CS for SB 1508                                   First Engrossed
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3184, F.S.; clarifying statutory language;
    4         amending s. 380.06, F.S.; providing that a proposed
    5         development that is consistent with certain
    6         comprehensive plans is not required to undergo review
    7         pursuant to the state coordinated review process;
    8         providing applicability; amending s. 333.01, F.S.;
    9         defining and redefining terms; amending s. 333.025,
   10         F.S.; revising the requirements relating to permits
   11         required for obstructions; requiring certain existing,
   12         planned, and proposed facilities to be protected from
   13         airport hazards; requiring the local government to
   14         provide a copy of a complete permit application to the
   15         Department of Transportation’s aviation office,
   16         subject to certain requirements; requiring the
   17         department to have a specified review period following
   18         receipt of such application; providing exemptions from
   19         such review under certain circumstances; revising the
   20         circumstances under which the department issues or
   21         denies a permit; revising the department’s
   22         requirements before a permit is issued; revising the
   23         circumstances under which the department is prohibited
   24         from approving a permit; providing that the denial of
   25         a permit is subject to administrative review; amending
   26         s. 333.03, F.S.; conforming provisions to changes made
   27         by the act; revising the circumstances under which a
   28         political subdivision owning or controlling an airport
   29         and another political subdivision adopt, administer,
   30         and enforce airport protection zoning regulations or
   31         create a joint airport protection zoning board;
   32         revising the provisions relating to airport protection
   33         zoning regulations and joint airport protection zoning
   34         boards; requiring the department to be available to
   35         provide assistance to political subdivisions regarding
   36         federal obstruction standards; deleting provisions
   37         relating to certain duties of the department; revising
   38         provisions relating to airport land use compatibility
   39         zoning regulations; revising construction; providing
   40         applicability; amending s. 333.04, F.S.; authorizing
   41         certain airport zoning regulations to be incorporated
   42         in and made a part of comprehensive plans and
   43         policies, rather than a part of comprehensive zoning
   44         regulations, under certain circumstances; revising
   45         requirements relating to applicability; amending s.
   46         333.05, F.S.; revising procedures for adoption of
   47         airport zoning regulations; amending s. 333.06, F.S.;
   48         revising airport zoning regulation requirements;
   49         repealing s. 333.065, F.S., relating to guidelines
   50         regarding land use near airports; amending s. 333.07,
   51         F.S.; revising requirements relating to local
   52         government permitting of airspace obstructions;
   53         requiring a person proposing to construct, alter, or
   54         allow an airport obstruction to apply for a permit
   55         under certain circumstances; revising the
   56         circumstances under which a permit is prohibited from
   57         being issued; revising the circumstances under which
   58         the owner of a nonconforming structure is required to
   59         alter such structure to conform to the current airport
   60         protection zoning regulations; deleting provisions
   61         relating to variances from zoning regulations;
   62         requiring a political subdivision or its
   63         administrative agency to consider specified criteria
   64         in determining whether to issue or deny a permit;
   65         revising the requirements for marking and lighting in
   66         conformance with certain standards; repealing s.
   67         333.08, F.S., relating to appeals of decisions
   68         concerning airport zoning regulations; amending s.
   69         333.09, F.S.; revising the requirements relating to
   70         the administration of airport protection zoning
   71         regulations; requiring all airport protection zoning
   72         regulations to provide for the administration and
   73         enforcement of such regulations by the political
   74         subdivision or its administrative agency; requiring a
   75         political subdivision adopting airport zoning
   76         regulations to provide a permitting process, subject
   77         to certain requirements; requiring a zoning board or
   78         permitting body to implement the airport zoning
   79         regulation permitting and appeals process if such
   80         board or body already exists within a political
   81         subdivision; authorizing a person, a political
   82         subdivision or its administrative agency, or a
   83         specified joint zoning board to use the process
   84         established for an appeal, subject to certain
   85         requirements; repealing s. 333.10, F.S., relating to
   86         boards of adjustment provided for by airport zoning
   87         regulations; amending s. 333.11, F.S.; revising the
   88         requirements relating to judicial review; amending s.
   89         333.12, F.S.; revising requirements relating to the
   90         acquisition of air rights; amending s. 333.13, F.S.;
   91         conforming provisions to changes made by the act;
   92         creating s. 333.135, F.S.; requiring conflicting
   93         airport zoning regulations in effect on a specified
   94         date to be amended to conform to certain requirements;
   95         requiring certain political subdivisions to adopt
   96         certain airport zoning regulations by a specified
   97         date; requiring the department to administer a
   98         specified permitting process for certain political
   99         subdivisions; repealing s. 333.14, F.S., relating to a
  100         short title; providing an effective date.
  102  Be It Enacted by the Legislature of the State of Florida:
  104         Section 1. Paragraph (c) of subsection (2) of section
  105  163.3184, Florida Statutes, is amended to read:
  106         163.3184 Process for adoption of comprehensive plan or plan
  107  amendment.—
  109         (c) Plan amendments that are in an area of critical state
  110  concern designated pursuant to s. 380.05; propose a rural land
  111  stewardship area pursuant to s. 163.3248; propose a sector plan
  112  pursuant to s. 163.3245 or an amendment to an adopted sector
  113  plan; update a comprehensive plan based on an evaluation and
  114  appraisal pursuant to s. 163.3191; propose a development that is
  115  subject to the state coordinated review process qualifies as a
  116  development of regional impact pursuant to s. 380.06(30) s.
  117  380.06; or are new plans for newly incorporated municipalities
  118  adopted pursuant to s. 163.3167 shall follow the state
  119  coordinated review process in subsection (4).
  120         Section 2. Subsection (30) of section 380.06, Florida
  121  Statutes, is amended to read:
  122         380.06 Developments of regional impact.—
  123         (30) NEW PROPOSED DEVELOPMENTS.—A new proposed development
  124  otherwise subject to the review requirements of this section
  125  shall be approved by a local government pursuant to s.
  126  163.3184(4) in lieu of proceeding in accordance with this
  127  section. However, if the proposed development is consistent with
  128  the comprehensive plan as provided in s. 163.3194(3)(b), the
  129  development is not required to undergo review pursuant to s.
  130  163.3184(4) or this section. This subsection does not apply to
  131  amendments to a development order governing an existing
  132  development of regional impact.
