Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 981
       
       
       
       
       
       
                                Ì163918DÎ163918                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .           Floor: RC            
             03/05/2024 06:43 PM       .      03/07/2024 04:13 PM       
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       Senator Harrell moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (1), (2), and (8) of section 330.27,
    6  Florida Statutes, are amended to read:
    7         330.27 Definitions, when used in ss. 330.29-330.39.—
    8         (1) “Aircraft” means a powered or unpowered machine or
    9  device capable of atmospheric flight, including, but not limited
   10  to, an airplane, autogyro, glider, gyrodyne, helicopter, lift
   11  and cruise, multicopter, paramotor, powered lift, seaplane,
   12  tiltrotor, ultralight, and vectored thrust. The term does not
   13  include except a parachute or other such device used primarily
   14  as safety equipment.
   15         (2) “Airport” means an area of land or water used for, or
   16  intended to be used for, landing and takeoff of aircraft
   17  operations, which may include any including appurtenant areas,
   18  buildings, facilities, or rights-of-way necessary to facilitate
   19  such use or intended use. The term includes, but is not limited
   20  to, an airpark, airport, gliderport, heliport, helistop,
   21  seaplane base, ultralight flightpark, vertiport, and vertistop.
   22         (8)“Ultralight aircraft” means any aircraft meeting the
   23  criteria established by part 103 of the Federal Aviation
   24  Regulations.
   25         Section 2. Present subsections (3) and (4) of section
   26  330.30, Florida Statutes, are redesignated as subsections (4)
   27  and (5), respectively, a new subsection (3) is added to that
   28  section, and paragraph (a) of subsection (1), paragraph (a) of
   29  subsection (2), and present subsection (4) of that section are
   30  amended, to read:
   31         330.30 Approval of airport sites; registration and
   32  licensure of airports.—
   33         (1) SITE APPROVALS; REQUIREMENTS, EFFECTIVE PERIOD,
   34  REVOCATION.—
   35         (a) Except as provided in subsection (4) (3), the owner or
   36  lessee of a proposed airport shall, before site acquisition or
   37  construction or establishment of the proposed airport, obtain
   38  approval of the airport site from the department. Applications
   39  for approval of a site shall be made in a form and manner
   40  prescribed by the department. The department shall grant the
   41  site approval if it is satisfied:
   42         1. That the site has adequate area allocated for the
   43  airport as proposed.
   44         2. That the proposed airport will conform to licensing or
   45  registration requirements and will comply with the applicable
   46  local government land development regulations or zoning
   47  requirements.
   48         3. That all affected airports, local governments, and
   49  property owners have been notified and any comments submitted by
   50  them have been given adequate consideration.
   51         4. That safe air-traffic patterns can be established for
   52  the proposed airport with all existing airports and approved
   53  airport sites in its vicinity.
   54         (2) LICENSES AND REGISTRATIONS; REQUIREMENTS, RENEWAL,
   55  REVOCATION.—
   56         (a) Except as provided in subsection (4) (3), the owner or
   57  lessee of an airport in this state shall have a public airport
   58  license, private airport registration, or temporary airport
   59  registration before the operation of aircraft to or from the
   60  airport. Application for a license or registration shall be made
   61  in a form and manner prescribed by the department.
   62         1. For a public airport, upon granting site approval, the
   63  department shall issue a license after a final airport
   64  inspection finds the airport to be in compliance with all
   65  requirements for the license. The license may be subject to any
   66  reasonable conditions the department deems necessary to protect
   67  the public health, safety, or welfare.
   68         2. For a private airport, upon granting site approval, the
   69  department shall provide controlled electronic access to the
   70  state aviation facility data system to permit the applicant to
   71  complete the registration process. Registration shall be
   72  completed upon self-certification by the registrant of
   73  operational and configuration data deemed necessary by the
   74  department.
