Bill Text: FL S0756 | 2016 | Regular Session | Comm Sub
Bill Title: Department of Transportation
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2016-03-04 - Laid on Table, companion bill(s) passed, see HB 7027 (Ch. 2016-181), CS/CS/HB 7061 (Ch. 2016-239), CS/SB 1508 (Ch. 2016-209) [S0756 Detail]
Download: Florida-2016-S0756-Comm_Sub.html
Florida Senate - 2016 CS for CS for SB 756
By the Committees on Appropriations; and Transportation; and
Senator Brandes
576-03000-16 2016756c2
1 A bill to be entitled
2 An act relating to the Department of Transportation;
3 amending s. 311.07, F.S.; increasing the minimum
4 amount that must be made available annually from the
5 State Transportation Trust Fund to fund the Florida
6 Seaport Transportation and Economic Development
7 Program; amending s. 311.09, F.S.; increasing the
8 amount per year the department must include in its
9 annual legislative budget request for the Florida
10 Seaport Transportation and Economic Development
11 Program; amending s. 316.003, F.S.; defining the term
12 “port of entry”; amending s. 316.545, F.S.; providing
13 a specified penalty for drivers of commercial motor
14 vehicles who obtain temporary registration permits
15 entering the state at, or operating on designated
16 routes to, a port-of-entry location; amending s.
17 333.01, F.S.; defining and redefining terms; amending
18 s. 333.025, F.S.; revising the requirements relating
19 to permits required for obstructions; requiring
20 certain existing, planned, and proposed facilities to
21 be protected from airport hazards; requiring the local
22 government to provide a copy of a complete permit
23 application to the Department of Transportation’s
24 aviation office, subject to certain requirements;
25 requiring the department to have a specified review
26 period following receipt of such application;
27 providing exemptions from such review under certain
28 circumstances; revising the circumstances under which
29 the department issues or denies a permit; revising the
30 department’s requirements before a permit is issued;
31 revising the circumstances under which the department
32 is prohibited from approving a permit; providing that
33 the denial of a permit is subject to administrative
34 review; amending s. 333.03, F.S.; conforming
35 provisions to changes made by the act; revising the
36 circumstances under which a political subdivision
37 owning or controlling an airport and another political
38 subdivision adopt, administer, and enforce airport
39 zoning regulations or create a joint airport
40 protection zoning board; revising the provisions
41 relating to airport protection zoning regulations and
42 joint airport protection zoning boards; requiring the
43 department to be available to provide assistance to
44 political subdivisions regarding federal obstruction
45 standards; deleting provisions relating to certain
46 duties of the department; revising provisions relating
47 to airport land use compatibility zoning regulations;
48 revising construction; providing applicability;
49 amending s. 333.04, F.S.; authorizing certain airport
50 zoning regulations to be incorporated in and made a
51 part of comprehensive plans and policies, rather than
52 a part of comprehensive zoning regulations, under
53 certain circumstances; revising requirements relating
54 to applicability; amending s. 333.05, F.S.; revising
55 procedures for adoption of airport zoning regulations;
56 amending s. 333.06, F.S.; revising airport zoning
57 regulation requirements; repealing s. 333.065, F.S.,
58 relating to guidelines regarding land use near
59 airports; amending s. 333.07, F.S.; revising
60 requirements relating to local government permitting
61 of airspace obstructions; requiring a person proposing
62 to construct, alter, or allow an airport obstruction
63 to apply for a permit under certain circumstances;
64 revising the circumstances under which a permit is
65 prohibited from being issued; revising the
66 circumstances under which the owner of a nonconforming
67 structure is required to alter such structure to
68 conform to the current airport protection zoning
69 regulations; deleting provisions relating to variances
70 from zoning regulations; requiring a political
71 subdivision or its administrative agency to consider
72 specified criteria in determining whether to issue or
73 deny a permit; revising the requirements for marking
74 and lighting in conformance with certain standards;
75 repealing s. 333.08, F.S., relating to appeals of
76 decisions concerning airport zoning regulations;
77 amending s. 333.09, F.S.; revising the requirements
78 relating to the administration of airport protection
79 zoning regulations; requiring all airport protection
80 zoning regulations to provide for the administration
81 and enforcement of such regulations by the political
82 subdivision or its administrative agency; requiring a
83 political subdivision adopting airport zoning
84 regulations to provide a permitting process, subject
85 to certain requirements; requiring a zoning board or
86 permitting body to implement the airport zoning
87 regulation permitting and appeals process if such
88 board or body already exists within a political
89 subdivision; authorizing a person, a political
90 subdivision or its administrative agency, or a
91 specified joint zoning board to use the process
92 established for an appeal, subject to certain
93 requirements; repealing s. 333.10, F.S., relating to
94 boards of adjustment provided for by airport zoning
95 regulations; amending s. 333.11, F.S.; revising the
96 requirements relating to judicial review; amending s.
