Florida Senate - 2016                             CS for SB 1508
       By the Committee on Community Affairs; and Senator Simpson
       578-03640-16                                          20161508c1
    1                        A bill to be entitled                      
    2         An act relating to airport zoning; amending s. 333.01,
    3         F.S.; defining and redefining terms; amending s.
    4         333.025, F.S.; revising the requirements relating to
    5         permits required for obstructions; requiring certain
    6         existing, planned, and proposed facilities to be
    7         protected from airport hazards; requiring the local
    8         government to provide a copy of a complete permit
    9         application to the Department of Transportation’s
   10         aviation office, subject to certain requirements;
   11         requiring the department to have a specified review
   12         period following receipt of such application;
   13         providing exemptions from such review under certain
   14         circumstances; revising the circumstances under which
   15         the department issues or denies a permit; revising the
   16         department’s requirements before a permit is issued;
   17         revising the circumstances under which the department
   18         is prohibited from approving a permit; providing that
   19         the denial of a permit is subject to administrative
   20         review; amending s. 333.03, F.S.; conforming
   21         provisions to changes made by the act; revising the
   22         circumstances under which a political subdivision
   23         owning or controlling an airport and another political
   24         subdivision adopt, administer, and enforce airport
   25         protection zoning regulations or create a joint
   26         airport protection zoning board; revising the
   27         provisions relating to airport protection zoning
   28         regulations and joint airport protection zoning
   29         boards; requiring the department to be available to
   30         provide assistance to political subdivisions regarding
   31         federal obstruction standards; deleting provisions
   32         relating to certain duties of the department; revising
   33         provisions relating to airport land use compatibility
   34         zoning regulations; revising construction; providing
   35         applicability; amending s. 333.04, F.S.; authorizing
   36         certain airport zoning regulations to be incorporated
   37         in and made a part of comprehensive plans and
   38         policies, rather than a part of comprehensive zoning
   39         regulations, under certain circumstances; revising
   40         requirements relating to applicability; amending s.
   41         333.05, F.S.; revising procedures for adoption of
   42         airport zoning regulations; amending s. 333.06, F.S.;
   43         revising airport zoning regulation requirements;
   44         repealing s. 333.065, F.S., relating to guidelines
   45         regarding land use near airports; amending s. 333.07,
   46         F.S.; revising requirements relating to local
   47         government permitting of airspace obstructions;
   48         requiring a person proposing to construct, alter, or
   49         allow an airport obstruction to apply for a permit
   50         under certain circumstances; revising the
   51         circumstances under which a permit is prohibited from
   52         being issued; revising the circumstances under which
   53         the owner of a nonconforming structure is required to
   54         alter such structure to conform to the current airport
   55         protection zoning regulations; deleting provisions
   56         relating to variances from zoning regulations;
   57         requiring a political subdivision or its
   58         administrative agency to consider specified criteria
   59         in determining whether to issue or deny a permit;
   60         revising the requirements for marking and lighting in
   61         conformance with certain standards; repealing s.
   62         333.08, F.S., relating to appeals of decisions
   63         concerning airport zoning regulations; amending s.
   64         333.09, F.S.; revising the requirements relating to
   65         the administration of airport protection zoning
   66         regulations; requiring all airport protection zoning
   67         regulations to provide for the administration and
   68         enforcement of such regulations by the political
   69         subdivision or its administrative agency; requiring a
   70         political subdivision adopting airport zoning
   71         regulations to provide a permitting process, subject
   72         to certain requirements; requiring a zoning board or
   73         permitting body to implement the airport zoning
   74         regulation permitting and appeals process if such
   75         board or body already exists within a political
   76         subdivision; authorizing a person, a political
   77         subdivision or its administrative agency, or a
   78         specified joint zoning board to use the process
   79         established for an appeal, subject to certain
   80         requirements; repealing s. 333.10, F.S., relating to
   81         boards of adjustment provided for by airport zoning
   82         regulations; amending s. 333.11, F.S.; revising the
   83         requirements relating to judicial review; amending s.
   84         333.12, F.S.; revising requirements relating to the
   85         acquisition of air rights; amending s. 333.13, F.S.;
   86         conforming provisions to changes made by the act;
   87         creating s. 333.135, F.S.; requiring conflicting
   88         airport zoning regulations in effect on a specified
   89         date to be amended to conform to certain requirements;
   90         requiring certain political subdivisions to adopt
   91         certain airport zoning regulations by a specified
   92         date; requiring the department to administer a
   93         specified permitting process for certain political
   94         subdivisions; repealing s. 333.14, F.S., relating to a
   95         short title; providing an effective date.
   97  Be It Enacted by the Legislature of the State of Florida:
   99         Section 1. Section 333.01, Florida Statutes, is amended to
  100  read:
  101         333.01 Definitions.—As used in For the purpose of this
  102  chapter, the term following words, terms, and phrases shall have
  103  the meanings herein given, unless otherwise specifically
  104  defined, or unless another intention clearly appears, or the
  105  context otherwise requires:
  106         (1) “Aeronautical study” means a Federal Aviation
  107  Administration study, conducted in accordance with the standards
  108  of 14 C.F.R. part 77, subpart C, and Federal Aviation
  109  Administration policy and guidance, on the effect of proposed
  110  construction or alteration upon the operation of air navigation
  111  facilities and the safe and efficient use of navigable airspace.
  112         (1) “Aeronautics” means transportation by aircraft; the
  113  operation, construction, repair, or maintenance of aircraft,
  114  aircraft power plants and accessories, including the repair,
  115  packing, and maintenance of parachutes; the design,
  116  establishment, construction, extension, operation, improvement,
  117  repair, or maintenance of airports, restricted landing areas, or
  118  other air navigation facilities, and air instruction.
  119         (2) “Airport” means any area of land or water designed and
  120  set aside for the landing and taking off of aircraft and used
  121  utilized or to be used utilized in the interest of the public
  122  for such purpose.
