subdivisions in the
  674  adoption of such regulations.
  675         (3)(5)Political subdivisions shall provide The Department
  676  of Transportation shall provide technical assistance to any
  677  political subdivision requesting assistance in the preparation
  678  of an airport zoning code. a copy of all local airport
  679  protection zoning codes, rules, and regulations and airport land
  680  use compatibility zoning regulations, and any related amendments
  681  and proposed and granted variances thereto, to shall be filed
  682  with the department’s aviation office within 30 days after
  683  adoption department.
  684         (4)(6)Nothing in Subsection (2) may not or subsection (3)
  685  shall be construed to require the removal, alteration, sound
  686  conditioning, or other change, or to interfere with the
  687  continued use or adjacent expansion of any educational facility
  688  structure or site in existence on July 1, 1993, or be construed
  689  to prohibit the construction of any new structure for which a
  690  site has been determined as provided in former s. 235.19, as of
  691  July 1, 1993.
  692         (5) This section does not prohibit an airport authority, a
  693  political subdivision or its administrative agency, or any other
  694  governing body operating a public-use airport from establishing
  695  airport zoning regulations more restrictive than prescribed in
  696  this section in order to protect the health, safety, and welfare
  697  of the public in the air and on the ground.
  698         Section 8. Section 333.04, Florida Statutes, is amended to
  699  read:
  700         333.04 Comprehensive zoning regulations; most stringent to
  701  prevail where conflicts occur.—
  702         (1) INCORPORATION.—In the event that a political
  703  subdivision has adopted, or hereafter adopts, a comprehensive
  704  plan or policy zoning ordinance regulating, among other things,
  705  the height of buildings, structures, and natural objects, and
  706  uses of property, any airport zoning regulations applicable to
  707  the same area or portion thereof may be incorporated in and made
  708  a part of such comprehensive plan or policy zoning regulations,
  709  and be administered and enforced in connection therewith.
  710         (2) CONFLICT.—In the event of conflict between any airport
  711  zoning regulations adopted under this chapter and any other
  712  regulations applicable to the same area, whether the conflict be
  713  with respect to the height of structures or vegetation trees,
  714  the use of land, or any other matter, and whether such
  715  regulations were adopted by the political subdivision that which
  716  adopted the airport zoning regulations or by some other
  717  political subdivision, the more stringent limitation or
  718  requirement shall govern and prevail.
  719         Section 9. Section 333.05, Florida Statutes, is amended to
  720  read:
  721         333.05 Procedure for adoption of airport zoning
  722  regulations.—
  723         (1) NOTICE AND HEARING.—No Airport zoning regulations may
  724  not shall be adopted, amended, or repealed changed under this
  725  chapter except by action of the legislative body of the
  726  political subdivision or affected subdivisions in question, or
  727  the joint board provided in s. 333.03(1)(b)2. s. 333.03(1)(b) by
  728  the political subdivisions bodies therein provided and set
  729  forth, after a public hearing in relation thereto, at which
  730  parties in interest and citizens shall have an opportunity to be
  731  heard. Notice of the hearing shall be published at least once a
  732  week for 2 consecutive weeks in a newspaper an official paper,
  733  or a paper of general circulation, in the political subdivision
  734  or subdivisions where in which are located the airport zoning
  735  regulations are areas to be adopted, amended, or repealed zoned.
  736         (2) AIRPORT ZONING COMMISSION.—Before Prior to the initial
  737  zoning of any airport area under this chapter, the political
  738  subdivision or joint airport zoning board that which is to
  739  adopt, administer, and enforce the regulations must shall
  740  appoint a commission, to be known as the airport zoning
  741  commission, to recommend the boundaries of the various zones to
  742  be established and the regulations to be adopted therefor. Such
  743  commission shall make a preliminary report and hold public
  744  hearings thereon before submitting its final report, and the
  745  legislative body of the political subdivision or the joint
  746  airport zoning board may shall not hold its public hearings or
  747  take any action until it has received the final report of such
  748  commission, and at least 15 days shall elapse between the
  749  receipt of the final report of the commission and the hearing to
  750  be held by the latter board. If Where a planning city plan
  751  commission, an airport commission, or a comprehensive zoning
  752  commission already exists, it may be appointed as the airport
  753  zoning commission.
  754         Section 10. Section 333.06, Florida Statutes, is amended to
  755  read:
  756         333.06 Airport zoning regulation requirements.—
  757         (1) REASONABLENESS.—All airport zoning regulations adopted
  758  under this chapter shall be reasonable and may not none shall
  759  impose any requirement or restriction which is not reasonably
  760  necessary to effectuate the purposes of this chapter. In
  761  determining what regulations it may adopt, each political
  762  subdivision and joint airport zoning board shall consider, among
  763  other things, the character of the flying operations expected to
  764  be conducted at the airport, the nature of the terrain within
  765  the airport hazard area and runway protection clear zones, the
  766  character of the neighborhood, the uses to which the property to
  767  be zoned is put and adaptable, and the impact of any new use,
  768  activity, or construction on the airport’s operating capability
  769  and capacity.
  770         (2) INDEPENDENT JUSTIFICATION.—The purpose of all airport
  771  zoning regulations adopted under this chapter is to provide both
  772  airspace protection and land uses use compatible with airport
  773  operations. Each aspect of this purpose requires independent
  774  justification in order to promote the public interest in safety,
  775  health, and general welfare. Specifically, construction in a
  776  runway protection clear zone which does not exceed airspace
  777  height restrictions is not conclusive evidence per se that such
  778  use, activity, or construction is compatible with airport
  779  operations.
