Florida Senate - 2024               CS for CS for CS for SB 1362
       
       
        
       By the Committee on Fiscal Policy; the Appropriations Committee
       on Transportation, Tourism, and Economic Development; the
       Committee on Transportation; and Senator Harrell
       
       
       
       594-03658-24                                          20241362c3
    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; amending s. 333.03, F.S.;
   15         revising requirements for the adoption of airport land
   16         use compatibility zoning regulations; reenacting ss.
   17         365.172(13), 379.2293(2), 493.6101(22), and
   18         493.6403(1)(c), F.S., relating to emergency
   19         communications, airport activities within the scope of
   20         a federally approved wildlife hazard management plan
   21         or a federal or state permit or other authorization
   22         for depredation or harassment, definitions, and
   23         license requirements, respectively, to incorporate the
   24         amendment made to s. 330.27, F.S., in references
   25         thereto; providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Subsections (1), (2), and (8) of section 330.27,
   30  Florida Statutes, are amended to read:
   31         330.27 Definitions, when used in ss. 330.29-330.39.—
   32         (1) “Aircraft” means a powered or unpowered machine or
   33  device capable of atmospheric flight, including, but not limited
   34  to, an airplane, autogyro, glider, gyrodyne, helicopter, lift
   35  and cruise, multicopter, paramotor, powered lift, seaplane,
   36  tiltrotor, ultralight, and vectored thrust. The term does not
   37  include except a parachute or other such device used primarily
   38  as safety equipment.
   39         (2) “Airport” means an area of land or water used for, or
   40  intended to be used for, landing and takeoff of aircraft
   41  operations, which may include any including appurtenant areas,
   42  buildings, facilities, or rights-of-way necessary to facilitate
   43  such use or intended use. The term includes, but is not limited
   44  to, an airpark, airport, gliderport, heliport, helistop,
   45  seaplane base, ultralight flightpark, vertiport, and vertistop.
   46         (8)“Ultralight aircraft” means any aircraft meeting the
   47  criteria established by part 103 of the Federal Aviation
   48  Regulations.
   49         Section 2. Present subsections (3) and (4) of section
   50  330.30, Florida Statutes, are redesignated as subsections (4)
   51  and (5), respectively, a new subsection (3) is added to that
   52  section, and paragraph (a) of subsection (1), paragraph (a) of
   53  subsection (2), and present subsection (4) of that section are
   54  amended, to read:
   55         330.30 Approval of airport sites; registration and
   56  licensure of airports.—
   57         (1) SITE APPROVALS; REQUIREMENTS, EFFECTIVE PERIOD,
   58  REVOCATION.—
   59         (a) Except as provided in subsection (4) (3), the owner or
   60  lessee of a proposed airport shall, before site acquisition or
   61  construction or establishment of the proposed airport, obtain
   62  approval of the airport site from the department. Applications
   63  for approval of a site shall be made in a form and manner
   64  prescribed by the department. The department shall grant the
   65  site approval if it is satisfied:
   66         1. That the site has adequate area allocated for the
   67  airport as proposed.
   68         2. That the proposed airport will conform to licensing or
   69  registration requirements and will comply with the applicable
   70  local government land development regulations or zoning
   71  requirements.
   72         3. That all affected airports, local governments, and
   73  property owners have been notified and any comments submitted by
   74  them have been given adequate consideration.
   75         4. That safe air-traffic patterns can be established for
   76  the proposed airport with all existing airports and approved
   77  airport sites in its vicinity.
   78         (2) LICENSES AND REGISTRATIONS; REQUIREMENTS, RENEWAL,
   79  REVOCATION.—
   80         (a) Except as provided in subsection (4) (3), the owner or
   81  lessee of an airport in this state shall have a public airport
   82  license, private airport registration, or temporary airport
   83  registration before the operation of aircraft to or from the
   84  airport. Application for a license or registration shall be made
   85  in a form and manner prescribed by the department.
   86         1. For a public airport, upon granting site approval, the
   87  department shall issue a license after a final airport
   88  inspection finds the airport to be in compliance with all
   89  requirements for the license. The license may be subject to any
   90  reasonable conditions the department deems necessary to protect
   91  the public health, safety, or welfare.
   92         2. For a private airport, upon granting site approval, the
   93  department shall provide controlled electronic access to the
   94  state aviation facility data system to permit the applicant to
   95  complete the registration process. Registration shall be
   96  completed upon self-certification by the registrant of
   97  operational and configuration data deemed necessary by the
   98  department.