   75         3. For a temporary airport, the department must publish
   76  notice of receipt of a completed registration application in the
   77  next available publication of the Florida Administrative
   78  Register and may not approve a registration application less
   79  than 14 days after the date of publication of the notice. The
   80  department must approve or deny a registration application
   81  within 30 days after receipt of a completed application and must
   82  issue the temporary airport registration concurrent with the
   83  airport site approval. A completed registration application that
   84  is not approved or denied within 30 days after the department
   85  receives the completed application is considered approved and
   86  shall be issued, subject to such reasonable conditions as are
   87  authorized by law. An applicant seeking to claim registration by
   88  default under this subparagraph must notify the agency clerk of
   89  the department, in writing, of the intent to rely upon the
   90  default registration provision of this subparagraph and may not
   91  take any action based upon the default registration until after
   92  receipt of such notice by the agency clerk.
   93         (3)VERTIPORTS.—On or after July 1, 2024, the owner or
   94  lessee of a proposed vertiport must comply with subsection (1)
   95  in obtaining site approval and with subsection (2) in obtaining
   96  an airport license or registration. In conjunction with the
   97  granting of site approval, the department must conduct a final
   98  physical inspection of the vertiport to ensure compliance with
   99  all requirements for airport licensure or registration.
  100         (5)(4) EXCEPTIONS.—Private airports with 10 or more based
  101  aircraft may request to be inspected and licensed by the
  102  department. Private airports licensed according to this
  103  subsection shall be considered private airports as defined in s.
  104  330.27 s. 330.27(5) in all other respects.
  105         Section 3. Section 332.15, Florida Statutes, is created to
  106  read:
  107         332.15Advanced air mobility.—The Department of
  108  Transportation shall, within the resources provided pursuant to
  109  chapter 216:
  110         (1)Address the need for vertiports, advanced air mobility,
  111  and other advances in aviation technology in the statewide
  112  aviation system plan as required under s. 332.006(1) and, as
  113  appropriate, in the department’s work program.
  114         (2)Designate a subject matter expert on advanced air
  115  mobility within the department to serve as a resource for local
  116  jurisdictions navigating advances in aviation technology.
  117         (3)Lead a statewide education campaign for local officials
  118  to provide education on the benefits of advanced air mobility
  119  and advances in aviation technology and to support the efforts
  120  to make this state a leader in aviation technology.
  121         (4)Provide local jurisdictions with a guidebook and
  122  technical resources to support uniform planning and zoning
  123  language across this state related to advanced air mobility and
  124  other advances in aviation technology.
  125         (5)Ensure that a political subdivision of the state does
  126  not exercise its zoning and land use authority to grant or
  127  permit an exclusive right to one or more vertiport owners or
  128  operators and authorize a political subdivision to use its
  129  authority to promote reasonable access to advanced air mobility
  130  operators at public use vertiports within the jurisdiction of
  131  the subdivision.
  132         (6)Conduct a review of airport hazard zone regulations
  133  and, as needed, make recommendations to the Legislature
  134  proposing any changes to regulations as a result of the review.
  135         Section 4. Subsection (2) of section 333.03, Florida
  136  Statutes, is amended to read:
  137         333.03 Requirement to adopt airport zoning regulations.—
  138         (2) In the manner provided in subsection (1), political
  139  subdivisions shall adopt, administer, and enforce airport land
  140  use compatibility zoning regulations. At a minimum, airport land
  141  use compatibility zoning regulations must address shall, at a
  142  minimum, consider the following:
  143         (a) The prohibition of new landfills and the restriction of
  144  existing landfills within the following areas:
  145         1. Within 10,000 feet from the nearest point of any runway
  146  used or planned to be used by turbine aircraft.
  147         2. Within 5,000 feet from the nearest point of any runway
  148  used by only nonturbine aircraft.
  149         3. Outside the perimeters defined in subparagraphs 1. and
  150  2., but still within the lateral limits of the civil airport
  151  imaginary surfaces defined in 14 C.F.R. s. 77.19. Case-by-case
  152  review of such landfills is advised.