  780         (3) NONCONFORMING USES.—An No airport protection zoning
  781  regulation regulations adopted under this chapter may not shall
  782  require the removal, lowering, or other change or alteration of
  783  any obstruction structure or tree not conforming to the
  784  regulation regulations when adopted or amended, or otherwise
  785  interfere with the continuance of any nonconforming use, except
  786  as provided in s. 333.07(1) and (3).
  788  LOCAL GOVERNMENTS.—An airport master plan shall be prepared by
  789  each public-use publicly owned and operated airport licensed by
  790  the department of Transportation under chapter 330. The
  791  authorized entity having responsibility for governing the
  792  operation of the airport, when either requesting from or
  793  submitting to a state or federal governmental agency with
  794  funding or approval jurisdiction a “finding of no significant
  795  impact,” an environmental assessment, a site-selection study, an
  796  airport master plan, or any amendment to an airport master plan,
  797  shall submit simultaneously a copy of said request, submittal,
  798  assessment, study, plan, or amendments by certified mail to all
  799  affected local governments. As used in For the purposes of this
  800  subsection, the term “affected local government” is defined as
  801  any municipality city or county having jurisdiction over the
  802  airport and any municipality city or county located within 2
  803  miles of the boundaries of the land subject to the airport
  804  master plan.
  805         Section 11. Section 333.065, Florida Statutes, is repealed.
  806         Section 12. Section 333.07, Florida Statutes, is amended to
  807  read:
  808         333.07 Local government permitting of airspace obstructions
  809  Permits and variances.—
  810         (1) PERMITS.—
  811         (a) A person proposing to construct, alter, or allow an
  812  airport obstruction in an airport hazard area in violation of
  813  the airport protection zoning regulations adopted under this
  814  chapter must apply for a permit. A Any airport zoning
  815  regulations adopted under this chapter may require that a permit
  816  be obtained before any new structure or use may be constructed
  817  or established and before any existing use or structure may be
  818  substantially changed or substantially altered or repaired. In
  819  any event, however, all such regulations shall provide that
  820  before any nonconforming structure or tree may be replaced,
  821  substantially altered or repaired, rebuilt, allowed to grow
  822  higher, or replanted, a permit must be secured from the
  823  administrative agency authorized to administer and enforce the
  824  regulations, authorizing such replacement, change, or repair. No
  825  permit may not shall be issued if it granted that would allow
  826  the establishment or creation of an airport hazard or if it
  827  would permit a nonconforming obstruction structure or tree or
  828  nonconforming use to be made or become higher or to become a
  829  greater hazard to air navigation than it was when the applicable
  830  airport protection zoning regulation was adopted which allowed
  831  the establishment or creation of the obstruction, or than it is
  832  when the application for a permit is made.
  833         (b) If Whenever the political subdivision or its
  834  administrative agency determines that a nonconforming
  835  obstruction use or nonconforming structure or tree has been
  836  abandoned or is more than 80 percent torn down, destroyed,
  837  deteriorated, or decayed, a no permit may not shall be granted
  838  if it that would allow the obstruction said structure or tree to
  839  exceed the applicable height limit or otherwise deviate from the
  840  airport protection zoning regulations.; and, Whether or not an
  841  application is made for a permit under this subsection or not,
  842  the said agency may by appropriate action, compel the owner of
  843  the nonconforming obstruction may be required structure or tree,
  844  at his or her own expense, to lower, remove, reconstruct, alter,
  845  or equip such obstruction object as may be necessary to conform
  846  to the current airport protection zoning regulations. If the
  847  owner of the nonconforming obstruction neglects or refuses
  848  structure or tree shall neglect or refuse to comply with such
  849  requirement order for 10 days after notice thereof, the
  850  administrative said agency may report the violation to the
  851  political subdivision involved therein, which subdivision,
  852  through its appropriate agency, may proceed to have the
  853  obstruction object so lowered, removed, reconstructed, altered,
  854  or equipped, and assess the cost and expense thereof upon the
  855  owner of the obstruction object or the land whereon it is or was
  856  located, and, unless such an assessment is paid within 90 days
  857  from the service of notice thereof on the owner or the owner’s
  858  agent, of such object or land, the sum shall be a lien on said
  859  land, and shall bear interest thereafter at the rate of 6
  860  percent per annum until paid, and shall be collected in the same
  861  manner as taxes on real property are collected by said political
  862  subdivision, or, at the option of said political subdivision,
  863  said lien may be enforced in the manner provided for enforcement
  864  of liens by chapter 85.
  865         (c) Except as provided herein, applications for permits
  866  shall be granted, provided the matter applied for meets the
  867  provisions of this chapter and the regulations adopted and in
  868  force hereunder.
  870  determining whether to issue or deny a permit, the political
  871  subdivision or its administrative agency must consider the
  872  following, as applicable:
  873         (a) The safety of persons on the ground and in the air.
  874         (b) The safe and efficient use of navigable airspace.
  875         (c) The nature of the terrain and height of existing
  876  structures.
  877         (d) The effect of the construction or alteration on the
  878  state licensing standards for a public-use airport contained in
  879  chapter 330 and rules adopted thereunder.