   99         3. For a temporary airport, the department must publish
  100  notice of receipt of a completed registration application in the
  101  next available publication of the Florida Administrative
  102  Register and may not approve a registration application less
  103  than 14 days after the date of publication of the notice. The
  104  department must approve or deny a registration application
  105  within 30 days after receipt of a completed application and must
  106  issue the temporary airport registration concurrent with the
  107  airport site approval. A completed registration application that
  108  is not approved or denied within 30 days after the department
  109  receives the completed application is considered approved and
  110  shall be issued, subject to such reasonable conditions as are
  111  authorized by law. An applicant seeking to claim registration by
  112  default under this subparagraph must notify the agency clerk of
  113  the department, in writing, of the intent to rely upon the
  114  default registration provision of this subparagraph and may not
  115  take any action based upon the default registration until after
  116  receipt of such notice by the agency clerk.
  117         (3)VERTIPORTS.—On or after July 1, 2024, the owner or
  118  lessee of a proposed vertiport must comply with subsection (1)
  119  in obtaining site approval and with subsection (2) in obtaining
  120  an airport license or registration. In conjunction with the
  121  granting of site approval, the department must conduct a final
  122  physical inspection of the vertiport to ensure compliance with
  123  all requirements for airport licensure or registration.
  124         (5)(4) EXCEPTIONS.—Private airports with 10 or more based
  125  aircraft may request to be inspected and licensed by the
  126  department. Private airports licensed according to this
  127  subsection shall be considered private airports as defined in s.
  128  330.27 s. 330.27(5) in all other respects.
  129         Section 3. Section 332.15, Florida Statutes, is created to
  130  read:
  131         332.15Advanced air mobility.—The Department of
  132  Transportation shall, within the resources provided pursuant to
  133  chapter 216:
  134         (1)Address the need for vertiports, advanced air mobility,
  135  and other advances in aviation technology in the statewide
  136  aviation system plan as required under s. 332.006(1) and, as
  137  appropriate, in the department’s work program.
  138         (2)Designate a subject matter expert on advanced air
  139  mobility within the department to serve as a resource for local
  140  jurisdictions navigating advances in aviation technology.
  141         (3)Lead a statewide education campaign for local officials
  142  to provide education on the benefits of advanced air mobility
  143  and advances in aviation technology and to support the efforts
  144  to make this state a leader in aviation technology.
  145         (4)Provide local jurisdictions with a guidebook and
  146  technical resources to support uniform planning and zoning
  147  language across this state related to advanced air mobility and
  148  other advances in aviation technology.
  149         (5)Ensure that a political subdivision of the state does
  150  not exercise its zoning and land use authority to grant or
  151  permit an exclusive right to one or more vertiport owners or
  152  operators and authorize a political subdivision to use its
  153  authority to promote reasonable access to advanced air mobility
  154  operators at public use vertiports within the jurisdiction of
  155  the subdivision.
  156         (6)Conduct a review of airport hazard zone regulations
  157  and, as needed, make recommendations to the Legislature
  158  proposing any changes to regulations as a result of the review.
  159         Section 4. Subsection (2) of section 333.03, Florida
  160  Statutes, is amended to read:
  161         333.03 Requirement to adopt airport zoning regulations.—
  162         (2) In the manner provided in subsection (1), political
  163  subdivisions shall adopt, administer, and enforce airport land
  164  use compatibility zoning regulations. At a minimum, airport land
  165  use compatibility zoning regulations must address shall, at a
  166  minimum, consider the following:
  167         (a) The prohibition of new landfills and the restriction of
  168  existing landfills within the following areas:
  169         1. Within 10,000 feet from the nearest point of any runway
  170  used or planned to be used by turbine aircraft.
  171         2. Within 5,000 feet from the nearest point of any runway
  172  used by only nonturbine aircraft.
  173         3. Outside the perimeters defined in subparagraphs 1. and
  174  2., but still within the lateral limits of the civil airport
  175  imaginary surfaces defined in 14 C.F.R. s. 77.19. Case-by-case
  176  review of such landfills is advised.
  177         (b) When Where any landfill is located and constructed in a
  178  manner that attracts or sustains hazardous bird movements from
  179  feeding, water, or roosting areas into, or across, the runways
  180  or approach and departure patterns of aircraft. The landfill
  181  operator must incorporate bird management techniques or other
  182  practices to minimize bird hazards to airborne aircraft.
