Florida Senate - 2024 SENATOR AMENDMENT
Bill No. CS for CS for HB 981
Ì163918DÎ163918
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R . Floor: RC
03/05/2024 06:43 PM . 03/07/2024 04:13 PM
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Senator Harrell moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (1), (2), and (8) of section 330.27,
6 Florida Statutes, are amended to read:
7 330.27 Definitions, when used in ss. 330.29-330.39.—
8 (1) “Aircraft” means a powered or unpowered machine or
9 device capable of atmospheric flight, including, but not limited
10 to, an airplane, autogyro, glider, gyrodyne, helicopter, lift
11 and cruise, multicopter, paramotor, powered lift, seaplane,
12 tiltrotor, ultralight, and vectored thrust. The term does not
13 include except a parachute or other such device used primarily
14 as safety equipment.
15 (2) “Airport” means an area of land or water used for, or
16 intended to be used for, landing and takeoff of aircraft
17 operations, which may include any including appurtenant areas,
18 buildings, facilities, or rights-of-way necessary to facilitate
19 such use or intended use. The term includes, but is not limited
20 to, an airpark, airport, gliderport, heliport, helistop,
21 seaplane base, ultralight flightpark, vertiport, and vertistop.
22 (8) “Ultralight aircraft” means any aircraft meeting the
23 criteria established by part 103 of the Federal Aviation
24 Regulations.
25 Section 2. Present subsections (3) and (4) of section
26 330.30, Florida Statutes, are redesignated as subsections (4)
27 and (5), respectively, a new subsection (3) is added to that
28 section, and paragraph (a) of subsection (1), paragraph (a) of
29 subsection (2), and present subsection (4) of that section are
30 amended, to read:
31 330.30 Approval of airport sites; registration and
32 licensure of airports.—
33 (1) SITE APPROVALS; REQUIREMENTS, EFFECTIVE PERIOD,
34 REVOCATION.—
35 (a) Except as provided in subsection (4) (3), the owner or
36 lessee of a proposed airport shall, before site acquisition or
37 construction or establishment of the proposed airport, obtain
38 approval of the airport site from the department. Applications
39 for approval of a site shall be made in a form and manner
40 prescribed by the department. The department shall grant the
41 site approval if it is satisfied:
42 1. That the site has adequate area allocated for the
43 airport as proposed.
44 2. That the proposed airport will conform to licensing or
45 registration requirements and will comply with the applicable
46 local government land development regulations or zoning
47 requirements.
48 3. That all affected airports, local governments, and
49 property owners have been notified and any comments submitted by
50 them have been given adequate consideration.
51 4. That safe air-traffic patterns can be established for
52 the proposed airport with all existing airports and approved
53 airport sites in its vicinity.
54 (2) LICENSES AND REGISTRATIONS; REQUIREMENTS, RENEWAL,
55 REVOCATION.—
56 (a) Except as provided in subsection (4) (3), the owner or
57 lessee of an airport in this state shall have a public airport
58 license, private airport registration, or temporary airport
59 registration before the operation of aircraft to or from the
60 airport. Application for a license or registration shall be made
61 in a form and manner prescribed by the department.
62 1. For a public airport, upon granting site approval, the
63 department shall issue a license after a final airport
64 inspection finds the airport to be in compliance with all
65 requirements for the license. The license may be subject to any
66 reasonable conditions the department deems necessary to protect
67 the public health, safety, or welfare.
68 2. For a private airport, upon granting site approval, the
69 department shall provide controlled electronic access to the
70 state aviation facility data system to permit the applicant to
71 complete the registration process. Registration shall be
72 completed upon self-certification by the registrant of
73 operational and configuration data deemed necessary by the
74 department.
75 3. For a temporary airport, the department must publish
76 notice of receipt of a completed registration application in the
77 next available publication of the Florida Administrative
78 Register and may not approve a registration application less
79 than 14 days after the date of publication of the notice. The
80 department must approve or deny a registration application
81 within 30 days after receipt of a completed application and must
82 issue the temporary airport registration concurrent with the
83 airport site approval. A completed registration application that
84 is not approved or denied within 30 days after the department
85 receives the completed application is considered approved and
86 shall be issued, subject to such reasonable conditions as are
87 authorized by law. An applicant seeking to claim registration by
88 default under this subparagraph must notify the agency clerk of
89 the department, in writing, of the intent to rely upon the
90 default registration provision of this subparagraph and may not
91 take any action based upon the default registration until after
92 receipt of such notice by the agency clerk.
