Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1672
       
       
       
       
       
       
                                Ì204976NÎ204976                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/21/2023           .                                
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       The Committee on Fiscal Policy (DiCeglie) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (7) of section 330.27, Florida
    6  Statutes, is amended to read:
    7         330.27 Definitions, when used in ss. 330.29-330.39.—
    8         (7) “Temporary airport” means an any airport at which
    9  flight operations are conducted under visual flight rules
   10  established by the Federal Aviation Administration and which is
   11  that will be used for a period of less than 30 consecutive days
   12  with no more than 10 operations per day.
   13         Section 2. Subsection (1), paragraphs (a) and (c) of
   14  subsection (2), and paragraph (e) of subsection (3) of section
   15  330.30, Florida Statutes, are amended to read:
   16         330.30 Approval of airport sites; registration and
   17  licensure of airports.—
   18         (1) SITE APPROVALS; REQUIREMENTS, EFFECTIVE PERIOD,
   19  REVOCATION.—
   20         (a) Except as provided in subsection (3), the owner or
   21  lessee of a any proposed airport shall, before prior to site
   22  acquisition or construction or establishment of the proposed
   23  airport, obtain approval of the airport site from the
   24  department. Applications for approval of a site shall be made in
   25  a form and manner prescribed by the department. The department
   26  shall grant the site approval if it is satisfied:
   27         1. That the site has adequate area allocated for the
   28  airport as proposed.
   29         2. That the proposed airport will conform to licensing or
   30  registration requirements and will comply with the applicable
   31  local government land development regulations or zoning
   32  requirements.
   33         3. That all affected airports, local governments, and
   34  property owners have been notified and any comments submitted by
   35  them have been given adequate consideration.
   36         4. That safe air-traffic patterns can be established for
   37  the proposed airport with all existing airports and approved
   38  airport sites in its vicinity.
   39         (b) Site approval shall be granted for a public airport
   40  airports only after a favorable department inspection of the
   41  proposed site.
   42         (c) Site approval shall be granted for a private airport
   43  airports only after receipt of documentation in a form and
   44  manner the department deems necessary to satisfy the conditions
   45  in paragraph (a).
   46         (d)Site approval shall be granted for a public temporary
   47  airport or private temporary airport only after receipt of
   48  documentation in a form and manner the department deems
   49  necessary to satisfy the conditions in paragraph (a). Such
   50  documentation must be included with the application for a public
   51  temporary airport or private temporary airport site approval
   52  order.
   53         (e)(d) Site approval may be granted subject to any
   54  reasonable conditions the department deems necessary to protect
   55  the public health, safety, or welfare.
   56         (f)(e) Approval as a public airport or a private airport
   57  shall remain valid for 2 years after the date of issue, unless
   58  revoked by the department or unless a public airport license is
   59  issued or a private airport registration is completed pursuant
   60  to subsection (2) before prior to the expiration date.
   61         (g)(f) The department may extend a public airport or
   62  private airport site approval for subsequent periods of 2 years
   63  per extension for good cause.
   64         (h)(g) The department may revoke an airport a site approval
   65  if it determines:
   66         1. That the site has been abandoned as an airport site;
   67         2. That the site has not been developed as an airport
   68  within a reasonable time period or development does not comply
   69  with the conditions of the site approval;
   70         3. That, except as required for in-flight emergencies,
   71  aircraft have operated on the site; or
   72         4. That the site is no longer usable for aviation purposes
   73  due to physical or legal changes in conditions that were the
   74  subject of the approval granted.
   75         (2) LICENSES AND REGISTRATIONS; REQUIREMENTS, RENEWAL,
   76  REVOCATION.—
   77         (a) Except as provided in subsection (3), the owner or
   78  lessee of an any airport in this state shall have either a
   79  public airport license, a or private airport registration, a
   80  public temporary airport license, or a private temporary airport
   81  registration before prior to the operation of aircraft to or
   82  from the airport facility. Application for a license or
   83  registration shall be made in a form and manner prescribed by
   84  the department. Upon granting site approval:
   85         1. For a public airport, upon granting site approval, the
   86  department shall issue a license after a final airport
   87  inspection finds the airport facility to be in compliance with
   88  all requirements for the license. The license may be subject to
   89  any reasonable conditions that the department deems may deem
   90  necessary to protect the public health, safety, or welfare.
