Florida Senate - 2024                                    SB 1362
       
       
        
       By Senator Harrell
       
       
       
       
       
       31-00302C-24                                          20241362__
    1                        A bill to be entitled                      
    2         An act relating to aviation; amending s. 332.004,
    3         F.S.; revising and providing definitions; amending s.
    4         332.006, F.S.; revising requirements for the statewide
    5         aviation system plan developed by the Department of
    6         Transportation; conforming a cross-reference; creating
    7         s. 332.0071, F.S.; providing duties of the department,
    8         subject to funding, with respect to vertiports,
    9         electric aviation, and other advances in aviation
   10         technology; amending ss. 196.012, 206.46, 212.08,
   11         332.003, 334.01, 334.27, and 339.08, F.S.; conforming
   12         cross-references and provisions to changes made by the
   13         act; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 332.004, Florida Statutes, is amended to
   18  read:
   19         332.004 Definitions of terms used in ss. 332.003-332.0071
   20  ss. 332.003-332.007.—As used in ss. 332.003-332.0071 ss.
   21  332.003-332.007, the term:
   22         (1) “Airport” means any area of land or water, or any
   23  manmade object or facility located therein, which is used, or
   24  intended for public use, for the landing and takeoff of
   25  aircraft, and any appurtenant areas which are used, or intended
   26  for public use, for airport buildings or other airport
   27  facilities or rights-of-way.
   28         (2) “Airport hazard” means any structure or object of
   29  natural growth located on or in the vicinity of a public-use
   30  airport, or any use of land near such airport, which obstructs
   31  or causes an obstruction to the airspace required for the flight
   32  of aircraft in landing or taking off at such airport or is
   33  otherwise hazardous to landing or taking off at such airport.
   34         (3) “Airport master planning” means the development, for
   35  planning purposes, of information and guidance to determine the
   36  extent, type, and nature of development needed at a specific
   37  airport.
   38         (4) “Airport or aviation development project” or
   39  “development project” means any activity associated with the
   40  design, construction, purchase, improvement, or repair of a
   41  public-use airport or portion thereof, including, but not
   42  limited to: the purchase of equipment; the acquisition of land,
   43  including land required as a condition of a federal, state, or
   44  local permit or agreement for environmental mitigation; off
   45  airport noise mitigation projects; the removal, lowering,
   46  relocation, marking, and lighting of airport hazards; the
   47  installation of navigation aids used by aircraft in landing at
   48  or taking off from a public airport; the installation of safety
   49  equipment required by rule or regulation for certification of
   50  the airport under s. 612 of the Federal Aviation Act of 1958,
   51  and amendments thereto; and the improvement of access to the
   52  airport by road or rail system which is on airport property and
   53  which is consistent, to the maximum extent feasible, with the
   54  approved local government comprehensive plan of the units of
   55  local government in which the airport is located; the design,
   56  construction, purchase, or improvement of a vertiport; and the
   57  design, construction, or purchase of equipment needed for
   58  aircraft charging.
   59         (5) “Airport or aviation discretionary capacity improvement
   60  projects” or “discretionary capacity improvement projects” means
   61  capacity improvements which are consistent, to the maximum
   62  extent feasible, with the approved local government
   63  comprehensive plans of the units of local government in which
   64  the airport is located, and which enhance intercontinental
   65  capacity at airports which:
   66         (a) Are international airports with United States Bureau of
   67  Customs and Border Protection;
   68         (b) Had one or more regularly scheduled intercontinental
   69  flights during the previous calendar year or have an agreement
   70  in writing for installation of one or more regularly scheduled
   71  intercontinental flights upon the commitment of funds for
   72  stipulated airport capital improvements; and
   73         (c) Have available or planned public ground transportation
   74  between the airport and other major transportation facilities.
   75         (6) “Aviation system planning” means the development of
   76  comprehensive aviation plans designed to achieve and facilitate
   77  the establishment of a statewide, integrated aviation system in
   78  order to meet the current and future aviation needs of this
   79  state.
   80         (7) “Eligible agency” means a political subdivision of the
   81  state or an authority which owns or seeks to develop a public
   82  use airport.
   83         (8) “Federal aid” means funds made available from the
   84  Federal Government for the accomplishment of airport or aviation
   85  development projects.
   86         (9) “Florida airport system” means all existing public-use
   87  airports that are owned and operated within the state and those
   88  public-use airports which will be developed and made operational
   89  in the future.
