Florida Senate - 2024                      CS for CS for SB 1362
       
       
        
       By the Appropriations Committee on Transportation, Tourism, and
       Economic Development; the Committee on Transportation; and
       Senator Harrell
       
       
       
       606-03120-24                                          20241362c2
    1                        A bill to be entitled                      
    2         An act relating to aviation; amending s. 330.27, F.S.;
    3         revising definitions; amending s. 330.30, F.S.;
    4         beginning on a specified date, requiring the owner or
    5         lessee of a proposed vertiport to comply with a
    6         specified provision in obtaining certain approval and
    7         license or registration; requiring the Department of
    8         Transportation to conduct a final physical inspection
    9         of the vertiport to ensure compliance with specified
   10         requirements; conforming a cross-reference; creating
   11         s. 332.15, F.S.; providing duties of the department,
   12         within specified resources, with respect to
   13         vertiports, advanced air mobility, and other advances
   14         in aviation technology; reenacting ss. 365.172(13),
   15         379.2293(2), 493.6101(22), and 493.6403(1)(c), F.S.,
   16         relating to emergency communications, airport
   17         activities within the scope of a federally approved
   18         wildlife hazard management plan or a federal or state
   19         permit or other authorization for depredation or
   20         harassment, definitions, and license requirements,
   21         respectively, to incorporate the amendment made to s.
   22         330.27, F.S., in references thereto; providing an
   23         effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsections (1), (2), and (8) of section 330.27,
   28  Florida Statutes, are amended to read:
   29         330.27 Definitions, when used in ss. 330.29-330.39.—
   30         (1) “Aircraft” means a powered or unpowered machine or
   31  device capable of atmospheric flight, including, but not limited
   32  to, an airplane, autogyro, glider, gyrodyne, helicopter, lift
   33  and cruise, multicopter, paramotor, powered lift, seaplane,
   34  tiltrotor, ultralight, and vectored thrust. The term does not
   35  include except a parachute or other such device used primarily
   36  as safety equipment.
   37         (2) “Airport” means an area of land or water used for, or
   38  intended to be used for, landing and takeoff of aircraft
   39  operations, which may include any including appurtenant areas,
   40  buildings, facilities, or rights-of-way necessary to facilitate
   41  such use or intended use. The term includes, but is not limited
   42  to, an airpark, airport, gliderport, heliport, helistop,
   43  seaplane base, ultralight flightpark, vertiport, and vertistop.
   44         (8)“Ultralight aircraft” means any aircraft meeting the
   45  criteria established by part 103 of the Federal Aviation
   46  Regulations.
   47         Section 2. Present subsections (3) and (4) of section
   48  330.30, Florida Statutes, are redesignated as subsections (4)
   49  and (5), respectively, a new subsection (3) is added to that
   50  section, and paragraph (a) of subsection (1), paragraph (a) of
   51  subsection (2), and present subsection (4) of that section are
   52  amended, to read:
   53         330.30 Approval of airport sites; registration and
   54  licensure of airports.—
   55         (1) SITE APPROVALS; REQUIREMENTS, EFFECTIVE PERIOD,
   56  REVOCATION.—
   57         (a) Except as provided in subsection (4) (3), the owner or
   58  lessee of a proposed airport shall, before site acquisition or
   59  construction or establishment of the proposed airport, obtain
   60  approval of the airport site from the department. Applications
   61  for approval of a site shall be made in a form and manner
   62  prescribed by the department. The department shall grant the
   63  site approval if it is satisfied:
   64         1. That the site has adequate area allocated for the
   65  airport as proposed.
   66         2. That the proposed airport will conform to licensing or
   67  registration requirements and will comply with the applicable
   68  local government land development regulations or zoning
   69  requirements.
   70         3. That all affected airports, local governments, and
   71  property owners have been notified and any comments submitted by
   72  them have been given adequate consideration.
   73         4. That safe air-traffic patterns can be established for
   74  the proposed airport with all existing airports and approved
   75  airport sites in its vicinity.
