CS for SB 1508                                  Second Engrossed
    1                        A bill to be entitled                      
    2         An act relating to the Airport Zoning Law of 1945;
    3         amending s. 333.01, F.S.; revising and providing
    4         definitions; amending s. 333.025, F.S.; revising
    5         requirements for a permit to construct or alter an
    6         obstruction; revising procedures for issuing such
    7         permit; revising duties of the Department of
    8         Transportation relating to issuance of the permit;
    9         providing for administrative review of a denial of a
   10         permit; amending s. 333.03, F.S.; revising
   11         requirements and procedures for certain local
   12         political subdivisions to adopt and enforce airport
   13         zoning regulations; directing the department to
   14         provide assistance to political subdivisions with
   15         regard to federal obstruction standards; providing
   16         minimum requirements for airport land use
   17         compatibility zoning regulations; directing political
   18         subdivisions to provide the department with copies of
   19         airport protection zoning regulations and airport land
   20         use compatibility zoning regulations; providing
   21         applicability and effect; amending s. 333.04, F.S.;
   22         revising provisions for incorporation of zoning
   23         regulations with a political subdivision’s
   24         comprehensive regulations; revising provisions for a
   25         conflict between airport zoning regulations and other
   26         regulations; amending s. 333.05, F.S.; revising
   27         procedure for adoption of zoning regulations; revising
   28         provisions relating to an airport zoning commission;
   29         amending s. 333.06, F.S.; revising airport zoning
   30         regulation requirements; revising requirements for
   31         adoption of an airport master plan and amendments
   32         thereto; amending s. 333.07, F.S.; requiring a permit
   33         to construct, alter, or allow an airport obstruction
   34         in an airport hazard area under certain circumstances;
   35         providing conditions for issuance or denial of such
   36         permit; revising provisions to compel conformance;
   37         removing provisions for obtaining a variance to zoning
   38         regulations; removing reference to a board of
   39         adjustment; revising provisions directing a political
   40         subdivision to require an owner to install and
   41         maintain certain lighting or marking of obstructions;
   42         amending s. 333.09, F.S.; revising requirements for
   43         administration of airport protection zoning
   44         regulations; requiring the political subdivision to
   45         provide a process for permitting, notifications to the
   46         department, and enforcement; providing for appeal of
   47         decisions made by the political subdivision; amending
   48         s. 333.11, F.S.; revising provisions for judicial
   49         review of decisions by a political subdivision;
   50         revising jurisdiction of the court relating to
   51         decisions of the political subdivision; removing
   52         reference to a board of adjustment; requiring certain
   53         procedures before an appeal to a court; amending s.
   54         333.12, F.S.; revising provisions for acquisition of
   55         property when a nonconforming obstruction is
   56         determined to be an airport hazard; amending s.
   57         333.13, F.S.; revising penalty provisions; creating s.
   58         333.135, F.S.; providing a timeframe for compliance by
   59         political subdivisions; repealing ss. 333.065, 333.08,
   60         333.10, and 333.14, F.S., relating to guidelines
   61         regarding land use near airports, appeals, boards of
   62         adjustment, and a short title; reenacting s.
   63         350.81(6), F.S., relating to communications services
   64         offered by governmental entities, to incorporate the
   65         amendment made by the act to s. 333.01, F.S., in a
   66         reference thereto; providing an effective date.
   68  Be It Enacted by the Legislature of the State of Florida:
   70         Section 1. Section 333.01, Florida Statutes, is amended to
   71  read:
   72         333.01 Definitions.—As used in For the purpose of this
   73  chapter, the term following words, terms, and phrases shall have
   74  the meanings herein given, unless otherwise specifically
   75  defined, or unless another intention clearly appears, or the
   76  context otherwise requires:
   77         (1) “Aeronautical study” means a Federal Aviation
   78  Administration study, conducted in accordance with the standards
   79  of 14 C.F.R. part 77, subpart C, and Federal Aviation
   80  Administration policy and guidance, on the effect of proposed
   81  construction or alteration on the operation of air navigation
   82  facilities and the safe and efficient use of navigable airspace
   83  “Aeronautics” means transportation by aircraft; the operation,
   84  construction, repair, or maintenance of aircraft, aircraft power
   85  plants and accessories, including the repair, packing, and
   86  maintenance of parachutes; the design, establishment,
   87  construction, extension, operation, improvement, repair, or
   88  maintenance of airports, restricted landing areas, or other air
   89  navigation facilities, and air instruction.
   90         (2) “Airport” means any area of land or water designed and
   91  set aside for the landing and taking off of aircraft and
   92  utilized or to be utilized in the interest of the public for
   93  such purpose.
   94         (3) “Airport hazard” means an obstruction to air navigation
   95  that affects the safe and efficient use of navigable airspace or
   96  the operation of planned or existing air navigation and
   97  communication facilities any structure or tree or use of land
   98  which would exceed the federal obstruction standards as
   99  contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29
  100  and which obstructs the airspace required for the flight of
  101  aircraft in taking off, maneuvering, or landing or is otherwise
  102  hazardous to such taking off, maneuvering, or landing of
  103  aircraft and for which no person has previously obtained a
  104  permit or variance pursuant to s. 333.025 or s. 333.07.
  105         (4) “Airport hazard area” means any area of land or water
  106  upon which an airport hazard might be established if not
  107  prevented as provided in this chapter.
  108         (5) “Airport land use compatibility zoning” means airport
  109  zoning regulations governing restricting the use of land on,
  110  adjacent to, or in the immediate vicinity of airports in the
  111  manner enumerated in s. 333.03(2) to activities and purposes
  112  compatible with the continuation of normal airport operations
  113  including landing and takeoff of aircraft in order to promote
  114  public health, safety, and general welfare.
  115         (6) “Airport layout plan” means a set of scaled drawings
  116  that provides a graphic representation of the existing and
  117  future development plan for the airport and demonstrates the
  118  preservation and continuity of safety, utility, and efficiency
  119  of the airport detailed, scale engineering drawing, including
  120  pertinent dimensions, of an airport’s current and planned
  121  facilities, their locations, and runway usage.