   90         (10) “Landing area” means that area used or intended to be
   91  used for the landing, takeoff, or surface maneuvering of an
   92  aircraft.
   93         (11) “Planning agency” means any agency authorized by the
   94  laws of the state or by a political subdivision to engage in
   95  area planning for the areas in which assistance under this act
   96  is contemplated.
   97         (12) “Powered-lift aircraft” means a heavier-than-air
   98  aircraft capable of vertical takeoff, vertical landing, and low
   99  speed flight which depends principally on engine-driven lift
  100  devices or engine thrust for lift during such flight regimes and
  101  on nonrotating airfoils for lift during horizontal flight.
  102         (13) “Project” means a project for the accomplishment of
  103  airport or aviation development or airport master planning.
  104         (14)(13) “Project cost” means any cost involved in
  105  accomplishing a project.
  106         (15)(14) “Public-use airport” means any publicly owned
  107  airport which is used or to be used for public purposes.
  108         (16)(15) “Sponsor” means any eligible agency which, either
  109  individually or jointly with one or more eligible agencies,
  110  submits to the department an application for financial
  111  assistance for an airport development project in accordance with
  112  this act.
  113         (17) “Vertiport” means an area of land or water or a
  114  structure used or intended to be used as a landing facility,
  115  similar to an airport or a mass transit facility, with charging
  116  stations for aircraft, restrooms, and accessibility in
  117  compliance with the Americans with Disabilities Act, for the
  118  transport of goods or passenger service and for the landing or
  119  takeoff of powered-lift aircraft capable of vertical takeoff and
  120  landing.
  121         Section 2. Subsections (1) and (6) of section 332.006,
  122  Florida Statutes, are amended to read:
  123         332.006 Duties and responsibilities of the Department of
  124  Transportation.—The Department of Transportation shall, within
  125  the resources provided pursuant to chapter 216:
  126         (1) Provide coordination and assistance for the development
  127  of a viable aviation system in this state. To support the
  128  system, a statewide aviation system plan shall be developed and
  129  periodically updated which summarizes 5-year, 10-year, and 20
  130  year airport and aviation needs within the state. The statewide
  131  aviation system plan shall be consistent with the goals of the
  132  Florida Transportation Plan developed pursuant to s. 339.155.
  133  The statewide aviation system plan must also address the need
  134  for vertiports, electric aviation charging, and other advances
  135  in aviation technology. The statewide aviation system plan does
  136  shall not preempt local airport master plans adopted in
  137  compliance with federal and state requirements.
  138         (6) Administer department participation in the program of
  139  aviation and airport grants as provided for in ss. 332.003
  140  332.0071 ss. 332.003-332.007.
  141         Section 3. Section 332.0071, Florida Statutes, is created
  142  to read:
  143         332.0071 Vertiport and electric aviation planning.—The
  144  Department of Transportation shall, within the resources
  145  provided pursuant to chapter 216:
  146         (1) Address the need for vertiports, electric aviation
  147  charging, and the needs of other advances in aviation technology
  148  in the statewide aviation plan as required under s. 332.006(1)
  149  and, as appropriate, in the statewide work plan.
  150         (2) Designate a subject matter expert on advanced air
  151  mobility (AAM) within the department to serve as a resource for
  152  local jurisdictions navigating advances in aviation technology,
  153  including electric powered-lift aircraft and electric aviation.
  154         (3) Lead a statewide education campaign for local officials
  155  to provide education on the benefits of electric powered-lift
  156  aircraft and advances in aviation technology and to support the
  157  efforts to make this state a leader in aviation technology.
  158         (4) Provide local jurisdictions with a guidebook and
  159  technical resources to support uniform planning and zoning
  160  language across the state related to powered-lift aircraft,
  161  electric aviation, and other advances in aviation technology.
  162         (5) Conduct a review of airport hazard zone regulations
  163  and, as needed, make recommendations to the Legislature
  164  proposing any changes to regulations as a result of the review.