93 (3) VERTIPORTS.—On or after July 1, 2024, the owner or
94 lessee of a proposed vertiport must comply with subsection (1)
95 in obtaining site approval and with subsection (2) in obtaining
96 an airport license or registration. In conjunction with the
97 granting of site approval, the department must conduct a final
98 physical inspection of the vertiport to ensure compliance with
99 all requirements for airport licensure or registration.
100 (5)(4) EXCEPTIONS.—Private airports with 10 or more based
101 aircraft may request to be inspected and licensed by the
102 department. Private airports licensed according to this
103 subsection shall be considered private airports as defined in s.
104 330.27 s. 330.27(5) in all other respects.
105 Section 3. Section 332.15, Florida Statutes, is created to
106 read:
107 332.15 Advanced air mobility.—The Department of
108 Transportation shall, within the resources provided pursuant to
109 chapter 216:
110 (1) Address the need for vertiports, advanced air mobility,
111 and other advances in aviation technology in the statewide
112 aviation system plan as required under s. 332.006(1) and, as
113 appropriate, in the department’s work program.
114 (2) Designate a subject matter expert on advanced air
115 mobility within the department to serve as a resource for local
116 jurisdictions navigating advances in aviation technology.
117 (3) Lead a statewide education campaign for local officials
118 to provide education on the benefits of advanced air mobility
119 and advances in aviation technology and to support the efforts
120 to make this state a leader in aviation technology.
121 (4) Provide local jurisdictions with a guidebook and
122 technical resources to support uniform planning and zoning
123 language across this state related to advanced air mobility and
124 other advances in aviation technology.
125 (5) Ensure that a political subdivision of the state does
126 not exercise its zoning and land use authority to grant or
127 permit an exclusive right to one or more vertiport owners or
128 operators and authorize a political subdivision to use its
129 authority to promote reasonable access to advanced air mobility
130 operators at public use vertiports within the jurisdiction of
131 the subdivision.
132 (6) Conduct a review of airport hazard zone regulations
133 and, as needed, make recommendations to the Legislature
134 proposing any changes to regulations as a result of the review.
135 Section 4. Subsection (2) of section 333.03, Florida
136 Statutes, is amended to read:
137 333.03 Requirement to adopt airport zoning regulations.—
138 (2) In the manner provided in subsection (1), political
139 subdivisions shall adopt, administer, and enforce airport land
140 use compatibility zoning regulations. At a minimum, airport land
141 use compatibility zoning regulations must address shall, at a
142 minimum, consider the following:
143 (a) The prohibition of new landfills and the restriction of
144 existing landfills within the following areas:
145 1. Within 10,000 feet from the nearest point of any runway
146 used or planned to be used by turbine aircraft.
147 2. Within 5,000 feet from the nearest point of any runway
148 used by only nonturbine aircraft.
149 3. Outside the perimeters defined in subparagraphs 1. and
150 2., but still within the lateral limits of the civil airport
151 imaginary surfaces defined in 14 C.F.R. s. 77.19. Case-by-case
152 review of such landfills is advised.
153 (b) When Where any landfill is located and constructed in a
154 manner that attracts or sustains hazardous bird movements from
155 feeding, water, or roosting areas into, or across, the runways
156 or approach and departure patterns of aircraft. The landfill
157 operator must incorporate bird management techniques or other
158 practices to minimize bird hazards to airborne aircraft.
159 (c) When Where an airport authority or other governing body
160 operating a public-use airport has conducted a noise study in
161 accordance with 14 C.F.R. part 150, or when where a public-use
162 airport owner has established noise contours pursuant to another
163 public study accepted by the Federal Aviation Administration,
164 the prohibition of incompatible uses, as established in the
165 noise study in 14 C.F.R. part 150, Appendix A or as a part of an
166 alternative Federal Aviation Administration-accepted public
167 study, within the noise contours established by any of these
168 studies, except if such uses are specifically contemplated by
169 such study with appropriate mitigation or similar techniques
170 described in the study.