  122         (7) “Airport master plan” means a comprehensive plan of an
  123  airport which typically describes current and future plans for
  124  airport development designed to support existing and future
  125  aviation demand.
  126         (8) “Airport protection zoning regulations” means airport
  127  zoning regulations governing airport hazards.
  128         (9) “Department” means the Department of Transportation.
  129         (10) “Educational facility” means any structure, land, or
  130  use thereof that includes a public or private K-12 school,
  131  charter school, magnet school, college campus, or university
  132  campus. The term does not include space used for educational
  133  purposes within a multi-tenant building.
  134         (11) “Landfill” has the same meaning as provided in s.
  135  403.703.
  136         (12)(7) “Obstruction” means any object of natural growth or
  137  terrain, or permanent or temporary construction or alteration,
  138  including equipment or materials used and any permanent or
  139  temporary apparatus, or alteration of any permanent or temporary
  140  existing structure by a change in its height, including
  141  appurtenances, or lateral dimensions, including equipment or
  142  material used therein, existing or proposed, which exceeds
  143  manmade object or object of natural growth or terrain that
  144  violates the federal obstruction standards contained in 14
  145  C.F.R. part 77, subpart C ss. 77.21, 77.23, 77.25, 77.28, and
  146  77.29.
  147         (13)(8) “Person” means any individual, firm, copartnership,
  148  corporation, company, association, joint-stock association, or
  149  body politic, and includes any trustee, receiver, assignee, or
  150  other similar representative thereof.
  151         (14)(9) “Political subdivision” means the local government
  152  of any county, city, town, village, or other subdivision or
  153  agency thereof, or any district or special district, port
  154  commission, port authority, or other such agency authorized to
  155  establish or operate airports in the state.
  156         (15) “Public-use airport” means an airport, publicly or
  157  privately owned, licensed by the state, which is open for use by
  158  the public.
  159         (16)(10) “Runway protection clear zone” means an area at
  160  ground level beyond the runway end to enhance the safety and
  161  protection of people and property on the ground a runway clear
  162  zone as defined in 14 C.F.R. s. 151.9(b).
  163         (17)(11) “Structure” means any object, constructed,
  164  erected, altered, or installed by humans, including, but without
  165  limitation thereof, buildings, towers, smokestacks, utility
  166  poles, power generation equipment, and overhead transmission
  167  lines.
  168         (18) “Substantial modification” means any repair,
  169  reconstruction, rehabilitation, or improvement of a structure
  170  the actual cost of which equals or exceeds 50 percent of the
  171  market value of the structure.
  172         (12) “Tree” includes any plant of the vegetable kingdom.
  173         Section 2. Section 333.025, Florida Statutes, is amended to
  174  read:
  175         333.025 Permit required for obstructions structures
  176  exceeding federal obstruction standards.—
  177         (1) A person proposing the construction or alteration of an
  178  obstruction shall obtain a permit from the department In order
  179  to prevent the erection of structures dangerous to air
  180  navigation, subject to the provisions of subsections (2), (3),
  181  and (4), each person shall secure from the Department of
  182  Transportation a permit for the erection, alteration, or
  183  modification of any structure the result of which would exceed
  184  the federal obstruction standards as contained in 14 C.F.R. ss.
  185  77.21, 77.23, 77.25, 77.28, and 77.29. However, permits from the
  186  department are of Transportation will be required only within an
  187  airport hazard area where federal obstruction standards are
  188  exceeded and if the proposed construction or alteration is
  189  within a 10-nautical-mile radius of the airport reference point,
  190  located at the approximate geometric geographical center of all
  191  usable runways of a public-use airport or a publicly owned or
  192  operated airport, a military airport, or an airport licensed by
  193  the state for public use.
  194         (2) Existing, planned, and proposed Affected airports will
  195  be considered as having those facilities on public-use airports
  196  contained in an which are shown on the airport master plan, on
  197  or an airport layout plan submitted to the Federal Aviation
  198  Administration Airport District Office, or in comparable
  199  military documents shall, and will be so protected from airport
  200  hazards. Planned or proposed public-use airports which are the
  201  subject of a notice or proposal submitted to the Federal
  202  Aviation Administration or to the Department of Transportation
  203  shall also be protected.
  204         (3) A permit is not required for existing structures that
  205  requirements of subsection (1) shall not apply to projects which
  206  received construction permits from the Federal Communications
  207  Commission for structures exceeding federal obstruction
  208  standards before prior to May 20, 1975, and a permit is not
  209  required for provided such structures now exist; nor shall it
  210  apply to previously approved structures now existing, or any
  211  necessary replacement or repairs to such existing structures
  212  provided, so long as the height and location are is unchanged.
  213         (4) When political subdivisions have, in compliance with
  214  this chapter, adopted adequate airport airspace protection
  215  zoning regulations, placed in compliance with s. 333.03, and
  216  such regulations are on file with the department’s Aviation and
  217  Spaceports Office Department of Transportation, and established
  218  a permitting process, a permit for such structure is shall not
  219  be required from the department of Transportation. Upon receipt
  220  of a complete permit application, the local government shall
  221  provide a copy of the application to the department’s Aviation
  222  and Spaceports Office by certified mail, return receipt
  223  requested, or by delivery service that provides a receipt
  224  evidencing delivery. To evaluate technical consistency with this
  225  subsection, the department has a 15-day review period following
  226  receipt of the application, which runs concurrently with the
  227  local government permitting process. Cranes, construction
  228  equipment, and other temporary structures in use or in place for
  229  a period not to exceed 18 consecutive months are exempt from
  230  department review unless such review is requested by the
  231  department.
  232         (5) The department of Transportation shall, within 30 days
  233  after of the receipt of an application for a permit, issue or
  234  deny a permit for the construction or erection, alteration, or
  235  modification of an obstruction. The department shall review
  236  permit applications in conformity with s. 120.60 any structure
  237  the result of which would exceed federal obstruction standards
  238  as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and
  239  77.29.
  240         (6) In determining whether to issue or deny a permit, the
  241  department shall consider:
  242         (a) The safety of persons on the ground and in the air.
