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.