  880         (e) The character of existing and planned flight operations
  881  and developments at public-use airports.
  882         (f) Federal airways, visual flight rules, flyways and
  883  corridors, and instrument approaches as designated by the
  884  Federal Aviation Administration.
  885         (g) The effect of the construction or alteration of the
  886  proposed structure on the minimum descent altitude or the
  887  decision height at the affected airport.
  888         (h) The cumulative effects on navigable airspace of all
  889  existing structures and all other known proposed structures in
  890  the area.
  891         (i) Additional requirements adopted by the political
  892  subdivision or administrative agency pertinent to evaluation and
  893  protection of airspace and airport operations.
  894         (2) VARIANCES.—
  895         (a) Any person desiring to erect any structure, increase
  896  the height of any structure, permit the growth of any tree, or
  897  otherwise use his or her property in violation of the airport
  898  zoning regulations adopted under this chapter or any land
  899  development regulation adopted pursuant to the provisions of
  900  chapter 163 pertaining to airport land use compatibility, may
  901  apply to the board of adjustment for a variance from the zoning
  902  regulations in question. At the time of filing the application,
  903  the applicant shall forward to the department by certified mail,
  904  return receipt requested, a copy of the application. The
  905  department shall have 45 days from receipt of the application to
  906  comment and to provide its comments or waiver of that right to
  907  the applicant and the board of adjustment. The department shall
  908  include its explanation for any objections stated in its
  909  comments. If the department fails to provide its comments within
  910  45 days of receipt of the application, its right to comment is
  911  waived. The board of adjustment may proceed with its
  912  consideration of the application only upon the receipt of the
  913  department’s comments or waiver of that right as demonstrated by
  914  the filing of a copy of the return receipt with the board.
  915  Noncompliance with this section shall be grounds to appeal
  916  pursuant to s. 333.08 and to apply for judicial relief pursuant
  917  to s. 333.11. Such variances may only be allowed where a literal
  918  application or enforcement of the regulations would result in
  919  practical difficulty or unnecessary hardship and where the
  920  relief granted would not be contrary to the public interest but
  921  would do substantial justice and be in accordance with the
  922  spirit of the regulations and this chapter. However, any
  923  variance may be allowed subject to any reasonable conditions
  924  that the board of adjustment may deem necessary to effectuate
  925  the purposes of this chapter.
  926         (b) The Department of Transportation shall have the
  927  authority to appeal any variance granted under this chapter
  928  pursuant to s. 333.08, and to apply for judicial relief pursuant
  929  to s. 333.11.
  931         (a) In issuing a granting any permit or variance under this
  932  section, the political subdivision or its administrative agency
  933  or board of adjustment shall require the owner of the
  934  obstruction structure or tree in question to install, operate,
  935  and maintain thereon, at his or her own expense, such marking
  936  and lighting in conformance with the specific standards
  937  established by the Federal Aviation Administration as may be
  938  necessary to indicate to aircraft pilots the presence of an
  939  obstruction.
  940         (b) Such marking and lighting shall conform to the specific
  941  standards established by rule by the Department of
  942  Transportation.
  943         (c) Existing structures not in compliance on October 1,
  944  1988, shall be required to comply whenever the existing marking
  945  requires refurbishment, whenever the existing lighting requires
  946  replacement, or within 5 years of October 1, 1988, whichever
  947  occurs first.
  948         Section 13. Section 333.08, Florida Statutes, is repealed.
  949         Section 14. Section 333.09, Florida Statutes, is amended to
  950  read:
  951         333.09 Administration of airport protection zoning
  952  regulations.—
  953         (1) ADMINISTRATION.—All airport protection zoning
  954  regulations adopted under this chapter shall provide for the
  955  administration and enforcement of such regulations by the
  956  political subdivision or its administrative agency an
  957  administrative agency which may be an agency created by such
  958  regulations or any official, board, or other existing agency of
  959  the political subdivision adopting the regulations or of one of
  960  the political subdivisions which participated in the creation of
  961  the joint airport zoning board adopting the regulations, if
  962  satisfactory to that political subdivision, but in no case shall
  963  such administrative agency be or include any member of the board
  964  of adjustment. The duties of any administrative agency
  965  designated pursuant to this chapter must shall include that of
  966  hearing and deciding all permits under s. 333.07 s. 333.07(1),
  967  deciding all matters under s. 333.07(3), as they pertain to such
  968  agency, and all other matters under this chapter applying to
  969  said agency, but such agency shall not have or exercise any of
  970  the powers herein delegated to the board of adjustment.
  971         (2) LOCAL GOVERNMENT PROCESS.—
  972         (a) A political subdivision required to adopt airport
  973  zoning regulations under this chapter shall provide a process
  974  to:
  975         1. Issue or deny permits consistent with s. 333.07.
  976         2. Provide the department with a copy of a complete
  977  application consistent with s. 333.025(4).
  978         3. Enforce the issuance or denial of a permit or other
  979  determination made by the administrative agency with respect to
  980  airport zoning regulations.
  981         (b) If a zoning board or permitting body already exists
  982  within a political subdivision, the zoning board or permitting
  983  body may implement the airport zoning regulation permitting and
  984  appeals processes.
  985         (3) APPEALS.—
  986         (a) A person, a political subdivision or its administrative
  987  agency, or a joint airport zoning board that contends that a
  988  decision made by a political subdivision or its administrative
  989  agency is an improper application of airport zoning regulations
  990  may use the process established for an appeal.