171 (d) When Where an airport authority or other governing body
172 operating a public-use airport has not conducted a noise study,
173 the prohibition mitigation of potential incompatible uses
174 associated with residential construction and any educational
175 facilities facility, with the exception of aviation school
176 facilities or residential property near a public-use airport
177 that has as its sole runway a turf runway measuring less than
178 2,800 feet in length, within an area contiguous to the airport
179 measuring one-half the length of the longest runway on either
180 side of and at the end of each runway centerline.
181 (e) The restriction of new incompatible uses, activities,
182 or substantial modifications to existing incompatible uses
183 within runway protection zones.
184 Section 5. For the purpose of incorporating the amendment
185 made by this act to section 330.27, Florida Statutes, in a
186 reference thereto, subsection (13) of section 365.172, Florida
187 Statutes, is reenacted to read:
188 365.172 Emergency communications.—
189 (13) FACILITATING EMERGENCY COMMUNICATIONS SERVICE
190 IMPLEMENTATION.—To balance the public need for reliable
191 emergency communications services through reliable wireless
192 systems and the public interest served by governmental zoning
193 and land development regulations and notwithstanding any other
194 law or local ordinance to the contrary, the following standards
195 shall apply to a local government’s actions, as a regulatory
196 body, in the regulation of the placement, construction, or
197 modification of a wireless communications facility. This
198 subsection may not, however, be construed to waive or alter the
199 provisions of s. 286.011 or s. 286.0115. For the purposes of
200 this subsection only, “local government” shall mean any
201 municipality or county and any agency of a municipality or
202 county only. The term “local government” does not, however,
203 include any airport, as defined by s. 330.27(2), even if it is
204 owned or controlled by or through a municipality, county, or
205 agency of a municipality or county. Further, notwithstanding
206 anything in this section to the contrary, this subsection does
207 not apply to or control a local government’s actions as a
208 property or structure owner in the use of any property or
209 structure owned by such entity for the placement, construction,
210 or modification of wireless communications facilities. In the
211 use of property or structures owned by the local government,
212 however, a local government may not use its regulatory authority
213 so as to avoid compliance with, or in a manner that does not
214 advance, the provisions of this subsection.
215 (a) Colocation among wireless providers is encouraged by
216 the state.
217 1.a. Colocations on towers, including nonconforming towers,
218 that meet the requirements in sub-sub-subparagraphs (I), (II),
219 and (III), are subject to only building permit review, which may
220 include a review for compliance with this subparagraph. Such
221 colocations are not subject to any design or placement
222 requirements of the local government’s land development
223 regulations in effect at the time of the colocation that are
224 more restrictive than those in effect at the time of the initial
225 antennae placement approval, to any other portion of the land
226 development regulations, or to public hearing review. This sub
227 subparagraph may not preclude a public hearing for any appeal of
228 the decision on the colocation application.
229 (I) The colocation does not increase the height of the
230 tower to which the antennae are to be attached, measured to the
231 highest point of any part of the tower or any existing antenna
232 attached to the tower;
233 (II) The colocation does not increase the ground space
234 area, commonly known as the compound, approved in the site plan
235 for equipment enclosures and ancillary facilities; and
236 (III) The colocation consists of antennae, equipment
237 enclosures, and ancillary facilities that are of a design and
238 configuration consistent with all applicable regulations,
239 restrictions, or conditions, if any, applied to the initial
240 antennae placed on the tower and to its accompanying equipment
241 enclosures and ancillary facilities and, if applicable, applied
242 to the tower supporting the antennae. Such regulations may
243 include the design and aesthetic requirements, but not
244 procedural requirements, other than those authorized by this
245 section, of the local government’s land development regulations
246 in effect at the time the initial antennae placement was
247 approved.
248 b. Except for a historic building, structure, site, object,
249 or district, or a tower included in sub-subparagraph a.,
250 colocations on all other existing structures that meet the
251 requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
252 to no more than building permit review, and an administrative
253 review for compliance with this subparagraph. Such colocations
254 are not subject to any portion of the local government’s land
255 development regulations not addressed herein, or to public
256 hearing review. This sub-subparagraph may not preclude a public
257 hearing for any appeal of the decision on the colocation
258 application.