  123         (3) “Airport hazard” means an obstruction to air navigation
  124  which affects the safe and efficient use of navigable airspace
  125  or the operation of planned or existing air navigation and
  126  communication facilities any structure or tree or use of land
  127  which would exceed the federal obstruction standards as
  128  contained in 14 C.F.R. ss. 77.21, 77.23,77.25, 77.28, and 77.29
  129  and which obstructs the airspace required for the flight of
  130  aircraft in taking off, maneuvering, or landing or is otherwise
  131  hazardous to such taking off, maneuvering, or landing of
  132  aircraft and for which no person has previously obtained a
  133  permit or variance pursuant to s. 333.025 or s. 333.07.
  134         (4) “Airport hazard area” means any area of land or water
  135  upon which an airport hazard might be established if not
  136  prevented as provided in this chapter.
  137         (5) “Airport land use compatibility zoning” means airport
  138  zoning regulations governing restricting the use of land on,
  139  adjacent to, or in the immediate vicinity of airports in the
  140  manner enumerated in s. 333.03(2) to activities and purposes
  141  compatible with the continuation of normal airport operations
  142  including landing and takeoff of aircraft in order to promote
  143  public health, safety, and general welfare.
  144         (6) “Airport layout plan” means a set of scaled drawings
  145  that provide a graphic representation of the existing and future
  146  development plan for the airport and demonstrate the
  147  preservation and continuity of safety, utility, and efficiency
  148  of the airport detailed, scale engineering drawing, including
  149  pertinent dimensions, of an airport’s current and planned
  150  facilities, their locations, and runway usage.
  151         (7) “Airport master plan” means a comprehensive plan of an
  152  airport which typically describes current and future plans for
  153  airport development designed to support existing and future
  154  aviation demand.
  155         (8) “Airport protection zoning regulations” means airport
  156  zoning regulations governing airport hazards.
  157         (9) “Department” means the Department of Transportation as
  158  created under s. 20.23.
  159         (10) “Educational facility” means any structure, land, or
  160  use that includes a public or private kindergarten through 12th
  161  grade school, charter school, magnet school, college campus, or
  162  university campus. The term does not include space used for
  163  educational purposes within a multi-tenant building.
  164         (11) “Landfill” has the same meaning as provided in s.
  165  403.703.
  166         (12)(7) “Obstruction” means any existing or proposed
  167  manmade object or object, of natural growth or terrain, or
  168  structure construction or alteration that exceeds violates the
  169  federal obstruction standards contained in 14 C.F.R. part 77,
  170  subpart C ss. 77.21, 77.23, 77.25, 77.28, and 77.29. The term
  171  includes:
  172         (a) Any object of natural growth or terrain;
  173         (b) Permanent or temporary construction or alteration,
  174  including equipment or materials used and any permanent or
  175  temporary apparatus; or
  176         (c) Alteration of any permanent or temporary existing
  177  structure by a change in the structure’s height, including
  178  appurtenances, lateral dimensions, and equipment or materials
  179  used in the structure.
  180         (13)(8) “Person” means any individual, firm, copartnership,
  181  corporation, company, association, joint-stock association, or
  182  body politic, and includes any trustee, receiver, assignee, or
  183  other similar representative thereof.
  184         (14)(9) “Political subdivision” means the local government
  185  of any county, municipality city, town, village, or other
  186  subdivision or agency thereof, or any district or special
  187  district, port commission, port authority, or other such agency
  188  authorized to establish or operate airports in the state.
  189         (15) “Public-use airport” means an airport, publicly or
  190  privately owned, licensed by the state, which is open for use by
  191  the public.
  192         (16)(10) “Runway protection clear zone” means an area at
  193  ground level beyond the runway end to enhance the safety and
  194  protection of people and property on the ground a runway clear
  195  zone as defined in 14 C.F.R. s. 151.9(b).
  196         (17)(11) “Structure” means any object, constructed,
  197  erected, altered, or installed by humans, including, but not
  198  limited to without limitation thereof, buildings, towers,
  199  smokestacks, utility poles, power generation equipment, and
  200  overhead transmission lines.
  201         (18) “Substantial modification” means any repair,
  202  reconstruction, rehabilitation, or improvement of a structure
  203  when the actual cost of the repair, reconstruction,
  204  rehabilitation, or improvement of the structure equals or
  205  exceeds 50 percent of the market value of the structure.
  206         (12) “Tree” includes any plant of the vegetable kingdom.
  207         Section 2. Section 333.025, Florida Statutes, is amended to
  208  read:
  209         333.025 Permit required for obstructions structures
  210  exceeding federal obstruction standards.—
  211         (1) A person proposing the construction or alteration In
  212  order to prevent the erection of an obstruction must obtain a
  213  permit from the department structures dangerous to air
  214  navigation, subject to the provisions of subsections (2), (3),
  215  and (4), each person shall secure from the Department of
  216  Transportation a permit for the erection, alteration, or
  217  modification of any structure the result of which would exceed
  218  the federal obstruction standards as contained in 14 C.F.R. ss.
  219  77.21, 77.23, 77.25, 77.28, and 77.29. However, permits from the
  220  department of Transportation will be required only within an
  221  airport hazard area where federal obstruction standards are
  222  exceeded and if the proposed construction or alteration is
  223  within a 10-nautical-mile radius of the airport reference point,
  224  located at the approximate geometric geographical center of all
  225  usable runways of a public-use airport or a publicly owned or
  226  operated airport, a military airport, or an airport licensed by
  227  the state for public use.
  228         (2) Existing, planned, and proposed Affected airports will
  229  be considered as having those facilities on public-use airports
  230  contained in an which are shown on the airport master plan, in
  231  or an airport layout plan submitted to the Federal Aviation
  232  Administration, Airport District Office or in comparable
  233  military documents shall, and will be so protected from airport
  234  hazards. Planned or proposed public-use airports which are the
  235  subject of a notice or proposal submitted to the Federal
  236  Aviation Administration or to the Department of Transportation
  237  shall also be protected.
  238         (3) A permit is not required for existing structures that
  239  requirements of subsection (1) shall not apply to projects which
  240  received construction permits from the Federal Communications
  241  Commission for structures exceeding federal obstruction
  242  standards before prior to May 20, 1975, provided such structures
  243  now exist; a permit is not required for nor shall it apply to
  244  previously approved structures now existing, or any necessary
  245  replacement or repairs to such existing structures if, so long
  246  as the height and location are is unchanged.