  991         (b) All appeals taken under this section must be taken
  992  within a reasonable time, as provided by the political
  993  subdivision or its administrative agency, by filing with the
  994  entity from which the appeal is taken a notice of appeal
  995  specifying the grounds for appeal.
  996         (c) An appeal shall stay all proceedings in the underlying
  997  action appealed from, unless the entity from which the appeal is
  998  taken certifies pursuant to the rules for appeal that by reason
  999  of the facts stated in the certificate a stay would, in its
 1000  opinion, cause imminent peril to life or property. In such
 1001  cases, proceedings may not be stayed except by order of the
 1002  political subdivision or its administrative agency on notice to
 1003  the entity from which the appeal is taken and for good cause
 1004  shown.
 1005         (d) The political subdivision or its administrative agency
 1006  shall set a reasonable time for the hearing of appeals, give
 1007  public notice and due notice to the parties in interest, and
 1008  decide the same within a reasonable time. Upon the hearing, any
 1009  party may appear in person, by agent, or by attorney.
 1010         (e) The political subdivision or its administrative agency
 1011  may, in conformity with this chapter, affirm, reverse, or modify
 1012  the decision on the permit or other determination from which the
 1013  appeal is taken.
 1014         Section 15. Section 333.10, Florida Statutes, is repealed.
 1015         Section 16. Section 333.11, Florida Statutes, is amended to
 1016  read:
 1017         333.11 Judicial review.—
 1018         (1) Any person, aggrieved, or taxpayer affected, by any
 1019  decision of a board of adjustment, or any governing body of a
 1020  political subdivision, or the Department of Transportation or
 1021  any joint airport zoning board affected by a decision of a
 1022  political subdivision, or its of any administrative agency
 1023  hereunder, may apply for judicial relief to the circuit court in
 1024  the judicial circuit where the political subdivision board of
 1025  adjustment is located within 30 days after rendition of the
 1026  decision by the board of adjustment. Review shall be by petition
 1027  for writ of certiorari, which shall be governed by the Florida
 1028  Rules of Appellate Procedure.
 1029         (2) Upon presentation of such petition to the court, it may
 1030  allow a writ of certiorari, directed to the board of adjustment,
 1031  to review such decision of the board. The allowance of the writ
 1032  shall not stay the proceedings upon the decision appealed from,
 1033  but the court may, on application, on notice to the board, on
 1034  due hearing and due cause shown, grant a restraining order.
 1035         (3) The board of adjustment shall not be required to return
 1036  the original papers acted upon by it, but it shall be sufficient
 1037  to return certified or sworn copies thereof or of such portions
 1038  thereof as may be called for by the writ. The return shall
 1039  concisely set forth such other facts as may be pertinent and
 1040  material to show the grounds of the decision appealed from and
 1041  shall be verified.
 1042         (2)(4) The court has shall have exclusive jurisdiction to
 1043  affirm, reverse, or modify, or set aside the decision on the
 1044  permit or other determination from which the appeal is taken
 1045  brought up for review, in whole or in part, and, if appropriate
 1046  need be, to order further proceedings by the political
 1047  subdivision or its administrative agency board of adjustment.
 1048  The findings of fact by the political subdivision or its
 1049  administrative agency board, if supported by substantial
 1050  evidence, shall be accepted by the court as conclusive, and an
 1051  no objection to a decision of the political subdivision or its
 1052  administrative agency may not board shall be considered by the
 1053  court unless such objection was raised in the underlying
 1054  proceeding shall have been urged before the board, or, if it was
 1055  not so urged, unless there were reasonable grounds for failure
 1056  to do so.
 1057         (3)(5)If In any case in which airport zoning regulations
 1058  adopted under this chapter, although generally reasonable, are
 1059  held by a court to interfere with the use and enjoyment of a
 1060  particular structure or parcel of land to such an extent, or to
 1061  be so onerous in their application to such a structure or parcel
 1062  of land, as to constitute a taking or deprivation of that
 1063  property in violation of the State Constitution or the
 1064  Constitution of the United States, such holding shall not affect
 1065  the application of such regulations to other structures and
 1066  parcels of land, or such regulations as are not involved in the
 1067  particular decision.
 1068         (4)(6)A judicial No appeal to any court may not shall be
 1069  or is permitted under this section until the appellant has
 1070  exhausted all of its remedies through application for local
 1071  government permits, exceptions, and appeals, to any courts, as
 1072  herein provided, save and except an appeal from a decision of
 1073  the board of adjustment, the appeal herein provided being from
 1074  such final decision of such board only, the appellant being
 1075  hereby required to exhaust his or her remedies hereunder of
 1076  application for permits, exceptions and variances, and appeal to
 1077  the board of adjustment, and gaining a determination by said
 1078  board, before being permitted to appeal to the court hereunder.