  165         Section 4. Subsection (6) of section 196.012, Florida
  166  Statutes, is amended to read:
  167         196.012 Definitions.—For the purpose of this chapter, the
  168  following terms are defined as follows, except where the context
  169  clearly indicates otherwise:
  170         (6) Governmental, municipal, or public purpose or function
  171  shall be deemed to be served or performed when the lessee under
  172  any leasehold interest created in property of the United States,
  173  the state or any of its political subdivisions, or any
  174  municipality, agency, special district, authority, or other
  175  public body corporate of the state is demonstrated to perform a
  176  function or serve a governmental purpose which could properly be
  177  performed or served by an appropriate governmental unit or which
  178  is demonstrated to perform a function or serve a purpose which
  179  would otherwise be a valid subject for the allocation of public
  180  funds. For purposes of the preceding sentence, an activity
  181  undertaken by a lessee which is permitted under the terms of its
  182  lease of real property designated as an aviation area on an
  183  airport layout plan which has been approved by the Federal
  184  Aviation Administration and which real property is used for the
  185  administration, operation, business offices and activities
  186  related specifically thereto in connection with the conduct of
  187  an aircraft full service fixed base operation which provides
  188  goods and services to the general aviation public in the
  189  promotion of air commerce shall be deemed an activity which
  190  serves a governmental, municipal, or public purpose or function.
  191  Any activity undertaken by a lessee which is permitted under the
  192  terms of its lease of real property designated as a public-use
  193  public airport as defined in s. 332.004 s. 332.004(14) by
  194  municipalities, agencies, special districts, authorities, or
  195  other public bodies corporate and public bodies politic of the
  196  state, a spaceport as defined in s. 331.303, or which is located
  197  in a deepwater port identified in s. 403.021(9)(b) and owned by
  198  one of the foregoing governmental units, subject to a leasehold
  199  or other possessory interest of a nongovernmental lessee that is
  200  deemed to perform an aviation, airport, aerospace, maritime, or
  201  port purpose or operation shall be deemed an activity that
  202  serves a governmental, municipal, or public purpose. The use by
  203  a lessee, licensee, or management company of real property or a
  204  portion thereof as a convention center, visitor center, sports
  205  facility with permanent seating, concert hall, arena, stadium,
  206  park, or beach is deemed a use that serves a governmental,
  207  municipal, or public purpose or function when access to the
  208  property is open to the general public with or without a charge
  209  for admission. If property deeded to a municipality by the
  210  United States is subject to a requirement that the Federal
  211  Government, through a schedule established by the Secretary of
  212  the Interior, determine that the property is being maintained
  213  for public historic preservation, park, or recreational purposes
  214  and if those conditions are not met the property will revert
  215  back to the Federal Government, then such property shall be
  216  deemed to serve a municipal or public purpose. The term
  217  “governmental purpose” also includes a direct use of property on
  218  federal lands in connection with the Federal Government’s Space
  219  Exploration Program or spaceport activities as defined in s.
  220  212.02(22). Real property and tangible personal property owned
  221  by the Federal Government or Space Florida and used for defense
  222  and space exploration purposes or which is put to a use in
  223  support thereof shall be deemed to perform an essential national
  224  governmental purpose and shall be exempt. “Owned by the lessee”
  225  as used in this chapter does not include personal property,
  226  buildings, or other real property improvements used for the
  227  administration, operation, business offices and activities
  228  related specifically thereto in connection with the conduct of
  229  an aircraft full service fixed based operation which provides
  230  goods and services to the general aviation public in the
  231  promotion of air commerce provided that the real property is
  232  designated as an aviation area on an airport layout plan
  233  approved by the Federal Aviation Administration. For purposes of
  234  determination of “ownership,” buildings and other real property
  235  improvements which will revert to the airport authority or other
  236  governmental unit upon expiration of the term of the lease shall
  237  be deemed “owned” by the governmental unit and not the lessee.
  238  Providing two-way telecommunications services to the public for
  239  hire by the use of a telecommunications facility, as defined in
  240  s. 364.02(14), and for which a certificate is required under
  241  chapter 364 does not constitute an exempt use for purposes of s.
  242  196.199, unless the telecommunications services are provided by
  243  the operator of a public-use airport, as defined in s. 332.004,
  244  for the operator’s provision of telecommunications services for
  245  the airport or its tenants, concessionaires, or licensees, or
  246  unless the telecommunications services are provided by a public
  247  hospital.
  248         Section 5. Subsection (3) of section 206.46, Florida
  249  Statutes, is amended to read:
  250         206.46 State Transportation Trust Fund.—
  251         (3) Each fiscal year, a minimum of 15 percent of all state
  252  revenues deposited into the State Transportation Trust Fund
  253  shall be committed annually by the department for public
  254  transportation projects in accordance with chapter 311, ss.
  255  332.003-332.0071 ss. 332.003-332.007, chapter 341, and chapter
  256  343.