  247         (4) If When political subdivisions have, in compliance with
  248  this chapter, adopted adequate airport airspace protection
  249  zoning regulations, placed in compliance with s. 333.03, and
  250  such regulations are on file with the department’s aviation
  251  office, and established a permitting process Department of
  252  Transportation, a permit for the construction or alteration of
  253  an obstruction is such structure shall not be required from the
  254  department of Transportation. Upon receipt of a complete permit
  255  application, the local government shall provide a copy of the
  256  application to the department’s aviation office by certified
  257  mail, return receipt requested, or by a delivery service that
  258  provides a receipt evidencing delivery. To evaluate technical
  259  consistency with this subsection, the department shall have a
  260  15-day review period following receipt of the application, which
  261  must run concurrently with the local government permitting
  262  process. Cranes, construction equipment, and other temporary
  263  structures in use or in place for a period not to exceed 18
  264  consecutive months are exempt from the department’s review,
  265  unless such review is requested by the department.
  266         (5) The department of Transportation shall, within 30 days
  267  after of the receipt of an application for a permit, issue or
  268  deny a permit for the construction or erection, alteration, or
  269  modification of an obstruction any structure the result of which
  270  would exceed federal obstruction standards as contained in 14
  271  C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29. The department
  272  shall review permit applications in conformity with s. 120.60.
  273         (6) In determining whether to issue or deny a permit, the
  274  department shall consider:
  275         (a) The safety of persons on the ground and in the air.
  276         (b) The safe and efficient use of navigable airspace.
  277         (c)(a) The nature of the terrain and height of existing
  278  structures.
  279         (b) Public and private interests and investments.
  280         (d) The effect of the construction or alteration of an
  281  obstruction on the state licensing standards for a public-use
  282  airport contained in chapter 330 and rules adopted thereunder.
  283         (e)(c) The character of existing and planned flight flying
  284  operations and planned developments at public-use of airports.
  285         (f)(d) Federal airways, visual flight rules, flyways and
  286  corridors, and instrument approaches as designated by the
  287  Federal Aviation Administration.
  288         (g)(e)The effect of Whether the construction or alteration
  289  of an obstruction on the proposed structure would cause an
  290  increase in the minimum descent altitude or the decision height
  291  at the affected airport.
  292         (f) Technological advances.
  293         (g) The safety of persons on the ground and in the air.
  294         (h) Land use density.
  295         (i) The safe and efficient use of navigable airspace.
  296         (h)(j) The cumulative effects on navigable airspace of all
  297  existing obstructions structures, proposed structures identified
  298  in the applicable jurisdictions’ comprehensive plans, and all
  299  other known proposed obstructions structures in the area.
  300         (7) When issuing a permit under this section, the
  301  department of Transportation shall, as a specific condition of
  302  such permit, require the owner obstruction marking and lighting
  303  of the obstruction to install, operate, and maintain, at the
  304  owner’s expense, marking and lighting in conformance with the
  305  specific standards established by the Federal Aviation
  306  Administration permitted structure as provided in s.
  307  333.07(3)(b).
  308         (8) The department may of Transportation shall not approve
  309  a permit for the construction or alteration erection of an
  310  obstruction a structure unless the applicant submits both
  311  documentation showing both compliance with the federal
  312  requirement for notification of proposed construction or
  313  alteration and a valid aeronautical study. A evaluation, and no
  314  permit may not shall be approved solely on the basis that the
  315  Federal Aviation Administration determined that the such
  316  proposed construction or alteration of an obstruction was not an
  317  airport hazard structure will not exceed federal obstruction
  318  standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
  319  77.28, or 77.29, or any other federal aviation regulation.
  320         (9) The denial of a permit under this section is subject to
  321  administrative review pursuant to chapter 120.
  322         Section 3. Section 333.03, Florida Statutes, is amended to
  323  read:
  324         333.03 Requirement Power to adopt airport zoning
  325  regulations.—
  326         (1)(a) In order to prevent the creation or establishment of
  327  airport hazards, Every political subdivision having an airport
  328  hazard area within its territorial limits shall, by October 1,
  329  1977, adopt, administer, and enforce, under the police power and
  330  in the manner and upon the conditions hereinafter prescribed in
  331  this section, airport protection zoning regulations for such
  332  airport hazard area.
  333         (b) If Where an airport is owned or controlled by a
  334  political subdivision and if any other political subdivision has
  335  land upon which an obstruction may be constructed or altered
  336  which underlies any surface of the airport as provided in 14
  337  C.F.R. part 77, subpart C, the political subdivisions airport
  338  hazard area appertaining to such airport is located wholly or
  339  partly outside the territorial limits of said political
  340  subdivision, the political subdivision owning or controlling the
  341  airport and the political subdivision within which the airport
  342  hazard area is located, shall either:
  343         1. By interlocal agreement, in accordance with the
  344  provisions of chapter 163, adopt, administer, and enforce a set
  345  of airport protection zoning regulations applicable to the
  346  airport hazard area in question; or
  347         2. By ordinance, regulation, or resolution duly adopted,
  348  create a joint airport protection zoning board that, which board
  349  shall have the same power to adopt, administer, and enforce a
  350  set of airport protection zoning regulations applicable to the
  351  airport hazard area in question as that vested in paragraph (a)
  352  in the political subdivision within which such area is located.
  353  The Each such joint airport protection zoning board shall have
  354  as voting members two representatives appointed by each
  355  participating political subdivision participating in its
  356  creation and in addition a chair elected by a majority of the
  357  members so appointed. However, The airport manager or a
  358  representative of each airport in managers of the affected
  359  participating political subdivisions shall serve on the board in
  360  a nonvoting capacity.