  133         Section 3. Section 333.01, Florida Statutes, is amended to
  134  read:
  135         333.01 Definitions.—As used in For the purpose of this
  136  chapter, the term following words, terms, and phrases shall have
  137  the meanings herein given, unless otherwise specifically
  138  defined, or unless another intention clearly appears, or the
  139  context otherwise requires:
  140         (1) “Aeronautical study” means a Federal Aviation
  141  Administration study, conducted in accordance with the standards
  142  of 14 C.F.R. part 77, subpart C, and Federal Aviation
  143  Administration policy and guidance, on the effect of proposed
  144  construction or alteration upon the operation of air navigation
  145  facilities and the safe and efficient use of navigable airspace.
  146         (1) “Aeronautics” means transportation by aircraft; the
  147  operation, construction, repair, or maintenance of aircraft,
  148  aircraft power plants and accessories, including the repair,
  149  packing, and maintenance of parachutes; the design,
  150  establishment, construction, extension, operation, improvement,
  151  repair, or maintenance of airports, restricted landing areas, or
  152  other air navigation facilities, and air instruction.
  153         (2) “Airport” means any area of land or water designed and
  154  set aside for the landing and taking off of aircraft and used
  155  utilized or to be used utilized in the interest of the public
  156  for such purpose.
  157         (3) “Airport hazard” means an obstruction to air navigation
  158  which affects the safe and efficient use of navigable airspace
  159  or the operation of planned or existing air navigation and
  160  communication facilities any structure or tree or use of land
  161  which would exceed the federal obstruction standards as
  162  contained in 14 C.F.R. ss. 77.21, 77.23,77.25, 77.28, and 77.29
  163  and which obstructs the airspace required for the flight of
  164  aircraft in taking off, maneuvering, or landing or is otherwise
  165  hazardous to such taking off, maneuvering, or landing of
  166  aircraft and for which no person has previously obtained a
  167  permit or variance pursuant to s. 333.025 or s. 333.07.
  168         (4) “Airport hazard area” means any area of land or water
  169  upon which an airport hazard might be established if not
  170  prevented as provided in this chapter.
  171         (5) “Airport land use compatibility zoning” means airport
  172  zoning regulations governing restricting the use of land on,
  173  adjacent to, or in the immediate vicinity of airports in the
  174  manner enumerated in s. 333.03(2) to activities and purposes
  175  compatible with the continuation of normal airport operations
  176  including landing and takeoff of aircraft in order to promote
  177  public health, safety, and general welfare.
  178         (6) “Airport layout plan” means a set of scaled drawings
  179  that provide a graphic representation of the existing and future
  180  development plan for the airport and demonstrate the
  181  preservation and continuity of safety, utility, and efficiency
  182  of the airport detailed, scale engineering drawing, including
  183  pertinent dimensions, of an airport’s current and planned
  184  facilities, their locations, and runway usage.
  185         (7) “Airport master plan” means a comprehensive plan of an
  186  airport which typically describes current and future plans for
  187  airport development designed to support existing and future
  188  aviation demand.
  189         (8) “Airport protection zoning regulations” means airport
  190  zoning regulations governing airport hazards.
  191         (9) “Department” means the Department of Transportation as
  192  created under s. 20.23.
  193         (10) “Educational facility” means any structure, land, or
  194  use that includes a public or private kindergarten through 12th
  195  grade school, charter school, magnet school, college campus, or
  196  university campus. The term does not include space used for
  197  educational purposes within a multi-tenant building.
  198         (11) “Landfill” has the same meaning as provided in s.
  199  403.703.
  200         (12)(7) “Obstruction” means any existing or proposed
  201  manmade object or object, of natural growth or terrain, or
  202  structure construction or alteration that exceeds violates the
  203  federal obstruction standards contained in 14 C.F.R. part 77,
  204  subpart C ss. 77.21, 77.23, 77.25, 77.28, and 77.29. The term
  205  includes:
  206         (a) Any object of natural growth or terrain;
  207         (b) Permanent or temporary construction or alteration,
  208  including equipment or materials used and any permanent or
  209  temporary apparatus; or
  210         (c) Alteration of any permanent or temporary existing
  211  structure by a change in the structure’s height, including
  212  appurtenances, lateral dimensions, and equipment or materials
  213  used in the structure.
  214         (13)(8) “Person” means any individual, firm, copartnership,
  215  corporation, company, association, joint-stock association, or
  216  body politic, and includes any trustee, receiver, assignee, or
  217  other similar representative thereof.
  218         (14)(9) “Political subdivision” means the local government
  219  of any county, municipality city, town, village, or other
  220  subdivision or agency thereof, or any district or special
  221  district, port commission, port authority, or other such agency
  222  authorized to establish or operate airports in the state.
  223         (15) “Public-use airport” means an airport, publicly or
  224  privately owned, licensed by the state, which is open for use by
  225  the public.
  226         (16)(10) “Runway protection clear zone” means an area at
  227  ground level beyond the runway end to enhance the safety and
  228  protection of people and property on the ground a runway clear
  229  zone as defined in 14 C.F.R. s. 151.9(b).
  230         (17)(11) “Structure” means any object, constructed,
  231  erected, altered, or installed by humans, including, but not
  232  limited to without limitation thereof, buildings, towers,
  233  smokestacks, utility poles, power generation equipment, and
  234  overhead transmission lines.
  235         (18) “Substantial modification” means any repair,
  236  reconstruction, rehabilitation, or improvement of a structure
  237  when the actual cost of the repair, reconstruction,
  238  rehabilitation, or improvement of the structure equals or
  239  exceeds 50 percent of the market value of the structure.
  240         (12) “Tree” includes any plant of the vegetable kingdom.
  241         Section 4. Section 333.025, Florida Statutes, is amended to
  242  read:
  243         333.025 Permit required for obstructions structures
  244  exceeding federal obstruction standards.—
  245         (1) A person proposing the construction or alteration In
  246  order to prevent the erection of an obstruction must obtain a
  247  permit from the department structures dangerous to air
  248  navigation, subject to the provisions of subsections (2), (3),
  249  and (4), each person shall secure from the Department of
  250  Transportation a permit for the erection, alteration, or
  251  modification of any structure the result of which would exceed
  252  the federal obstruction standards as contained in 14 C.F.R. ss.
