CS for CS for SB 1672 First Engrossed 20231672e1 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 approve 12 or deny applications for a public temporary airport or 13 private temporary airport site approval order within a 14 specified timeframe; requiring that applications that 15 are not approved or denied within such timeframe be 16 considered approved and that approval orders be 17 issued; requiring the department to publish certain 18 notice of intent to approve or deny an application for 19 a public temporary airport or private temporary 20 airport site approval order; requiring that issuance 21 of site approval orders be held in abeyance under 22 certain circumstances; requiring the department to 23 issue a public temporary airport license or private 24 temporary airport registration concurrent with airport 25 site approval; requiring applicants seeking to claim 26 registration by default to provide specified notice to 27 the agency clerk of the department before taking 28 certain actions; removing a condition for licensure or 29 registration as a temporary airport; prohibiting the 30 department from approving subsequent applications for 31 a public temporary airport or private temporary 32 airport site approval order under certain 33 circumstances; revising an exemption from certain 34 provisions for an airport used for aerial application 35 or spraying of crops; providing an effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39 Section 1.Subsection (7) of section 330.27, Florida 40 Statutes, is amended to read: 41 330.27Definitions, when used in ss. 330.29-330.39. 42 (7)Temporary airport means an any airport at which 43 flight operations are conducted under visual flight rules 44 established by the Federal Aviation Administration and which is 45 that will be used for a period of less than 30 consecutive days 46 with no more than 10 operations per day. 47 Section 2.Subsection (1), paragraphs (a) and (c) of 48 subsection (2), and paragraph (e) of subsection (3) of section 49 330.30, Florida Statutes, are amended to read: 50 330.30Approval of airport sites; registration and 51 licensure of airports. 52 (1)SITE APPROVALS; REQUIREMENTS, EFFECTIVE PERIOD, 53 REVOCATION. 54 (a)Except as provided in subsection (3), the owner or 55 lessee of a any proposed airport shall, before prior to site 56 acquisition or construction or establishment of the proposed 57 airport, obtain approval of the airport site from the 58 department. Applications for approval of a site shall be made in 59 a form and manner prescribed by the department. The department 60 shall grant the site approval if it is satisfied: 61 1.That the site has adequate area allocated for the 62 airport as proposed. 63 2.That the proposed airport will conform to licensing or 64 registration requirements and will comply with the applicable 65 local government land development regulations or zoning 66 requirements. 67 3.That all affected airports, local governments, and 68 property owners have been notified and any comments submitted by 69 them have been given adequate consideration. 70 4.That safe air-traffic patterns can be established for 71 the proposed airport with all existing airports and approved 72 airport sites in its vicinity. 73 (b)Site approval shall be granted for a public airport 74 airports only after a favorable department inspection of the 75 proposed site. 76 (c)Site approval shall be granted for a private airport 77 airports only after receipt of documentation in a form and 78 manner the department deems necessary to satisfy the conditions 79 in paragraph (a). 80 (d)Site approval shall be granted for a public temporary 81 airport or private temporary airport only after receipt of 82 documentation in a form and manner the department deems 83 necessary to satisfy the conditions in paragraph (a). Such 84 documentation must be included with the application for a public 85 temporary airport or private temporary airport site approval 86 order. 87 (e)(d)Site approval may be granted subject to any 88 reasonable conditions the department deems necessary to protect 89 the public health, safety, or welfare. 90 (f)(e)Approval as a public airport or a private airport 91 shall remain valid for 2 years after the date of issue, unless 92 revoked by the department or unless a public airport license is 93 issued or a private airport registration is completed pursuant 94 to subsection (2) before prior to the expiration date. 95 (g)(f)The department may extend a public airport or 96 private airport site approval for subsequent periods of 2 years 97 per extension for good cause. 98 (h)(g)The department may revoke an airport a site approval 99 if it determines: 100 1.That the site has been abandoned as an airport site; 101 2.That the site has not been developed as an airport 102 within a reasonable time period or development does not comply 103 with the conditions of the site approval; 104 3.That, except as required for in-flight emergencies, 105 aircraft have operated on the site; or 106 4.That the site is no longer usable for aviation purposes 107 due to physical or legal changes in conditions that were the 108 subject of the approval granted. 