   76         (2) LICENSES AND REGISTRATIONS; REQUIREMENTS, RENEWAL,
   77  REVOCATION.—
   78         (a) Except as provided in subsection (4) (3), the owner or
   79  lessee of an airport in this state shall have a public airport
   80  license, private airport registration, or temporary airport
   81  registration before the operation of aircraft to or from the
   82  airport. Application for a license or registration shall be made
   83  in a form and manner prescribed by the department.
   84         1. For a public airport, upon granting site approval, the
   85  department shall issue a license after a final airport
   86  inspection finds the airport to be in compliance with all
   87  requirements for the license. The license may be subject to any
   88  reasonable conditions the department deems necessary to protect
   89  the public health, safety, or welfare.
   90         2. For a private airport, upon granting site approval, the
   91  department shall provide controlled electronic access to the
   92  state aviation facility data system to permit the applicant to
   93  complete the registration process. Registration shall be
   94  completed upon self-certification by the registrant of
   95  operational and configuration data deemed necessary by the
   96  department.
   97         3. For a temporary airport, the department must publish
   98  notice of receipt of a completed registration application in the
   99  next available publication of the Florida Administrative
  100  Register and may not approve a registration application less
  101  than 14 days after the date of publication of the notice. The
  102  department must approve or deny a registration application
  103  within 30 days after receipt of a completed application and must
  104  issue the temporary airport registration concurrent with the
  105  airport site approval. A completed registration application that
  106  is not approved or denied within 30 days after the department
  107  receives the completed application is considered approved and
  108  shall be issued, subject to such reasonable conditions as are
  109  authorized by law. An applicant seeking to claim registration by
  110  default under this subparagraph must notify the agency clerk of
  111  the department, in writing, of the intent to rely upon the
  112  default registration provision of this subparagraph and may not
  113  take any action based upon the default registration until after
  114  receipt of such notice by the agency clerk.
  115         (3)VERTIPORTS.—On or after July 1, 2024, the owner or
  116  lessee of a proposed vertiport must comply with subsection (1)
  117  in obtaining site approval and with subsection (2) in obtaining
  118  an airport license or registration. In conjunction with the
  119  granting of site approval, the department must conduct a final
  120  physical inspection of the vertiport to ensure compliance with
  121  all requirements for airport licensure or registration.
  122         (5)(4) EXCEPTIONS.—Private airports with 10 or more based
  123  aircraft may request to be inspected and licensed by the
  124  department. Private airports licensed according to this
  125  subsection shall be considered private airports as defined in s.
  126  330.27 s. 330.27(5) in all other respects.
  127         Section 3. Section 332.15, Florida Statutes, is created to
  128  read:
  129         332.15Advanced air mobility.—The Department of
  130  Transportation shall, within the resources provided pursuant to
  131  chapter 216:
  132         (1)Address the need for vertiports, advanced air mobility,
  133  and other advances in aviation technology in the statewide
  134  aviation system plan as required under s. 332.006(1) and, as
  135  appropriate, in the department’s work program.
  136         (2)Designate a subject matter expert on advanced air
  137  mobility within the department to serve as a resource for local
  138  jurisdictions navigating advances in aviation technology.
  139         (3)Lead a statewide education campaign for local officials
  140  to provide education on the benefits of advanced air mobility
  141  and advances in aviation technology and to support the efforts
  142  to make this state a leader in aviation technology.
  143         (4)Provide local jurisdictions with a guidebook and
  144  technical resources to support uniform planning and zoning
  145  language across this state related to advanced air mobility and
  146  other advances in aviation technology.
  147         (5)Ensure that a political subdivision of the state does
  148  not exercise its zoning and land use authority to grant or
  149  permit an exclusive right to one or more vertiport owners or
  150  operators and authorize a political subdivision to use its
  151  authority to promote reasonable access to advanced air mobility
  152  operators at public use vertiports within the jurisdiction of
  153  the subdivision.
  154         (6)Conduct a review of airport hazard zone regulations
  155  and, as needed, make recommendations to the Legislature
  156  proposing any changes to regulations as a result of the review.