  243         (b) The safe and efficient use of navigable airspace.
  244         (c)(a) The nature of the terrain and height of existing
  245  structures.
  246         (d) The effect of the construction or alteration of an
  247  obstruction on the state licensing standards for a public-use
  248  airport contained in chapter 330 and rules adopted thereunder.
  249         (b) Public and private interests and investments.
  250         (e)(c) The character of existing and planned flight flying
  251  operations and planned developments at public-use of airports.
  252         (f)(d) Federal airways, visual flight rules, flyways and
  253  corridors, and instrument approaches as designated by the
  254  Federal Aviation Administration.
  255         (g)(e)The effect of Whether the construction or alteration
  256  of an obstruction on of the proposed structure would cause an
  257  increase in the minimum descent altitude or the decision height
  258  at the affected airport.
  259         (f) Technological advances.
  260         (g) The safety of persons on the ground and in the air.
  261         (h) Land use density.
  262         (i) The safe and efficient use of navigable airspace.
  263         (h)(j) The cumulative effects on navigable airspace of all
  264  existing obstructions structures, proposed structures identified
  265  in the applicable jurisdictions’ comprehensive plans, and all
  266  other known proposed obstructions structures in the area.
  267         (7) When issuing a permit under this section, the
  268  department of Transportation shall, as a specific condition of
  269  such permit, require the owner of the obstruction to install,
  270  operate, and maintain thereon, at the owner’s expense, marking
  271  and lighting in conformance with the specific standards
  272  established by the Federal Aviation Administration of the
  273  permitted structure as provided in s. 333.07(3)(b).
  274         (8) The department may of Transportation shall not approve
  275  a permit for the construction or alteration of an obstruction
  276  erection of a structure unless the applicant submits both
  277  documentation showing compliance with the federal requirement
  278  for notification of proposed construction or alteration and a
  279  valid aeronautical study. A evaluation, and no permit may not
  280  shall be approved solely because the Federal Aviation
  281  Administration determines that the proposed obstruction is not
  282  an airport hazard on the basis that such proposed structure will
  283  not exceed federal obstruction standards as contained in 14
  284  C.F.R. ss. 77.21, 77.23, 77.25, 77.28, or 77.29, or any other
  285  federal aviation regulation.
  286         (9) The denial of a permit under this section is subject to
  287  administrative review under chapter 120.
  288         Section 3. Section 333.03, Florida Statutes, is amended to
  289  read:
  290         333.03 Power to adopt Airport protection zoning
  291  regulations.—
  292         (1)(a) In order to prevent the creation or establishment of
  293  airport hazards, Every political subdivision having an airport
  294  hazard area within its territorial limits shall, by October 1,
  295  1977, adopt, administer, and enforce, under the police power and
  296  in the manner and upon the conditions hereinafter prescribed in
  297  this section, airport protection zoning regulations for such
  298  airport hazard area.
  299         (b) When Where an airport is owned or controlled by a
  300  political subdivision and any other political subdivision has
  301  land upon which an obstruction may be constructed or altered,
  302  which land underlies any of the surfaces of the airport
  303  described in 14 C.F.R. part 77, subpart C, the political
  304  subdivisions airport hazard area appertaining to such airport is
  305  located wholly or partly outside the territorial limits of said
  306  political subdivision, the political subdivision owning or
  307  controlling the airport and the political subdivision within
  308  which the airport hazard area is located, shall either:
  309         1. By interlocal agreement, in accordance with the
  310  provisions of chapter 163, adopt, administer, and enforce a set
  311  of airport protection zoning regulations applicable to the
  312  airport hazard area in question; or
  313         2. By ordinance, regulation, or resolution duly adopted,
  314  create a joint airport protection zoning board that, which board
  315  shall have the same power to adopt, administer, and enforce a
  316  set of airport protection zoning regulations applicable to the
  317  airport hazard area in question as that vested in paragraph (a)
  318  in the political subdivision within which such area is located.
  319  The Each such joint airport protection zoning board shall have
  320  as voting members two representatives appointed by each
  321  participating political subdivision participating in its
  322  creation and in addition a chair elected by a majority of the
  323  members so appointed. However, The airport manager or a
  324  representative of each airport in managers of the participating
  325  affected political subdivisions shall serve on the board in a
  326  nonvoting capacity.
  327         (c) Airport protection zoning regulations adopted under
  328  paragraph (a) shall, at as a minimum, require:
  329         1. A permit variance for the construction or erection,
  330  alteration, or modification of any obstruction structure which
  331  would cause the structure to exceed the federal obstruction
  332  standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
  333  77.28, and 77.29;
  334         2. Obstruction Marking and lighting for obstructions
  335  structures as specified in s. 333.07(3);
  336         3. Documentation showing compliance with the federal
  337  requirement for notification of proposed construction or
  338  alteration of structures and a valid aeronautical study
  339  evaluation submitted by each person applying for a permit
  340  variance;
  341         4. Consideration of the criteria in s. 333.025(6), when
  342  determining whether to issue or deny a permit variance; and
  343         5. That a permit may not no variance shall be approved
  344  solely because the Federal Aviation Administration determines
  345  that the proposed obstruction is not an airport hazard on the
  346  basis that such proposed structure will not exceed federal
  347  obstruction standards as contained in 14 C.F.R. ss. 77.21,
  348  77.23, 77.25, 77.28, or 77.29, or any other federal aviation
  349  regulation.
  350         (d) The department shall be available to provide assistance
  351  to political subdivisions with regard to issue copies of the
  352  federal obstruction standards as contained in 14 C.F.R. ss.
  353  77.21, 77.23, 77.25, 77.28, and 77.29 to each political
  354  subdivision having airport hazard areas and, in cooperation with
  355  political subdivisions, shall issue appropriate airport zoning
  356  maps depicting within each county the maximum allowable height
  357  of any structure or tree. Material distributed pursuant to this
  358  subsection shall be at no cost to authorized recipients.