  153         (b) When Where any landfill is located and constructed in a
  154  manner that attracts or sustains hazardous bird movements from
  155  feeding, water, or roosting areas into, or across, the runways
  156  or approach and departure patterns of aircraft. The landfill
  157  operator must incorporate bird management techniques or other
  158  practices to minimize bird hazards to airborne aircraft.
  159         (c) When Where an airport authority or other governing body
  160  operating a public-use airport has conducted a noise study in
  161  accordance with 14 C.F.R. part 150, or when where a public-use
  162  airport owner has established noise contours pursuant to another
  163  public study accepted by the Federal Aviation Administration,
  164  the prohibition of incompatible uses, as established in the
  165  noise study in 14 C.F.R. part 150, Appendix A or as a part of an
  166  alternative Federal Aviation Administration-accepted public
  167  study, within the noise contours established by any of these
  168  studies, except if such uses are specifically contemplated by
  169  such study with appropriate mitigation or similar techniques
  170  described in the study.
  171         (d) When Where an airport authority or other governing body
  172  operating a public-use airport has not conducted a noise study,
  173  the prohibition mitigation of potential incompatible uses
  174  associated with residential construction and any educational
  175  facilities facility, with the exception of aviation school
  176  facilities or residential property near a public-use airport
  177  that has as its sole runway a turf runway measuring less than
  178  2,800 feet in length, within an area contiguous to the airport
  179  measuring one-half the length of the longest runway on either
  180  side of and at the end of each runway centerline.
  181         (e) The restriction of new incompatible uses, activities,
  182  or substantial modifications to existing incompatible uses
  183  within runway protection zones.
  184         Section 5. For the purpose of incorporating the amendment
  185  made by this act to section 330.27, Florida Statutes, in a
  186  reference thereto, subsection (13) of section 365.172, Florida
  187  Statutes, is reenacted to read:
  188         365.172 Emergency communications.—
  189         (13) FACILITATING EMERGENCY COMMUNICATIONS SERVICE
  190  IMPLEMENTATION.—To balance the public need for reliable
  191  emergency communications services through reliable wireless
  192  systems and the public interest served by governmental zoning
  193  and land development regulations and notwithstanding any other
  194  law or local ordinance to the contrary, the following standards
  195  shall apply to a local government’s actions, as a regulatory
  196  body, in the regulation of the placement, construction, or
  197  modification of a wireless communications facility. This
  198  subsection may not, however, be construed to waive or alter the
  199  provisions of s. 286.011 or s. 286.0115. For the purposes of
  200  this subsection only, “local government” shall mean any
  201  municipality or county and any agency of a municipality or
  202  county only. The term “local government” does not, however,
  203  include any airport, as defined by s. 330.27(2), even if it is
  204  owned or controlled by or through a municipality, county, or
  205  agency of a municipality or county. Further, notwithstanding
  206  anything in this section to the contrary, this subsection does
  207  not apply to or control a local government’s actions as a
  208  property or structure owner in the use of any property or
  209  structure owned by such entity for the placement, construction,
  210  or modification of wireless communications facilities. In the
  211  use of property or structures owned by the local government,
  212  however, a local government may not use its regulatory authority
  213  so as to avoid compliance with, or in a manner that does not
  214  advance, the provisions of this subsection.
  215         (a) Colocation among wireless providers is encouraged by
  216  the state.
  217         1.a. Colocations on towers, including nonconforming towers,
  218  that meet the requirements in sub-sub-subparagraphs (I), (II),
  219  and (III), are subject to only building permit review, which may
  220  include a review for compliance with this subparagraph. Such
  221  colocations are not subject to any design or placement
  222  requirements of the local government’s land development
  223  regulations in effect at the time of the colocation that are
  224  more restrictive than those in effect at the time of the initial
  225  antennae placement approval, to any other portion of the land
  226  development regulations, or to public hearing review. This sub
  227  subparagraph may not preclude a public hearing for any appeal of
  228  the decision on the colocation application.
