CS for CS for SB 1672 First Engrossed
20231672e1
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 that certain documentation be submitted to
6 the Department of Transportation for a public
7 temporary airport or private temporary airport site
8 approval order; requiring a public temporary airport
9 to obtain a license and a private temporary airport to
10 obtain registration before operation of aircraft to or
11 from the airport; requiring the department to approve
12 or deny applications for a public temporary airport or
13 private temporary airport site approval order within a
14 specified timeframe; requiring that applications that
15 are not approved or denied within such timeframe be
16 considered approved and that approval orders be
17 issued; requiring the department to publish certain
18 notice of intent to approve or deny an application for
19 a public temporary airport or private temporary
20 airport site approval order; requiring that issuance
21 of site approval orders be held in abeyance under
22 certain circumstances; requiring the department to
23 issue a public temporary airport license or private
24 temporary airport registration concurrent with airport
25 site approval; requiring applicants seeking to claim
26 registration by default to provide specified notice to
27 the agency clerk of the department before taking
28 certain actions; removing a condition for licensure or
29 registration as a temporary airport; prohibiting the
30 department from approving subsequent applications for
31 a public temporary airport or private temporary
32 airport site approval order under certain
33 circumstances; revising an exemption from certain
34 provisions for an airport used for aerial application
35 or spraying of crops; providing an effective date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Subsection (7) of section 330.27, Florida
40 Statutes, is amended to read:
41 330.27 Definitions, when used in ss. 330.29-330.39.—
42 (7) “Temporary airport” means an any airport at which
43 flight operations are conducted under visual flight rules
44 established by the Federal Aviation Administration and which is
45 that will be used for a period of less than 30 consecutive days
46 with no more than 10 operations per day.
47 Section 2. Subsection (1), paragraphs (a) and (c) of
48 subsection (2), and paragraph (e) of subsection (3) of section
49 330.30, Florida Statutes, are amended to read:
50 330.30 Approval of airport sites; registration and
51 licensure of airports.—
52 (1) SITE APPROVALS; REQUIREMENTS, EFFECTIVE PERIOD,
53 REVOCATION.—
54 (a) Except as provided in subsection (3), the owner or
55 lessee of a any proposed airport shall, before prior to site
56 acquisition or construction or establishment of the proposed
57 airport, obtain approval of the airport site from the
58 department. Applications for approval of a site shall be made in
59 a form and manner prescribed by the department. The department
60 shall grant the site approval if it is satisfied:
61 1. That the site has adequate area allocated for the
62 airport as proposed.
63 2. That the proposed airport will conform to licensing or
64 registration requirements and will comply with the applicable
65 local government land development regulations or zoning
66 requirements.
67 3. That all affected airports, local governments, and
68 property owners have been notified and any comments submitted by
69 them have been given adequate consideration.
70 4. That safe air-traffic patterns can be established for
71 the proposed airport with all existing airports and approved
72 airport sites in its vicinity.
73 (b) Site approval shall be granted for a public airport
74 airports only after a favorable department inspection of the
75 proposed site.
76 (c) Site approval shall be granted for a private airport
77 airports only after receipt of documentation in a form and
78 manner the department deems necessary to satisfy the conditions
79 in paragraph (a).
80 (d) Site approval shall be granted for a public temporary
81 airport or private temporary airport only after receipt of
82 documentation in a form and manner the department deems
83 necessary to satisfy the conditions in paragraph (a). Such
84 documentation must be included with the application for a public
85 temporary airport or private temporary airport site approval
86 order.
87 (e)(d) Site approval may be granted subject to any
88 reasonable conditions the department deems necessary to protect
89 the public health, safety, or welfare.
90 (f)(e) Approval as a public airport or a private airport
91 shall remain valid for 2 years after the date of issue, unless
92 revoked by the department or unless a public airport license is
93 issued or a private airport registration is completed pursuant
94 to subsection (2) before prior to the expiration date.
95 (g)(f) The department may extend a public airport or
96 private airport site approval for subsequent periods of 2 years
97 per extension for good cause.