  253  77.21, 77.23, 77.25, 77.28, and 77.29. However, permits from the
  254  department of Transportation will be required only within an
  255  airport hazard area where federal obstruction standards are
  256  exceeded and if the proposed construction or alteration is
  257  within a 10-nautical-mile radius of the airport reference point,
  258  located at the approximate geometric geographical center of all
  259  usable runways of a public-use airport or a publicly owned or
  260  operated airport, a military airport, or an airport licensed by
  261  the state for public use.
  262         (2) Existing, planned, and proposed Affected airports will
  263  be considered as having those facilities on public-use airports
  264  contained in an which are shown on the airport master plan, in
  265  or an airport layout plan submitted to the Federal Aviation
  266  Administration, Airport District Office or in comparable
  267  military documents shall, and will be so protected from airport
  268  hazards. Planned or proposed public-use airports which are the
  269  subject of a notice or proposal submitted to the Federal
  270  Aviation Administration or to the Department of Transportation
  271  shall also be protected.
  272         (3) A permit is not required for existing structures that
  273  requirements of subsection (1) shall not apply to projects which
  274  received construction permits from the Federal Communications
  275  Commission for structures exceeding federal obstruction
  276  standards before prior to May 20, 1975, provided such structures
  277  now exist; a permit is not required for nor shall it apply to
  278  previously approved structures now existing, or any necessary
  279  replacement or repairs to such existing structures if, so long
  280  as the height and location are is unchanged.
  281         (4) If When political subdivisions have, in compliance with
  282  this chapter, adopted adequate airport airspace protection
  283  zoning regulations, placed in compliance with s. 333.03, and
  284  such regulations are on file with the department’s aviation
  285  office, and established a permitting process Department of
  286  Transportation, a permit for the construction or alteration of
  287  an obstruction is such structure shall not be required from the
  288  department of Transportation. Upon receipt of a complete permit
  289  application, the local government shall provide a copy of the
  290  application to the department’s aviation office by certified
  291  mail, return receipt requested, or by a delivery service that
  292  provides a receipt evidencing delivery. To evaluate technical
  293  consistency with this subsection, the department shall have a
  294  15-day review period following receipt of the application, which
  295  must run concurrently with the local government permitting
  296  process. Cranes, construction equipment, and other temporary
  297  structures in use or in place for a period not to exceed 18
  298  consecutive months are exempt from the department’s review,
  299  unless such review is requested by the department.
  300         (5) The department of Transportation shall, within 30 days
  301  after of the receipt of an application for a permit, issue or
  302  deny a permit for the construction or erection, alteration, or
  303  modification of an obstruction any structure the result of which
  304  would exceed federal obstruction standards as contained in 14
  305  C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29. The department
  306  shall review permit applications in conformity with s. 120.60.
  307         (6) In determining whether to issue or deny a permit, the
  308  department shall consider:
  309         (a) The safety of persons on the ground and in the air.
  310         (b) The safe and efficient use of navigable airspace.
  311         (c)(a) The nature of the terrain and height of existing
  312  structures.
  313         (b) Public and private interests and investments.
  314         (d) The effect of the construction or alteration of an
  315  obstruction on the state licensing standards for a public-use
  316  airport contained in chapter 330 and rules adopted thereunder.
  317         (e)(c) The character of existing and planned flight flying
  318  operations and planned developments at public-use of airports.
  319         (f)(d) Federal airways, visual flight rules, flyways and
  320  corridors, and instrument approaches as designated by the
  321  Federal Aviation Administration.
  322         (g)(e)The effect of Whether the construction or alteration
  323  of an obstruction on the proposed structure would cause an
  324  increase in the minimum descent altitude or the decision height
  325  at the affected airport.
  326         (f) Technological advances.
  327         (g) The safety of persons on the ground and in the air.
  328         (h) Land use density.
  329         (i) The safe and efficient use of navigable airspace.
  330         (h)(j) The cumulative effects on navigable airspace of all
  331  existing obstructions structures, proposed structures identified
  332  in the applicable jurisdictions’ comprehensive plans, and all
  333  other known proposed obstructions structures in the area.
  334         (7) When issuing a permit under this section, the
  335  department of Transportation shall, as a specific condition of
  336  such permit, require the owner obstruction marking and lighting
  337  of the obstruction to install, operate, and maintain, at the
  338  owner’s expense, marking and lighting in conformance with the
  339  specific standards established by the Federal Aviation
  340  Administration permitted structure as provided in s.
  341  333.07(3)(b).
  342         (8) The department may of Transportation shall not approve
  343  a permit for the construction or alteration erection of an
  344  obstruction a structure unless the applicant submits both
  345  documentation showing both compliance with the federal
  346  requirement for notification of proposed construction or
  347  alteration and a valid aeronautical study. A evaluation, and no
  348  permit may not shall be approved solely on the basis that the
  349  Federal Aviation Administration determined that the such
  350  proposed construction or alteration of an obstruction was not an
  351  airport hazard structure will not exceed federal obstruction
  352  standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
  353  77.28, or 77.29, or any other federal aviation regulation.
  354         (9) The denial of a permit under this section is subject to
  355  administrative review pursuant to chapter 120.
  356         Section 5. Section 333.03, Florida Statutes, is amended to
  357  read:
  358         333.03 Requirement Power to adopt airport zoning
  359  regulations.—
  360         (1)(a) In order to prevent the creation or establishment of
  361  airport hazards, Every political subdivision having an airport
  362  hazard area within its territorial limits shall, by October 1,
  363  1977, adopt, administer, and enforce, under the police power and
  364  in the manner and upon the conditions hereinafter prescribed in
  365  this section, airport protection zoning regulations for such
  366  airport hazard area.
  367         (b) If Where an airport is owned or controlled by a
  368  political subdivision and if any other political subdivision has
  369  land upon which an obstruction may be constructed or altered
  370  which underlies any surface of the airport as provided in 14
  371  C.F.R. part 77, subpart C, the political subdivisions airport
  372  hazard area appertaining to such airport is located wholly or
  373  partly outside the territorial limits of said political
  374  subdivision, the political subdivision owning or controlling the
  375  airport and the political subdivision within which the airport
  376  hazard area is located, shall either:
  377         1. By interlocal agreement, in accordance with the
  378  provisions of chapter 163, adopt, administer, and enforce a set
  379  of airport protection zoning regulations applicable to the
  380  airport hazard area in question; or
  381         2. By ordinance, regulation, or resolution duly adopted,
  382  create a joint airport protection zoning board that, which board
  383  shall have the same power to adopt, administer, and enforce a
  384  set of airport protection zoning regulations applicable to the
  385  airport hazard area in question as that vested in paragraph (a)
  386  in the political subdivision within which such area is located.
