Florida Senate - 2023 CS for SB 1672 By the Committee on Transportation; and Senators DiCeglie and Perry 596-03508-23 20231672c1 1 A bill to be entitled 2 An act relating to temporary airports; amending s. 3 330.27, F.S.; revising the definition of the term 4 temporary airport; amending s. 330.30, F.S.; 5 requiring certain documentation to be submitted to the 6 Department of Transportation for temporary airport 7 site approval and temporary airport registration; 8 requiring a temporary airport to obtain registration 9 before operation of aircraft to or from the airport; 10 requiring the department to publish certain notice of 11 intent to approve or deny an application for temporary 12 site approval and registration; specifying the period 13 during which such application may be approved or 14 denied; deeming temporary airport registration 15 complete if the department grants site approval; 16 removing a condition for licensure or registration as 17 a temporary airport; prohibiting approval of 18 subsequent temporary airport registration applications 19 under certain circumstances; revising an exemption 20 from certain provisions for an airport used for aerial 21 application or spraying of crops; providing an 22 effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1.Subsection (7) of section 330.27, Florida 27 Statutes, is amended to read: 28 330.27Definitions, when used in ss. 330.29-330.39. 29 (7)Temporary airport means an any airport at which 30 flight operations are conducted under visual flight rules 31 established by the Federal Aviation Administration and which is 32 that will be used for a period of less than 30 consecutive days 33 with no more than 10 operations per day. 34 Section 2.Subsection (1), paragraphs (a) and (c) of 35 subsection (2), and paragraph (e) of subsection (3) of section 36 330.30, Florida Statutes, are amended to read: 37 330.30Approval of airport sites; registration and 38 licensure of airports. 39 (1)SITE APPROVALS; REQUIREMENTS, EFFECTIVE PERIOD, 40 REVOCATION. 41 (a)Except as provided in subsection (3), the owner or 42 lessee of a any proposed airport shall, before prior to site 43 acquisition or construction or establishment of the proposed 44 airport, obtain approval of the airport site from the 45 department. Applications for approval of a site shall be made in 46 a form and manner prescribed by the department. The department 47 shall grant the site approval if it is satisfied: 48 1.That the site has adequate area allocated for the 49 airport as proposed. 50 2.That the proposed airport will conform to licensing or 51 registration requirements and will comply with the applicable 52 local government land development regulations or zoning 53 requirements. 54 3.That all affected airports, local governments, and 55 property owners have been notified and any comments submitted by 56 them have been given adequate consideration. 57 4.That safe air-traffic patterns can be established for 58 the proposed airport with all existing airports and approved 59 airport sites in its vicinity. 60 (b)Site approval shall be granted for a public airport 61 airports only after a favorable department inspection of the 62 proposed site. 63 (c)Site approval shall be granted for a private airport 64 airports only after receipt of documentation in a form and 65 manner the department deems necessary to satisfy the conditions 66 in paragraph (a). 67 (d)Site approval shall be granted for a temporary airport 68 only after receipt of documentation in a form and manner the 69 department deems necessary to satisfy the conditions in 70 paragraph (a). Such documentation must be included with the 71 application for a temporary airport registration. 72 (e)(d)Site approval may be granted subject to any 73 reasonable conditions the department deems necessary to protect 74 the public health, safety, or welfare. 75 (f)(e)Approval as a public airport or a private airport 76 shall remain valid for 2 years after the date of issue, unless 77 revoked by the department or unless a public airport license is 78 issued or a private airport registration is completed pursuant 79 to subsection (2) before prior to the expiration date. 80 (g)(f)The department may extend a public airport or 81 private airport site approval for subsequent periods of 2 years 82 per extension for good cause. 83 (h)(g)The department may revoke an airport a site approval 84 if it determines: 85 1.That the site has been abandoned as an airport site; 86 2.That the site has not been developed as an airport 87 within a reasonable time period or development does not comply 88 with the conditions of the site approval; 89 3.That, except as required for in-flight emergencies, 90 aircraft have operated on the site; or 91 4.That the site is no longer usable for aviation purposes 92 due to physical or legal changes in conditions that were the 93 subject of the approval granted. 94 (2)LICENSES AND REGISTRATIONS; REQUIREMENTS, RENEWAL, 95 REVOCATION. 96 (a)Except as provided in subsection (3), the owner or 97 lessee of an any airport in this state shall have either a 98 public airport license, or private airport registration, or 99 temporary airport registration before prior to the operation of 100 aircraft to or from the airport facility. Application for a 101 license or registration shall be made in a form and manner 102 prescribed by the department. Upon granting site approval: 103 1.For a public airport, upon granting site approval, the 104 department shall issue a license after a final airport 105 inspection finds the airport facility to be in compliance with 106 all requirements for the license. The license may be subject to 107 any reasonable conditions that the department deems may deem 108 necessary to protect the public health, safety, or welfare. 109 2.For a private airport, upon granting site approval, the 110 department shall provide controlled electronic access to the 111 state aviation facility data system to permit the applicant to 112 complete the registration process. Registration shall be 113 completed upon self-certification by the registrant of 114 operational and configuration data deemed necessary by the 115 department. 116 3.For a temporary airport, upon receipt of a completed 117 application for site approval and registration, the department 118 must publish a notice of intent to approve or deny the 119 application in the next available publication of the Florida 120 Administrative Register. The notice must inform the recipient of 121 any administrative hearing that is available, indicate the 122 procedure that must be followed to obtain the hearing, and state 123 that a request for hearing must be submitted no later than 14 124 days after the date of publication. The department may not 125 approve or deny an application sooner than 14 days after the 126 date of publication. The department must approve or deny an 127 application no later than 30 days after the date of publication. 128 If site approval is granted, registration of the temporary 129 airport is deemed complete. 130 (c)The department may license a public airport or a 131 private airport may register as a temporary airport provided 132 that the airport will not endanger the public health, safety, or 133 welfare and the airport meets the temporary airport requirements 134 established by the department. A temporary airport license or 135 registration shall be valid for less than 30 days and is not 136 renewable. The department may not approve a subsequent temporary 137 airport registration application for the same general location 138 if the purpose or effect is to evade otherwise applicable 139 airport permitting or licensure requirements. 140 (3)EXEMPTIONS.The provisions of this section do not apply 141 to: 142 (e)An airport which meets the criteria of s. 330.27(7) 143 used exclusively for aerial application or spraying of crops on 144 a seasonal basis, not to include any licensed airport where 145 permanent crop aerial application or spraying facilities are 146 installed, if the period of operation does not exceed 30 days 147 per calendar year and the frequency of operations does not 148 exceed 10 operations per day. Such proposed airports, which will 149 be located within 3 miles of existing airports or approved 150 airport sites, shall establish safe air-traffic patterns with 151 such existing airports or approved airport sites, by memorandums 152 of understanding, or by letters of agreement between the parties 153 representing the airports or sites. 154 Section 3.This act shall take effect July 1, 2023.