  183         (c) When Where an airport authority or other governing body
  184  operating a public-use airport has conducted a noise study in
  185  accordance with 14 C.F.R. part 150, or when where a public-use
  186  airport owner has established noise contours pursuant to another
  187  public study accepted by the Federal Aviation Administration,
  188  the prohibition of incompatible uses, as established in the
  189  noise study in 14 C.F.R. part 150, Appendix A or as a part of an
  190  alternative Federal Aviation Administration-accepted public
  191  study, within the noise contours established by any of these
  192  studies, except if such uses are specifically contemplated by
  193  such study with appropriate mitigation or similar techniques
  194  described in the study.
  195         (d) When Where an airport authority or other governing body
  196  operating a public-use airport has not conducted a noise study,
  197  the prohibition mitigation of potential incompatible uses
  198  associated with residential construction and any educational
  199  facilities facility, with the exception of aviation school
  200  facilities or residential property near a public-use airport
  201  that has as its sole runway a turf runway measuring less than
  202  2,800 feet in length, within an area contiguous to the airport
  203  measuring one-half the length of the longest runway on either
  204  side of and at the end of each runway centerline.
  205         (e) The restriction of new incompatible uses, activities,
  206  or substantial modifications to existing incompatible uses
  207  within runway protection zones.
  208         Section 5. For the purpose of incorporating the amendment
  209  made by this act to section 330.27, Florida Statutes, in a
  210  reference thereto, subsection (13) of section 365.172, Florida
  211  Statutes, is reenacted to read:
  212         365.172 Emergency communications.—
  213         (13) FACILITATING EMERGENCY COMMUNICATIONS SERVICE
  214  IMPLEMENTATION.—To balance the public need for reliable
  215  emergency communications services through reliable wireless
  216  systems and the public interest served by governmental zoning
  217  and land development regulations and notwithstanding any other
  218  law or local ordinance to the contrary, the following standards
  219  shall apply to a local government’s actions, as a regulatory
  220  body, in the regulation of the placement, construction, or
  221  modification of a wireless communications facility. This
  222  subsection may not, however, be construed to waive or alter the
  223  provisions of s. 286.011 or s. 286.0115. For the purposes of
  224  this subsection only, “local government” shall mean any
  225  municipality or county and any agency of a municipality or
  226  county only. The term “local government” does not, however,
  227  include any airport, as defined by s. 330.27(2), even if it is
  228  owned or controlled by or through a municipality, county, or
  229  agency of a municipality or county. Further, notwithstanding
  230  anything in this section to the contrary, this subsection does
  231  not apply to or control a local government’s actions as a
  232  property or structure owner in the use of any property or
  233  structure owned by such entity for the placement, construction,
  234  or modification of wireless communications facilities. In the
  235  use of property or structures owned by the local government,
  236  however, a local government may not use its regulatory authority
  237  so as to avoid compliance with, or in a manner that does not
  238  advance, the provisions of this subsection.
  239         (a) Colocation among wireless providers is encouraged by
  240  the state.
  241         1.a. Colocations on towers, including nonconforming towers,
  242  that meet the requirements in sub-sub-subparagraphs (I), (II),
  243  and (III), are subject to only building permit review, which may
  244  include a review for compliance with this subparagraph. Such
  245  colocations are not subject to any design or placement
  246  requirements of the local government’s land development
  247  regulations in effect at the time of the colocation that are
  248  more restrictive than those in effect at the time of the initial
  249  antennae placement approval, to any other portion of the land
  250  development regulations, or to public hearing review. This sub
  251  subparagraph may not preclude a public hearing for any appeal of
  252  the decision on the colocation application.
  253         (I) The colocation does not increase the height of the
  254  tower to which the antennae are to be attached, measured to the
  255  highest point of any part of the tower or any existing antenna
  256  attached to the tower;
  257         (II) The colocation does not increase the ground space
  258  area, commonly known as the compound, approved in the site plan
  259  for equipment enclosures and ancillary facilities; and
  260         (III) The colocation consists of antennae, equipment
  261  enclosures, and ancillary facilities that are of a design and
  262  configuration consistent with all applicable regulations,
  263  restrictions, or conditions, if any, applied to the initial
  264  antennae placed on the tower and to its accompanying equipment
  265  enclosures and ancillary facilities and, if applicable, applied
  266  to the tower supporting the antennae. Such regulations may
  267  include the design and aesthetic requirements, but not
  268  procedural requirements, other than those authorized by this
  269  section, of the local government’s land development regulations
  270  in effect at the time the initial antennae placement was
  271  approved.