259 (I) The colocation does not increase the height of the
260 existing structure to which the antennae are to be attached,
261 measured to the highest point of any part of the structure or
262 any existing antenna attached to the structure;
263 (II) The colocation does not increase the ground space
264 area, otherwise known as the compound, if any, approved in the
265 site plan for equipment enclosures and ancillary facilities;
266 (III) The colocation consists of antennae, equipment
267 enclosures, and ancillary facilities that are of a design and
268 configuration consistent with any applicable structural or
269 aesthetic design requirements and any requirements for location
270 on the structure, but not prohibitions or restrictions on the
271 placement of additional colocations on the existing structure or
272 procedural requirements, other than those authorized by this
273 section, of the local government’s land development regulations
274 in effect at the time of the colocation application; and
275 (IV) The colocation consists of antennae, equipment
276 enclosures, and ancillary facilities that are of a design and
277 configuration consistent with all applicable restrictions or
278 conditions, if any, that do not conflict with sub-sub
279 subparagraph (III) and were applied to the initial antennae
280 placed on the structure and to its accompanying equipment
281 enclosures and ancillary facilities and, if applicable, applied
282 to the structure supporting the antennae.
283 c. Regulations, restrictions, conditions, or permits of the
284 local government, acting in its regulatory capacity, that limit
285 the number of colocations or require review processes
286 inconsistent with this subsection do not apply to colocations
287 addressed in this subparagraph.
288 d. If only a portion of the colocation does not meet the
289 requirements of this subparagraph, such as an increase in the
290 height of the proposed antennae over the existing structure
291 height or a proposal to expand the ground space approved in the
292 site plan for the equipment enclosure, where all other portions
293 of the colocation meet the requirements of this subparagraph,
294 that portion of the colocation only may be reviewed under the
295 local government’s regulations applicable to an initial
296 placement of that portion of the facility, including, but not
297 limited to, its land development regulations, and within the
298 review timeframes of subparagraph (d)2., and the rest of the
299 colocation shall be reviewed in accordance with this
300 subparagraph. A colocation proposal under this subparagraph that
301 increases the ground space area, otherwise known as the
302 compound, approved in the original site plan for equipment
303 enclosures and ancillary facilities by no more than a cumulative
304 amount of 400 square feet or 50 percent of the original compound
305 size, whichever is greater, shall, however, require no more than
306 administrative review for compliance with the local government’s
307 regulations, including, but not limited to, land development
308 regulations review, and building permit review, with no public
309 hearing review. This sub-subparagraph does not preclude a public
310 hearing for any appeal of the decision on the colocation
311 application.
312 2. If a colocation does not meet the requirements of
313 subparagraph 1., the local government may review the application
314 under the local government’s regulations, including, but not
315 limited to, land development regulations, applicable to the
316 placement of initial antennae and their accompanying equipment
317 enclosure and ancillary facilities.
318 3. If a colocation meets the requirements of subparagraph
319 1., the colocation may not be considered a modification to an
320 existing structure or an impermissible modification of a
321 nonconforming structure.
322 4. The owner of the existing tower on which the proposed
323 antennae are to be colocated shall remain responsible for
324 compliance with any applicable condition or requirement of a
325 permit or agreement, or any applicable condition or requirement
326 of the land development regulations to which the existing tower
327 had to comply at the time the tower was permitted, including any
328 aesthetic requirements, provided the condition or requirement is
329 not inconsistent with this paragraph.
330 5. An existing tower, including a nonconforming tower, may
331 be structurally modified in order to permit colocation or may be
332 replaced through no more than administrative review and building
333 permit review, and is not subject to public hearing review, if
334 the overall height of the tower is not increased and, if a
335 replacement, the replacement tower is a monopole tower or, if
336 the existing tower is a camouflaged tower, the replacement tower
337 is a like-camouflaged tower. This subparagraph may not preclude
338 a public hearing for any appeal of the decision on the
339 application.