  387  The Each such joint airport protection zoning board shall have
  388  as voting members two representatives appointed by each
  389  participating political subdivision participating in its
  390  creation and in addition a chair elected by a majority of the
  391  members so appointed. However, The airport manager or a
  392  representative of each airport in managers of the affected
  393  participating political subdivisions shall serve on the board in
  394  a nonvoting capacity.
  395         (c) Airport protection zoning regulations adopted under
  396  paragraph (a) must shall, at as a minimum, require:
  397         1. A permit variance for the construction or erection,
  398  alteration, or modification of any obstruction structure which
  399  would cause the structure to exceed the federal obstruction
  400  standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
  401  77.28, and 77.29;
  402         2. Obstruction marking and lighting for obstructions
  403  structures as specified in s. 333.07(3);
  404         3. Documentation showing compliance with the federal
  405  requirement for notification of proposed construction or
  406  alteration of structures and a valid aeronautical study
  407  evaluation submitted by each person applying for a permit
  408  variance;
  409         4. Consideration of the criteria in s. 333.025(6), when
  410  determining whether to issue or deny a permit variance; and
  411         5. That approval of a permit not be based no variance shall
  412  be approved solely on the determination by the Federal Aviation
  413  Administration basis that the such proposed structure is not an
  414  airport hazard will not exceed federal obstruction standards as
  415  contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, or 77.29,
  416  or any other federal aviation regulation.
  417         (d) The department shall be available to provide assistance
  418  to political subdivisions regarding federal obstruction
  419  standards shall issue copies of the federal obstruction
  420  standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
  421  77.28, and 77.29 to each political subdivision having airport
  422  hazard areas and, in cooperation with political subdivisions,
  423  shall issue appropriate airport zoning maps depicting within
  424  each county the maximum allowable height of any structure or
  425  tree. Material distributed pursuant to this subsection shall be
  426  at no cost to authorized recipients.
  427         (2) In the manner provided in subsection (1), political
  428  subdivisions shall adopt, administer, and enforce interim
  429  airport land use compatibility zoning regulations shall be
  430  adopted. Airport land use compatibility zoning When political
  431  subdivisions have adopted land development regulations shall, at
  432  a minimum, in accordance with the provisions of chapter 163
  433  which address the use of land in the manner consistent with the
  434  provisions herein, adoption of airport land use compatibility
  435  regulations pursuant to this subsection shall not be required.
  436  Interim airport land use compatibility zoning regulations shall
  437  consider the following:
  438         (a) The prohibition of new landfills and the restriction of
  439  existing landfills Whether sanitary landfills are located within
  440  the following areas:
  441         1. Within 10,000 feet from the nearest point of any runway
  442  used or planned to be used by turbine turbojet or turboprop
  443  aircraft.
  444         2. Within 5,000 feet from the nearest point of any runway
  445  used only by only nonturbine piston-type aircraft.
  446         3. Outside the perimeters defined in subparagraphs 1. and
  447  2., but still within the lateral limits of the civil airport
  448  imaginary surfaces defined in 14 C.F.R. s. 77.19 part 77.25.
  449  Case-by-case review of such landfills is advised.
  450         (b) Where Whether any landfill is located and constructed
  451  in a manner so that it attracts or sustains hazardous bird
  452  movements from feeding, water, or roosting areas into, or
  453  across, the runways or approach and departure patterns of
  454  aircraft. The landfill operator must political subdivision shall
  455  request from the airport authority or other governing body
  456  operating the airport a report on such bird feeding or roosting
  457  areas that at the time of the request are known to the airport.
  458  In preparing its report, the authority, or other governing body,
  459  shall consider whether the landfill will incorporate bird
  460  management techniques or other practices to minimize bird
  461  hazards to airborne aircraft. The airport authority or other
  462  governing body shall respond to the political subdivision no
  463  later than 30 days after receipt of such request.
  464         (c) Where an airport authority or other governing body
  465  operating a publicly owned, public-use airport has conducted a
  466  noise study in accordance with the provisions of 14 C.F.R. part
  467  150, or where a public-use airport owner has established noise
  468  contours pursuant to another public study approved by the
  469  Federal Aviation Administration, the prohibition of incompatible
  470  uses, as established in the noise study in 14 C.F.R. part 150,
  471  Appendix A or as a part of an alternative Federal Aviation
  472  Administration-approved public study, within the noise contours
  473  established by any of these studies, except if such uses are
  474  specifically contemplated by such study with appropriate
  475  mitigation or similar techniques described in the study neither
  476  residential construction nor any educational facility as defined
  477  in chapter 1013, with the exception of aviation school
  478  facilities, shall be permitted within the area contiguous to the
  479  airport defined by an outer noise contour that is considered
  480  incompatible with that type of construction by 14 C.F.R. part
  481  150, Appendix A or an equivalent noise level as established by
  482  other types of noise studies.
  483         (d) Where an airport authority or other governing body
  484  operating a publicly owned, public-use airport has not conducted
  485  a noise study, the prohibition of neither residential
  486  construction and nor any educational facility as defined in
  487  chapter 1013, with the exception of aviation school facilities,
  488  shall be permitted within an area contiguous to the airport
  489  measuring one-half the length of the longest runway on either
  490  side of and at the end of each runway centerline.
  491         (e)(3)The restriction of In the manner provided in
  492  subsection (1), airport zoning regulations shall be adopted
  493  which restrict new incompatible uses, activities, or substantial
  494  modifications to existing incompatible uses construction within
  495  runway protection clear zones, including uses, activities, or
  496  construction in runway clear zones which are incompatible with
  497  normal airport operations or endanger public health, safety, and
  498  welfare by resulting in congregations of people, emissions of
  499  light or smoke, or attraction of birds. Such regulations shall
  500  prohibit the construction of an educational facility of a public
  501  or private school at either end of a runway of a publicly owned,
  502  public-use airport within an area which extends 5 miles in a
  503  direct line along the centerline of the runway, and which has a
  504  width measuring one-half the length of the runway. Exceptions
  505  approving construction of an educational facility within the
  506  delineated area shall only be granted when the political
  507  subdivision administering the zoning regulations makes specific
  508  findings detailing how the public policy reasons for allowing
  509  the construction outweigh health and safety concerns prohibiting
  510  such a location.