98 (h)(g) The department may revoke an airport a site approval
99 if it determines:
100 1. That the site has been abandoned as an airport site;
101 2. That the site has not been developed as an airport
102 within a reasonable time period or development does not comply
103 with the conditions of the site approval;
104 3. That, except as required for in-flight emergencies,
105 aircraft have operated on the site; or
106 4. That the site is no longer usable for aviation purposes
107 due to physical or legal changes in conditions that were the
108 subject of the approval granted.
109 (2) LICENSES AND REGISTRATIONS; REQUIREMENTS, RENEWAL,
110 REVOCATION.—
111 (a) Except as provided in subsection (3), the owner or
112 lessee of an any airport in this state shall have either a
113 public airport license, a or private airport registration, a
114 public temporary airport license, or a private temporary airport
115 registration before prior to the operation of aircraft to or
116 from the airport facility. Application for a license or
117 registration shall be made in a form and manner prescribed by
118 the department. Upon granting site approval:
119 1. For a public airport, upon granting site approval, the
120 department shall issue a license after a final airport
121 inspection finds the airport facility to be in compliance with
122 all requirements for the license. The license may be subject to
123 any reasonable conditions that the department deems may deem
124 necessary to protect the public health, safety, or welfare.
125 2. For a private airport, upon granting site approval, the
126 department shall provide controlled electronic access to the
127 state aviation facility data system to permit the applicant to
128 complete the registration process. Registration shall be
129 completed upon self-certification by the registrant of
130 operational and configuration data deemed necessary by the
131 department.
132 3. For an application for a public temporary airport or
133 private temporary airport site approval order, the department
134 must approve or deny the application within 30 days after
135 receipt of a complete application, notwithstanding the
136 requirements of s. 120.60. A complete airport site approval
137 application that is not approved or denied within 30 days after
138 the department receives the completed application is considered
139 approved, and the approval order shall be issued, subject to
140 such reasonable conditions as are authorized by law. Upon the
141 department’s intent to approve or deny an applicant’s private
142 temporary airport site approval order or public temporary
143 airport site approval order, the department must publish a
144 notice of intent to approve or deny the application in the next
145 available publication of the Florida Administrative Register.
146 The notice must inform the recipient of any administrative
147 hearing that is available, indicate the procedure that must be
148 followed to obtain the hearing, and state that a request for
149 hearing must be submitted no later than 14 days after the date
150 of publication. The issuance of the site approval order must be
151 held in abeyance if a hearing is requested by a person whose
152 substantial interests will be determined or affected by the
153 pending public temporary airport or private temporary airport
154 site approval order. If site approval is granted, licensure of
155 the public temporary airport or registration of the private
156 temporary airport is deemed complete, and the department must
157 issue the public temporary airport license or private temporary
158 airport registration concurrent with the airport site approval.
159 Any applicant seeking to claim registration by default under
160 this subparagraph shall notify the agency clerk of the
161 department, in writing, of the applicant’s intent to rely upon
162 the default registration provision of this subparagraph and may
163 not take any action based upon the default registration until
164 after receipt of such notice by the agency clerk.
165 (c) The department may license a public airport or a
166 private airport may register as a temporary airport provided
167 that the airport will not endanger the public health, safety, or
168 welfare and the airport meets the temporary airport requirements
169 established by the department. A temporary airport license or
170 registration shall be valid for less than 30 days and is not
171 renewable. The department may not approve a subsequent
172 application for a public temporary airport or private temporary
173 airport site approval order for the same general location if the
174 purpose or effect of such order is to evade otherwise applicable
175 airport permitting, licensure, or registration requirements.
176 (3) EXEMPTIONS.—The provisions of this section do not apply
177 to:
178 (e) An airport which meets the criteria of s. 330.27(7)
179 used exclusively for aerial application or spraying of crops on
180 a seasonal basis, not to include any licensed airport where
181 permanent crop aerial application or spraying facilities are
182 installed, if the period of operation does not exceed 30 days
183 per calendar year and the frequency of operations does not
184 exceed 10 operations per day. Such proposed airports, which will
185 be located within 3 miles of existing airports or approved
186 airport sites, shall establish safe air-traffic patterns with
187 such existing airports or approved airport sites, by memorandums
188 of understanding, or by letters of agreement between the parties
189 representing the airports or sites.
190 Section 3. This act shall take effect July 1, 2023.