340 (b)1. A local government’s land development and
341 construction regulations for wireless communications facilities
342 and the local government’s review of an application for the
343 placement, construction, or modification of a wireless
344 communications facility shall only address land development or
345 zoning issues. In such local government regulations or review,
346 the local government may not require information on or evaluate
347 a wireless provider’s business decisions about its service,
348 customer demand for its service, or quality of its service to or
349 from a particular area or site, unless the wireless provider
350 voluntarily offers this information to the local government. In
351 such local government regulations or review, a local government
352 may not require information on or evaluate the wireless
353 provider’s designed service unless the information or materials
354 are directly related to an identified land development or zoning
355 issue or unless the wireless provider voluntarily offers the
356 information. Information or materials directly related to an
357 identified land development or zoning issue may include, but are
358 not limited to, evidence that no existing structure can
359 reasonably be used for the antennae placement instead of the
360 construction of a new tower, that residential areas cannot be
361 served from outside the residential area, as addressed in
362 subparagraph 3., or that the proposed height of a new tower or
363 initial antennae placement or a proposed height increase of a
364 modified tower, replacement tower, or colocation is necessary to
365 provide the provider’s designed service. Nothing in this
366 paragraph shall limit the local government from reviewing any
367 applicable land development or zoning issue addressed in its
368 adopted regulations that does not conflict with this section,
369 including, but not limited to, aesthetics, landscaping, land
370 use-based location priorities, structural design, and setbacks.
371 2. Any setback or distance separation required of a tower
372 may not exceed the minimum distance necessary, as determined by
373 the local government, to satisfy the structural safety or
374 aesthetic concerns that are to be protected by the setback or
375 distance separation.
376 3. A local government may exclude the placement of wireless
377 communications facilities in a residential area or residential
378 zoning district but only in a manner that does not constitute an
379 actual or effective prohibition of the provider’s service in
380 that residential area or zoning district. If a wireless provider
381 demonstrates to the satisfaction of the local government that
382 the provider cannot reasonably provide its service to the
383 residential area or zone from outside the residential area or
384 zone, the municipality or county and provider shall cooperate to
385 determine an appropriate location for a wireless communications
386 facility of an appropriate design within the residential area or
387 zone. The local government may require that the wireless
388 provider reimburse the reasonable costs incurred by the local
389 government for this cooperative determination. An application
390 for such cooperative determination may not be considered an
391 application under paragraph (d).
392 4. A local government may impose a reasonable fee on
393 applications to place, construct, or modify a wireless
394 communications facility only if a similar fee is imposed on
395 applicants seeking other similar types of zoning, land use, or
396 building permit review. A local government may impose fees for
397 the review of applications for wireless communications
398 facilities by consultants or experts who conduct code compliance
399 review for the local government but any fee is limited to
400 specifically identified reasonable expenses incurred in the
401 review. A local government may impose reasonable surety
402 requirements to ensure the removal of wireless communications
403 facilities that are no longer being used.
404 5. A local government may impose design requirements, such
405 as requirements for designing towers to support colocation or
406 aesthetic requirements, except as otherwise limited in this
407 section, but may not impose or require information on compliance
408 with building code type standards for the construction or
409 modification of wireless communications facilities beyond those
410 adopted by the local government under chapter 553 and that apply
411 to all similar types of construction.
412 (c) Local governments may not require wireless providers to
413 provide evidence of a wireless communications facility’s
414 compliance with federal regulations, except evidence of
415 compliance with applicable Federal Aviation Administration
416 requirements under 14 C.F.R. part 77, as amended, and evidence
417 of proper Federal Communications Commission licensure, or other
418 evidence of Federal Communications Commission authorized
419 spectrum use, but may request the Federal Communications
420 Commission to provide information as to a wireless provider’s
421 compliance with federal regulations, as authorized by federal
422 law.
423 (d)1. A local government shall grant or deny each properly
424 completed application for a colocation under subparagraph (a)1.
425 based on the application’s compliance with the local
426 government’s applicable regulations, as provided for in
427 subparagraph (a)1. and consistent with this subsection, and
428 within the normal timeframe for a similar building permit review
429 but in no case later than 45 business days after the date the
430 application is determined to be properly completed in accordance
431 with this paragraph.
432 2. A local government shall grant or deny each properly
433 completed application for any other wireless communications
434 facility based on the application’s compliance with the local
435 government’s applicable regulations, including but not limited
436 to land development regulations, consistent with this subsection
437 and within the normal timeframe for a similar type review but in
438 no case later than 90 business days after the date the
439 application is determined to be properly completed in accordance
440 with this paragraph.