  272         b. Except for a historic building, structure, site, object,
  273  or district, or a tower included in sub-subparagraph a.,
  274  colocations on all other existing structures that meet the
  275  requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
  276  to no more than building permit review, and an administrative
  277  review for compliance with this subparagraph. Such colocations
  278  are not subject to any portion of the local government’s land
  279  development regulations not addressed herein, or to public
  280  hearing review. This sub-subparagraph may not preclude a public
  281  hearing for any appeal of the decision on the colocation
  282  application.
  283         (I) The colocation does not increase the height of the
  284  existing structure to which the antennae are to be attached,
  285  measured to the highest point of any part of the structure or
  286  any existing antenna attached to the structure;
  287         (II) The colocation does not increase the ground space
  288  area, otherwise known as the compound, if any, approved in the
  289  site plan for equipment enclosures and ancillary facilities;
  290         (III) The colocation consists of antennae, equipment
  291  enclosures, and ancillary facilities that are of a design and
  292  configuration consistent with any applicable structural or
  293  aesthetic design requirements and any requirements for location
  294  on the structure, but not prohibitions or restrictions on the
  295  placement of additional colocations on the existing structure or
  296  procedural requirements, other than those authorized by this
  297  section, of the local government’s land development regulations
  298  in effect at the time of the colocation application; and
  299         (IV) The colocation consists of antennae, equipment
  300  enclosures, and ancillary facilities that are of a design and
  301  configuration consistent with all applicable restrictions or
  302  conditions, if any, that do not conflict with sub-sub
  303  subparagraph (III) and were applied to the initial antennae
  304  placed on the structure and to its accompanying equipment
  305  enclosures and ancillary facilities and, if applicable, applied
  306  to the structure supporting the antennae.
  307         c. Regulations, restrictions, conditions, or permits of the
  308  local government, acting in its regulatory capacity, that limit
  309  the number of colocations or require review processes
  310  inconsistent with this subsection do not apply to colocations
  311  addressed in this subparagraph.
  312         d. If only a portion of the colocation does not meet the
  313  requirements of this subparagraph, such as an increase in the
  314  height of the proposed antennae over the existing structure
  315  height or a proposal to expand the ground space approved in the
  316  site plan for the equipment enclosure, where all other portions
  317  of the colocation meet the requirements of this subparagraph,
  318  that portion of the colocation only may be reviewed under the
  319  local government’s regulations applicable to an initial
  320  placement of that portion of the facility, including, but not
  321  limited to, its land development regulations, and within the
  322  review timeframes of subparagraph (d)2., and the rest of the
  323  colocation shall be reviewed in accordance with this
  324  subparagraph. A colocation proposal under this subparagraph that
  325  increases the ground space area, otherwise known as the
  326  compound, approved in the original site plan for equipment
  327  enclosures and ancillary facilities by no more than a cumulative
  328  amount of 400 square feet or 50 percent of the original compound
  329  size, whichever is greater, shall, however, require no more than
  330  administrative review for compliance with the local government’s
  331  regulations, including, but not limited to, land development
  332  regulations review, and building permit review, with no public
  333  hearing review. This sub-subparagraph does not preclude a public
  334  hearing for any appeal of the decision on the colocation
  335  application.
  336         2. If a colocation does not meet the requirements of
  337  subparagraph 1., the local government may review the application
  338  under the local government’s regulations, including, but not
  339  limited to, land development regulations, applicable to the
  340  placement of initial antennae and their accompanying equipment
  341  enclosure and ancillary facilities.
  342         3. If a colocation meets the requirements of subparagraph
  343  1., the colocation may not be considered a modification to an
  344  existing structure or an impermissible modification of a
  345  nonconforming structure.
  346         4. The owner of the existing tower on which the proposed
  347  antennae are to be colocated shall remain responsible for
  348  compliance with any applicable condition or requirement of a
  349  permit or agreement, or any applicable condition or requirement
  350  of the land development regulations to which the existing tower
  351  had to comply at the time the tower was permitted, including any
  352  aesthetic requirements, provided the condition or requirement is
  353  not inconsistent with this paragraph.