  511         (4) The procedures outlined in subsections (1), (2), and
  512  (3) for the adoption of such regulations are supplemental to any
  513  existing procedures utilized by political subdivisions in the
  514  adoption of such regulations.
  515         (3)(5)Political subdivisions shall provide The Department
  516  of Transportation shall provide technical assistance to any
  517  political subdivision requesting assistance in the preparation
  518  of an airport zoning code. a copy of all local airport
  519  protection zoning codes, rules, and regulations and airport land
  520  use compatibility zoning regulations, and any related amendments
  521  and proposed and granted variances thereto, to shall be filed
  522  with the department’s aviation office within 30 days after
  523  adoption department.
  524         (4)(6)Nothing in Subsection (2) may not or subsection (3)
  525  shall be construed to require the removal, alteration, sound
  526  conditioning, or other change, or to interfere with the
  527  continued use or adjacent expansion of any educational facility
  528  structure or site in existence on July 1, 1993, or be construed
  529  to prohibit the construction of any new structure for which a
  530  site has been determined as provided in former s. 235.19, as of
  531  July 1, 1993.
  532         (5) This section does not prohibit an airport authority, a
  533  political subdivision or its administrative agency, or any other
  534  governing body operating a public-use airport from establishing
  535  airport zoning regulations more restrictive than prescribed in
  536  this section in order to protect the health, safety, and welfare
  537  of the public in the air and on the ground.
  538         Section 6. Section 333.04, Florida Statutes, is amended to
  539  read:
  540         333.04 Comprehensive zoning regulations; most stringent to
  541  prevail where conflicts occur.—
  542         (1) INCORPORATION.—In the event that a political
  543  subdivision has adopted, or hereafter adopts, a comprehensive
  544  plan or policy zoning ordinance regulating, among other things,
  545  the height of buildings, structures, and natural objects, and
  546  uses of property, any airport zoning regulations applicable to
  547  the same area or portion thereof may be incorporated in and made
  548  a part of such comprehensive plan or policy zoning regulations,
  549  and be administered and enforced in connection therewith.
  550         (2) CONFLICT.—In the event of conflict between any airport
  551  zoning regulations adopted under this chapter and any other
  552  regulations applicable to the same area, whether the conflict be
  553  with respect to the height of structures or vegetation trees,
  554  the use of land, or any other matter, and whether such
  555  regulations were adopted by the political subdivision that which
  556  adopted the airport zoning regulations or by some other
  557  political subdivision, the more stringent limitation or
  558  requirement shall govern and prevail.
  559         Section 7. Section 333.05, Florida Statutes, is amended to
  560  read:
  561         333.05 Procedure for adoption of airport zoning
  562  regulations.—
  563         (1) NOTICE AND HEARING.—No Airport zoning regulations may
  564  not shall be adopted, amended, or repealed changed under this
  565  chapter except by action of the legislative body of the
  566  political subdivision or affected subdivisions in question, or
  567  the joint board provided in s. 333.03(1)(b)2. s. 333.03(1)(b) by
  568  the political subdivisions bodies therein provided and set
  569  forth, after a public hearing in relation thereto, at which
  570  parties in interest and citizens shall have an opportunity to be
  571  heard. Notice of the hearing shall be published at least once a
  572  week for 2 consecutive weeks in a newspaper an official paper,
  573  or a paper of general circulation, in the political subdivision
  574  or subdivisions where in which are located the airport zoning
  575  regulations are areas to be adopted, amended, or repealed zoned.
  576         (2) AIRPORT ZONING COMMISSION.—Before Prior to the initial
  577  zoning of any airport area under this chapter, the political
  578  subdivision or joint airport zoning board that which is to
  579  adopt, administer, and enforce the regulations must shall
  580  appoint a commission, to be known as the airport zoning
  581  commission, to recommend the boundaries of the various zones to
  582  be established and the regulations to be adopted therefor. Such
  583  commission shall make a preliminary report and hold public
  584  hearings thereon before submitting its final report, and the
  585  legislative body of the political subdivision or the joint
  586  airport zoning board may shall not hold its public hearings or
  587  take any action until it has received the final report of such
  588  commission, and at least 15 days shall elapse between the
  589  receipt of the final report of the commission and the hearing to
  590  be held by the latter board. If Where a planning city plan
  591  commission, an airport commission, or a comprehensive zoning
  592  commission already exists, it may be appointed as the airport
  593  zoning commission.
  594         Section 8. Section 333.06, Florida Statutes, is amended to
  595  read:
  596         333.06 Airport zoning regulation requirements.—
  597         (1) REASONABLENESS.—All airport zoning regulations adopted
  598  under this chapter shall be reasonable and may not none shall
  599  impose any requirement or restriction which is not reasonably
  600  necessary to effectuate the purposes of this chapter. In
  601  determining what regulations it may adopt, each political
  602  subdivision and joint airport zoning board shall consider, among
  603  other things, the character of the flying operations expected to
  604  be conducted at the airport, the nature of the terrain within
  605  the airport hazard area and runway protection clear zones, the
  606  character of the neighborhood, the uses to which the property to
  607  be zoned is put and adaptable, and the impact of any new use,
  608  activity, or construction on the airport’s operating capability
  609  and capacity.
  610         (2) INDEPENDENT JUSTIFICATION.—The purpose of all airport
  611  zoning regulations adopted under this chapter is to provide both
  612  airspace protection and land uses use compatible with airport
  613  operations. Each aspect of this purpose requires independent
  614  justification in order to promote the public interest in safety,
  615  health, and general welfare. Specifically, construction in a
  616  runway protection clear zone which does not exceed airspace
  617  height restrictions is not conclusive evidence per se that such
  618  use, activity, or construction is compatible with airport
  619  operations.