  157         Section 4. For the purpose of incorporating the amendment
  158  made by this act to section 330.27, Florida Statutes, in a
  159  reference thereto, subsection (13) of section 365.172, Florida
  160  Statutes, is reenacted to read:
  161         365.172 Emergency communications.—
  162         (13) FACILITATING EMERGENCY COMMUNICATIONS SERVICE
  163  IMPLEMENTATION.—To balance the public need for reliable
  164  emergency communications services through reliable wireless
  165  systems and the public interest served by governmental zoning
  166  and land development regulations and notwithstanding any other
  167  law or local ordinance to the contrary, the following standards
  168  shall apply to a local government’s actions, as a regulatory
  169  body, in the regulation of the placement, construction, or
  170  modification of a wireless communications facility. This
  171  subsection may not, however, be construed to waive or alter the
  172  provisions of s. 286.011 or s. 286.0115. For the purposes of
  173  this subsection only, “local government” shall mean any
  174  municipality or county and any agency of a municipality or
  175  county only. The term “local government” does not, however,
  176  include any airport, as defined by s. 330.27(2), even if it is
  177  owned or controlled by or through a municipality, county, or
  178  agency of a municipality or county. Further, notwithstanding
  179  anything in this section to the contrary, this subsection does
  180  not apply to or control a local government’s actions as a
  181  property or structure owner in the use of any property or
  182  structure owned by such entity for the placement, construction,
  183  or modification of wireless communications facilities. In the
  184  use of property or structures owned by the local government,
  185  however, a local government may not use its regulatory authority
  186  so as to avoid compliance with, or in a manner that does not
  187  advance, the provisions of this subsection.
  188         (a) Colocation among wireless providers is encouraged by
  189  the state.
  190         1.a. Colocations on towers, including nonconforming towers,
  191  that meet the requirements in sub-sub-subparagraphs (I), (II),
  192  and (III), are subject to only building permit review, which may
  193  include a review for compliance with this subparagraph. Such
  194  colocations are not subject to any design or placement
  195  requirements of the local government’s land development
  196  regulations in effect at the time of the colocation that are
  197  more restrictive than those in effect at the time of the initial
  198  antennae placement approval, to any other portion of the land
  199  development regulations, or to public hearing review. This sub
  200  subparagraph may not preclude a public hearing for any appeal of
  201  the decision on the colocation application.
  202         (I) The colocation does not increase the height of the
  203  tower to which the antennae are to be attached, measured to the
  204  highest point of any part of the tower or any existing antenna
  205  attached to the tower;
  206         (II) The colocation does not increase the ground space
  207  area, commonly known as the compound, approved in the site plan
  208  for equipment enclosures and ancillary facilities; and
  209         (III) The colocation consists of antennae, equipment
  210  enclosures, and ancillary facilities that are of a design and
  211  configuration consistent with all applicable regulations,
  212  restrictions, or conditions, if any, applied to the initial
  213  antennae placed on the tower and to its accompanying equipment
  214  enclosures and ancillary facilities and, if applicable, applied
  215  to the tower supporting the antennae. Such regulations may
  216  include the design and aesthetic requirements, but not
  217  procedural requirements, other than those authorized by this
  218  section, of the local government’s land development regulations
  219  in effect at the time the initial antennae placement was
  220  approved.
  221         b. Except for a historic building, structure, site, object,
  222  or district, or a tower included in sub-subparagraph a.,
  223  colocations on all other existing structures that meet the
  224  requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
  225  to no more than building permit review, and an administrative
  226  review for compliance with this subparagraph. Such colocations
  227  are not subject to any portion of the local government’s land
  228  development regulations not addressed herein, or to public
  229  hearing review. This sub-subparagraph may not preclude a public
  230  hearing for any appeal of the decision on the colocation
  231  application.