  229         (I) The colocation does not increase the height of the
  230  tower to which the antennae are to be attached, measured to the
  231  highest point of any part of the tower or any existing antenna
  232  attached to the tower;
  233         (II) The colocation does not increase the ground space
  234  area, commonly known as the compound, approved in the site plan
  235  for equipment enclosures and ancillary facilities; and
  236         (III) The colocation consists of antennae, equipment
  237  enclosures, and ancillary facilities that are of a design and
  238  configuration consistent with all applicable regulations,
  239  restrictions, or conditions, if any, applied to the initial
  240  antennae placed on the tower and to its accompanying equipment
  241  enclosures and ancillary facilities and, if applicable, applied
  242  to the tower supporting the antennae. Such regulations may
  243  include the design and aesthetic requirements, but not
  244  procedural requirements, other than those authorized by this
  245  section, of the local government’s land development regulations
  246  in effect at the time the initial antennae placement was
  247  approved.
  248         b. Except for a historic building, structure, site, object,
  249  or district, or a tower included in sub-subparagraph a.,
  250  colocations on all other existing structures that meet the
  251  requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
  252  to no more than building permit review, and an administrative
  253  review for compliance with this subparagraph. Such colocations
  254  are not subject to any portion of the local government’s land
  255  development regulations not addressed herein, or to public
  256  hearing review. This sub-subparagraph may not preclude a public
  257  hearing for any appeal of the decision on the colocation
  258  application.
  259         (I) The colocation does not increase the height of the
  260  existing structure to which the antennae are to be attached,
  261  measured to the highest point of any part of the structure or
  262  any existing antenna attached to the structure;
  263         (II) The colocation does not increase the ground space
  264  area, otherwise known as the compound, if any, approved in the
  265  site plan for equipment enclosures and ancillary facilities;
  266         (III) The colocation consists of antennae, equipment
  267  enclosures, and ancillary facilities that are of a design and
  268  configuration consistent with any applicable structural or
  269  aesthetic design requirements and any requirements for location
  270  on the structure, but not prohibitions or restrictions on the
  271  placement of additional colocations on the existing structure or
  272  procedural requirements, other than those authorized by this
  273  section, of the local government’s land development regulations
  274  in effect at the time of the colocation application; and
  275         (IV) The colocation consists of antennae, equipment
  276  enclosures, and ancillary facilities that are of a design and
  277  configuration consistent with all applicable restrictions or
  278  conditions, if any, that do not conflict with sub-sub
  279  subparagraph (III) and were applied to the initial antennae
  280  placed on the structure and to its accompanying equipment
  281  enclosures and ancillary facilities and, if applicable, applied
  282  to the structure supporting the antennae.
  283         c. Regulations, restrictions, conditions, or permits of the
  284  local government, acting in its regulatory capacity, that limit
  285  the number of colocations or require review processes
  286  inconsistent with this subsection do not apply to colocations
  287  addressed in this subparagraph.
  288         d. If only a portion of the colocation does not meet the
  289  requirements of this subparagraph, such as an increase in the
  290  height of the proposed antennae over the existing structure
  291  height or a proposal to expand the ground space approved in the
  292  site plan for the equipment enclosure, where all other portions
  293  of the colocation meet the requirements of this subparagraph,
  294  that portion of the colocation only may be reviewed under the
  295  local government’s regulations applicable to an initial
  296  placement of that portion of the facility, including, but not
  297  limited to, its land development regulations, and within the
  298  review timeframes of subparagraph (d)2., and the rest of the
  299  colocation shall be reviewed in accordance with this
  300  subparagraph. A colocation proposal under this subparagraph that
  301  increases the ground space area, otherwise known as the
  302  compound, approved in the original site plan for equipment
  303  enclosures and ancillary facilities by no more than a cumulative
  304  amount of 400 square feet or 50 percent of the original compound
  305  size, whichever is greater, shall, however, require no more than
  306  administrative review for compliance with the local government’s
  307  regulations, including, but not limited to, land development
  308  regulations review, and building permit review, with no public
  309  hearing review. This sub-subparagraph does not preclude a public
  310  hearing for any appeal of the decision on the colocation
  311  application.