 1079         Section 17. Section 333.12, Florida Statutes, is amended to
 1080  read:
 1081         333.12 Acquisition of air rights.—If In any case which: it
 1082  is desired to remove, lower or otherwise terminate a
 1083  nonconforming obstruction is determined to be an airport hazard
 1084  and the owner will not remove, lower, or otherwise eliminate it
 1085  structure or use; or the approach protection necessary cannot,
 1086  because of constitutional limitations, be provided by airport
 1087  zoning regulations under this chapter; or it appears advisable
 1088  that the necessary approach protection be provided by
 1089  acquisition of property rights rather than by airport zoning
 1090  regulations, the political subdivision within which the property
 1091  or nonconforming obstruction use is located, or the political
 1092  subdivision owning or operating the airport or being served by
 1093  it, may acquire, by purchase, grant, or condemnation in the
 1094  manner provided by chapter 73, such property, air right,
 1095  avigation navigation easement, or other estate, portion, or
 1096  interest in the property or nonconforming obstruction structure
 1097  or use or such interest in the air above such property, tree,
 1098  structure, or use, in question, as may be necessary to
 1099  effectuate the purposes of this chapter, and in so doing, if by
 1100  condemnation, to have the right to take immediate possession of
 1101  the property, interest in property, air right, or other right
 1102  sought to be condemned, at the time, and in the manner and form,
 1103  and as authorized by chapter 74. In the case of the purchase of
 1104  any property, or any easement, or estate or interest therein or
 1105  the acquisition of the same by the power of eminent domain, the
 1106  political subdivision making such purchase or exercising such
 1107  power shall, in addition to the damages for the taking, injury,
 1108  or destruction of property, also pay the cost of the removal and
 1109  relocation of any structure or any public utility that which is
 1110  required to be moved to a new location.
 1111         Section 18. Section 333.13, Florida Statutes, is amended to
 1112  read:
 1113         333.13 Enforcement and remedies.—
 1114         (1) Each violation of this chapter or of any airport zoning
 1115  regulations, orders, or rulings adopted promulgated or made
 1116  pursuant to this chapter shall constitute a misdemeanor of the
 1117  second degree, punishable as provided in s. 775.082 or s.
 1118  775.083, and each day a violation continues to exist shall
 1119  constitute a separate offense.
 1120         (2) In addition, the political subdivision or agency
 1121  adopting the airport zoning regulations under this chapter may
 1122  institute in any court of competent jurisdiction an action to
 1123  prevent, restrain, correct, or abate any violation of this
 1124  chapter or of airport zoning regulations adopted under this
 1125  chapter or of any order or ruling made in connection with their
 1126  administration or enforcement, and the court shall adjudge to
 1127  the plaintiff such relief, by way of injunction, (which may be
 1128  mandatory,) or otherwise, as may be proper under all the facts
 1129  and circumstances of the case in order to fully effectuate the
 1130  purposes of this chapter and of the regulations adopted and
 1131  orders and rulings made pursuant thereto.
 1132         (3) The department of Transportation may institute a civil
 1133  action for injunctive relief in the appropriate circuit court to
 1134  prevent violation of any provision of this chapter.
 1135         Section 19. Section 333.135, Florida Statutes, is created
 1136  to read:
 1137         333.135 Transition provisions.—
 1138         (1) Any airport zoning regulation in effect on July 1,
 1139  2016, which includes provisions in conflict with this chapter
 1140  shall be amended to conform to the requirements of this chapter
 1141  by July 1, 2017.
 1142         (2) Any political subdivision having an airport within its
 1143  territorial limits which has not adopted airport zoning
 1144  regulations shall, by July 1, 2017, adopt airport zoning
 1145  regulations consistent with this chapter.
 1146         (3) For those political subdivisions that have not yet
 1147  adopted airport zoning regulations pursuant to this chapter, the
 1148  department shall administer the permitting process as provided
 1149  in s. 333.025.
 1150         Section 20. Section 333.14, Florida Statutes, is repealed.
 1151         Section 21. Subsection (34) is added to section 334.044,
 1152  Florida Statutes, to read:
 1153         334.044 Department; powers and duties.—The department shall
 1154  have the following general powers and duties:
 1155         (34) To assume responsibilities of the United States
 1156  Department of Transportation with respect to highway projects
 1157  within the state under the National Environmental Policy Act of
 1158  1969, 42 U.S.C. s. 4321 et seq., and with respect to related
 1159  responsibilities for environmental review, consultation, or
 1160  other action required under any federal environmental law
 1161  pertaining to review or approval of a highway project within the
 1162  state. The department may assume responsibilities under 23
 1163  U.S.C. s. 327 and enter into one or more agreements, including
 1164  memoranda of understanding, with the United States Secretary of
 1165  Transportation related to the federal surface transportation
 1166  project delivery program for the delivery of highway projects,
 1167  as provided by 23 U.S.C. s. 327. The department may adopt rules
 1168  to implement this subsection and may adopt relevant federal
 1169  environmental standards as the standards for this state for a
 1170  program described in this subsection. Sovereign immunity from
 1171  civil suit in federal court is waived consistent with 23 U.S.C.
 1172  s. 327 and limited to the compliance, discharge, or enforcement
 1173  of a responsibility assumed by the department under this
 1174  subsection.
 1175         Section 22. Paragraph (d) of subsection (2) of section
 1176  334.30, Florida Statutes, is amended, current paragraph (e) of
 1177  subsection (6) of that section is redesignated as paragraph (f),
 1178  and new paragraph (e) is added to that section, to read:
 1179         334.30 Public-private transportation facilities.—The
 1180  Legislature finds and declares that there is a public need for
 1181  the rapid construction of safe and efficient transportation
 1182  facilities for the purpose of traveling within the state, and
 1183  that it is in the public’s interest to provide for the
 1184  construction of additional safe, convenient, and economical
 1185  transportation facilities.