  232         (I) The colocation does not increase the height of the
  233  existing structure to which the antennae are to be attached,
  234  measured to the highest point of any part of the structure or
  235  any existing antenna attached to the structure;
  236         (II) The colocation does not increase the ground space
  237  area, otherwise known as the compound, if any, approved in the
  238  site plan for equipment enclosures and ancillary facilities;
  239         (III) The colocation consists of antennae, equipment
  240  enclosures, and ancillary facilities that are of a design and
  241  configuration consistent with any applicable structural or
  242  aesthetic design requirements and any requirements for location
  243  on the structure, but not prohibitions or restrictions on the
  244  placement of additional colocations on the existing structure or
  245  procedural requirements, other than those authorized by this
  246  section, of the local government’s land development regulations
  247  in effect at the time of the colocation application; and
  248         (IV) The colocation consists of antennae, equipment
  249  enclosures, and ancillary facilities that are of a design and
  250  configuration consistent with all applicable restrictions or
  251  conditions, if any, that do not conflict with sub-sub
  252  subparagraph (III) and were applied to the initial antennae
  253  placed on the structure and to its accompanying equipment
  254  enclosures and ancillary facilities and, if applicable, applied
  255  to the structure supporting the antennae.
  256         c. Regulations, restrictions, conditions, or permits of the
  257  local government, acting in its regulatory capacity, that limit
  258  the number of colocations or require review processes
  259  inconsistent with this subsection do not apply to colocations
  260  addressed in this subparagraph.
  261         d. If only a portion of the colocation does not meet the
  262  requirements of this subparagraph, such as an increase in the
  263  height of the proposed antennae over the existing structure
  264  height or a proposal to expand the ground space approved in the
  265  site plan for the equipment enclosure, where all other portions
  266  of the colocation meet the requirements of this subparagraph,
  267  that portion of the colocation only may be reviewed under the
  268  local government’s regulations applicable to an initial
  269  placement of that portion of the facility, including, but not
  270  limited to, its land development regulations, and within the
  271  review timeframes of subparagraph (d)2., and the rest of the
  272  colocation shall be reviewed in accordance with this
  273  subparagraph. A colocation proposal under this subparagraph that
  274  increases the ground space area, otherwise known as the
  275  compound, approved in the original site plan for equipment
  276  enclosures and ancillary facilities by no more than a cumulative
  277  amount of 400 square feet or 50 percent of the original compound
  278  size, whichever is greater, shall, however, require no more than
  279  administrative review for compliance with the local government’s
  280  regulations, including, but not limited to, land development
  281  regulations review, and building permit review, with no public
  282  hearing review. This sub-subparagraph does not preclude a public
  283  hearing for any appeal of the decision on the colocation
  284  application.
  285         2. If a colocation does not meet the requirements of
  286  subparagraph 1., the local government may review the application
  287  under the local government’s regulations, including, but not
  288  limited to, land development regulations, applicable to the
  289  placement of initial antennae and their accompanying equipment
  290  enclosure and ancillary facilities.
  291         3. If a colocation meets the requirements of subparagraph
  292  1., the colocation may not be considered a modification to an
  293  existing structure or an impermissible modification of a
  294  nonconforming structure.
  295         4. The owner of the existing tower on which the proposed
  296  antennae are to be colocated shall remain responsible for
  297  compliance with any applicable condition or requirement of a
  298  permit or agreement, or any applicable condition or requirement
  299  of the land development regulations to which the existing tower
  300  had to comply at the time the tower was permitted, including any
  301  aesthetic requirements, provided the condition or requirement is
  302  not inconsistent with this paragraph.
  303         5. An existing tower, including a nonconforming tower, may
  304  be structurally modified in order to permit colocation or may be
  305  replaced through no more than administrative review and building
  306  permit review, and is not subject to public hearing review, if
  307  the overall height of the tower is not increased and, if a
  308  replacement, the replacement tower is a monopole tower or, if
  309  the existing tower is a camouflaged tower, the replacement tower
  310  is a like-camouflaged tower. This subparagraph may not preclude
  311  a public hearing for any appeal of the decision on the
  312  application.
