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