  361         (c) Airport protection zoning regulations adopted under
  362  paragraph (a) must shall, at as a minimum, require:
  363         1. A permit variance for the construction or erection,
  364  alteration, or modification of any obstruction structure which
  365  would cause the structure to exceed the federal obstruction
  366  standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
  367  77.28, and 77.29;
  368         2. Obstruction marking and lighting for obstructions
  369  structures as specified in s. 333.07(3);
  370         3. Documentation showing compliance with the federal
  371  requirement for notification of proposed construction or
  372  alteration of structures and a valid aeronautical study
  373  evaluation submitted by each person applying for a permit
  374  variance;
  375         4. Consideration of the criteria in s. 333.025(6), when
  376  determining whether to issue or deny a permit variance; and
  377         5. That approval of a permit not be based no variance shall
  378  be approved solely on the determination by the Federal Aviation
  379  Administration basis that the such proposed structure is not an
  380  airport hazard will not exceed federal obstruction standards as
  381  contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, or 77.29,
  382  or any other federal aviation regulation.
  383         (d) The department shall be available to provide assistance
  384  to political subdivisions regarding federal obstruction
  385  standards shall issue copies of the federal obstruction
  386  standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
  387  77.28, and 77.29 to each political subdivision having airport
  388  hazard areas and, in cooperation with political subdivisions,
  389  shall issue appropriate airport zoning maps depicting within
  390  each county the maximum allowable height of any structure or
  391  tree. Material distributed pursuant to this subsection shall be
  392  at no cost to authorized recipients.
  393         (2) In the manner provided in subsection (1), political
  394  subdivisions shall adopt, administer, and enforce interim
  395  airport land use compatibility zoning regulations shall be
  396  adopted. Airport land use compatibility zoning When political
  397  subdivisions have adopted land development regulations shall, at
  398  a minimum, in accordance with the provisions of chapter 163
  399  which address the use of land in the manner consistent with the
  400  provisions herein, adoption of airport land use compatibility
  401  regulations pursuant to this subsection shall not be required.
  402  Interim airport land use compatibility zoning regulations shall
  403  consider the following:
  404         (a) The prohibition of new landfills and the restriction of
  405  existing landfills Whether sanitary landfills are located within
  406  the following areas:
  407         1. Within 10,000 feet from the nearest point of any runway
  408  used or planned to be used by turbine turbojet or turboprop
  409  aircraft.
  410         2. Within 5,000 feet from the nearest point of any runway
  411  used only by only nonturbine piston-type aircraft.
  412         3. Outside the perimeters defined in subparagraphs 1. and
  413  2., but still within the lateral limits of the civil airport
  414  imaginary surfaces defined in 14 C.F.R. s. 77.19 part 77.25.
  415  Case-by-case review of such landfills is advised.
  416         (b) Where Whether any landfill is located and constructed
  417  in a manner so that it attracts or sustains hazardous bird
  418  movements from feeding, water, or roosting areas into, or
  419  across, the runways or approach and departure patterns of
  420  aircraft. The landfill operator must political subdivision shall
  421  request from the airport authority or other governing body
  422  operating the airport a report on such bird feeding or roosting
  423  areas that at the time of the request are known to the airport.
  424  In preparing its report, the authority, or other governing body,
  425  shall consider whether the landfill will incorporate bird
  426  management techniques or other practices to minimize bird
  427  hazards to airborne aircraft. The airport authority or other
  428  governing body shall respond to the political subdivision no
  429  later than 30 days after receipt of such request.
  430         (c) Where an airport authority or other governing body
  431  operating a publicly owned, public-use airport has conducted a
  432  noise study in accordance with the provisions of 14 C.F.R. part
  433  150, or where a public-use airport owner has established noise
  434  contours pursuant to another public study approved by the
  435  Federal Aviation Administration, the prohibition of incompatible
  436  uses, as established in the noise study in 14 C.F.R. part 150,
  437  Appendix A or as a part of an alternative Federal Aviation
  438  Administration-approved public study, within the noise contours
  439  established by any of these studies, except if such uses are
  440  specifically contemplated by such study with appropriate
  441  mitigation or similar techniques described in the study neither
  442  residential construction nor any educational facility as defined
  443  in chapter 1013, with the exception of aviation school
  444  facilities, shall be permitted within the area contiguous to the
  445  airport defined by an outer noise contour that is considered
  446  incompatible with that type of construction by 14 C.F.R. part
  447  150, Appendix A or an equivalent noise level as established by
  448  other types of noise studies.
  449         (d) Where an airport authority or other governing body
  450  operating a publicly owned, public-use airport has not conducted
  451  a noise study, the prohibition of neither residential
  452  construction and nor any educational facility as defined in
  453  chapter 1013, with the exception of aviation school facilities,
  454  shall be permitted within an area contiguous to the airport
  455  measuring one-half the length of the longest runway on either
  456  side of and at the end of each runway centerline.
  457         (e)(3)The restriction of In the manner provided in
  458  subsection (1), airport zoning regulations shall be adopted
  459  which restrict new incompatible uses, activities, or substantial
  460  modifications to existing incompatible uses construction within
  461  runway protection clear zones, including uses, activities, or
  462  construction in runway clear zones which are incompatible with
  463  normal airport operations or endanger public health, safety, and
  464  welfare by resulting in congregations of people, emissions of
  465  light or smoke, or attraction of birds. Such regulations shall
  466  prohibit the construction of an educational facility of a public
  467  or private school at either end of a runway of a publicly owned,
  468  public-use airport within an area which extends 5 miles in a
  469  direct line along the centerline of the runway, and which has a
  470  width measuring one-half the length of the runway. Exceptions
  471  approving construction of an educational facility within the
  472  delineated area shall only be granted when the political
  473  subdivision administering the zoning regulations makes specific
  474  findings detailing how the public policy reasons for allowing
  475  the construction outweigh health and safety concerns prohibiting
  476  such a location.
  477         (4) The procedures outlined in subsections (1), (2), and
  478  (3) for the adoption of such regulations are supplemental to any
  479  existing procedures utilized by political subdivisions in the
  480  adoption of such regulations.