  313         (b)1. A local government’s land development and
  314  construction regulations for wireless communications facilities
  315  and the local government’s review of an application for the
  316  placement, construction, or modification of a wireless
  317  communications facility shall only address land development or
  318  zoning issues. In such local government regulations or review,
  319  the local government may not require information on or evaluate
  320  a wireless provider’s business decisions about its service,
  321  customer demand for its service, or quality of its service to or
  322  from a particular area or site, unless the wireless provider
  323  voluntarily offers this information to the local government. In
  324  such local government regulations or review, a local government
  325  may not require information on or evaluate the wireless
  326  provider’s designed service unless the information or materials
  327  are directly related to an identified land development or zoning
  328  issue or unless the wireless provider voluntarily offers the
  329  information. Information or materials directly related to an
  330  identified land development or zoning issue may include, but are
  331  not limited to, evidence that no existing structure can
  332  reasonably be used for the antennae placement instead of the
  333  construction of a new tower, that residential areas cannot be
  334  served from outside the residential area, as addressed in
  335  subparagraph 3., or that the proposed height of a new tower or
  336  initial antennae placement or a proposed height increase of a
  337  modified tower, replacement tower, or colocation is necessary to
  338  provide the provider’s designed service. Nothing in this
  339  paragraph shall limit the local government from reviewing any
  340  applicable land development or zoning issue addressed in its
  341  adopted regulations that does not conflict with this section,
  342  including, but not limited to, aesthetics, landscaping, land
  343  use-based location priorities, structural design, and setbacks.
  344         2. Any setback or distance separation required of a tower
  345  may not exceed the minimum distance necessary, as determined by
  346  the local government, to satisfy the structural safety or
  347  aesthetic concerns that are to be protected by the setback or
  348  distance separation.
  349         3. A local government may exclude the placement of wireless
  350  communications facilities in a residential area or residential
  351  zoning district but only in a manner that does not constitute an
  352  actual or effective prohibition of the provider’s service in
  353  that residential area or zoning district. If a wireless provider
  354  demonstrates to the satisfaction of the local government that
  355  the provider cannot reasonably provide its service to the
  356  residential area or zone from outside the residential area or
  357  zone, the municipality or county and provider shall cooperate to
  358  determine an appropriate location for a wireless communications
  359  facility of an appropriate design within the residential area or
  360  zone. The local government may require that the wireless
  361  provider reimburse the reasonable costs incurred by the local
  362  government for this cooperative determination. An application
  363  for such cooperative determination may not be considered an
  364  application under paragraph (d).
  365         4. A local government may impose a reasonable fee on
  366  applications to place, construct, or modify a wireless
  367  communications facility only if a similar fee is imposed on
  368  applicants seeking other similar types of zoning, land use, or
  369  building permit review. A local government may impose fees for
  370  the review of applications for wireless communications
  371  facilities by consultants or experts who conduct code compliance
  372  review for the local government but any fee is limited to
  373  specifically identified reasonable expenses incurred in the
  374  review. A local government may impose reasonable surety
  375  requirements to ensure the removal of wireless communications
  376  facilities that are no longer being used.
  377         5. A local government may impose design requirements, such
  378  as requirements for designing towers to support colocation or
  379  aesthetic requirements, except as otherwise limited in this
  380  section, but may not impose or require information on compliance
  381  with building code type standards for the construction or
  382  modification of wireless communications facilities beyond those
  383  adopted by the local government under chapter 553 and that apply
  384  to all similar types of construction.
  385         (c) Local governments may not require wireless providers to
  386  provide evidence of a wireless communications facility’s
  387  compliance with federal regulations, except evidence of
  388  compliance with applicable Federal Aviation Administration
  389  requirements under 14 C.F.R. part 77, as amended, and evidence
  390  of proper Federal Communications Commission licensure, or other
  391  evidence of Federal Communications Commission authorized
  392  spectrum use, but may request the Federal Communications
  393  Commission to provide information as to a wireless provider’s
  394  compliance with federal regulations, as authorized by federal
  395  law.
  396         (d)1. A local government shall grant or deny each properly
  397  completed application for a colocation under subparagraph (a)1.
  398  based on the application’s compliance with the local
  399  government’s applicable regulations, as provided for in
  400  subparagraph (a)1. and consistent with this subsection, and
  401  within the normal timeframe for a similar building permit review
  402  but in no case later than 45 business days after the date the
  403  application is determined to be properly completed in accordance
  404  with this paragraph.