  620         (3) NONCONFORMING USES.—An No airport protection zoning
  621  regulation regulations adopted under this chapter may not shall
  622  require the removal, lowering, or other change or alteration of
  623  any obstruction structure or tree not conforming to the
  624  regulation regulations when adopted or amended, or otherwise
  625  interfere with the continuance of any nonconforming use, except
  626  as provided in s. 333.07(1) and (3).
  628  LOCAL GOVERNMENTS.—An airport master plan shall be prepared by
  629  each public-use publicly owned and operated airport licensed by
  630  the department of Transportation under chapter 330. The
  631  authorized entity having responsibility for governing the
  632  operation of the airport, when either requesting from or
  633  submitting to a state or federal governmental agency with
  634  funding or approval jurisdiction a “finding of no significant
  635  impact,” an environmental assessment, a site-selection study, an
  636  airport master plan, or any amendment to an airport master plan,
  637  shall submit simultaneously a copy of said request, submittal,
  638  assessment, study, plan, or amendments by certified mail to all
  639  affected local governments. As used in For the purposes of this
  640  subsection, the term “affected local government” is defined as
  641  any municipality city or county having jurisdiction over the
  642  airport and any municipality city or county located within 2
  643  miles of the boundaries of the land subject to the airport
  644  master plan.
  645         Section 9. Section 333.065, Florida Statutes, is repealed.
  646         Section 10. Section 333.07, Florida Statutes, is amended to
  647  read:
  648         333.07 Local government permitting of airspace obstructions
  649  Permits and variances.—
  650         (1) PERMITS.—
  651         (a) A person proposing to construct, alter, or allow an
  652  airport obstruction in an airport hazard area in violation of
  653  the airport protection zoning regulations adopted under this
  654  chapter must apply for a permit. A Any airport zoning
  655  regulations adopted under this chapter may require that a permit
  656  be obtained before any new structure or use may be constructed
  657  or established and before any existing use or structure may be
  658  substantially changed or substantially altered or repaired. In
  659  any event, however, all such regulations shall provide that
  660  before any nonconforming structure or tree may be replaced,
  661  substantially altered or repaired, rebuilt, allowed to grow
  662  higher, or replanted, a permit must be secured from the
  663  administrative agency authorized to administer and enforce the
  664  regulations, authorizing such replacement, change, or repair. No
  665  permit may not shall be issued if it granted that would allow
  666  the establishment or creation of an airport hazard or if it
  667  would permit a nonconforming obstruction structure or tree or
  668  nonconforming use to be made or become higher or to become a
  669  greater hazard to air navigation than it was when the applicable
  670  airport protection zoning regulation was adopted which allowed
  671  the establishment or creation of the obstruction, or than it is
  672  when the application for a permit is made.
  673         (b) If Whenever the political subdivision or its
  674  administrative agency determines that a nonconforming
  675  obstruction use or nonconforming structure or tree has been
  676  abandoned or is more than 80 percent torn down, destroyed,
  677  deteriorated, or decayed, a no permit may not shall be granted
  678  if it that would allow the obstruction said structure or tree to
  679  exceed the applicable height limit or otherwise deviate from the
  680  airport protection zoning regulations.; and, Whether or not an
  681  application is made for a permit under this subsection or not,
  682  the said agency may by appropriate action, compel the owner of
  683  the nonconforming obstruction may be required structure or tree,
  684  at his or her own expense, to lower, remove, reconstruct, alter,
  685  or equip such obstruction object as may be necessary to conform
  686  to the current airport protection zoning regulations. If the
  687  owner of the nonconforming obstruction neglects or refuses
  688  structure or tree shall neglect or refuse to comply with such
  689  requirement order for 10 days after notice thereof, the
  690  administrative said agency may report the violation to the
  691  political subdivision involved therein, which subdivision,
  692  through its appropriate agency, may proceed to have the
  693  obstruction object so lowered, removed, reconstructed, altered,
  694  or equipped, and assess the cost and expense thereof upon the
  695  owner of the obstruction object or the land whereon it is or was
  696  located, and, unless such an assessment is paid within 90 days
  697  from the service of notice thereof on the owner or the owner’s
  698  agent, of such object or land, the sum shall be a lien on said
  699  land, and shall bear interest thereafter at the rate of 6
  700  percent per annum until paid, and shall be collected in the same
  701  manner as taxes on real property are collected by said political
  702  subdivision, or, at the option of said political subdivision,
  703  said lien may be enforced in the manner provided for enforcement
  704  of liens by chapter 85.
  705         (c) Except as provided herein, applications for permits
  706  shall be granted, provided the matter applied for meets the
  707  provisions of this chapter and the regulations adopted and in
  708  force hereunder.
  710  determining whether to issue or deny a permit, the political
  711  subdivision or its administrative agency must consider the
  712  following, as applicable:
  713         (a) The safety of persons on the ground and in the air.
  714         (b) The safe and efficient use of navigable airspace.
  715         (c) The nature of the terrain and height of existing
  716  structures.
  717         (d) The effect of the construction or alteration on the
  718  state licensing standards for a public-use airport contained in
  719  chapter 330 and rules adopted thereunder.
  720         (e) The character of existing and planned flight operations
  721  and developments at public-use airports.
  722         (f) Federal airways, visual flight rules, flyways and
  723  corridors, and instrument approaches as designated by the
  724  Federal Aviation Administration.
  725         (g) The effect of the construction or alteration of the
  726  proposed structure on the minimum descent altitude or the
  727  decision height at the affected airport.
  728         (h) The cumulative effects on navigable airspace of all
  729  existing structures and all other known proposed structures in
  730  the area.
  731         (i) Additional requirements adopted by the political
  732  subdivision or administrative agency pertinent to evaluation and
  733  protection of airspace and airport operations.
  734         (2) VARIANCES.—
  735         (a) Any person desiring to erect any structure, increase
  736  the height of any structure, permit the growth of any tree, or
  737  otherwise use his or her property in violation of the airport
  738  zoning regulations adopted under this chapter or any land
  739  development regulation adopted pursuant to the provisions of
  740  chapter 163 pertaining to airport land use compatibility, may
  741  apply to the board of adjustment for a variance from the zoning
  742  regulations in question. At the time of filing the application,
  743  the applicant shall forward to the department by certified mail,
  744  return receipt requested, a copy of the application. The
  745  department shall have 45 days from receipt of the application to
  746  comment and to provide its comments or waiver of that right to
  747  the applicant and the board of adjustment. The department shall
  748  include its explanation for any objections stated in its
  749  comments. If the department fails to provide its comments within
  750  45 days of receipt of the application, its right to comment is
  751  waived. The board of adjustment may proceed with its
  752  consideration of the application only upon the receipt of the
  753  department’s comments or waiver of that right as demonstrated by
  754  the filing of a copy of the return receipt with the board.
