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.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
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.—
38 (1) SITE APPROVALS; REQUIREMENTS, EFFECTIVE PERIOD,
39 REVOCATION.—
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.
93 (2) LICENSES AND REGISTRATIONS; REQUIREMENTS, RENEWAL,
94 REVOCATION.—
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.