  481         (3)(5)Political subdivisions shall provide The Department
  482  of Transportation shall provide technical assistance to any
  483  political subdivision requesting assistance in the preparation
  484  of an airport zoning code. a copy of all local airport
  485  protection zoning codes, rules, and regulations and airport land
  486  use compatibility zoning regulations, and any related amendments
  487  and proposed and granted variances thereto, to shall be filed
  488  with the department’s aviation office within 30 days after
  489  adoption department.
  490         (4)(6)Nothing in Subsection (2) may not or subsection (3)
  491  shall be construed to require the removal, alteration, sound
  492  conditioning, or other change, or to interfere with the
  493  continued use or adjacent expansion of any educational facility
  494  structure or site in existence on July 1, 1993, or be construed
  495  to prohibit the construction of any new structure for which a
  496  site has been determined as provided in former s. 235.19, as of
  497  July 1, 1993.
  498         (5) This section does not prohibit an airport authority, a
  499  political subdivision or its administrative agency, or any other
  500  governing body operating a public-use airport from establishing
  501  airport zoning regulations more restrictive than prescribed in
  502  this section in order to protect the health, safety, and welfare
  503  of the public in the air and on the ground.
  504         Section 4. Section 333.04, Florida Statutes, is amended to
  505  read:
  506         333.04 Comprehensive zoning regulations; most stringent to
  507  prevail where conflicts occur.—
  508         (1) INCORPORATION.—In the event that a political
  509  subdivision has adopted, or hereafter adopts, a comprehensive
  510  plan or policy zoning ordinance regulating, among other things,
  511  the height of buildings, structures, and natural objects, and
  512  uses of property, any airport zoning regulations applicable to
  513  the same area or portion thereof may be incorporated in and made
  514  a part of such comprehensive plan or policy zoning regulations,
  515  and be administered and enforced in connection therewith.
  516         (2) CONFLICT.—In the event of conflict between any airport
  517  zoning regulations adopted under this chapter and any other
  518  regulations applicable to the same area, whether the conflict be
  519  with respect to the height of structures or vegetation trees,
  520  the use of land, or any other matter, and whether such
  521  regulations were adopted by the political subdivision that which
  522  adopted the airport zoning regulations or by some other
  523  political subdivision, the more stringent limitation or
  524  requirement shall govern and prevail.
  525         Section 5. Section 333.05, Florida Statutes, is amended to
  526  read:
  527         333.05 Procedure for adoption of airport zoning
  528  regulations.—
  529         (1) NOTICE AND HEARING.—No Airport zoning regulations may
  530  not shall be adopted, amended, or repealed changed under this
  531  chapter except by action of the legislative body of the
  532  political subdivision or affected subdivisions in question, or
  533  the joint board provided in s. 333.03(1)(b)2. s. 333.03(1)(b) by
  534  the political subdivisions bodies therein provided and set
  535  forth, after a public hearing in relation thereto, at which
  536  parties in interest and citizens shall have an opportunity to be
  537  heard. Notice of the hearing shall be published at least once a
  538  week for 2 consecutive weeks in a newspaper an official paper,
  539  or a paper of general circulation, in the political subdivision
  540  or subdivisions where in which are located the airport zoning
  541  regulations are areas to be adopted, amended, or repealed zoned.
  542         (2) AIRPORT ZONING COMMISSION.—Before Prior to the initial
  543  zoning of any airport area under this chapter, the political
  544  subdivision or joint airport zoning board that which is to
  545  adopt, administer, and enforce the regulations must shall
  546  appoint a commission, to be known as the airport zoning
  547  commission, to recommend the boundaries of the various zones to
  548  be established and the regulations to be adopted therefor. Such
  549  commission shall make a preliminary report and hold public
  550  hearings thereon before submitting its final report, and the
  551  legislative body of the political subdivision or the joint
  552  airport zoning board may shall not hold its public hearings or
  553  take any action until it has received the final report of such
  554  commission, and at least 15 days shall elapse between the
  555  receipt of the final report of the commission and the hearing to
  556  be held by the latter board. If Where a planning city plan
  557  commission, an airport commission, or a comprehensive zoning
  558  commission already exists, it may be appointed as the airport
  559  zoning commission.
  560         Section 6. Section 333.06, Florida Statutes, is amended to
  561  read:
  562         333.06 Airport zoning regulation requirements.—
  563         (1) REASONABLENESS.—All airport zoning regulations adopted
  564  under this chapter shall be reasonable and may not none shall
  565  impose any requirement or restriction which is not reasonably
  566  necessary to effectuate the purposes of this chapter. In
  567  determining what regulations it may adopt, each political
  568  subdivision and joint airport zoning board shall consider, among
  569  other things, the character of the flying operations expected to
  570  be conducted at the airport, the nature of the terrain within
  571  the airport hazard area and runway protection clear zones, the
  572  character of the neighborhood, the uses to which the property to
  573  be zoned is put and adaptable, and the impact of any new use,
  574  activity, or construction on the airport’s operating capability
  575  and capacity.
  576         (2) INDEPENDENT JUSTIFICATION.—The purpose of all airport
  577  zoning regulations adopted under this chapter is to provide both
  578  airspace protection and land uses use compatible with airport
  579  operations. Each aspect of this purpose requires independent
  580  justification in order to promote the public interest in safety,
  581  health, and general welfare. Specifically, construction in a
  582  runway protection clear zone which does not exceed airspace
  583  height restrictions is not conclusive evidence per se that such
  584  use, activity, or construction is compatible with airport
  585  operations.
  586         (3) NONCONFORMING USES.—An No airport protection zoning
  587  regulation regulations adopted under this chapter may not shall
  588  require the removal, lowering, or other change or alteration of
  589  any obstruction structure or tree not conforming to the
  590  regulation regulations when adopted or amended, or otherwise
  591  interfere with the continuance of any nonconforming use, except
  592  as provided in s. 333.07(1) and (3).