  755  Noncompliance with this section shall be grounds to appeal
  756  pursuant to s. 333.08 and to apply for judicial relief pursuant
  757  to s. 333.11. Such variances may only be allowed where a literal
  758  application or enforcement of the regulations would result in
  759  practical difficulty or unnecessary hardship and where the
  760  relief granted would not be contrary to the public interest but
  761  would do substantial justice and be in accordance with the
  762  spirit of the regulations and this chapter. However, any
  763  variance may be allowed subject to any reasonable conditions
  764  that the board of adjustment may deem necessary to effectuate
  765  the purposes of this chapter.
  766         (b) The Department of Transportation shall have the
  767  authority to appeal any variance granted under this chapter
  768  pursuant to s. 333.08, and to apply for judicial relief pursuant
  769  to s. 333.11.
  771         (a) In issuing a granting any permit or variance under this
  772  section, the political subdivision or its administrative agency
  773  or board of adjustment shall require the owner of the
  774  obstruction structure or tree in question to install, operate,
  775  and maintain thereon, at his or her own expense, such marking
  776  and lighting in conformance with the specific standards
  777  established by the Federal Aviation Administration as may be
  778  necessary to indicate to aircraft pilots the presence of an
  779  obstruction.
  780         (b) Such marking and lighting shall conform to the specific
  781  standards established by rule by the Department of
  782  Transportation.
  783         (c) Existing structures not in compliance on October 1,
  784  1988, shall be required to comply whenever the existing marking
  785  requires refurbishment, whenever the existing lighting requires
  786  replacement, or within 5 years of October 1, 1988, whichever
  787  occurs first.
  788         Section 11. Section 333.08, Florida Statutes, is repealed.
  789         Section 12. Section 333.09, Florida Statutes, is amended to
  790  read:
  791         333.09 Administration of airport protection zoning
  792  regulations.—
  793         (1) ADMINISTRATION.—All airport protection zoning
  794  regulations adopted under this chapter shall provide for the
  795  administration and enforcement of such regulations by the
  796  political subdivision or its administrative agency an
  797  administrative agency which may be an agency created by such
  798  regulations or any official, board, or other existing agency of
  799  the political subdivision adopting the regulations or of one of
  800  the political subdivisions which participated in the creation of
  801  the joint airport zoning board adopting the regulations, if
  802  satisfactory to that political subdivision, but in no case shall
  803  such administrative agency be or include any member of the board
  804  of adjustment. The duties of any administrative agency
  805  designated pursuant to this chapter must shall include that of
  806  hearing and deciding all permits under s. 333.07 s. 333.07(1),
  807  deciding all matters under s. 333.07(3), as they pertain to such
  808  agency, and all other matters under this chapter applying to
  809  said agency, but such agency shall not have or exercise any of
  810  the powers herein delegated to the board of adjustment.
  811         (2) LOCAL GOVERNMENT PROCESS.—
  812         (a) A political subdivision required to adopt airport
  813  zoning regulations under this chapter shall provide a process
  814  to:
  815         1. Issue or deny permits consistent with s. 333.07.
  816         2. Provide the department with a copy of a complete
  817  application consistent with s. 333.025(4).
  818         3. Enforce the issuance or denial of a permit or other
  819  determination made by the administrative agency with respect to
  820  airport zoning regulations.
  821         (b) If a zoning board or permitting body already exists
  822  within a political subdivision, the zoning board or permitting
  823  body may implement the airport zoning regulation permitting and
  824  appeals processes.
  825         (3) APPEALS.—
  826         (a) A person, a political subdivision or its administrative
  827  agency, or a joint airport zoning board that contends a decision
  828  made by a political subdivision or its administrative agency is
  829  an improper application of airport zoning regulations may use
  830  the process established for an appeal.
  831         (b) All appeals taken under this section must be taken
  832  within a reasonable time, as provided by the political
  833  subdivision or its administrative agency, by filing with the
  834  entity from which the appeal is taken a notice of appeal
  835  specifying the grounds for appeal.
  836         (c) An appeal shall stay all proceedings in the underlying
  837  action appealed from, unless the entity from which the appeal is
  838  taken certifies pursuant to the rules for appeal that by reason
  839  of the facts stated in the certificate a stay would, in its
  840  opinion, cause imminent peril to life or property. In such
  841  cases, proceedings may not be stayed except by order of the
  842  political subdivision or its administrative agency on notice to
  843  the entity from which the appeal is taken and for good cause
  844  shown.
  845         (d) The political subdivision or its administrative agency
  846  shall set a reasonable time for the hearing of appeals, give
  847  public notice and due notice to the parties in interest, and
  848  decide the same within a reasonable time. Upon the hearing, any
  849  party may appear in person, by agent, or by attorney.
  850         (e) The political subdivision or its administrative agency
  851  may, in conformity with this chapter, affirm, reverse, or modify
  852  the decision on the permit or other determination from which the
  853  appeal is taken.
  854         Section 13. Section 333.10, Florida Statutes, is repealed.
  855         Section 14. Section 333.11, Florida Statutes, is amended to
  856  read:
  857         333.11 Judicial review.—
  858         (1) Any person, aggrieved, or taxpayer affected, by any
  859  decision of a board of adjustment, or any governing body of a
  860  political subdivision, or the Department of Transportation or
  861  any joint airport zoning board affected by a decision of a
  862  political subdivision, or its of any administrative agency
  863  hereunder, may apply for judicial relief to the circuit court in
  864  the judicial circuit where the political subdivision board of
  865  adjustment is located within 30 days after rendition of the
  866  decision by the board of adjustment. Review shall be by petition
  867  for writ of certiorari, which shall be governed by the Florida
  868  Rules of Appellate Procedure.
  869         (2) Upon presentation of such petition to the court, it may
  870  allow a writ of certiorari, directed to the board of adjustment,
  871  to review such decision of the board. The allowance of the writ
  872  shall not stay the proceedings upon the decision appealed from,
  873  but the court may, on application, on notice to the board, on
  874  due hearing and due cause shown, grant a restraining order.