   91         2. For a private airport, upon granting site approval, the
   92  department shall provide controlled electronic access to the
   93  state aviation facility data system to permit the applicant to
   94  complete the registration process. Registration shall be
   95  completed upon self-certification by the registrant of
   96  operational and configuration data deemed necessary by the
   97  department.
   98         3. For an application for a public temporary airport or
   99  private temporary airport site approval order, upon receipt of a
  100  completed application, the department must publish a notice of
  101  intent to approve or deny the application in the next available
  102  publication of the Florida Administrative Register. The notice
  103  must inform the recipient of any administrative hearing that is
  104  available, indicate the procedure that must be followed to
  105  obtain the hearing, and state that a request for hearing must be
  106  submitted no later than 14 days after the date of publication.
  107  The department may not approve or deny an application sooner
  108  than 14 days after the date of publication. The department must
  109  approve or deny an application no later than 30 days after the
  110  date of publication, unless a hearing is requested by a person
  111  whose substantial interests will be determined or affected by
  112  the pending public temporary airport or private temporary
  113  airport site approval order. If site approval is granted,
  114  licensure of the public temporary airport or registration of the
  115  private temporary airport is deemed complete, and the department
  116  must issue the private temporary airport license or private
  117  temporary airport registration concurrent with the airport site
  118  approval.
  119         (c) The department may license a public airport or a
  120  private airport may register as a temporary airport provided
  121  that the airport will not endanger the public health, safety, or
  122  welfare and the airport meets the temporary airport requirements
  123  established by the department. A temporary airport license or
  124  registration shall be valid for less than 30 days and is not
  125  renewable. The department may not approve a subsequent
  126  application for a public temporary airport or private temporary
  127  airport site approval order for the same general location if the
  128  purpose or effect of such order is to evade otherwise applicable
  129  airport permitting, licensure, or registration requirements.
  130         (3) EXEMPTIONS.—The provisions of this section do not apply
  131  to:
  132         (e) An airport which meets the criteria of s. 330.27(7)
  133  used exclusively for aerial application or spraying of crops on
  134  a seasonal basis, not to include any licensed airport where
  135  permanent crop aerial application or spraying facilities are
  136  installed, if the period of operation does not exceed 30 days
  137  per calendar year and the frequency of operations does not
  138  exceed 10 operations per day. Such proposed airports, which will
  139  be located within 3 miles of existing airports or approved
  140  airport sites, shall establish safe air-traffic patterns with
  141  such existing airports or approved airport sites, by memorandums
  142  of understanding, or by letters of agreement between the parties
  143  representing the airports or sites.
  144         Section 3. This act shall take effect July 1, 2023.
  145  
  146  ================= T I T L E  A M E N D M E N T ================
  147  And the title is amended as follows:
  148         Delete everything before the enacting clause
  149  and insert:
  150                        A bill to be entitled                      
  151         An act relating to temporary airports; amending s.
  152         330.27, F.S.; revising the definition of the term
  153         “temporary airport”; amending s. 330.30, F.S.;
  154         requiring that certain documentation be submitted to
  155         the Department of Transportation for a public
  156         temporary airport or private temporary airport site
  157         approval order; requiring a public temporary airport
  158         to obtain a license and a private temporary airport to
  159         obtain registration before operation of aircraft to or
  160         from the airport; requiring the department to publish
  161         certain notice of intent to approve or deny an
  162         application for a public temporary airport or private
  163         temporary airport site approval order; specifying the
  164         period during which such application may be approved
  165         or denied; deeming public temporary airport licensure
  166         or private temporary airport registration complete if
  167         the department grants site approval; requiring the
  168         department to issue a public temporary airport license
  169         or private temporary airport registration concurrent
  170         with airport site approval; removing a condition for
  171         licensure or registration as a temporary airport;
  172         prohibiting the department from approving subsequent
  173         applications for a public temporary airport or private
  174         temporary airport site approval order under certain
  175         circumstances; revising an exemption from certain
  176         provisions for an airport used for aerial application
  177         or spraying of crops; providing an effective date.