  354         5. An existing tower, including a nonconforming tower, may
  355  be structurally modified in order to permit colocation or may be
  356  replaced through no more than administrative review and building
  357  permit review, and is not subject to public hearing review, if
  358  the overall height of the tower is not increased and, if a
  359  replacement, the replacement tower is a monopole tower or, if
  360  the existing tower is a camouflaged tower, the replacement tower
  361  is a like-camouflaged tower. This subparagraph may not preclude
  362  a public hearing for any appeal of the decision on the
  363  application.
  364         (b)1. A local government’s land development and
  365  construction regulations for wireless communications facilities
  366  and the local government’s review of an application for the
  367  placement, construction, or modification of a wireless
  368  communications facility shall only address land development or
  369  zoning issues. In such local government regulations or review,
  370  the local government may not require information on or evaluate
  371  a wireless provider’s business decisions about its service,
  372  customer demand for its service, or quality of its service to or
  373  from a particular area or site, unless the wireless provider
  374  voluntarily offers this information to the local government. In
  375  such local government regulations or review, a local government
  376  may not require information on or evaluate the wireless
  377  provider’s designed service unless the information or materials
  378  are directly related to an identified land development or zoning
  379  issue or unless the wireless provider voluntarily offers the
  380  information. Information or materials directly related to an
  381  identified land development or zoning issue may include, but are
  382  not limited to, evidence that no existing structure can
  383  reasonably be used for the antennae placement instead of the
  384  construction of a new tower, that residential areas cannot be
  385  served from outside the residential area, as addressed in
  386  subparagraph 3., or that the proposed height of a new tower or
  387  initial antennae placement or a proposed height increase of a
  388  modified tower, replacement tower, or colocation is necessary to
  389  provide the provider’s designed service. Nothing in this
  390  paragraph shall limit the local government from reviewing any
  391  applicable land development or zoning issue addressed in its
  392  adopted regulations that does not conflict with this section,
  393  including, but not limited to, aesthetics, landscaping, land
  394  use-based location priorities, structural design, and setbacks.
  395         2. Any setback or distance separation required of a tower
  396  may not exceed the minimum distance necessary, as determined by
  397  the local government, to satisfy the structural safety or
  398  aesthetic concerns that are to be protected by the setback or
  399  distance separation.
  400         3. A local government may exclude the placement of wireless
  401  communications facilities in a residential area or residential
  402  zoning district but only in a manner that does not constitute an
  403  actual or effective prohibition of the provider’s service in
  404  that residential area or zoning district. If a wireless provider
  405  demonstrates to the satisfaction of the local government that
  406  the provider cannot reasonably provide its service to the
  407  residential area or zone from outside the residential area or
  408  zone, the municipality or county and provider shall cooperate to
  409  determine an appropriate location for a wireless communications
  410  facility of an appropriate design within the residential area or
  411  zone. The local government may require that the wireless
  412  provider reimburse the reasonable costs incurred by the local
  413  government for this cooperative determination. An application
  414  for such cooperative determination may not be considered an
  415  application under paragraph (d).
  416         4. A local government may impose a reasonable fee on
  417  applications to place, construct, or modify a wireless
  418  communications facility only if a similar fee is imposed on
  419  applicants seeking other similar types of zoning, land use, or
  420  building permit review. A local government may impose fees for
  421  the review of applications for wireless communications
  422  facilities by consultants or experts who conduct code compliance
  423  review for the local government but any fee is limited to
  424  specifically identified reasonable expenses incurred in the
  425  review. A local government may impose reasonable surety
  426  requirements to ensure the removal of wireless communications
  427  facilities that are no longer being used.
  428         5. A local government may impose design requirements, such
  429  as requirements for designing towers to support colocation or
  430  aesthetic requirements, except as otherwise limited in this
  431  section, but may not impose or require information on compliance
  432  with building code type standards for the construction or
  433  modification of wireless communications facilities beyond those
  434  adopted by the local government under chapter 553 and that apply
  435  to all similar types of construction.
  436         (c) Local governments may not require wireless providers to
  437  provide evidence of a wireless communications facility’s
  438  compliance with federal regulations, except evidence of
  439  compliance with applicable Federal Aviation Administration
  440  requirements under 14 C.F.R. part 77, as amended, and evidence
  441  of proper Federal Communications Commission licensure, or other
  442  evidence of Federal Communications Commission authorized
  443  spectrum use, but may request the Federal Communications
  444  Commission to provide information as to a wireless provider’s
  445  compliance with federal regulations, as authorized by federal
  446  law.