  359         (2) In the manner provided in subsection (1), political
  360  subdivisions shall adopt, administer, and enforce interim
  361  airport land use compatibility zoning regulations shall be
  362  adopted. Airport land use compatibility zoning regulations
  363  shall, at a minimum, address When political subdivisions have
  364  adopted land development regulations in accordance with the
  365  provisions of chapter 163 which address the use of land in the
  366  manner consistent with the provisions herein, adoption of
  367  airport land use compatibility regulations pursuant to this
  368  subsection shall not be required. Interim airport land use
  369  compatibility zoning regulations shall consider the following:
  370         (a) Prohibiting any new landfills and restricting any
  371  existing Whether sanitary landfills are located within the
  372  following areas:
  373         1. Within 10,000 feet from the nearest point of any runway
  374  used or planned to be used by turbine turbojet or turboprop
  375  aircraft.
  376         2. Within 5,000 feet from the nearest point of any runway
  377  used only by nonturbine piston-type aircraft.
  378         3. Outside the perimeters defined in subparagraphs 1. and
  379  2., but still within the lateral limits of the civil airport
  380  imaginary surfaces defined in 14 C.F.R. s. 77.19 part 77.25.
  381  Case-by-case review of such landfills is advised.
  382         (b) Where Whether any landfill is located and constructed
  383  so that it attracts or sustains hazardous bird movements from
  384  feeding, water, or roosting areas into, or across, the runways
  385  or approach and departure patterns of aircraft. The operator of
  386  such a landfill must be required to political subdivision shall
  387  request from the airport authority or other governing body
  388  operating the airport a report on such bird feeding or roosting
  389  areas that at the time of the request are known to the airport.
  390  In preparing its report, the authority, or other governing body,
  391  shall consider whether the landfill will incorporate bird
  392  management techniques or other practices to minimize bird
  393  hazards to airborne aircraft. The airport authority or other
  394  governing body shall respond to the political subdivision no
  395  later than 30 days after receipt of such request.
  396         (c) Where an airport authority or other governing body
  397  operating a publicly owned, public-use airport has conducted a
  398  noise study in accordance with the provisions of 14 C.F.R. part
  399  150 or where a public-use airport owner has established noise
  400  contours pursuant to another public study approved by the
  401  Federal Aviation Administration. Noncompatible land uses, as
  402  established in the noise study under Appendix A to 14 C.F.R.
  403  part 150 or as a part of an alternative public study approved by
  404  the Federal Aviation Administration, are not permitted within
  405  the noise contours established by such study, except where such
  406  land use is specifically contemplated by such study with
  407  appropriate mitigation or similar techniques described in the
  408  study, neither residential construction nor any educational
  409  facility as defined in chapter 1013, with the exception of
  410  aviation school facilities, shall be permitted within the area
  411  contiguous to the airport defined by an outer noise contour that
  412  is considered incompatible with that type of construction by 14
  413  C.F.R. part 150, Appendix A or an equivalent noise level as
  414  established by other types of noise studies.
  415         (d) Where an airport authority or other governing body
  416  operating a publicly owned, public-use airport has not conducted
  417  a noise study., neither Residential construction and nor any
  418  educational facility as defined in chapter 1013, with the
  419  exception of an aviation school facility facilities, are not
  420  shall be permitted within an area contiguous to the airport
  421  measuring one-half the length of the longest runway on either
  422  side of and at the end of each runway centerline.
  423         (e)(3)Restricting In the manner provided in subsection
  424  (1), airport zoning regulations shall be adopted which restrict
  425  new incompatible uses, activities, or substantial modifications
  426  to existing incompatible uses construction within runway
  427  protection clear zones, including uses, activities, or
  428  construction in runway clear zones which are incompatible with
  429  normal airport operations or endanger public health, safety, and
  430  welfare by resulting in congregations of people, emissions of
  431  light or smoke, or attraction of birds. Such regulations shall
  432  prohibit the construction of an educational facility of a public
  433  or private school at either end of a runway of a publicly owned,
  434  public-use airport within an area which extends 5 miles in a
  435  direct line along the centerline of the runway, and which has a
  436  width measuring one-half the length of the runway. Exceptions
  437  approving construction of an educational facility within the
  438  delineated area shall only be granted when the political
  439  subdivision administering the zoning regulations makes specific
  440  findings detailing how the public policy reasons for allowing
  441  the construction outweigh health and safety concerns prohibiting
  442  such a location.
  443         (4) The procedures outlined in subsections (1), (2), and
  444  (3) for the adoption of such regulations are supplemental to any
  445  existing procedures utilized by political subdivisions in the
  446  adoption of such regulations.
  447         (3)(5)Political subdivisions shall provide The Department
  448  of Transportation shall provide technical assistance to any
  449  political subdivision requesting assistance in the preparation
  450  of an airport zoning code. a copy of all local airport
  451  protection zoning codes, rules, and regulations and airport land
  452  use compatibility zoning regulations, together with any related
  453  amendments, to the department’s Aviation and Spaceports Office
  454  within 30 days after adoption, and amendments and proposed and
  455  granted variances thereto, shall be filed with the department.
  456         (4)(6) Nothing in Subsection (2) does not or subsection (3)
  457  shall be construed to require the removal, alteration, sound
  458  conditioning, or other change to, or to interfere with the
  459  continued use or adjacent expansion of, any educational facility
  460  structure or site in existence on July 1, 1993, or be construed
  461  to prohibit the construction of any new structure for which a
  462  site has been determined as provided in former s. 235.19, as of
  463  July 1, 1993.
  464         (5) This section does not preclude an airport authority,
  465  political subdivision or its administrative agency, or other
  466  governing body operating a public-use airport from establishing
  467  airport zoning regulations more restrictive than prescribed in
  468  this section in order to protect the health, safety, and welfare
  469  of the public in the air and on the ground.
  470         Section 4. Section 333.04, Florida Statutes, is amended to
  471  read:
  472         333.04 Comprehensive plans or policies zoning regulations;
  473  most stringent zoning regulations to prevail where conflicts
  474  occur.—
  475         (1) INCORPORATION.—If In the event that a political
  476  subdivision has adopted, or hereafter adopts, a comprehensive
  477  plan or policy that regulates zoning ordinance regulating, among
  478  other things, the height of buildings, structures, and natural
  479  objects, and uses of property, any airport zoning regulations
  480  applicable to the same area or portion thereof may be
  481  incorporated in and made a part of such comprehensive plan or
  482  policy zoning regulations, and be administered and enforced in
  483  connection therewith.