  312         2. If a colocation does not meet the requirements of
  313  subparagraph 1., the local government may review the application
  314  under the local government’s regulations, including, but not
  315  limited to, land development regulations, applicable to the
  316  placement of initial antennae and their accompanying equipment
  317  enclosure and ancillary facilities.
  318         3. If a colocation meets the requirements of subparagraph
  319  1., the colocation may not be considered a modification to an
  320  existing structure or an impermissible modification of a
  321  nonconforming structure.
  322         4. The owner of the existing tower on which the proposed
  323  antennae are to be colocated shall remain responsible for
  324  compliance with any applicable condition or requirement of a
  325  permit or agreement, or any applicable condition or requirement
  326  of the land development regulations to which the existing tower
  327  had to comply at the time the tower was permitted, including any
  328  aesthetic requirements, provided the condition or requirement is
  329  not inconsistent with this paragraph.
  330         5. An existing tower, including a nonconforming tower, may
  331  be structurally modified in order to permit colocation or may be
  332  replaced through no more than administrative review and building
  333  permit review, and is not subject to public hearing review, if
  334  the overall height of the tower is not increased and, if a
  335  replacement, the replacement tower is a monopole tower or, if
  336  the existing tower is a camouflaged tower, the replacement tower
  337  is a like-camouflaged tower. This subparagraph may not preclude
  338  a public hearing for any appeal of the decision on the
  339  application.
  340         (b)1. A local government’s land development and
  341  construction regulations for wireless communications facilities
  342  and the local government’s review of an application for the
  343  placement, construction, or modification of a wireless
  344  communications facility shall only address land development or
  345  zoning issues. In such local government regulations or review,
  346  the local government may not require information on or evaluate
  347  a wireless provider’s business decisions about its service,
  348  customer demand for its service, or quality of its service to or
  349  from a particular area or site, unless the wireless provider
  350  voluntarily offers this information to the local government. In
  351  such local government regulations or review, a local government
  352  may not require information on or evaluate the wireless
  353  provider’s designed service unless the information or materials
  354  are directly related to an identified land development or zoning
  355  issue or unless the wireless provider voluntarily offers the
  356  information. Information or materials directly related to an
  357  identified land development or zoning issue may include, but are
  358  not limited to, evidence that no existing structure can
  359  reasonably be used for the antennae placement instead of the
  360  construction of a new tower, that residential areas cannot be
  361  served from outside the residential area, as addressed in
  362  subparagraph 3., or that the proposed height of a new tower or
  363  initial antennae placement or a proposed height increase of a
  364  modified tower, replacement tower, or colocation is necessary to
  365  provide the provider’s designed service. Nothing in this
  366  paragraph shall limit the local government from reviewing any
  367  applicable land development or zoning issue addressed in its
  368  adopted regulations that does not conflict with this section,
  369  including, but not limited to, aesthetics, landscaping, land
  370  use-based location priorities, structural design, and setbacks.
  371         2. Any setback or distance separation required of a tower
  372  may not exceed the minimum distance necessary, as determined by
  373  the local government, to satisfy the structural safety or
  374  aesthetic concerns that are to be protected by the setback or
  375  distance separation.
  376         3. A local government may exclude the placement of wireless
  377  communications facilities in a residential area or residential
  378  zoning district but only in a manner that does not constitute an
  379  actual or effective prohibition of the provider’s service in
  380  that residential area or zoning district. If a wireless provider
  381  demonstrates to the satisfaction of the local government that
  382  the provider cannot reasonably provide its service to the
  383  residential area or zone from outside the residential area or
  384  zone, the municipality or county and provider shall cooperate to
  385  determine an appropriate location for a wireless communications
  386  facility of an appropriate design within the residential area or
  387  zone. The local government may require that the wireless
  388  provider reimburse the reasonable costs incurred by the local
  389  government for this cooperative determination. An application
  390  for such cooperative determination may not be considered an
  391  application under paragraph (d).