 1186         (2) Agreements entered into pursuant to this section may
 1187  authorize the private entity to impose tolls or fares for the
 1188  use of the facility. The following provisions shall apply to
 1189  such agreements:
 1190         (d) The department shall provide the analysis required in
 1191  subparagraph (6)(f)2. (6)(e)2. to the Legislative Budget
 1192  Commission created pursuant to s. 11.90 for review and approval
 1193  prior to awarding a contract on a lease of an existing toll
 1194  facility.
 1195         (6) The procurement of public-private partnerships by the
 1196  department shall follow the provisions of this section. Sections
 1197  337.025, 337.11, 337.14, 337.141, 337.145, 337.175, 337.18,
 1198  337.185, 337.19, 337.221, and 337.251 shall not apply to
 1199  procurements under this section unless a provision is included
 1200  in the procurement documents. The department shall ensure that
 1201  generally accepted business practices for exemptions provided by
 1202  this subsection are part of the procurement process or are
 1203  included in the public-private partnership agreement.
 1204         (e) The department shall consult with staff of the Division
 1205  of Bond Finance of the State Board of Administration in
 1206  connection with a proposal to finance or refinance a
 1207  transportation facility pursuant to this section. The department
 1208  shall provide the division with the information necessary to
 1209  provide timely consultation and recommendations. The division
 1210  may make an independent recommendation to the Executive Office
 1211  of the Governor.
 1212         Section 23. Section 337.027, Florida Statutes, is created
 1213  to read:
 1214         337.027 Authority to implement a business development
 1215  program.—
 1216         (1) The Department of Transportation may establish a
 1217  program for highway projects that would assist small businesses.
 1218  The purpose of this program is to increase competition, lower
 1219  prices, and provide increased support to meet the department’s
 1220  future work program. The program may include, but is not limited
 1221  to, setting aside contracts, providing preference points for the
 1222  use of small businesses, providing special assistance in bidding
 1223  and contract completion, waiving bond requirements, and
 1224  implementing other strategies that would increase competition.
 1225         (2) For purposes of this section, the term “small business”
 1226  means a business with average gross receipts of less than $15
 1227  million for road and bridge contracts and less than $6.5 million
 1228  for professional and nonprofessional services contracts. A
 1229  business determines its size by averaging its annual gross
 1230  receipts over the last 3 years, including the receipts of an
 1231  affiliate as defined in s. 337.165.
 1232         (3) The department may adopt rules to implement this
 1233  section.
 1234         Section 24. Subsection (4) of section 338.165, Florida
 1235  Statutes, is amended, and subsection (11) is added to that
 1236  section, to read:
 1237         338.165 Continuation of tolls.—
 1238         (4) Notwithstanding any other law to the contrary, pursuant
 1239  to s. 11, Art. VII of the State Constitution, and subject to the
 1240  requirements of subsection (2), the Department of Transportation
 1241  may request the Division of Bond Finance to issue bonds secured
 1242  by toll revenues collected on the Alligator Alley and, the
 1243  Sunshine Skyway Bridge, the Beeline-East Expressway, the Navarre
 1244  Bridge, and the Pinellas Bayway to fund transportation projects
 1245  located within the county or counties in which the project is
 1246  located and contained in the adopted work program of the
 1247  department.
 1248         (11) The department’s Pinellas Bayway System may be
 1249  transferred by the department and become part of the turnpike
 1250  system under the Florida Turnpike Enterprise Law. The transfer
 1251  does not affect the rights of the parties, or their successors
 1252  in interest, under the settlement agreement and final judgment
 1253  in Leonard Lee Ratner, Esther Ratner, and Leeco Gas and Oil Co.
 1254  v. State Road Department of the State of Florida, No. 67-1081
 1255  (Fla. 2nd Cir. Ct. 1968). Upon transfer of the Pinellas Bayway
 1256  System to the turnpike system, the department shall also
 1257  transfer to the Florida Turnpike Enterprise the funds deposited
 1258  in the reserve account established by chapter 85-364, Laws of
 1259  Florida, as amended by chapters 95-382 and 2014-223, Laws of
 1260  Florida, which funds shall be used by the Florida Turnpike
 1261  Enterprise solely to help fund the costs of repair or
 1262  replacement of the transferred facilities.
 1263         Section 25. Chapter 85-364, Laws of Florida, as amended by
 1264  chapters 95-382 and section 48 of 2014-223, Laws of Florida, is
 1265  repealed.
 1266         Section 26. Paragraph (c) of subsection (3) of section
 1267  338.231, Florida Statutes, is amended to read:
 1268         338.231 Turnpike tolls, fixing; pledge of tolls and other
 1269  revenues.—The department shall at all times fix, adjust, charge,
 1270  and collect such tolls and amounts for the use of the turnpike
 1271  system as are required in order to provide a fund sufficient
 1272  with other revenues of the turnpike system to pay the cost of
 1273  maintaining, improving, repairing, and operating such turnpike
 1274  system; to pay the principal of and interest on all bonds issued
 1275  to finance or refinance any portion of the turnpike system as
 1276  the same become due and payable; and to create reserves for all
 1277  such purposes.
 1278         (3)
 1279         (c) Notwithstanding any other provision of law to the
 1280  contrary, any prepaid toll account of any kind which has
 1281  remained inactive for 10 3 years shall be presumed unclaimed and
 1282  its disposition shall be handled by the Department of Financial
 1283  Services in accordance with all applicable provisions of chapter
 1284  717 relating to the disposition of unclaimed property, and the
 1285  prepaid toll account shall be closed by the department.