  875         (3) The board of adjustment shall not be required to return
  876  the original papers acted upon by it, but it shall be sufficient
  877  to return certified or sworn copies thereof or of such portions
  878  thereof as may be called for by the writ. The return shall
  879  concisely set forth such other facts as may be pertinent and
  880  material to show the grounds of the decision appealed from and
  881  shall be verified.
  882         (2)(4) The court has shall have exclusive jurisdiction to
  883  affirm, reverse, or modify, or set aside the decision on the
  884  permit or other determination from which the appeal is taken
  885  brought up for review, in whole or in part, and, if appropriate
  886  need be, to order further proceedings by the political
  887  subdivision or its administrative agency board of adjustment.
  888  The findings of fact by the political subdivision or its
  889  administrative agency board, if supported by substantial
  890  evidence, shall be accepted by the court as conclusive, and an
  891  no objection to a decision of the political subdivision or its
  892  administrative agency may not board shall be considered by the
  893  court unless such objection was raised in the underlying
  894  proceeding shall have been urged before the board, or, if it was
  895  not so urged, unless there were reasonable grounds for failure
  896  to do so.
  897         (3)(5)If In any case in which airport zoning regulations
  898  adopted under this chapter, although generally reasonable, are
  899  held by a court to interfere with the use and enjoyment of a
  900  particular structure or parcel of land to such an extent, or to
  901  be so onerous in their application to such a structure or parcel
  902  of land, as to constitute a taking or deprivation of that
  903  property in violation of the State Constitution or the
  904  Constitution of the United States, such holding shall not affect
  905  the application of such regulations to other structures and
  906  parcels of land, or such regulations as are not involved in the
  907  particular decision.
  908         (4)(6)A judicial No appeal to any court may not shall be
  909  or is permitted under this section until the appellant has
  910  exhausted all of its remedies through application for local
  911  government permits, exceptions, and appeals, to any courts, as
  912  herein provided, save and except an appeal from a decision of
  913  the board of adjustment, the appeal herein provided being from
  914  such final decision of such board only, the appellant being
  915  hereby required to exhaust his or her remedies hereunder of
  916  application for permits, exceptions and variances, and appeal to
  917  the board of adjustment, and gaining a determination by said
  918  board, before being permitted to appeal to the court hereunder.
  919         Section 15. Section 333.12, Florida Statutes, is amended to
  920  read:
  921         333.12 Acquisition of air rights.—If In any case which: it
  922  is desired to remove, lower or otherwise terminate a
  923  nonconforming obstruction is determined to be an airport hazard
  924  and the owner will not remove, lower, or otherwise eliminate it
  925  structure or use; or the approach protection necessary cannot,
  926  because of constitutional limitations, be provided by airport
  927  zoning regulations under this chapter; or it appears advisable
  928  that the necessary approach protection be provided by
  929  acquisition of property rights rather than by airport zoning
  930  regulations, the political subdivision within which the property
  931  or nonconforming obstruction use is located, or the political
  932  subdivision owning or operating the airport or being served by
  933  it, may acquire, by purchase, grant, or condemnation in the
  934  manner provided by chapter 73, such property, air right,
  935  avigation navigation easement, or other estate, portion, or
  936  interest in the property or nonconforming obstruction structure
  937  or use or such interest in the air above such property, tree,
  938  structure, or use, in question, as may be necessary to
  939  effectuate the purposes of this chapter, and in so doing, if by
  940  condemnation, to have the right to take immediate possession of
  941  the property, interest in property, air right, or other right
  942  sought to be condemned, at the time, and in the manner and form,
  943  and as authorized by chapter 74. In the case of the purchase of
  944  any property, or any easement, or estate or interest therein or
  945  the acquisition of the same by the power of eminent domain, the
  946  political subdivision making such purchase or exercising such
  947  power shall, in addition to the damages for the taking, injury,
  948  or destruction of property, also pay the cost of the removal and
  949  relocation of any structure or any public utility that which is
  950  required to be moved to a new location.
  951         Section 16. Section 333.13, Florida Statutes, is amended to
  952  read:
  953         333.13 Enforcement and remedies.—
  954         (1) Each violation of this chapter or of any airport zoning
  955  regulations, orders, or rulings adopted promulgated or made
  956  pursuant to this chapter shall constitute a misdemeanor of the
  957  second degree, punishable as provided in s. 775.082 or s.
  958  775.083, and each day a violation continues to exist shall
  959  constitute a separate offense.
  960         (2) In addition, the political subdivision or agency
  961  adopting the airport zoning regulations under this chapter may
  962  institute in any court of competent jurisdiction an action to
  963  prevent, restrain, correct, or abate any violation of this
  964  chapter or of airport zoning regulations adopted under this
  965  chapter or of any order or ruling made in connection with their
  966  administration or enforcement, and the court shall adjudge to
  967  the plaintiff such relief, by way of injunction, (which may be
  968  mandatory,) or otherwise, as may be proper under all the facts
  969  and circumstances of the case in order to fully effectuate the
  970  purposes of this chapter and of the regulations adopted and
  971  orders and rulings made pursuant thereto.
  972         (3) The department of Transportation may institute a civil
  973  action for injunctive relief in the appropriate circuit court to
  974  prevent violation of any provision of this chapter.
  975         Section 17. Section 333.135, Florida Statutes, is created
  976  to read:
  977         333.135 Transition provisions.—
  978         (1) Any airport zoning regulation in effect on July 1,
  979  2016, which includes provisions in conflict with this chapter
  980  shall be amended to conform to the requirements of this chapter
  981  by July 1, 2017.
  982         (2) Any political subdivision having an airport within its
  983  territorial limits which has not adopted airport zoning
  984  regulations shall, by July 1, 2017, adopt airport zoning
  985  regulations consistent with this chapter.
  986         (3) For those political subdivisions that have not yet
  987  adopted airport zoning regulations pursuant to this chapter, the
  988  department shall administer the permitting process as provided
  989  in s. 333.025.
  990         Section 18. Section 333.14, Florida Statutes, is repealed.
  991         Section 19. This act shall take effect July 1, 2016.