  392         4. A local government may impose a reasonable fee on
  393  applications to place, construct, or modify a wireless
  394  communications facility only if a similar fee is imposed on
  395  applicants seeking other similar types of zoning, land use, or
  396  building permit review. A local government may impose fees for
  397  the review of applications for wireless communications
  398  facilities by consultants or experts who conduct code compliance
  399  review for the local government but any fee is limited to
  400  specifically identified reasonable expenses incurred in the
  401  review. A local government may impose reasonable surety
  402  requirements to ensure the removal of wireless communications
  403  facilities that are no longer being used.
  404         5. A local government may impose design requirements, such
  405  as requirements for designing towers to support colocation or
  406  aesthetic requirements, except as otherwise limited in this
  407  section, but may not impose or require information on compliance
  408  with building code type standards for the construction or
  409  modification of wireless communications facilities beyond those
  410  adopted by the local government under chapter 553 and that apply
  411  to all similar types of construction.
  412         (c) Local governments may not require wireless providers to
  413  provide evidence of a wireless communications facility’s
  414  compliance with federal regulations, except evidence of
  415  compliance with applicable Federal Aviation Administration
  416  requirements under 14 C.F.R. part 77, as amended, and evidence
  417  of proper Federal Communications Commission licensure, or other
  418  evidence of Federal Communications Commission authorized
  419  spectrum use, but may request the Federal Communications
  420  Commission to provide information as to a wireless provider’s
  421  compliance with federal regulations, as authorized by federal
  422  law.
  423         (d)1. A local government shall grant or deny each properly
  424  completed application for a colocation under subparagraph (a)1.
  425  based on the application’s compliance with the local
  426  government’s applicable regulations, as provided for in
  427  subparagraph (a)1. and consistent with this subsection, and
  428  within the normal timeframe for a similar building permit review
  429  but in no case later than 45 business days after the date the
  430  application is determined to be properly completed in accordance
  431  with this paragraph.
  432         2. A local government shall grant or deny each properly
  433  completed application for any other wireless communications
  434  facility based on the application’s compliance with the local
  435  government’s applicable regulations, including but not limited
  436  to land development regulations, consistent with this subsection
  437  and within the normal timeframe for a similar type review but in
  438  no case later than 90 business days after the date the
  439  application is determined to be properly completed in accordance
  440  with this paragraph.
  441         3.a. An application is deemed submitted or resubmitted on
  442  the date the application is received by the local government. If
  443  the local government does not notify the applicant in writing
  444  that the application is not completed in compliance with the
  445  local government’s regulations within 20 business days after the
  446  date the application is initially submitted or additional
  447  information resubmitted, the application is deemed, for
  448  administrative purposes only, to be properly completed and
  449  properly submitted. However, the determination may not be deemed
  450  as an approval of the application. If the application is not
  451  completed in compliance with the local government’s regulations,
  452  the local government shall so notify the applicant in writing
  453  and the notification must indicate with specificity any
  454  deficiencies in the required documents or deficiencies in the
  455  content of the required documents which, if cured, make the
  456  application properly completed. Upon resubmission of information
  457  to cure the stated deficiencies, the local government shall
  458  notify the applicant, in writing, within the normal timeframes
  459  of review, but in no case longer than 20 business days after the
  460  additional information is submitted, of any remaining
  461  deficiencies that must be cured. Deficiencies in document type
  462  or content not specified by the local government do not make the
  463  application incomplete. Notwithstanding this sub-subparagraph,
  464  if a specified deficiency is not properly cured when the
  465  applicant resubmits its application to comply with the notice of
  466  deficiencies, the local government may continue to request the
  467  information until such time as the specified deficiency is
  468  cured. The local government may establish reasonable timeframes
  469  within which the required information to cure the application
  470  deficiency is to be provided or the application will be
  471  considered withdrawn or closed.