  484         (2) CONFLICT.—If there is a In the event of conflict
  485  between any airport zoning regulations adopted under this
  486  chapter and any other regulations applicable to the same area,
  487  whether the conflict be with respect to the height of structures
  488  or vegetation trees, the use of land, or any other matter, and
  489  whether such regulations were adopted by the political
  490  subdivision that which adopted the airport zoning regulations or
  491  by some other political subdivision, the more stringent
  492  limitation or requirement shall govern and prevail.
  493         Section 5. Section 333.05, Florida Statutes, is amended to
  494  read:
  495         333.05 Procedure for adoption of zoning regulations.—
  496         (1) NOTICE AND HEARING.—No Airport zoning regulations may
  497  not shall be adopted, amended, or repealed changed under this
  498  chapter except by action of the legislative body of the
  499  political subdivision or affected subdivisions in question, or
  500  the joint board provided for in s. 333.03(1)(b)2. 333.03(1)(b)
  501  by the bodies therein provided and set forth, after a public
  502  hearing on the adoption, amendment, or repeal in relation
  503  thereto, at which parties in interest and citizens shall have an
  504  opportunity to be heard. Notice of the hearing shall be
  505  published at least once a week for 2 consecutive weeks in a
  506  newspaper an official paper, or a paper of general circulation,
  507  in the political subdivision or subdivisions where in which are
  508  located the airport zoning regulations are areas to be adopted,
  509  amended, or deleted zoned.
  510         (2) AIRPORT ZONING COMMISSION.—Before Prior to the initial
  511  zoning of any airport area under this chapter, the political
  512  subdivision or joint airport zoning board that which is to
  513  adopt, administer, and enforce the regulations shall appoint a
  514  commission, to be known as the airport zoning commission, to
  515  recommend the boundaries of the various zones to be established
  516  and the regulations to be adopted therefor. The Such commission
  517  shall make a preliminary report and hold public hearings on the
  518  preliminary report thereon before submitting its final report.,
  519  and The legislative body of the political subdivision or the
  520  joint airport zoning board may shall not hold its public
  521  hearings or take any action until it has received the final
  522  report of the such commission, and at least 15 days have elapsed
  523  shall elapse between the receipt of the final report of the
  524  commission and the hearing to be held by the legislative body or
  525  the latter board. Where a planning city plan commission, airport
  526  commission, or comprehensive zoning commission already exists,
  527  it may be appointed as the airport zoning commission.
  528         Section 6. Section 333.06, Florida Statutes, is amended to
  529  read:
  530         333.06 Airport zoning regulation requirements.—
  531         (1) REASONABLENESS.—All airport zoning regulations adopted
  532  under this chapter shall be reasonable and none shall not impose
  533  any requirement or restriction that which is not reasonably
  534  necessary to effectuate the purposes of this chapter. In
  535  determining what regulations it may adopt, each political
  536  subdivision and joint airport zoning board shall consider, among
  537  other things, the character of the flying operations expected to
  538  be conducted at the airport, the nature of the terrain within
  539  the airport hazard area and runway protection clear zones, the
  540  character of the neighborhood, the uses to which the property to
  541  be zoned is put and adaptable, and the impact of any new use,
  542  activity, or construction on the airport’s operating capability
  543  and capacity.
  544         (2) INDEPENDENT JUSTIFICATION.—The purpose of all airport
  545  zoning regulations adopted under this chapter is to provide both
  546  airspace protection and land uses use compatible with airport
  547  operations. Each aspect of this purpose requires independent
  548  justification in order to promote the public interest in safety,
  549  health, and general welfare. Specifically, construction in a
  550  runway protection clear zone which does not exceed airspace
  551  height restrictions is not conclusive evidence per se that such
  552  use, activity, or construction is compatible with airport
  553  operations.
  554         (3) NONCONFORMING USES.—No Airport protection zoning
  555  regulations adopted under this chapter may not shall require the
  556  removal, lowering, or other change or alteration of any
  557  obstruction structure or tree not conforming to the regulations
  558  when adopted or amended, or otherwise interfere with the
  559  continuance of any nonconforming use, except as provided in s.
  560  333.07(1) and (3).
  562  LOCAL GOVERNMENTS.—An airport master plan shall be prepared by
  563  each public-use publicly owned and operated airport licensed by
  564  the department of Transportation under chapter 330. The
  565  authorized entity having responsibility for governing the
  566  operation of the airport, when either requesting from or
  567  submitting to a state or federal governmental agency with
  568  funding or approval jurisdiction a “finding of no significant
  569  impact,” an environmental assessment, a site-selection study, an
  570  airport master plan, or any amendment to an airport master plan,
  571  shall submit simultaneously a copy of said request, submittal,
  572  assessment, study, plan, or amendments by certified mail to all
  573  affected local governments. For the purposes of this subsection,
  574  “affected local government” means is defined as any city or
  575  county having jurisdiction over the airport and any city or
  576  county located within 2 miles of the boundaries of the land
  577  subject to the airport master plan.
  578         Section 7. Section 333.07, Florida Statutes, is amended to
  579  read:
  580         333.07 Local government permitting of airspace obstructions
  581  Permits and variances.—
  582         (1) PERMITS.—
  583         (a) A person proposing to construct, alter, or allow an
  584  airport obstruction in an airport hazard area in violation of
  585  the airport protection zoning regulations adopted under this
  586  chapter shall apply for a permit. A Any airport zoning
  587  regulations adopted under this chapter may require that a permit
  588  be obtained before any new structure or use may be constructed
  589  or established and before any existing use or structure may be
  590  substantially changed or substantially altered or repaired. In
  591  any event, however, all such regulations shall provide that
  592  before any nonconforming structure or tree may be replaced,
  593  substantially altered or repaired, rebuilt, allowed to grow
  594  higher, or replanted, a permit must be secured from the
  595  administrative agency authorized to administer and enforce the
  596  regulations, authorizing such replacement, change, or repair. No
  597  permit may not shall be issued granted that would allow the
  598  establishment or creation of an airport hazard or that would
  599  permit a nonconforming obstruction structure or tree or
  600  nonconforming use to be made or become higher or to become a
  601  greater hazard to air navigation than it was when the applicable
  602  airport protection zoning regulation was adopted that allowed
  603  the establishment or creation of the obstruction or than it is
  604  when the application for a permit is made.