  405         2. A local government shall grant or deny each properly
  406  completed application for any other wireless communications
  407  facility based on the application’s compliance with the local
  408  government’s applicable regulations, including but not limited
  409  to land development regulations, consistent with this subsection
  410  and within the normal timeframe for a similar type review but in
  411  no case later than 90 business days after the date the
  412  application is determined to be properly completed in accordance
  413  with this paragraph.
  414         3.a. An application is deemed submitted or resubmitted on
  415  the date the application is received by the local government. If
  416  the local government does not notify the applicant in writing
  417  that the application is not completed in compliance with the
  418  local government’s regulations within 20 business days after the
  419  date the application is initially submitted or additional
  420  information resubmitted, the application is deemed, for
  421  administrative purposes only, to be properly completed and
  422  properly submitted. However, the determination may not be deemed
  423  as an approval of the application. If the application is not
  424  completed in compliance with the local government’s regulations,
  425  the local government shall so notify the applicant in writing
  426  and the notification must indicate with specificity any
  427  deficiencies in the required documents or deficiencies in the
  428  content of the required documents which, if cured, make the
  429  application properly completed. Upon resubmission of information
  430  to cure the stated deficiencies, the local government shall
  431  notify the applicant, in writing, within the normal timeframes
  432  of review, but in no case longer than 20 business days after the
  433  additional information is submitted, of any remaining
  434  deficiencies that must be cured. Deficiencies in document type
  435  or content not specified by the local government do not make the
  436  application incomplete. Notwithstanding this sub-subparagraph,
  437  if a specified deficiency is not properly cured when the
  438  applicant resubmits its application to comply with the notice of
  439  deficiencies, the local government may continue to request the
  440  information until such time as the specified deficiency is
  441  cured. The local government may establish reasonable timeframes
  442  within which the required information to cure the application
  443  deficiency is to be provided or the application will be
  444  considered withdrawn or closed.
  445         b. If the local government fails to grant or deny a
  446  properly completed application for a wireless communications
  447  facility within the timeframes set forth in this paragraph, the
  448  application shall be deemed automatically approved and the
  449  applicant may proceed with placement of the facilities without
  450  interference or penalty. The timeframes specified in
  451  subparagraph 2. may be extended only to the extent that the
  452  application has not been granted or denied because the local
  453  government’s procedures generally applicable to all other
  454  similar types of applications require action by the governing
  455  body and such action has not taken place within the timeframes
  456  specified in subparagraph 2. Under such circumstances, the local
  457  government must act to either grant or deny the application at
  458  its next regularly scheduled meeting or, otherwise, the
  459  application is deemed to be automatically approved.
  460         c. To be effective, a waiver of the timeframes set forth in
  461  this paragraph must be voluntarily agreed to by the applicant
  462  and the local government. A local government may request, but
  463  not require, a waiver of the timeframes by the applicant, except
  464  that, with respect to a specific application, a one-time waiver
  465  may be required in the case of a declared local, state, or
  466  federal emergency that directly affects the administration of
  467  all permitting activities of the local government.
  468         (e) The replacement of or modification to a wireless
  469  communications facility, except a tower, that results in a
  470  wireless communications facility not readily discernibly
  471  different in size, type, and appearance when viewed from ground
  472  level from surrounding properties, and the replacement or
  473  modification of equipment that is not visible from surrounding
  474  properties, all as reasonably determined by the local
  475  government, are subject to no more than applicable building
  476  permit review.
  477         (f) Any other law to the contrary notwithstanding, the
  478  Department of Management Services shall negotiate, in the name
  479  of the state, leases for wireless communications facilities that
  480  provide access to state government-owned property not acquired
  481  for transportation purposes, and the Department of
  482  Transportation shall negotiate, in the name of the state, leases
  483  for wireless communications facilities that provide access to
  484  property acquired for state rights-of-way. On property acquired
  485  for transportation purposes, leases shall be granted in
  486  accordance with s. 337.251. On other state government-owned
  487  property, leases shall be granted on a space available, first
  488  come, first-served basis. Payments required by state government
  489  under a lease must be reasonable and must reflect the market
  490  rate for the use of the state government-owned property. The
  491  Department of Management Services and the Department of
  492  Transportation are authorized to adopt rules for the terms and
  493  conditions and granting of any such leases.