 1286         Section 27. Section 339.0809, Florida Statutes, is created
 1287  to read:
 1288         339.0809 Florida Department of Transportation Financing
 1289  Corporation.—
 1290         (1) The Florida Department of Transportation Financing
 1291  Corporation is created as a nonprofit corporation for the
 1292  purpose of financing or refinancing projects for the department
 1293  as provided in subsection (5).
 1294         (2) When used in this section, the term “corporation” means
 1295  the Florida Department of Transportation Financing Corporation.
 1296         (3) The corporation shall be governed by a board of
 1297  directors consisting of the director of the Office of Policy and
 1298  Budget in the Executive Office of the Governor, the director of
 1299  the Division of Bond Finance, and the Secretary of
 1300  Transportation. The director of the Division of Bond Finance is
 1301  the chief executive officer of the corporation and shall direct
 1302  and supervise the administrative affairs of the corporation and
 1303  shall control, direct, and supervise the operation of the
 1304  corporation. The corporation shall have such other officers as
 1305  may be determined by the board of directors.
 1306         (4) The corporation shall have all of the powers of a
 1307  corporate body under the laws of this state to the extent that
 1308  they are not inconsistent with or restricted by this section,
 1309  including, but not limited to, the power to:
 1310         (a) Adopt, amend, and repeal bylaws not inconsistent with
 1311  this section.
 1312         (b) Sue and be sued.
 1313         (c) Adopt and use a common seal.
 1314         (d) Acquire, purchase, hold, lease, and convey such real
 1315  and personal property as may be proper or expedient to carry out
 1316  the purposes of the corporation and this section and to sell,
 1317  lease, or otherwise dispose of such property.
 1318         (e) Elect or appoint and employ such other officers,
 1319  agents, and employees as the corporation deems advisable to
 1320  operate and manage the affairs of the corporation, which
 1321  officers, agents, and employees may be officers or employees of
 1322  the department and the state agencies represented on the board
 1323  of directors of the corporation.
 1324         (f) Borrow money and issue notes, bonds, certificates of
 1325  indebtedness, or other obligations or evidences of indebtedness
 1326  necessary to finance or refinance projects as provided in
 1327  subsection (5).
 1328         (g) Make and execute any and all contracts, trust
 1329  agreements, and other instruments and agreements necessary or
 1330  convenient to accomplish the purposes of the corporation and
 1331  this section.
 1332         (h) Select, retain, and employ professionals, contractors,
 1333  or agents, which may include the Division of Bond Finance, as
 1334  necessary or convenient to enable or assist the corporation in
 1335  carrying out the purposes of the corporation and this section.
 1336         (i) Take any action necessary or convenient to carry out
 1337  the purposes of the corporation and this section and the powers
 1338  provided in this section.
 1339         (5) The corporation may enter into one or more service
 1340  contracts with the department to provide services to the
 1341  department in connection with projects approved in the
 1342  department’s work program, which approval specifically provides
 1343  that the department may enter into a service contract for the
 1344  project pursuant to this section. The department may enter into
 1345  one or more such service contracts with the corporation and
 1346  provide for payments under such contracts, subject to annual
 1347  appropriation by the Legislature. The proceeds from such service
 1348  contracts may be used for the corporation’s administrative costs
 1349  and expenses after the payments specified in subsection (6).
 1350  Each service contract may have a term of up to 35 years. In
 1351  compliance with s. 287.0641 and other applicable law, the
 1352  obligations of the department under such service contracts do
 1353  not constitute a general obligation of the state or a pledge of
 1354  the full faith and credit or taxing power of the state, and such
 1355  obligations are not an obligation of the State Board of
 1356  Administration or entities for which it invests funds, other
 1357  than the department as provided in this section, but are payable
 1358  solely from amounts available in the State Transportation Trust
 1359  Fund, subject to annual appropriation. In compliance with this
 1360  subsection and s. 287.0582, the service contract must expressly
 1361  include the following statement: “The State of Florida’s
 1362  performance and obligation to pay under this contract is
 1363  contingent upon an annual appropriation by the Legislature.”
 1364         (6) The corporation may issue and incur notes, bonds,
 1365  certificates of indebtedness, or other obligations or evidences
 1366  of indebtedness payable from and secured by amounts payable to
 1367  the corporation by the department under a service contract
 1368  entered into pursuant to subsection (5) for the purpose of
 1369  financing or refinancing projects approved as provided in that
 1370  subsection. The duration of any such note, bond, certificate of
 1371  indebtedness, or other obligation or evidence of indebtedness
 1372  may not exceed 30 annual maturities. The corporation may select
 1373  its financing team and issue its obligations through competitive
 1374  bidding or negotiated contracts, whichever is most cost
 1375  effective. Indebtedness of the corporation does not constitute a
 1376  debt or obligation of the state or a pledge of the full faith
 1377  and credit or taxing power of the state, but is payable from and
 1378  secured by payments made by the department under the service
 1379  contract.
 1380         (7) The fulfillment of the purposes of the corporation
 1381  promotes the health, safety, and general welfare of the people
 1382  of the state and serves essential governmental functions and a
 1383  paramount public purpose.