441 3.a. An application is deemed submitted or resubmitted on
442 the date the application is received by the local government. If
443 the local government does not notify the applicant in writing
444 that the application is not completed in compliance with the
445 local government’s regulations within 20 business days after the
446 date the application is initially submitted or additional
447 information resubmitted, the application is deemed, for
448 administrative purposes only, to be properly completed and
449 properly submitted. However, the determination may not be deemed
450 as an approval of the application. If the application is not
451 completed in compliance with the local government’s regulations,
452 the local government shall so notify the applicant in writing
453 and the notification must indicate with specificity any
454 deficiencies in the required documents or deficiencies in the
455 content of the required documents which, if cured, make the
456 application properly completed. Upon resubmission of information
457 to cure the stated deficiencies, the local government shall
458 notify the applicant, in writing, within the normal timeframes
459 of review, but in no case longer than 20 business days after the
460 additional information is submitted, of any remaining
461 deficiencies that must be cured. Deficiencies in document type
462 or content not specified by the local government do not make the
463 application incomplete. Notwithstanding this sub-subparagraph,
464 if a specified deficiency is not properly cured when the
465 applicant resubmits its application to comply with the notice of
466 deficiencies, the local government may continue to request the
467 information until such time as the specified deficiency is
468 cured. The local government may establish reasonable timeframes
469 within which the required information to cure the application
470 deficiency is to be provided or the application will be
471 considered withdrawn or closed.
472 b. If the local government fails to grant or deny a
473 properly completed application for a wireless communications
474 facility within the timeframes set forth in this paragraph, the
475 application shall be deemed automatically approved and the
476 applicant may proceed with placement of the facilities without
477 interference or penalty. The timeframes specified in
478 subparagraph 2. may be extended only to the extent that the
479 application has not been granted or denied because the local
480 government’s procedures generally applicable to all other
481 similar types of applications require action by the governing
482 body and such action has not taken place within the timeframes
483 specified in subparagraph 2. Under such circumstances, the local
484 government must act to either grant or deny the application at
485 its next regularly scheduled meeting or, otherwise, the
486 application is deemed to be automatically approved.
487 c. To be effective, a waiver of the timeframes set forth in
488 this paragraph must be voluntarily agreed to by the applicant
489 and the local government. A local government may request, but
490 not require, a waiver of the timeframes by the applicant, except
491 that, with respect to a specific application, a one-time waiver
492 may be required in the case of a declared local, state, or
493 federal emergency that directly affects the administration of
494 all permitting activities of the local government.
495 (e) The replacement of or modification to a wireless
496 communications facility, except a tower, that results in a
497 wireless communications facility not readily discernibly
498 different in size, type, and appearance when viewed from ground
499 level from surrounding properties, and the replacement or
500 modification of equipment that is not visible from surrounding
501 properties, all as reasonably determined by the local
502 government, are subject to no more than applicable building
503 permit review.
504 (f) Any other law to the contrary notwithstanding, the
505 Department of Management Services shall negotiate, in the name
506 of the state, leases for wireless communications facilities that
507 provide access to state government-owned property not acquired
508 for transportation purposes, and the Department of
509 Transportation shall negotiate, in the name of the state, leases
510 for wireless communications facilities that provide access to
511 property acquired for state rights-of-way. On property acquired
512 for transportation purposes, leases shall be granted in
513 accordance with s. 337.251. On other state government-owned
514 property, leases shall be granted on a space available, first
515 come, first-served basis. Payments required by state government
516 under a lease must be reasonable and must reflect the market
517 rate for the use of the state government-owned property. The
518 Department of Management Services and the Department of
519 Transportation are authorized to adopt rules for the terms and
520 conditions and granting of any such leases.
521 (g) If any person adversely affected by any action, or
522 failure to act, or regulation, or requirement of a local
523 government in the review or regulation of the wireless
524 communication facilities files an appeal or brings an
525 appropriate action in a court or venue of competent
526 jurisdiction, following the exhaustion of all administrative
527 remedies, the matter shall be considered on an expedited basis.
528 Section 6. For the purpose of incorporating the amendment
529 made by this act to section 330.27, Florida Statutes, in a
530 reference thereto, subsection (2) of section 379.2293, Florida
531 Statutes, is reenacted to read:
532 379.2293 Airport activities within the scope of a federally
533 approved wildlife hazard management plan or a federal or state
534 permit or other authorization for depredation or harassment.—
535 (2) An airport authority or other entity owning or
536 operating an airport, as defined in s. 330.27(2), is not subject
537 to any administrative or civil penalty, restriction, or other
538 sanction with respect to any authorized action taken in a non
539 negligent manner for the purpose of protecting human life or
540 aircraft safety from wildlife hazards.