  605         (b) Whenever the political subdivision or its
  606  administrative agency determines that a nonconforming
  607  obstruction use or nonconforming structure or tree has been
  608  abandoned or that is more than 80 percent of the obstruction is
  609  torn down, destroyed, deteriorated, or decayed, a no permit may
  610  not shall be granted that would allow the obstruction said
  611  structure or tree to exceed the applicable height limit or
  612  otherwise deviate from the airport protection zoning
  613  regulations.; and, Regardless of whether an application is made
  614  for a permit under this subsection or not, the said agency may
  615  by appropriate action, compel the owner of the nonconforming
  616  obstruction may be required structure or tree, at his or her own
  617  expense, to lower, remove, reconstruct, alter, or equip such
  618  obstruction object as may be necessary to conform to the current
  619  airport protection zoning regulations. If the owner of the
  620  nonconforming obstruction fails or refuses structure or tree
  621  shall neglect or refuse to comply with such requirement within
  622  order for 10 days after notice thereof, the administrative said
  623  agency may report the violation to the political subdivision
  624  involved therein, which subdivision, through its appropriate
  625  agency, may proceed to have the obstruction object so lowered,
  626  removed, reconstructed, altered, or equipped, and assess the
  627  cost and expense thereof upon the owner of the obstruction
  628  object or the land whereon it is or was located, and, unless
  629  such an assessment is paid within 90 days from the service of
  630  notice thereof on the owner or the owner’s agent, of such object
  631  or land, the sum shall be a lien on said land, and shall bear
  632  interest thereafter at the rate of 6 percent per annum until
  633  paid, and shall be collected in the same manner as taxes on real
  634  property are collected by said political subdivision, or, at the
  635  option of said political subdivision, said lien may be enforced
  636  in the manner provided for enforcement of liens by chapter 85.
  637         (c) Except as provided herein, applications for permits
  638  shall be granted, provided the matter applied for meets the
  639  provisions of this chapter and the regulations adopted and in
  640  force hereunder.
  642  determining whether to issue or deny a permit, the political
  643  subdivision or its administrative agency shall consider the
  644  following, as applicable:
  645         (a) The safety of persons on the ground and in the air.
  646         (b) The safe and efficient use of navigable airspace.
  647         (c) The nature of the terrain and height of existing
  648  structures.
  649         (d) The effect of the construction or alteration on the
  650  state licensing standards for a public-use airport contained in
  651  chapter 330 and rules adopted thereunder.
  652         (e) The character of existing and planned flight operations
  653  and developments at public-use airports.
  654         (f) Federal airways, visual flight rules, flyways and
  655  corridors, and instrument approaches as designated by the
  656  Federal Aviation Administration.
  657         (g) The effect of the construction or alteration of the
  658  proposed structure on the minimum descent altitude or the
  659  decision height at the affected airport.
  660         (h) The cumulative effects on navigable airspace of all
  661  existing structures and all other known proposed structures in
  662  the area.
  663         (i) Additional requirements adopted by the political
  664  subdivision or administrative agency pertinent to evaluation and
  665  protection of airspace and airport operations.
  666         (2) VARIANCES.—
  667         (a) Any person desiring to erect any structure, increase
  668  the height of any structure, permit the growth of any tree, or
  669  otherwise use his or her property in violation of the airport
  670  zoning regulations adopted under this chapter or any land
  671  development regulation adopted pursuant to the provisions of
  672  chapter 163 pertaining to airport land use compatibility, may
  673  apply to the board of adjustment for a variance from the zoning
  674  regulations in question. At the time of filing the application,
  675  the applicant shall forward to the department by certified mail,
  676  return receipt requested, a copy of the application. The
  677  department shall have 45 days from receipt of the application to
  678  comment and to provide its comments or waiver of that right to
  679  the applicant and the board of adjustment. The department shall
  680  include its explanation for any objections stated in its
  681  comments. If the department fails to provide its comments within
  682  45 days of receipt of the application, its right to comment is
  683  waived. The board of adjustment may proceed with its
  684  consideration of the application only upon the receipt of the
  685  department’s comments or waiver of that right as demonstrated by
  686  the filing of a copy of the return receipt with the board.
  687  Noncompliance with this section shall be grounds to appeal
  688  pursuant to s. 333.08 and to apply for judicial relief pursuant
  689  to s. 333.11. Such variances may only be allowed where a literal
  690  application or enforcement of the regulations would result in
  691  practical difficulty or unnecessary hardship and where the
  692  relief granted would not be contrary to the public interest but
  693  would do substantial justice and be in accordance with the
  694  spirit of the regulations and this chapter. However, any
  695  variance may be allowed subject to any reasonable conditions
  696  that the board of adjustment may deem necessary to effectuate
  697  the purposes of this chapter.
  698         (b) The Department of Transportation shall have the
  699  authority to appeal any variance granted under this chapter
  700  pursuant to s. 333.08, and to apply for judicial relief pursuant
  701  to s. 333.11.
  703         (a)When issuing a In granting any permit or variance under
  704  this section, the political subdivision or its administrative
  705  agency or board of adjustment shall require the owner of the
  706  obstruction structure or tree in question to install, operate,
  707  and maintain thereon, at the owner’s his or her own expense,
  708  such marking and lighting in conformance with the specific
  709  standards established by the Federal Aviation Administration as
  710  may be necessary to indicate to aircraft pilots the presence of
  711  an obstruction.
  712         (b) Such marking and lighting shall conform to the specific
  713  standards established by rule by the Department of
  714  Transportation.
  715         (c) Existing structures not in compliance on October 1,
  716  1988, shall be required to comply whenever the existing marking
  717  requires refurbishment, whenever the existing lighting requires
  718  replacement, or within 5 years of October 1, 1988, whichever
  719  occurs first.