 1384         (8) The corporation is exempt from taxation and assessments
 1385  on its income, property, and assets or revenues acquired,
 1386  received, or used in the furtherance of the purposes provided in
 1387  this chapter. The obligations of the corporation incurred
 1388  pursuant to subsection (6) and the interest and income on such
 1389  obligations and all security agreements, letters of credit,
 1390  liquidity facilities, or other obligations or instruments
 1391  arising out of, entered into in connection with, or given to
 1392  secure payment of such obligations are exempt from taxation;
 1393  however, such exemption does not apply to any tax imposed under
 1394  chapter 220 on the interest, income, or profits on debt
 1395  obligations owned by corporations.
 1396         (9) The corporation may validate obligations to be incurred
 1397  pursuant to subsection (6) and the validity and enforceability
 1398  of any service contracts providing for payments pledged to the
 1399  payment of such obligations by proceedings under chapter 75. The
 1400  validation complaint may be filed only in the Circuit Court of
 1401  Leon County. The notice required to be published by s. 75.06
 1402  must be published in Leon County, and the complaint and order of
 1403  the circuit court may be served only on the State Attorney for
 1404  the Second Judicial Circuit. Sections 75.04(2) and 75.06(2) do
 1405  not apply to a complaint for validation filed under this
 1406  subsection.
 1407         (10) The corporation is not a special district for the
 1408  purposes of chapter 189 or a unit of local government for the
 1409  purposes of part III of chapter 218. The provisions of chapters
 1410  120 and 215, except the limitation on the interest rates
 1411  provided by s. 215.84, which applies to obligations of the
 1412  corporation issued pursuant to this section, and part I of
 1413  chapter 287, except ss. 287.0582 and 287.0641, do not apply to
 1414  this section, the corporation, the service contracts entered
 1415  into pursuant to this section, or debt obligations issued by the
 1416  corporation as contemplated in this section.
 1417         (11) The benefits and earnings of the corporation may not
 1418  inure to the benefit of any private person.
 1419         (12) Upon dissolution of the corporation, title to all
 1420  property owned by the corporation reverts to the state.
 1421         (13) The corporation may contract with the State Board of
 1422  Administration to serve as a trustee with respect to debt
 1423  obligations issued by the corporation as contemplated by this
 1424  section; to hold, administer, and invest proceeds of such debt
 1425  obligations and other funds of the corporation; and to perform
 1426  other services required by the corporation. The State Board of
 1427  Administration may perform such services and may contract with
 1428  others to provide all or a part of such services and to recover
 1429  its costs and other expenses thereof.
 1430         (14) The department may enter into a service contract in
 1431  conjunction with the issuance of debt obligations as provided in
 1432  this section which provides for periodic payments for debt
 1433  service or other amounts payable with respect to debt
 1434  obligations, plus any administrative expenses of the
 1435  corporation.
 1436         Section 28. Paragraph (d) of subsection (3) of section
 1437  343.922, Florida Statutes, is amended to read:
 1438         343.922 Powers and duties.—
 1439         (3)
 1440         (d) After its adoption, the master plan shall be updated
 1441  every 5 2 years before July 1.
 1442         Section 29. Paragraph (a) of subsection (9) of section
 1443  348.0004, Florida Statutes, is amended to read:
 1444         348.0004 Purposes and powers.—
 1445         (9) The Legislature declares that there is a public need
 1446  for the rapid construction of safe and efficient transportation
 1447  facilities for traveling within the state and that it is in the
 1448  public’s interest to provide for public-private partnership
 1449  agreements to effectuate the construction of additional safe,
 1450  convenient, and economical transportation facilities.
 1451         (a) Notwithstanding any other provision of the Florida
 1452  Expressway Authority Act, any expressway authority,
 1453  transportation authority, bridge authority, or toll authority
 1454  may receive or solicit proposals and enter into agreements with
 1455  private entities, or consortia thereof, for the building,
 1456  operation, ownership, or financing of authority transportation
 1457  facilities or new transportation facilities within the
 1458  jurisdiction of the authority which increase transportation
 1459  capacity. An authority may not sell or lease any transportation
 1460  facility owned by the authority, without providing the analysis
 1461  required in s. 334.30(6) s. 334.30(6)(e)2. to the Legislative
 1462  Budget Commission created pursuant to s. 11.90 for review and
 1463  approval prior to awarding a contract on a lease of an existing
 1464  toll facility. An authority is authorized to adopt rules to
 1465  implement this subsection and shall, by rule, establish an
 1466  application fee for the submission of unsolicited proposals
 1467  under this subsection. The fee must be sufficient to pay the
 1468  costs of evaluating the proposals. An authority may engage
 1469  private consultants to assist in the evaluation. Before
 1470  approval, an authority must determine that a proposed project:
 1471         1. Is in the public’s best interest.
 1472         2. Would not require state funds to be used unless the
 1473  project is on or provides increased mobility on the State
 1474  Highway System.
 1475         3. Would have adequate safeguards to ensure that no
 1476  additional costs or service disruptions would be realized by the
 1477  traveling public and residents of the state in the event of
 1478  default or the cancellation of the agreement by the authority.
 1479         4. Would have adequate safeguards in place to ensure that
 1480  the department, the authority, or the private entity has the
 1481  opportunity to add capacity to the proposed project and other
 1482  transportation facilities serving similar origins and
 1483  destinations.
 1484         5. Would be owned by the authority upon completion or
 1485  termination of the agreement.
 1486         Section 30. This act shall take effect July 1, 2016.