109 (2)LICENSES AND REGISTRATIONS; REQUIREMENTS, RENEWAL, 110 REVOCATION. 111 (a)Except as provided in subsection (3), the owner or 112 lessee of an any airport in this state shall have either a 113 public airport license, a or private airport registration, a 114 public temporary airport license, or a private temporary airport 115 registration before prior to the operation of aircraft to or 116 from the airport facility. Application for a license or 117 registration shall be made in a form and manner prescribed by 118 the department. Upon granting site approval: 119 1.For a public airport, upon granting site approval, the 120 department shall issue a license after a final airport 121 inspection finds the airport facility to be in compliance with 122 all requirements for the license. The license may be subject to 123 any reasonable conditions that the department deems may deem 124 necessary to protect the public health, safety, or welfare. 125 2.For a private airport, upon granting site approval, the 126 department shall provide controlled electronic access to the 127 state aviation facility data system to permit the applicant to 128 complete the registration process. Registration shall be 129 completed upon self-certification by the registrant of 130 operational and configuration data deemed necessary by the 131 department. 132 3.For an application for a public temporary airport or 133 private temporary airport site approval order, the department 134 must approve or deny the application within 30 days after 135 receipt of a complete application, notwithstanding the 136 requirements of s. 120.60. A complete airport site approval 137 application that is not approved or denied within 30 days after 138 the department receives the completed application is considered 139 approved, and the approval order shall be issued, subject to 140 such reasonable conditions as are authorized by law. Upon the 141 departments intent to approve or deny an applicants private 142 temporary airport site approval order or public temporary 143 airport site approval order, the department must publish a 144 notice of intent to approve or deny the application in the next 145 available publication of the Florida Administrative Register. 146 The notice must inform the recipient of any administrative 147 hearing that is available, indicate the procedure that must be 148 followed to obtain the hearing, and state that a request for 149 hearing must be submitted no later than 14 days after the date 150 of publication. The issuance of the site approval order must be 151 held in abeyance if a hearing is requested by a person whose 152 substantial interests will be determined or affected by the 153 pending public temporary airport or private temporary airport 154 site approval order. If site approval is granted, licensure of 155 the public temporary airport or registration of the private 156 temporary airport is deemed complete, and the department must 157 issue the public temporary airport license or private temporary 158 airport registration concurrent with the airport site approval. 159 Any applicant seeking to claim registration by default under 160 this subparagraph shall notify the agency clerk of the 161 department, in writing, of the applicants intent to rely upon 162 the default registration provision of this subparagraph and may 163 not take any action based upon the default registration until 164 after receipt of such notice by the agency clerk. 165 (c)The department may license a public airport or a 166 private airport may register as a temporary airport provided 167 that the airport will not endanger the public health, safety, or 168 welfare and the airport meets the temporary airport requirements 169 established by the department. A temporary airport license or 170 registration shall be valid for less than 30 days and is not 171 renewable. The department may not approve a subsequent 172 application for a public temporary airport or private temporary 173 airport site approval order for the same general location if the 174 purpose or effect of such order is to evade otherwise applicable 175 airport permitting, licensure, or registration requirements. 176 (3)EXEMPTIONS.The provisions of this section do not apply 177 to: 178 (e)An airport which meets the criteria of s. 330.27(7) 179 used exclusively for aerial application or spraying of crops on 180 a seasonal basis, not to include any licensed airport where 181 permanent crop aerial application or spraying facilities are 182 installed, if the period of operation does not exceed 30 days 183 per calendar year and the frequency of operations does not 184 exceed 10 operations per day. Such proposed airports, which will 185 be located within 3 miles of existing airports or approved 186 airport sites, shall establish safe air-traffic patterns with 187 such existing airports or approved airport sites, by memorandums 188 of understanding, or by letters of agreement between the parties 189 representing the airports or sites. 190 Section 3.This act shall take effect July 1, 2023.