97 333.12, F.S.; revising requirements relating to the
98 acquisition of air rights; amending s. 333.13, F.S.;
99 conforming provisions to changes made by the act;
100 creating s. 333.135, F.S.; requiring conflicting
101 airport zoning regulations in effect on a specified
102 date to be amended to conform to certain requirements;
103 requiring certain political subdivisions to adopt
104 certain airport zoning regulations by a specified
105 date; requiring the department to administer a
106 specified permitting process for certain political
107 subdivisions; repealing s. 333.14, F.S., relating to a
108 short title; amending s. 334.044, F.S.; authorizing
109 the department to assume certain responsibilities
110 under the National Environmental Policy Act with
111 respect to highway projects within the state and
112 certain related responsibilities relating to review or
113 approval of a highway project; authorizing the
114 department to enter into certain agreements related to
115 the federal surface transportation project delivery
116 program under certain federal law; authorizing the
117 department to adopt implementing rules; authorizing
118 the department to adopt certain relevant federal
119 environmental standards; providing a limited waiver of
120 sovereign immunity to civil suit in federal court
121 consistent with certain federal law; amending s.
122 334.30, F.S.; conforming a cross-reference; requiring
123 the department to consult with the Division of Bond
124 Finance in connection with a proposal to finance or
125 refinance a transportation facility; requiring the
126 department to provide the division with information
127 necessary to provide timely consultation and
128 recommendations; authorizing the division to make an
129 independent recommendation to the Executive Office of
130 the Governor; creating s. 337.027, F.S.; authorizing
131 the department to establish a program for highway
132 projects that assist small businesses; providing a
133 program purpose; defining the term “small business”;
134 authorizing the department to adopt rules; amending s.
135 338.165, F.S.; removing an option to issue certain
136 bonds secured by toll revenues collected on the
137 Beeline-East Expressway, the Navarre Bridge, and the
138 Pinellas Bayway; authorizing the department’s Pinellas
139 Bayway System to be transferred by the department and
140 become part of the turnpike system under the Florida
141 Turnpike Enterprise Law; providing applicability;
142 repealing chapter 85-364, Laws of Florida, as amended,
143 relating to the Pinellas Bayway; amending s. 338.231,
144 F.S.; increasing the number of years before an
145 inactive prepaid toll account is presumed unclaimed;
146 creating s. 339.0809, F.S.; creating a nonprofit
147 corporation to be known as the “Florida Department of
148 Transportation Financing Corporation”; defining the
149 term “corporation”; providing for membership of a
150 governing board of directors; providing certain powers
151 and duties; authorizing the corporation to enter into
152 service contracts with the Department of
153 Transportation subject to certain requirements;
154 authorizing the corporation to issue and incur notes,
155 bonds, certificates of indebtedness, or other
156 obligations or evidences of indebtedness under certain
157 circumstances; providing that the fulfillment of the
158 purposes of the corporation promotes the health,
159 safety, and general welfare of the people of the state
160 and serves essential governmental functions and a
161 paramount public purpose; providing certain exemptions
162 from taxation and assessments; authorizing the
163 corporation to validate certain obligations subject to
164 certain requirements; providing applicability;
165 prohibiting the benefits and earnings of the
166 corporation from inuring to any private person;
167 requiring title to all property owned by the
168 corporation to revert to the state upon dissolution of
169 the corporation; authorizing the corporation to
170 contract with the State Board of Administration to
171 perform certain services; authorizing the board to
172 contract with others to provide such services and to
173 recover certain costs; authorizing the department to
174 enter into a service contract in conjunction with the
175 issuance of debt obligations which provides for
176 certain periodic payments; amending s. 343.922, F.S.;
177 increasing the period of time in which a master plan
178 must be updated; amending s. 348.0004, F.S.;
179 conforming a cross-reference; providing an effective
180 date.
