Florida Senate - 2023                             CS for SB 1672
       By the Committee on Transportation; and Senators DiCeglie and
       596-03508-23                                          20231672c1
    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.—
   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
   53  requirements.
   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.
   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
  115  department.
  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
  141  to:
  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.