  720         Section 8. Section 333.09, Florida Statutes, is amended to
  721  read:
  722         333.09 Administration of airport zoning regulations.—
  723         (1) ADMINISTRATION.—All airport zoning regulations adopted
  724  under this chapter shall provide for the administration and
  725  enforcement of such regulations by the political subdivision or
  726  its an administrative agency which may be an agency created by
  727  such regulations or any official, board, or other existing
  728  agency of the political subdivision adopting the regulations or
  729  of one of the political subdivisions which participated in the
  730  creation of the joint airport zoning board adopting the
  731  regulations, if satisfactory to that political subdivision, but
  732  in no case shall such administrative agency be or include any
  733  member of the board of adjustment. The duties of an any
  734  administrative agency designated pursuant to this chapter shall
  735  include that of hearing and deciding all permits under s. 333.07
  736  333.07(1), deciding all matters under s. 333.07(3), as they
  737  pertain to such agency, and all other matters under this chapter
  738  applying to such said agency, but such agency shall not have or
  739  exercise any of the powers herein delegated to the board of
  740  adjustment.
  741         (2) LOCAL GOVERNMENT PROCESS.—
  742         (a) A political subdivision required to adopt airport
  743  zoning regulations under this chapter shall provide a process
  744  to:
  745         1. Issue or deny permits consistent with s. 333.07.
  746         2. Provide the department with a copy of a complete
  747  application consistent with s. 333.025(4).
  748         3. Enforce the issuance or denial of a permit or other
  749  determination made by the administrative agency with respect to
  750  airport zoning regulations.
  751         (b) If a zoning board or permitting body already exists
  752  within a political subdivision, the zoning board or permitting
  753  body may implement the airport zoning regulation permitting and
  754  appeals processes.
  755         (3) APPEALS.—
  756         (a) A person, a political subdivision or its administrative
  757  agency, or a joint airport zoning board that contends that a
  758  decision made by a political subdivision or its administrative
  759  agency is an improper application of airport zoning regulations
  760  may use the process established for an appeal.
  761         (b) All appeals taken under this section must be taken
  762  within a reasonable time, as provided by the political
  763  subdivision or its administrative agency, by filing with the
  764  entity from which appeal is taken a notice of appeal specifying
  765  the grounds for appeal.
  766         (c) An appeal shall stay all proceedings in the underlying
  767  action appealed from, unless the entity from which the appeal is
  768  taken certifies, pursuant to the rules for appeal, that by
  769  reason of the facts stated in the certificate a stay would, in
  770  its opinion, cause imminent peril to life or property. In such
  771  cases, proceedings shall not be stayed except by order of the
  772  political subdivision or its administrative agency on notice to
  773  the entity from which the appeal is taken and for good cause
  774  shown.
  775         (d) The political subdivision or its administrative agency
  776  shall set a reasonable time for the hearing of appeals, give
  777  public notice and due notice to the parties in interest, and
  778  decide the issue within a reasonable time. Upon the hearing, any
  779  party may appear in person, by agent, or by attorney.
  780         (e) The political subdivision or its administrative agency
  781  may, in conformity with this chapter, affirm, reverse, or modify
  782  the decision on the permit or other determination from which the
  783  appeal is taken.
  784         Section 9. Section 333.11, Florida Statutes, is amended to
  785  read:
  786         333.11 Judicial review.—
  787         (1) A Any person, aggrieved, or taxpayer affected, by any
  788  decision of a board of adjustment, or any governing body of a
  789  political subdivision, or the Department of Transportation or
  790  any joint airport zoning board affected by a decision of a
  791  political subdivision, or its of any administrative agency
  792  hereunder, may apply for judicial relief to the circuit court in
  793  the judicial circuit where the political subdivision board of
  794  adjustment is located within 30 days after rendition of the
  795  decision by the board of adjustment. Review shall be by petition
  796  for writ of certiorari, which shall be governed by the Florida
  797  Rules of Appellate Procedure.
  798         (2) Upon presentation of such petition to the court, it may
  799  allow a writ of certiorari, directed to the board of adjustment,
  800  to review such decision of the board. The allowance of the writ
  801  shall not stay the proceedings upon the decision appealed from,
  802  but the court may, on application, on notice to the board, on
  803  due hearing and due cause shown, grant a restraining order.
  804         (3) The board of adjustment shall not be required to return
  805  the original papers acted upon by it, but it shall be sufficient
  806  to return certified or sworn copies thereof or of such portions
  807  thereof as may be called for by the writ. The return shall
  808  concisely set forth such other facts as may be pertinent and
  809  material to show the grounds of the decision appealed from and
  810  shall be verified.
  811         (2)(4) The court has shall have exclusive jurisdiction to
  812  affirm, reverse, or modify, or set aside the decision on the
  813  permit or other determination from which the appeal is taken
  814  brought up for review, in whole or in part, and, if appropriate
  815  need be, to order further proceedings by the political
  816  subdivision or its administrative agency board of adjustment.
  817  The findings of fact by the political subdivision or its
  818  administrative agency board, if supported by substantial
  819  evidence, shall be accepted by the court as conclusive, and an
  820  no objection to a decision of the political subdivision or its
  821  administrative agency may not board shall be considered by the
  822  court unless such objection was raised in the underlying
  823  proceeding shall have been urged before the board, or, if it was
  824  not so urged, unless there were reasonable grounds for failure
  825  to do so.
  826         (3)(5) In any case in which airport zoning regulations
  827  adopted under this chapter, although generally reasonable, are
  828  held by a court to interfere with the use and enjoyment of a
  829  particular structure or parcel of land to such an extent, or to
  830  be so onerous in their application to such a structure or parcel
  831  of land, as to constitute a taking or deprivation of that
  832  property in violation of the State Constitution or the
  833  Constitution of the United States, such holding shall not affect
  834  the application of such regulations to other structures and
  835  parcels of land, or such regulations as are not involved in the
  836  particular decision.