  594  LOCAL GOVERNMENTS.—An airport master plan shall be prepared by
  595  each public-use publicly owned and operated airport licensed by
  596  the department of Transportation under chapter 330. The
  597  authorized entity having responsibility for governing the
  598  operation of the airport, when either requesting from or
  599  submitting to a state or federal governmental agency with
  600  funding or approval jurisdiction a “finding of no significant
  601  impact,” an environmental assessment, a site-selection study, an
  602  airport master plan, or any amendment to an airport master plan,
  603  shall submit simultaneously a copy of said request, submittal,
  604  assessment, study, plan, or amendments by certified mail to all
  605  affected local governments. As used in For the purposes of this
  606  subsection, the term “affected local government” is defined as
  607  any municipality city or county having jurisdiction over the
  608  airport and any municipality city or county located within 2
  609  miles of the boundaries of the land subject to the airport
  610  master plan.
  611         Section 7. Section 333.065, Florida Statutes, is repealed.
  612         Section 8. Section 333.07, Florida Statutes, is amended to
  613  read:
  614         333.07 Local government permitting of airspace obstructions
  615  Permits and variances.—
  616         (1) PERMITS.—
  617         (a) A person proposing to construct, alter, or allow an
  618  airport obstruction in an airport hazard area in violation of
  619  the airport protection zoning regulations adopted under this
  620  chapter must apply for a permit. A Any airport zoning
  621  regulations adopted under this chapter may require that a permit
  622  be obtained before any new structure or use may be constructed
  623  or established and before any existing use or structure may be
  624  substantially changed or substantially altered or repaired. In
  625  any event, however, all such regulations shall provide that
  626  before any nonconforming structure or tree may be replaced,
  627  substantially altered or repaired, rebuilt, allowed to grow
  628  higher, or replanted, a permit must be secured from the
  629  administrative agency authorized to administer and enforce the
  630  regulations, authorizing such replacement, change, or repair. No
  631  permit may not shall be issued if it granted that would allow
  632  the establishment or creation of an airport hazard or if it
  633  would permit a nonconforming obstruction structure or tree or
  634  nonconforming use to be made or become higher or to become a
  635  greater hazard to air navigation than it was when the applicable
  636  airport protection zoning regulation was adopted which allowed
  637  the establishment or creation of the obstruction, or than it is
  638  when the application for a permit is made.
  639         (b) If Whenever the political subdivision or its
  640  administrative agency determines that a nonconforming
  641  obstruction use or nonconforming structure or tree has been
  642  abandoned or is more than 80 percent torn down, destroyed,
  643  deteriorated, or decayed, a no permit may not shall be granted
  644  if it that would allow the obstruction said structure or tree to
  645  exceed the applicable height limit or otherwise deviate from the
  646  airport protection zoning regulations.; and, Whether or not an
  647  application is made for a permit under this subsection or not,
  648  the said agency may by appropriate action, compel the owner of
  649  the nonconforming obstruction may be required structure or tree,
  650  at his or her own expense, to lower, remove, reconstruct, alter,
  651  or equip such obstruction object as may be necessary to conform
  652  to the current airport protection zoning regulations. If the
  653  owner of the nonconforming obstruction neglects or refuses
  654  structure or tree shall neglect or refuse to comply with such
  655  requirement order for 10 days after notice thereof, the
  656  administrative said agency may report the violation to the
  657  political subdivision involved therein, which subdivision,
  658  through its appropriate agency, may proceed to have the
  659  obstruction object so lowered, removed, reconstructed, altered,
  660  or equipped, and assess the cost and expense thereof upon the
  661  owner of the obstruction object or the land whereon it is or was
  662  located, and, unless such an assessment is paid within 90 days
  663  from the service of notice thereof on the owner or the owner’s
  664  agent, of such object or land, the sum shall be a lien on said
  665  land, and shall bear interest thereafter at the rate of 6
  666  percent per annum until paid, and shall be collected in the same
  667  manner as taxes on real property are collected by said political
  668  subdivision, or, at the option of said political subdivision,
  669  said lien may be enforced in the manner provided for enforcement
  670  of liens by chapter 85.
  671         (c) Except as provided herein, applications for permits
  672  shall be granted, provided the matter applied for meets the
  673  provisions of this chapter and the regulations adopted and in
  674  force hereunder.
  676  determining whether to issue or deny a permit, the political
  677  subdivision or its administrative agency must consider the
  678  following, as applicable:
  679         (a) The safety of persons on the ground and in the air.
  680         (b) The safe and efficient use of navigable airspace.
  681         (c) The nature of the terrain and height of existing
  682  structures.
  683         (d) The effect of the construction or alteration on the
  684  state licensing standards for a public-use airport contained in
  685  chapter 330 and rules adopted thereunder.
  686         (e) The character of existing and planned flight operations
  687  and developments at public-use airports.
  688         (f) Federal airways, visual flight rules, flyways and
  689  corridors, and instrument approaches as designated by the
  690  Federal Aviation Administration.
  691         (g) The effect of the construction or alteration of the
  692  proposed structure on the minimum descent altitude or the
  693  decision height at the affected airport.
  694         (h) The cumulative effects on navigable airspace of all
  695  existing structures and all other known proposed structures in
  696  the area.
  697         (i) Additional requirements adopted by the political
  698  subdivision or administrative agency pertinent to evaluation and
  699  protection of airspace and airport operations.
  700         (2) VARIANCES.—
  701         (a) Any person desiring to erect any structure, increase
  702  the height of any structure, permit the growth of any tree, or
  703  otherwise use his or her property in violation of the airport
  704  zoning regulations adopted under this chapter or any land
  705  development regulation adopted pursuant to the provisions of
  706  chapter 163 pertaining to airport land use compatibility, may
  707  apply to the board of adjustment for a variance from the zoning
  708  regulations in question. At the time of filing the application,
  709  the applicant shall forward to the department by certified mail,
  710  return receipt requested, a copy of the application. The
  711  department shall have 45 days from receipt of the application to
  712  comment and to provide its comments or waiver of that right to
  713  the applicant and the board of adjustment. The department shall
  714  include its explanation for any objections stated in its
  715  comments. If the department fails to provide its comments within
  716  45 days of receipt of the application, its right to comment is
  717  waived. The board of adjustment may proceed with its
  718  consideration of the application only upon the receipt of the
  719  department’s comments or waiver of that right as demonstrated by
  720  the filing of a copy of the return receipt with the board.