  494         (g) If any person adversely affected by any action, or
  495  failure to act, or regulation, or requirement of a local
  496  government in the review or regulation of the wireless
  497  communication facilities files an appeal or brings an
  498  appropriate action in a court or venue of competent
  499  jurisdiction, following the exhaustion of all administrative
  500  remedies, the matter shall be considered on an expedited basis.
  501         Section 5. For the purpose of incorporating the amendment
  502  made by this act to section 330.27, Florida Statutes, in a
  503  reference thereto, subsection (2) of section 379.2293, Florida
  504  Statutes, is reenacted to read:
  505         379.2293 Airport activities within the scope of a federally
  506  approved wildlife hazard management plan or a federal or state
  507  permit or other authorization for depredation or harassment.—
  508         (2) An airport authority or other entity owning or
  509  operating an airport, as defined in s. 330.27(2), is not subject
  510  to any administrative or civil penalty, restriction, or other
  511  sanction with respect to any authorized action taken in a non
  512  negligent manner for the purpose of protecting human life or
  513  aircraft safety from wildlife hazards.
  514         Section 6. For the purpose of incorporating the amendment
  515  made by this act to section 330.27, Florida Statutes, in a
  516  reference thereto, subsection (22) of section 493.6101, Florida
  517  Statutes, is reenacted to read:
  518         493.6101 Definitions.—
  519         (22) “Repossession” means the recovery of a motor vehicle
  520  as defined under s. 320.01(1), a mobile home as defined in s.
  521  320.01(2), a motorboat as defined under s. 327.02, an aircraft
  522  as defined in s. 330.27(1), a personal watercraft as defined in
  523  s. 327.02, an all-terrain vehicle as defined in s. 316.2074,
  524  farm equipment as defined under s. 686.402, or industrial
  525  equipment, by an individual who is authorized by the legal
  526  owner, lienholder, or lessor to recover, or to collect money
  527  payment in lieu of recovery of, that which has been sold or
  528  leased under a security agreement that contains a repossession
  529  clause. As used in this subsection, the term “industrial
  530  equipment” includes, but is not limited to, tractors, road
  531  rollers, cranes, forklifts, backhoes, and bulldozers. The term
  532  “industrial equipment” also includes other vehicles that are
  533  propelled by power other than muscular power and that are used
  534  in the manufacture of goods or used in the provision of
  535  services. A repossession is complete when a licensed recovery
  536  agent is in control, custody, and possession of such repossessed
  537  property. Property that is being repossessed shall be considered
  538  to be in the control, custody, and possession of a recovery
  539  agent if the property being repossessed is secured in
  540  preparation for transport from the site of the recovery by means
  541  of being attached to or placed on the towing or other transport
  542  vehicle or if the property being repossessed is being operated
  543  or about to be operated by an employee of the recovery agency.
  544         Section 7. For the purpose of incorporating the amendment
  545  made by this act to section 330.27, Florida Statutes, in a
  546  reference thereto, paragraph (c) of subsection (1) of section
  547  493.6403, Florida Statutes, is reenacted to read:
  548         493.6403 License requirements.—
  549         (1) In addition to the license requirements set forth in
  550  this chapter, each individual or agency shall comply with the
  551  following additional requirements:
  552         (c) An applicant for a Class “E” license shall have at
  553  least 1 year of lawfully gained, verifiable, full-time
  554  experience in one, or a combination of more than one, of the
  555  following:
  556         1. Repossession of motor vehicles as defined in s.
  557  320.01(1), mobile homes as defined in s. 320.01(2), motorboats
  558  as defined in s. 327.02, aircraft as defined in s. 330.27(1),
  559  personal watercraft as defined in s. 327.02, all-terrain
  560  vehicles as defined in s. 316.2074, farm equipment as defined
  561  under s. 686.402, or industrial equipment as defined in s.
  562  493.6101(22).
  563         2. Work as a Class “EE” licensed intern.
  564         Section 8. This act shall take effect July 1, 2024.