  837         (4)(6)A judicial No appeal to any court may not shall be
  838  or is permitted under this section until the appellant has
  839  exhausted all of its remedies through application for local
  840  government permits, exceptions, and appeals, to any courts, as
  841  herein provided, save and except an appeal from a decision of
  842  the board of adjustment, the appeal herein provided being from
  843  such final decision of such board only, the appellant being
  844  hereby required to exhaust his or her remedies hereunder of
  845  application for permits, exceptions and variances, and appeal to
  846  the board of adjustment, and gaining a determination by said
  847  board, before being permitted to appeal to the court hereunder.
  848         Section 10. Section 333.12, Florida Statutes, is amended to
  849  read:
  850         333.12 Acquisition of air rights.—If In any case which: it
  851  is desired to remove, lower or otherwise terminate a
  852  nonconforming obstruction is determined to be an airport hazard
  853  and the owner will not remove, lower, or otherwise eliminate it
  854  structure or use; if or the approach protection necessary
  855  cannot, because of constitutional limitations, be provided by
  856  airport regulations under this chapter; or if it appears
  857  advisable that the necessary approach protection be provided by
  858  acquisition of property rights rather than by airport zoning
  859  regulations, the political subdivision within which the property
  860  or nonconforming obstruction use is located, or the political
  861  subdivision owning or operating the airport or being served by
  862  it, may acquire, by purchase, grant, or condemnation in the
  863  manner provided by chapter 73, such property, air right,
  864  avigation navigation easement, or other estate, portion, or
  865  interest in the property or nonconforming obstruction structure
  866  or use or such interest in the air above such property, tree,
  867  structure, or use, in question, as may be necessary to
  868  effectuate the purposes of this chapter, and in so doing, if by
  869  condemnation, may to have the right to take immediate possession
  870  of the property, interest in property, air right, or other right
  871  sought to be condemned, at the time, and in the manner and form,
  872  and as authorized by chapter 74. If the political subdivision
  873  acquires any In the case of the purchase of any property, or any
  874  easement, or estate or interest therein by purchase or the
  875  acquisition of the same by the power of eminent domain, the
  876  political subdivision making such purchase or exercising such
  877  power shall, in addition to the damages for the taking, injury,
  878  or destruction of property, also pay the cost of the removal and
  879  relocation of any structure or any public utility that must
  880  which is required to be moved to a new location.
  881         Section 11. Section 333.13, Florida Statutes, is amended to
  882  read:
  883         333.13 Enforcement and remedies.—
  884         (1) A Each violation of this chapter or of any airport
  885  zoning regulations, orders, or rulings adopted promulgated or
  886  made under pursuant to this chapter is shall constitute a
  887  misdemeanor of the second degree, punishable as provided in s.
  888  775.082 or s. 775.083, and each day a violation continues to
  889  exist constitutes shall constitute a separate offense.
  890         (2) In addition, the political subdivision or agency
  891  adopting the airport zoning regulations under this chapter may
  892  institute in any court of competent jurisdiction an action to
  893  prevent, restrain, correct, or abate a any violation of this
  894  chapter, any or of airport zoning regulations adopted under this
  895  chapter, or of any order or ruling made in connection with their
  896  administration or enforcement, and the court shall adjudge to
  897  the plaintiff such relief, by way of injunction (which may be
  898  mandatory) or otherwise, as may be proper under all the facts
  899  and circumstances of the case in order to fully effectuate the
  900  purposes of this chapter and of the regulations adopted and
  901  orders and rulings made pursuant thereto.
  902         (3) The department of Transportation may institute a civil
  903  action for injunctive relief in the appropriate circuit court to
  904  prevent violation of any provision of this chapter.
  905         Section 12. Section 333.135, Florida Statutes, is created
  906  to read:
  907         333.135 Transition provisions.—
  908         (1) For those political subdivisions that have not adopted
  909  airport zoning regulations pursuant to this chapter, the
  910  department shall administer the permitting process as provided
  911  in s. 333.025.
  912         (2) By July 1, 2017:
  913         (a) Any airport zoning regulation in effect on July 1,
  914  2016, that includes provisions in conflict with this chapter
  915  shall be amended to conform to the requirements of this chapter.
  916         (b) Any political subdivision having an airport within its
  917  territorial limits which has not adopted airport zoning
  918  regulations shall adopt airport zoning regulations consistent
  919  with this chapter.
  920         Section 13. Sections 333.065, 333.08, 333.10, and 333.14,
  921  Florida Statutes, are repealed.
  922         Section 14. For the purpose of incorporating the amendment
  923  made by this act to section 333.01, Florida Statutes, in a
  924  reference thereto, subsection (6) of section 350.81, Florida
  925  Statutes, is reenacted to read:
  926         350.81 Communications services offered by governmental
  927  entities.—
  928         (6) To ensure the safe and secure transportation of
  929  passengers and freight through an airport facility, as defined
  930  in s. 159.27(17), an airport authority or other governmental
  931  entity that provides or is proposing to provide communications
  932  services only within the boundaries of its airport layout plan,
  933  as defined in s. 333.01(6), to subscribers which are integral
  934  and essential to the safe and secure transportation of
  935  passengers and freight through the airport facility, is exempt
  936  from this section. An airport authority or other governmental
  937  entity that provides or is proposing to provide shared-tenant
  938  service under s. 364.339, but not dial tone enabling subscribers
  939  to complete calls outside the airport layout plan, to one or
  940  more subscribers within its airport layout plan which are not
  941  integral and essential to the safe and secure transportation of
  942  passengers and freight through the airport facility is exempt
  943  from this section. An airport authority or other governmental
  944  entity that provides or is proposing to provide communications
  945  services to one or more subscribers within its airport layout
  946  plan which are not integral and essential to the safe and secure
  947  transportation of passengers and freight through the airport
  948  facility, or to one or more subscribers outside its airport
  949  layout plan, is not exempt from this section. By way of example
  950  and not limitation, the integral, essential subscribers may
  951  include airlines and emergency service entities, and the
  952  nonintegral, nonessential subscribers may include retail shops,
  953  restaurants, hotels, or rental car companies.
  954         Section 15. This act shall take effect July 1, 2016.