Florida Senate - 2023 CS for CS for SB 1672 By the Committees on Fiscal Policy; and Transportation; and Senators DiCeglie and Perry 594-04109A-23 20231672c2 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 that certain documentation be submitted to 6 the Department of Transportation for a public 7 temporary airport or private temporary airport site 8 approval order; requiring a public temporary airport 9 to obtain a license and a private temporary airport to 10 obtain registration before operation of aircraft to or 11 from the airport; requiring the department to publish 12 certain notice of intent to approve or deny an 13 application for a public temporary airport or private 14 temporary airport site approval order; specifying the 15 period during which such application may be approved 16 or denied; deeming public temporary airport licensure 17 or private temporary airport registration complete if 18 the department grants site approval; requiring the 19 department to issue a public temporary airport license 20 or private temporary airport registration concurrent 21 with airport site approval; removing a condition for 22 licensure or registration as a temporary airport; 23 prohibiting the department from approving subsequent 24 applications for a public temporary airport or private 25 temporary airport site approval order under certain 26 circumstances; revising an exemption from certain 27 provisions for an airport used for aerial application 28 or spraying of crops; providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1.Subsection (7) of section 330.27, Florida 33 Statutes, is amended to read: 34 330.27Definitions, when used in ss. 330.29-330.39. 35 (7)Temporary airport means an any airport at which 36 flight operations are conducted under visual flight rules 37 established by the Federal Aviation Administration and which is 38 that will be used for a period of less than 30 consecutive days 39 with no more than 10 operations per day. 40 Section 2.Subsection (1), paragraphs (a) and (c) of 41 subsection (2), and paragraph (e) of subsection (3) of section 42 330.30, Florida Statutes, are amended to read: 43 330.30Approval of airport sites; registration and 44 licensure of airports. 45 (1)SITE APPROVALS; REQUIREMENTS, EFFECTIVE PERIOD, 46 REVOCATION. 47 (a)Except as provided in subsection (3), the owner or 48 lessee of a any proposed airport shall, before prior to site 49 acquisition or construction or establishment of the proposed 50 airport, obtain approval of the airport site from the 51 department. Applications for approval of a site shall be made in 52 a form and manner prescribed by the department. The department 53 shall grant the site approval if it is satisfied: 54 1.That the site has adequate area allocated for the 55 airport as proposed. 56 2.That the proposed airport will conform to licensing or 57 registration requirements and will comply with the applicable 58 local government land development regulations or zoning 59 requirements. 60 3.That all affected airports, local governments, and 61 property owners have been notified and any comments submitted by 62 them have been given adequate consideration. 63 4.That safe air-traffic patterns can be established for 64 the proposed airport with all existing airports and approved 65 airport sites in its vicinity. 66 (b)Site approval shall be granted for a public airport 67 airports only after a favorable department inspection of the 68 proposed site. 69 (c)Site approval shall be granted for a private airport 70 airports only after receipt of documentation in a form and 71 manner the department deems necessary to satisfy the conditions 72 in paragraph (a). 73 (d)Site approval shall be granted for a public temporary 74 airport or private temporary airport only after receipt of 75 documentation in a form and manner the department deems 76 necessary to satisfy the conditions in paragraph (a). Such 77 documentation must be included with the application for a public 78 temporary airport or private temporary airport site approval 79 order. 80 (e)(d)Site approval may be granted subject to any 81 reasonable conditions the department deems necessary to protect 82 the public health, safety, or welfare. 83 (f)(e)Approval as a public airport or a private airport 84 shall remain valid for 2 years after the date of issue, unless 85 revoked by the department or unless a public airport license is 86 issued or a private airport registration is completed pursuant 87 to subsection (2) before prior to the expiration date. 88 (g)(f)The department may extend a public airport or 89 private airport site approval for subsequent periods of 2 years 90 per extension for good cause. 91 (h)(g)The department may revoke an airport a site approval 92 if it determines: 93 1.That the site has been abandoned as an airport site; 94 2.That the site has not been developed as an airport 95 within a reasonable time period or development does not comply 96 with the conditions of the site approval; 97 3.That, except as required for in-flight emergencies, 98 aircraft have operated on the site; or 99 4.That the site is no longer usable for aviation purposes 100 due to physical or legal changes in conditions that were the 101 subject of the approval granted. 102 (2)LICENSES AND REGISTRATIONS; REQUIREMENTS, RENEWAL, 103 REVOCATION. 104 (a)Except as provided in subsection (3), the owner or 105 lessee of an any airport in this state shall have either a 106 public airport license, a or private airport registration, a 107 public temporary airport license, or a private temporary airport 108 registration before prior to the operation of aircraft to or 109 from the airport facility. Application for a license or 110 registration shall be made in a form and manner prescribed by 111 the department. Upon granting site approval: 112 1.For a public airport, upon granting site approval, the 113 department shall issue a license after a final airport 114 inspection finds the airport facility to be in compliance with 115 all requirements for the license. The license may be subject to 116 any reasonable conditions that the department deems may deem 117 necessary to protect the public health, safety, or welfare. 118 2.For a private airport, upon granting site approval, the 119 department shall provide controlled electronic access to the 120 state aviation facility data system to permit the applicant to 121 complete the registration process. Registration shall be 122 completed upon self-certification by the registrant of 123 operational and configuration data deemed necessary by the 124 department. 125 3.For an application for a public temporary airport or 126 private temporary airport site approval order, upon receipt of a 127 completed application, the department must publish a notice of 128 intent to approve or deny the application in the next available 129 publication of the Florida Administrative Register. The notice 130 must inform the recipient of any administrative hearing that is 131 available, indicate the procedure that must be followed to 132 obtain the hearing, and state that a request for hearing must be 133 submitted no later than 14 days after the date of publication. 134 The department may not approve or deny an application sooner 135 than 14 days after the date of publication. The department must 136 approve or deny an application no later than 30 days after the 137 date of publication, unless a hearing is requested by a person 138 whose substantial interests will be determined or affected by 139 the pending public temporary airport or private temporary 140 airport site approval order. If site approval is granted, 141 licensure of the public temporary airport or registration of the 142 private temporary airport is deemed complete, and the department 143 must issue the public temporary airport license or private 144 temporary airport registration concurrent with the airport site 145 approval. 146 (c)The department may license a public airport or a 147 private airport may register as a temporary airport provided 148 that the airport will not endanger the public health, safety, or 149 welfare and the airport meets the temporary airport requirements 150 established by the department. A temporary airport license or 151 registration shall be valid for less than 30 days and is not 152 renewable. The department may not approve a subsequent 153 application for a public temporary airport or private temporary 154 airport site approval order for the same general location if the 155 purpose or effect of such order is to evade otherwise applicable 156 airport permitting, licensure, or registration requirements. 157 (3)EXEMPTIONS.The provisions of this section do not apply 158 to: 159 (e)An airport which meets the criteria of s. 330.27(7) 160 used exclusively for aerial application or spraying of crops on 161 a seasonal basis, not to include any licensed airport where 162 permanent crop aerial application or spraying facilities are 163 installed, if the period of operation does not exceed 30 days 164 per calendar year and the frequency of operations does not 165 exceed 10 operations per day. Such proposed airports, which will 166 be located within 3 miles of existing airports or approved 167 airport sites, shall establish safe air-traffic patterns with 168 such existing airports or approved airport sites, by memorandums 169 of understanding, or by letters of agreement between the parties 170 representing the airports or sites. 171 Section 3.This act shall take effect July 1, 2023.