  257         Section 6. Paragraph (zz) of subsection (7) of section
  258  212.08, Florida Statutes, is amended to read:
  259         212.08 Sales, rental, use, consumption, distribution, and
  260  storage tax; specified exemptions.—The sale at retail, the
  261  rental, the use, the consumption, the distribution, and the
  262  storage to be used or consumed in this state of the following
  263  are hereby specifically exempt from the tax imposed by this
  264  chapter.
  265         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
  266  entity by this chapter do not inure to any transaction that is
  267  otherwise taxable under this chapter when payment is made by a
  268  representative or employee of the entity by any means,
  269  including, but not limited to, cash, check, or credit card, even
  270  when that representative or employee is subsequently reimbursed
  271  by the entity. In addition, exemptions provided to any entity by
  272  this subsection do not inure to any transaction that is
  273  otherwise taxable under this chapter unless the entity has
  274  obtained a sales tax exemption certificate from the department
  275  or the entity obtains or provides other documentation as
  276  required by the department. Eligible purchases or leases made
  277  with such a certificate must be in strict compliance with this
  278  subsection and departmental rules, and any person who makes an
  279  exempt purchase with a certificate that is not in strict
  280  compliance with this subsection and the rules is liable for and
  281  shall pay the tax. The department may adopt rules to administer
  282  this subsection.
  283         (zz) People-mover systems.—People-mover systems, and parts
  284  thereof, which are purchased or manufactured by contractors
  285  employed either directly by or as agents for the United States
  286  Government, the state, a county, a municipality, a political
  287  subdivision of the state, or the public operator of a public-use
  288  airport as defined by s. 332.004 s. 332.004(14) are exempt from
  289  the tax imposed by this chapter when the systems or parts go
  290  into or become part of publicly owned facilities. In the case of
  291  contractors who manufacture and install such systems and parts,
  292  this exemption extends to the purchase of component parts and
  293  all other manufacturing and fabrication costs. The department
  294  may provide a form to be used by contractors to provide to
  295  suppliers of people-mover systems or parts to certify the
  296  contractors’ eligibility for the exemption provided under this
  297  paragraph. As used in this paragraph, “people-mover systems”
  298  includes wheeled passenger vehicles and related control and
  299  power distribution systems that are part of a transportation
  300  system for use by the general public, regardless of whether such
  301  vehicles are operator-controlled or driverless, self-propelled
  302  or propelled by external power and control systems, or conducted
  303  on roads, rails, guidebeams, or other permanent structures that
  304  are an integral part of such transportation system. “Related
  305  control and power distribution systems” includes any electrical
  306  or electronic control or signaling equipment, but does not
  307  include the embedded wiring, conduits, or cabling used to
  308  transmit electrical or electronic signals among such control
  309  equipment, power distribution equipment, signaling equipment,
  310  and wheeled vehicles.
  311         Section 7. Section 332.003, Florida Statutes, is amended to
  312  read:
  313         332.003 Florida Airport Development and Assistance Act;
  314  short title.—Sections 332.003-332.0071 332.003-332.007 may be
  315  cited as the “Florida Airport Development and Assistance Act.”
  316         Section 8. Section 334.01, Florida Statutes, is amended to
  317  read:
  318         334.01 Florida Transportation Code; short title.—Chapters
  319  334-339, 341, 348, and 349 and ss. 332.003-332.0071 ss. 332.003
  320  332.007, 351.35, 351.36, 351.37, and 861.011 may be cited as the
  321  “Florida Transportation Code.”
  322         Section 9. Subsection (1) of section 334.27, Florida
  323  Statutes, is amended to read:
  324         334.27 Governmental transportation entities; property
  325  acquired for transportation purposes; limitation on soil or
  326  groundwater contamination liability.—
  327         (1) For the purposes of this section, the term
  328  “governmental transportation entity” means the department; an
  329  authority created pursuant to chapter 343, chapter 348, or
  330  chapter 349; public-use airports as defined in 332.004 s.
  331  332.004(14); a port enumerated in s. 311.09(1); a county; or a
  332  municipality.
  333         Section 10. Paragraph (d) of subsection (1) of section
  334  339.08, Florida Statutes, is amended to read:
  335         339.08 Use of moneys in State Transportation Trust Fund.—
  336         (1) The department shall expend moneys in the State
  337  Transportation Trust Fund accruing to the department, in
  338  accordance with its annual budget. The use of such moneys shall
  339  be restricted to the following purposes:
  340         (d) To pay the cost of public transportation projects in
  341  accordance with chapter 341 and ss. 332.003-332.0071 ss.
  342  332.003-332.007.
  343         Section 11. This act shall take effect July 1, 2024.