  721  Noncompliance with this section shall be grounds to appeal
  722  pursuant to s. 333.08 and to apply for judicial relief pursuant
  723  to s. 333.11. Such variances may only be allowed where a literal
  724  application or enforcement of the regulations would result in
  725  practical difficulty or unnecessary hardship and where the
  726  relief granted would not be contrary to the public interest but
  727  would do substantial justice and be in accordance with the
  728  spirit of the regulations and this chapter. However, any
  729  variance may be allowed subject to any reasonable conditions
  730  that the board of adjustment may deem necessary to effectuate
  731  the purposes of this chapter.
  732         (b) The Department of Transportation shall have the
  733  authority to appeal any variance granted under this chapter
  734  pursuant to s. 333.08, and to apply for judicial relief pursuant
  735  to s. 333.11.
  737         (a) In issuing a granting any permit or variance under this
  738  section, the political subdivision or its administrative agency
  739  or board of adjustment shall require the owner of the
  740  obstruction structure or tree in question to install, operate,
  741  and maintain thereon, at his or her own expense, such marking
  742  and lighting in conformance with the specific standards
  743  established by the Federal Aviation Administration as may be
  744  necessary to indicate to aircraft pilots the presence of an
  745  obstruction.
  746         (b) Such marking and lighting shall conform to the specific
  747  standards established by rule by the Department of
  748  Transportation.
  749         (c) Existing structures not in compliance on October 1,
  750  1988, shall be required to comply whenever the existing marking
  751  requires refurbishment, whenever the existing lighting requires
  752  replacement, or within 5 years of October 1, 1988, whichever
  753  occurs first.
  754         Section 9. Section 333.08, Florida Statutes, is repealed.
  755         Section 10. Section 333.09, Florida Statutes, is amended to
  756  read:
  757         333.09 Administration of airport protection zoning
  758  regulations.—
  759         (1) ADMINISTRATION.—All airport protection zoning
  760  regulations adopted under this chapter shall provide for the
  761  administration and enforcement of such regulations by the
  762  political subdivision or its administrative agency an
  763  administrative agency which may be an agency created by such
  764  regulations or any official, board, or other existing agency of
  765  the political subdivision adopting the regulations or of one of
  766  the political subdivisions which participated in the creation of
  767  the joint airport zoning board adopting the regulations, if
  768  satisfactory to that political subdivision, but in no case shall
  769  such administrative agency be or include any member of the board
  770  of adjustment. The duties of any administrative agency
  771  designated pursuant to this chapter must shall include that of
  772  hearing and deciding all permits under s. 333.07 s. 333.07(1),
  773  deciding all matters under s. 333.07(3), as they pertain to such
  774  agency, and all other matters under this chapter applying to
  775  said agency, but such agency shall not have or exercise any of
  776  the powers herein delegated to the board of adjustment.
  777         (2) LOCAL GOVERNMENT PROCESS.—
  778         (a) A political subdivision required to adopt airport
  779  zoning regulations under this chapter shall provide a process
  780  to:
  781         1. Issue or deny permits consistent with s. 333.07.
  782         2. Provide the department with a copy of a complete
  783  application consistent with s. 333.025(4).
  784         3. Enforce the issuance or denial of a permit or other
  785  determination made by the administrative agency with respect to
  786  airport zoning regulations.
  787         (b) If a zoning board or permitting body already exists
  788  within a political subdivision, the zoning board or permitting
  789  body may implement the airport zoning regulation permitting and
  790  appeals processes.
  791         (3) APPEALS.—
  792         (a) A person, a political subdivision or its administrative
  793  agency, or a joint airport zoning board that contends a decision
  794  made by a political subdivision or its administrative agency is
  795  an improper application of airport zoning regulations may use
  796  the process established for an appeal.
  797         (b) All appeals taken under this section must be taken
  798  within a reasonable time, as provided by the political
  799  subdivision or its administrative agency, by filing with the
  800  entity from which the appeal is taken a notice of appeal
  801  specifying the grounds for appeal.
  802         (c) An appeal shall stay all proceedings in the underlying
  803  action appealed from, unless the entity from which the appeal is
  804  taken certifies pursuant to the rules for appeal that by reason
  805  of the facts stated in the certificate a stay would, in its
  806  opinion, cause imminent peril to life or property. In such
  807  cases, proceedings may not be stayed except by order of the
  808  political subdivision or its administrative agency on notice to
  809  the entity from which the appeal is taken and for good cause
  810  shown.
  811         (d) The political subdivision or its administrative agency
  812  shall set a reasonable time for the hearing of appeals, give
  813  public notice and due notice to the parties in interest, and
  814  decide the same within a reasonable time. Upon the hearing, any
  815  party may appear in person, by agent, or by attorney.
  816         (e) The political subdivision or its administrative agency
  817  may, in conformity with this chapter, affirm, reverse, or modify
  818  the decision on the permit or other determination from which the
  819  appeal is taken.
  820         Section 11. Section 333.10, Florida Statutes, is repealed.
  821         Section 12. Section 333.11, Florida Statutes, is amended to
  822  read:
  823         333.11 Judicial review.—
  824         (1) Any person, aggrieved, or taxpayer affected, by any
  825  decision of a board of adjustment, or any governing body of a
  826  political subdivision, or the Department of Transportation or
  827  any joint airport zoning board affected by a decision of a
  828  political subdivision, or its of any administrative agency
  829  hereunder, may apply for judicial relief to the circuit court in
  830  the judicial circuit where the political subdivision board of
  831  adjustment is located within 30 days after rendition of the
  832  decision by the board of adjustment. Review shall be by petition
  833  for writ of certiorari, which shall be governed by the Florida
  834  Rules of Appellate Procedure.
  835         (2) Upon presentation of such petition to the court, it may
  836  allow a writ of certiorari, directed to the board of adjustment,
  837  to review such decision of the board. The allowance of the writ
  838  shall not stay the proceedings upon the decision appealed from,
  839  but the court may, on application, on notice to the board, on
  840  due hearing and due cause shown, grant a restraining order.