  447         (d)1. A local government shall grant or deny each properly
  448  completed application for a colocation under subparagraph (a)1.
  449  based on the application’s compliance with the local
  450  government’s applicable regulations, as provided for in
  451  subparagraph (a)1. and consistent with this subsection, and
  452  within the normal timeframe for a similar building permit review
  453  but in no case later than 45 business days after the date the
  454  application is determined to be properly completed in accordance
  455  with this paragraph.
  456         2. A local government shall grant or deny each properly
  457  completed application for any other wireless communications
  458  facility based on the application’s compliance with the local
  459  government’s applicable regulations, including but not limited
  460  to land development regulations, consistent with this subsection
  461  and within the normal timeframe for a similar type review but in
  462  no case later than 90 business days after the date the
  463  application is determined to be properly completed in accordance
  464  with this paragraph.
  465         3.a. An application is deemed submitted or resubmitted on
  466  the date the application is received by the local government. If
  467  the local government does not notify the applicant in writing
  468  that the application is not completed in compliance with the
  469  local government’s regulations within 20 business days after the
  470  date the application is initially submitted or additional
  471  information resubmitted, the application is deemed, for
  472  administrative purposes only, to be properly completed and
  473  properly submitted. However, the determination may not be deemed
  474  as an approval of the application. If the application is not
  475  completed in compliance with the local government’s regulations,
  476  the local government shall so notify the applicant in writing
  477  and the notification must indicate with specificity any
  478  deficiencies in the required documents or deficiencies in the
  479  content of the required documents which, if cured, make the
  480  application properly completed. Upon resubmission of information
  481  to cure the stated deficiencies, the local government shall
  482  notify the applicant, in writing, within the normal timeframes
  483  of review, but in no case longer than 20 business days after the
  484  additional information is submitted, of any remaining
  485  deficiencies that must be cured. Deficiencies in document type
  486  or content not specified by the local government do not make the
  487  application incomplete. Notwithstanding this sub-subparagraph,
  488  if a specified deficiency is not properly cured when the
  489  applicant resubmits its application to comply with the notice of
  490  deficiencies, the local government may continue to request the
  491  information until such time as the specified deficiency is
  492  cured. The local government may establish reasonable timeframes
  493  within which the required information to cure the application
  494  deficiency is to be provided or the application will be
  495  considered withdrawn or closed.
  496         b. If the local government fails to grant or deny a
  497  properly completed application for a wireless communications
  498  facility within the timeframes set forth in this paragraph, the
  499  application shall be deemed automatically approved and the
  500  applicant may proceed with placement of the facilities without
  501  interference or penalty. The timeframes specified in
  502  subparagraph 2. may be extended only to the extent that the
  503  application has not been granted or denied because the local
  504  government’s procedures generally applicable to all other
  505  similar types of applications require action by the governing
  506  body and such action has not taken place within the timeframes
  507  specified in subparagraph 2. Under such circumstances, the local
  508  government must act to either grant or deny the application at
  509  its next regularly scheduled meeting or, otherwise, the
  510  application is deemed to be automatically approved.
  511         c. To be effective, a waiver of the timeframes set forth in
  512  this paragraph must be voluntarily agreed to by the applicant
  513  and the local government. A local government may request, but
  514  not require, a waiver of the timeframes by the applicant, except
  515  that, with respect to a specific application, a one-time waiver
  516  may be required in the case of a declared local, state, or
  517  federal emergency that directly affects the administration of
  518  all permitting activities of the local government.
  519         (e) The replacement of or modification to a wireless
  520  communications facility, except a tower, that results in a
  521  wireless communications facility not readily discernibly
  522  different in size, type, and appearance when viewed from ground
  523  level from surrounding properties, and the replacement or
  524  modification of equipment that is not visible from surrounding
  525  properties, all as reasonably determined by the local
  526  government, are subject to no more than applicable building
  527  permit review.