541 Section 7. For the purpose of incorporating the amendment
542 made by this act to section 330.27, Florida Statutes, in a
543 reference thereto, subsection (22) of section 493.6101, Florida
544 Statutes, is reenacted to read:
545 493.6101 Definitions.—
546 (22) “Repossession” means the recovery of a motor vehicle
547 as defined under s. 320.01(1), a mobile home as defined in s.
548 320.01(2), a motorboat as defined under s. 327.02, an aircraft
549 as defined in s. 330.27(1), a personal watercraft as defined in
550 s. 327.02, an all-terrain vehicle as defined in s. 316.2074,
551 farm equipment as defined under s. 686.402, or industrial
552 equipment, by an individual who is authorized by the legal
553 owner, lienholder, or lessor to recover, or to collect money
554 payment in lieu of recovery of, that which has been sold or
555 leased under a security agreement that contains a repossession
556 clause. As used in this subsection, the term “industrial
557 equipment” includes, but is not limited to, tractors, road
558 rollers, cranes, forklifts, backhoes, and bulldozers. The term
559 “industrial equipment” also includes other vehicles that are
560 propelled by power other than muscular power and that are used
561 in the manufacture of goods or used in the provision of
562 services. A repossession is complete when a licensed recovery
563 agent is in control, custody, and possession of such repossessed
564 property. Property that is being repossessed shall be considered
565 to be in the control, custody, and possession of a recovery
566 agent if the property being repossessed is secured in
567 preparation for transport from the site of the recovery by means
568 of being attached to or placed on the towing or other transport
569 vehicle or if the property being repossessed is being operated
570 or about to be operated by an employee of the recovery agency.
571 Section 8. For the purpose of incorporating the amendment
572 made by this act to section 330.27, Florida Statutes, in a
573 reference thereto, paragraph (c) of subsection (1) of section
574 493.6403, Florida Statutes, is reenacted to read:
575 493.6403 License requirements.—
576 (1) In addition to the license requirements set forth in
577 this chapter, each individual or agency shall comply with the
578 following additional requirements:
579 (c) An applicant for a Class “E” license shall have at
580 least 1 year of lawfully gained, verifiable, full-time
581 experience in one, or a combination of more than one, of the
582 following:
583 1. Repossession of motor vehicles as defined in s.
584 320.01(1), mobile homes as defined in s. 320.01(2), motorboats
585 as defined in s. 327.02, aircraft as defined in s. 330.27(1),
586 personal watercraft as defined in s. 327.02, all-terrain
587 vehicles as defined in s. 316.2074, farm equipment as defined
588 under s. 686.402, or industrial equipment as defined in s.
589 493.6101(22).
590 2. Work as a Class “EE” licensed intern.
591 Section 9. This act shall take effect July 1, 2024.
592
593 ================= T I T L E A M E N D M E N T ================
594 And the title is amended as follows:
595 Delete everything before the enacting clause
596 and insert:
597 A bill to be entitled
598 An act relating to aviation; amending s. 330.27, F.S.;
599 revising definitions; amending s. 330.30, F.S.;
600 beginning on a specified date, requiring the owner or
601 lessee of a proposed vertiport to comply with a
602 specified provision in obtaining certain approval and
603 license or registration; requiring the Department of
604 Transportation to conduct a final physical inspection
605 of the vertiport to ensure compliance with specified
606 requirements; conforming a cross-reference; creating
607 s. 332.15, F.S.; providing duties of the department,
608 within specified resources, with respect to
609 vertiports, advanced air mobility, and other advances
610 in aviation technology; amending s. 333.03, F.S.;
611 revising requirements for the adoption of airport land
612 use compatibility zoning regulations; reenacting ss.
613 365.172(13), 379.2293(2), 493.6101(22), and
614 493.6403(1)(c), F.S., relating to emergency
615 communications, airport activities within the scope of
616 a federally approved wildlife hazard management plan
617 or a federal or state permit or other authorization
618 for depredation or harassment, definitions, and
619 license requirements, respectively, to incorporate the
620 amendment made to s. 330.27, F.S., in references
621 thereto; providing an effective date.