  472         b. If the local government fails to grant or deny a
  473  properly completed application for a wireless communications
  474  facility within the timeframes set forth in this paragraph, the
  475  application shall be deemed automatically approved and the
  476  applicant may proceed with placement of the facilities without
  477  interference or penalty. The timeframes specified in
  478  subparagraph 2. may be extended only to the extent that the
  479  application has not been granted or denied because the local
  480  government’s procedures generally applicable to all other
  481  similar types of applications require action by the governing
  482  body and such action has not taken place within the timeframes
  483  specified in subparagraph 2. Under such circumstances, the local
  484  government must act to either grant or deny the application at
  485  its next regularly scheduled meeting or, otherwise, the
  486  application is deemed to be automatically approved.
  487         c. To be effective, a waiver of the timeframes set forth in
  488  this paragraph must be voluntarily agreed to by the applicant
  489  and the local government. A local government may request, but
  490  not require, a waiver of the timeframes by the applicant, except
  491  that, with respect to a specific application, a one-time waiver
  492  may be required in the case of a declared local, state, or
  493  federal emergency that directly affects the administration of
  494  all permitting activities of the local government.
  495         (e) The replacement of or modification to a wireless
  496  communications facility, except a tower, that results in a
  497  wireless communications facility not readily discernibly
  498  different in size, type, and appearance when viewed from ground
  499  level from surrounding properties, and the replacement or
  500  modification of equipment that is not visible from surrounding
  501  properties, all as reasonably determined by the local
  502  government, are subject to no more than applicable building
  503  permit review.
  504         (f) Any other law to the contrary notwithstanding, the
  505  Department of Management Services shall negotiate, in the name
  506  of the state, leases for wireless communications facilities that
  507  provide access to state government-owned property not acquired
  508  for transportation purposes, and the Department of
  509  Transportation shall negotiate, in the name of the state, leases
  510  for wireless communications facilities that provide access to
  511  property acquired for state rights-of-way. On property acquired
  512  for transportation purposes, leases shall be granted in
  513  accordance with s. 337.251. On other state government-owned
  514  property, leases shall be granted on a space available, first
  515  come, first-served basis. Payments required by state government
  516  under a lease must be reasonable and must reflect the market
  517  rate for the use of the state government-owned property. The
  518  Department of Management Services and the Department of
  519  Transportation are authorized to adopt rules for the terms and
  520  conditions and granting of any such leases.
  521         (g) If any person adversely affected by any action, or
  522  failure to act, or regulation, or requirement of a local
  523  government in the review or regulation of the wireless
  524  communication facilities files an appeal or brings an
  525  appropriate action in a court or venue of competent
  526  jurisdiction, following the exhaustion of all administrative
  527  remedies, the matter shall be considered on an expedited basis.
  528         Section 6. For the purpose of incorporating the amendment
  529  made by this act to section 330.27, Florida Statutes, in a
  530  reference thereto, subsection (2) of section 379.2293, Florida
  531  Statutes, is reenacted to read:
  532         379.2293 Airport activities within the scope of a federally
  533  approved wildlife hazard management plan or a federal or state
  534  permit or other authorization for depredation or harassment.—
  535         (2) An airport authority or other entity owning or
  536  operating an airport, as defined in s. 330.27(2), is not subject
  537  to any administrative or civil penalty, restriction, or other
  538  sanction with respect to any authorized action taken in a non
  539  negligent manner for the purpose of protecting human life or
  540  aircraft safety from wildlife hazards.
  541         Section 7. For the purpose of incorporating the amendment
  542  made by this act to section 330.27, Florida Statutes, in a
  543  reference thereto, subsection (22) of section 493.6101, Florida
  544  Statutes, is reenacted to read:
  545         493.6101 Definitions.—
  546         (22) “Repossession” means the recovery of a motor vehicle
  547  as defined under s. 320.01(1), a mobile home as defined in s.
