Florida Senate - 2023                                    SB 1672
       By Senator DiCeglie
       18-01663-23                                           20231672__
    1                        A bill to be entitled                      
    2         An act relating to temporary airports; amending s.
    3         330.27, F.S.; revising the definition of the term
    4         “temporary airport”; amending s. 330.30, F.S.;
    5         requiring certain documentation to be submitted to the
    6         Department of Transportation for temporary airport
    7         site approval and temporary airport registration;
    8         requiring a temporary airport to obtain registration
    9         before operation of aircraft to or from the airport;
   10         requiring the department to publish certain notice of
   11         receipt of a temporary airport registration
   12         application; specifying the period during which such
   13         application may be approved or denied; requiring the
   14         department to issue registration concurrent with site
   15         approval; removing a condition for licensure or
   16         registration as a temporary airport; prohibiting
   17         approval of subsequent temporary airport registration
   18         applications under certain circumstances; revising an
   19         exemption from certain provisions for an airport used
   20         for aerial application or spraying of crops; providing
   21         an effective date.
   23  Be It Enacted by the Legislature of the State of Florida:
   25         Section 1. Subsection (7) of section 330.27, Florida
   26  Statutes, is amended to read:
   27         330.27 Definitions, when used in ss. 330.29-330.39.—
   28         (7) “Temporary airport” means an any airport at which
   29  flight operations are conducted under visual flight rules
   30  established by the Federal Aviation Administration and which is
   31  that will be used for a period of less than 30 consecutive days
   32  with no more than 10 operations per day.
   33         Section 2. Subsection (1), paragraphs (a) and (c) of
   34  subsection (2), and paragraph (e) of subsection (3) of section
   35  330.30, Florida Statutes, are amended to read:
   36         330.30 Approval of airport sites; registration and
   37  licensure of airports.—
   40         (a) Except as provided in subsection (3), the owner or
   41  lessee of a any proposed airport shall, before prior to site
   42  acquisition or construction or establishment of the proposed
   43  airport, obtain approval of the airport site from the
   44  department. Applications for approval of a site shall be made in
   45  a form and manner prescribed by the department. The department
   46  shall grant the site approval if it is satisfied:
   47         1. That the site has adequate area allocated for the
   48  airport as proposed.
   49         2. That the proposed airport will conform to licensing or
   50  registration requirements and will comply with the applicable
   51  local government land development regulations or zoning
   52  requirements.
   53         3. That all affected airports, local governments, and
   54  property owners have been notified and any comments submitted by
   55  them have been given adequate consideration.
   56         4. That safe air-traffic patterns can be established for
   57  the proposed airport with all existing airports and approved
   58  airport sites in its vicinity.
   59         (b) Site approval shall be granted for a public airport
   60  airports only after a favorable department inspection of the
   61  proposed site.
   62         (c) Site approval shall be granted for a private airport
   63  airports only after receipt of documentation in a form and
   64  manner the department deems necessary to satisfy the conditions
   65  in paragraph (a).
   66         (d)Site approval shall be granted for a temporary airport
   67  only after receipt of documentation in a form and manner the
   68  department deems necessary to satisfy the conditions in
   69  paragraph (a). Such documentation must be included with the
   70  application for a temporary airport registration.
   71         (e)(d) Site approval may be granted subject to any
   72  reasonable conditions the department deems necessary to protect
   73  the public health, safety, or welfare.
   74         (f)(e) Approval as a public airport or a private airport
   75  shall remain valid for 2 years after the date of issue, unless
   76  revoked by the department or unless a public airport license is
   77  issued or a private airport registration is completed pursuant
   78  to subsection (2) before prior to the expiration date.
   79         (g)(f) The department may extend a public airport or
   80  private airport site approval for subsequent periods of 2 years
   81  per extension for good cause.
   82         (h)(g) The department may revoke an airport a site approval
   83  if it determines:
   84         1. That the site has been abandoned as an airport site;
   85         2. That the site has not been developed as an airport
   86  within a reasonable time period or development does not comply
   87  with the conditions of the site approval;
   88         3. That, except as required for in-flight emergencies,
   89  aircraft have operated on the site; or
   90         4. That the site is no longer usable for aviation purposes
   91  due to physical or legal changes in conditions that were the
   92  subject of the approval granted.
   95         (a) Except as provided in subsection (3), the owner or
   96  lessee of an any airport in this state shall have either a
   97  public airport license, or private airport registration, or
   98  temporary airport registration before prior to the operation of
   99  aircraft to or from the airport facility. Application for a
  100  license or registration shall be made in a form and manner
  101  prescribed by the department. Upon granting site approval:
  102         1. For a public airport, upon granting site approval, the
  103  department shall issue a license after a final airport
  104  inspection finds the airport facility to be in compliance with
  105  all requirements for the license. The license may be subject to
  106  any reasonable conditions that the department deems may deem
  107  necessary to protect the public health, safety, or welfare.
  108         2. For a private airport, upon granting site approval, the
  109  department shall provide controlled electronic access to the
  110  state aviation facility data system to permit the applicant to
  111  complete the registration process. Registration shall be
  112  completed upon self-certification by the registrant of
  113  operational and configuration data deemed necessary by the
  114  department.
  115         3.For a temporary airport, the department must publish
  116  notice of receipt of a registration application in the next
  117  available publication of the Florida Administrative Register and
  118  may not approve a registration application less than 14 days
  119  after the date of publication. The department must approve or
  120  deny a registration application within 14 days after receipt of
  121  a completed application and must issue the temporary airport
  122  registration concurrent with the airport site approval.
  123         (c) The department may license a public airport or a
  124  private airport may register as a temporary airport provided
  125  that the airport will not endanger the public health, safety, or
  126  welfare and the airport meets the temporary airport requirements
  127  established by the department. A temporary airport license or
  128  registration shall be valid for less than 30 days and is not
  129  renewable. The department may not approve a subsequent temporary
  130  airport registration application for the same general location
  131  if the purpose or effect is to evade otherwise applicable
  132  airport permitting or licensure requirements.
  133         (3) EXEMPTIONS.—The provisions of this section do not apply
  134  to:
  135         (e) An airport which meets the criteria of s. 330.27(7)
  136  used exclusively for aerial application or spraying of crops on
  137  a seasonal basis, not to include any licensed airport where
  138  permanent crop aerial application or spraying facilities are
  139  installed, if the period of operation does not exceed 30 days
  140  per calendar year and the frequency of operations does not
  141  exceed 10 operations per day. Such proposed airports, which will
  142  be located within 3 miles of existing airports or approved
  143  airport sites, shall establish safe air-traffic patterns with
  144  such existing airports or approved airport sites, by memorandums
  145  of understanding, or by letters of agreement between the parties
  146  representing the airports or sites.
  147         Section 3. This act shall take effect July 1, 2023.