  841         (3) The board of adjustment shall not be required to return
  842  the original papers acted upon by it, but it shall be sufficient
  843  to return certified or sworn copies thereof or of such portions
  844  thereof as may be called for by the writ. The return shall
  845  concisely set forth such other facts as may be pertinent and
  846  material to show the grounds of the decision appealed from and
  847  shall be verified.
  848         (2)(4) The court has shall have exclusive jurisdiction to
  849  affirm, reverse, or modify, or set aside the decision on the
  850  permit or other determination from which the appeal is taken
  851  brought up for review, in whole or in part, and, if appropriate
  852  need be, to order further proceedings by the political
  853  subdivision or its administrative agency board of adjustment.
  854  The findings of fact by the political subdivision or its
  855  administrative agency board, if supported by substantial
  856  evidence, shall be accepted by the court as conclusive, and an
  857  no objection to a decision of the political subdivision or its
  858  administrative agency may not board shall be considered by the
  859  court unless such objection was raised in the underlying
  860  proceeding shall have been urged before the board, or, if it was
  861  not so urged, unless there were reasonable grounds for failure
  862  to do so.
  863         (3)(5)If In any case in which airport zoning regulations
  864  adopted under this chapter, although generally reasonable, are
  865  held by a court to interfere with the use and enjoyment of a
  866  particular structure or parcel of land to such an extent, or to
  867  be so onerous in their application to such a structure or parcel
  868  of land, as to constitute a taking or deprivation of that
  869  property in violation of the State Constitution or the
  870  Constitution of the United States, such holding shall not affect
  871  the application of such regulations to other structures and
  872  parcels of land, or such regulations as are not involved in the
  873  particular decision.
  874         (4)(6)A judicial No appeal to any court may not shall be
  875  or is permitted under this section until the appellant has
  876  exhausted all of its remedies through application for local
  877  government permits, exceptions, and appeals, to any courts, as
  878  herein provided, save and except an appeal from a decision of
  879  the board of adjustment, the appeal herein provided being from
  880  such final decision of such board only, the appellant being
  881  hereby required to exhaust his or her remedies hereunder of
  882  application for permits, exceptions and variances, and appeal to
  883  the board of adjustment, and gaining a determination by said
  884  board, before being permitted to appeal to the court hereunder.
  885         Section 13. Section 333.12, Florida Statutes, is amended to
  886  read:
  887         333.12 Acquisition of air rights.—If In any case which: it
  888  is desired to remove, lower or otherwise terminate a
  889  nonconforming obstruction is determined to be an airport hazard
  890  and the owner will not remove, lower, or otherwise eliminate it
  891  structure or use; or the approach protection necessary cannot,
  892  because of constitutional limitations, be provided by airport
  893  zoning regulations under this chapter; or it appears advisable
  894  that the necessary approach protection be provided by
  895  acquisition of property rights rather than by airport zoning
  896  regulations, the political subdivision within which the property
  897  or nonconforming obstruction use is located, or the political
  898  subdivision owning or operating the airport or being served by
  899  it, may acquire, by purchase, grant, or condemnation in the
  900  manner provided by chapter 73, such property, air right,
  901  avigation navigation easement, or other estate, portion, or
  902  interest in the property or nonconforming obstruction structure
  903  or use or such interest in the air above such property, tree,
  904  structure, or use, in question, as may be necessary to
  905  effectuate the purposes of this chapter, and in so doing, if by
  906  condemnation, to have the right to take immediate possession of
  907  the property, interest in property, air right, or other right
  908  sought to be condemned, at the time, and in the manner and form,
  909  and as authorized by chapter 74. In the case of the purchase of
  910  any property, or any easement, or estate or interest therein or
  911  the acquisition of the same by the power of eminent domain, the
  912  political subdivision making such purchase or exercising such
  913  power shall, in addition to the damages for the taking, injury,
  914  or destruction of property, also pay the cost of the removal and
  915  relocation of any structure or any public utility that which is
  916  required to be moved to a new location.
  917         Section 14. Section 333.13, Florida Statutes, is amended to
  918  read:
  919         333.13 Enforcement and remedies.—
  920         (1) Each violation of this chapter or of any airport zoning
  921  regulations, orders, or rulings adopted promulgated or made
  922  pursuant to this chapter shall constitute a misdemeanor of the
  923  second degree, punishable as provided in s. 775.082 or s.
  924  775.083, and each day a violation continues to exist shall
  925  constitute a separate offense.
  926         (2) In addition, the political subdivision or agency
  927  adopting the airport zoning regulations under this chapter may
  928  institute in any court of competent jurisdiction an action to
  929  prevent, restrain, correct, or abate any violation of this
  930  chapter or of airport zoning regulations adopted under this
  931  chapter or of any order or ruling made in connection with their
  932  administration or enforcement, and the court shall adjudge to
  933  the plaintiff such relief, by way of injunction, (which may be
  934  mandatory,) or otherwise, as may be proper under all the facts
  935  and circumstances of the case in order to fully effectuate the
  936  purposes of this chapter and of the regulations adopted and
  937  orders and rulings made pursuant thereto.
  938         (3) The department of Transportation may institute a civil
  939  action for injunctive relief in the appropriate circuit court to
  940  prevent violation of any provision of this chapter.
  941         Section 15. Section 333.135, Florida Statutes, is created
  942  to read:
  943         333.135 Transition provisions.—
  944         (1) Any airport zoning regulation in effect on July 1,
  945  2016, which includes provisions in conflict with this chapter
  946  shall be amended to conform to the requirements of this chapter
  947  by July 1, 2017.
  948         (2) Any political subdivision having an airport within its
  949  territorial limits which has not adopted airport zoning
  950  regulations shall, by July 1, 2017, adopt airport zoning
  951  regulations consistent with this chapter.
  952         (3) For those political subdivisions that have not yet
  953  adopted airport zoning regulations pursuant to this chapter, the
  954  department shall administer the permitting process as provided
  955  in s. 333.025.
  956         Section 16. Section 333.14, Florida Statutes, is repealed.
  957         Section 17. This act shall take effect July 1, 2016.