  528         (f) Any other law to the contrary notwithstanding, the
  529  Department of Management Services shall negotiate, in the name
  530  of the state, leases for wireless communications facilities that
  531  provide access to state government-owned property not acquired
  532  for transportation purposes, and the Department of
  533  Transportation shall negotiate, in the name of the state, leases
  534  for wireless communications facilities that provide access to
  535  property acquired for state rights-of-way. On property acquired
  536  for transportation purposes, leases shall be granted in
  537  accordance with s. 337.251. On other state government-owned
  538  property, leases shall be granted on a space available, first
  539  come, first-served basis. Payments required by state government
  540  under a lease must be reasonable and must reflect the market
  541  rate for the use of the state government-owned property. The
  542  Department of Management Services and the Department of
  543  Transportation are authorized to adopt rules for the terms and
  544  conditions and granting of any such leases.
  545         (g) If any person adversely affected by any action, or
  546  failure to act, or regulation, or requirement of a local
  547  government in the review or regulation of the wireless
  548  communication facilities files an appeal or brings an
  549  appropriate action in a court or venue of competent
  550  jurisdiction, following the exhaustion of all administrative
  551  remedies, the matter shall be considered on an expedited basis.
  552         Section 6. For the purpose of incorporating the amendment
  553  made by this act to section 330.27, Florida Statutes, in a
  554  reference thereto, subsection (2) of section 379.2293, Florida
  555  Statutes, is reenacted to read:
  556         379.2293 Airport activities within the scope of a federally
  557  approved wildlife hazard management plan or a federal or state
  558  permit or other authorization for depredation or harassment.—
  559         (2) An airport authority or other entity owning or
  560  operating an airport, as defined in s. 330.27(2), is not subject
  561  to any administrative or civil penalty, restriction, or other
  562  sanction with respect to any authorized action taken in a non
  563  negligent manner for the purpose of protecting human life or
  564  aircraft safety from wildlife hazards.
  565         Section 7. For the purpose of incorporating the amendment
  566  made by this act to section 330.27, Florida Statutes, in a
  567  reference thereto, subsection (22) of section 493.6101, Florida
  568  Statutes, is reenacted to read:
  569         493.6101 Definitions.—
  570         (22) “Repossession” means the recovery of a motor vehicle
  571  as defined under s. 320.01(1), a mobile home as defined in s.
  572  320.01(2), a motorboat as defined under s. 327.02, an aircraft
  573  as defined in s. 330.27(1), a personal watercraft as defined in
  574  s. 327.02, an all-terrain vehicle as defined in s. 316.2074,
  575  farm equipment as defined under s. 686.402, or industrial
  576  equipment, by an individual who is authorized by the legal
  577  owner, lienholder, or lessor to recover, or to collect money
  578  payment in lieu of recovery of, that which has been sold or
  579  leased under a security agreement that contains a repossession
  580  clause. As used in this subsection, the term “industrial
  581  equipment” includes, but is not limited to, tractors, road
  582  rollers, cranes, forklifts, backhoes, and bulldozers. The term
  583  “industrial equipment” also includes other vehicles that are
  584  propelled by power other than muscular power and that are used
  585  in the manufacture of goods or used in the provision of
  586  services. A repossession is complete when a licensed recovery
  587  agent is in control, custody, and possession of such repossessed
  588  property. Property that is being repossessed shall be considered
  589  to be in the control, custody, and possession of a recovery
  590  agent if the property being repossessed is secured in
  591  preparation for transport from the site of the recovery by means
  592  of being attached to or placed on the towing or other transport
  593  vehicle or if the property being repossessed is being operated
  594  or about to be operated by an employee of the recovery agency.
  595         Section 8. For the purpose of incorporating the amendment
  596  made by this act to section 330.27, Florida Statutes, in a
  597  reference thereto, paragraph (c) of subsection (1) of section
  598  493.6403, Florida Statutes, is reenacted to read:
  599         493.6403 License requirements.—
  600         (1) In addition to the license requirements set forth in
  601  this chapter, each individual or agency shall comply with the
  602  following additional requirements:
  603         (c) An applicant for a Class “E” license shall have at
  604  least 1 year of lawfully gained, verifiable, full-time
  605  experience in one, or a combination of more than one, of the
  606  following:
  607         1. Repossession of motor vehicles as defined in s.
  608  320.01(1), mobile homes as defined in s. 320.01(2), motorboats
  609  as defined in s. 327.02, aircraft as defined in s. 330.27(1),
  610  personal watercraft as defined in s. 327.02, all-terrain
  611  vehicles as defined in s. 316.2074, farm equipment as defined
  612  under s. 686.402, or industrial equipment as defined in s.
  613  493.6101(22).
  614         2. Work as a Class “EE” licensed intern.
  615         Section 9. This act shall take effect July 1, 2024.