  548  320.01(2), a motorboat as defined under s. 327.02, an aircraft
  549  as defined in s. 330.27(1), a personal watercraft as defined in
  550  s. 327.02, an all-terrain vehicle as defined in s. 316.2074,
  551  farm equipment as defined under s. 686.402, or industrial
  552  equipment, by an individual who is authorized by the legal
  553  owner, lienholder, or lessor to recover, or to collect money
  554  payment in lieu of recovery of, that which has been sold or
  555  leased under a security agreement that contains a repossession
  556  clause. As used in this subsection, the term “industrial
  557  equipment” includes, but is not limited to, tractors, road
  558  rollers, cranes, forklifts, backhoes, and bulldozers. The term
  559  “industrial equipment” also includes other vehicles that are
  560  propelled by power other than muscular power and that are used
  561  in the manufacture of goods or used in the provision of
  562  services. A repossession is complete when a licensed recovery
  563  agent is in control, custody, and possession of such repossessed
  564  property. Property that is being repossessed shall be considered
  565  to be in the control, custody, and possession of a recovery
  566  agent if the property being repossessed is secured in
  567  preparation for transport from the site of the recovery by means
  568  of being attached to or placed on the towing or other transport
  569  vehicle or if the property being repossessed is being operated
  570  or about to be operated by an employee of the recovery agency.
  571         Section 8. For the purpose of incorporating the amendment
  572  made by this act to section 330.27, Florida Statutes, in a
  573  reference thereto, paragraph (c) of subsection (1) of section
  574  493.6403, Florida Statutes, is reenacted to read:
  575         493.6403 License requirements.—
  576         (1) In addition to the license requirements set forth in
  577  this chapter, each individual or agency shall comply with the
  578  following additional requirements:
  579         (c) An applicant for a Class “E” license shall have at
  580  least 1 year of lawfully gained, verifiable, full-time
  581  experience in one, or a combination of more than one, of the
  582  following:
  583         1. Repossession of motor vehicles as defined in s.
  584  320.01(1), mobile homes as defined in s. 320.01(2), motorboats
  585  as defined in s. 327.02, aircraft as defined in s. 330.27(1),
  586  personal watercraft as defined in s. 327.02, all-terrain
  587  vehicles as defined in s. 316.2074, farm equipment as defined
  588  under s. 686.402, or industrial equipment as defined in s.
  589  493.6101(22).
  590         2. Work as a Class “EE” licensed intern.
  591         Section 9. This act shall take effect July 1, 2024.
  592  
  593  ================= T I T L E  A M E N D M E N T ================
  594  And the title is amended as follows:
  595         Delete everything before the enacting clause
  596  and insert:
  597                        A bill to be entitled                      
  598         An act relating to aviation; amending s. 330.27, F.S.;
  599         revising definitions; amending s. 330.30, F.S.;
  600         beginning on a specified date, requiring the owner or
  601         lessee of a proposed vertiport to comply with a
  602         specified provision in obtaining certain approval and
  603         license or registration; requiring the Department of
  604         Transportation to conduct a final physical inspection
  605         of the vertiport to ensure compliance with specified
  606         requirements; conforming a cross-reference; creating
  607         s. 332.15, F.S.; providing duties of the department,
  608         within specified resources, with respect to
  609         vertiports, advanced air mobility, and other advances
  610         in aviation technology; amending s. 333.03, F.S.;
  611         revising requirements for the adoption of airport land
  612         use compatibility zoning regulations; reenacting ss.
  613         365.172(13), 379.2293(2), 493.6101(22), and
  614         493.6403(1)(c), F.S., relating to emergency
  615         communications, airport activities within the scope of
  616         a federally approved wildlife hazard management plan
  617         or a federal or state permit or other authorization
  618         for depredation or harassment, definitions, and
  619         license requirements, respectively, to incorporate the
  620         amendment made to s. 330.27, F.S., in references
  621         thereto; providing an effective date.