181
182 Be It Enacted by the Legislature of the State of Florida:
183
184 Section 1. Subsection (2) of section 311.07, Florida
185 Statutes, is amended to read:
186 311.07 Florida seaport transportation and economic
187 development funding.—
188 (2) A minimum of $25 $15 million per year shall be made
189 available from the State Transportation Trust Fund to fund the
190 Florida Seaport Transportation and Economic Development Program.
191 The Florida Seaport Transportation and Economic Development
192 Council created in s. 311.09 shall develop guidelines for
193 project funding. Council staff, the Department of
194 Transportation, and the Department of Economic Opportunity shall
195 work in cooperation to review projects and allocate funds in
196 accordance with the schedule required for the Department of
197 Transportation to include these projects in the tentative work
198 program developed pursuant to s. 339.135(4).
199 Section 2. Subsection (9) of section 311.09, Florida
200 Statutes, is amended to read:
201 311.09 Florida Seaport Transportation and Economic
202 Development Council.—
203 (9) The Department of Transportation shall include at least
204 $25 no less than $15 million per year in its annual legislative
205 budget request for the Florida Seaport Transportation and
206 Economic Development Program funded under s. 311.07. Such budget
207 must shall include funding for projects approved by the council
208 which have been determined by each agency to be consistent. The
209 department shall include the specific approved Florida Seaport
210 Transportation and Economic Development Program projects to be
211 funded under s. 311.07 during the ensuing fiscal year in the
212 tentative work program developed pursuant to s. 339.135(4). The
213 total amount of funding to be allocated to Florida Seaport
214 Transportation and Economic Development Program projects under
215 s. 311.07 during the successive 4 fiscal years shall also be
216 included in the tentative work program developed pursuant to s.
217 339.135(4). The council may submit to the department a list of
218 approved projects that could be made production-ready within the
219 next 2 years. The list shall be submitted by the department as
220 part of the needs and project list prepared pursuant to s.
221 339.135(2)(b). However, the department shall, upon written
222 request of the Florida Seaport Transportation and Economic
223 Development Council, submit work program amendments pursuant to
224 s. 339.135(7) to the Governor within 10 days after the later of
225 the date the request is received by the department or the
226 effective date of the amendment, termination, or closure of the
227 applicable funding agreement between the department and the
228 affected seaport, as required to release the funds from the
229 existing commitment. Notwithstanding s. 339.135(7)(c), any work
230 program amendment to transfer prior year funds from one approved
231 seaport project to another seaport project is subject to the
232 procedures in s. 339.135(7)(d). Notwithstanding any provision of
233 law to the contrary, the department may transfer unexpended
234 budget between the seaport projects as identified in the
235 approved work program amendments.
236 Section 3. Subsection (94) is added to section 316.003,
237 Florida Statutes, to read:
238 316.003 Definitions.—The following words and phrases, when
239 used in this chapter, shall have the meanings respectively
240 ascribed to them in this section, except where the context
241 otherwise requires:
242 (94) PORT OF ENTRY.—A designated location that allows
243 drivers of commercial motor vehicles to purchase temporary
244 registration permits necessary to operate legally within the
245 state. The locations and the designated routes to such locations
246 shall be determined by the Department of Transportation.
247 Section 4. Paragraph (b) of subsection (2) of section
248 316.545, Florida Statutes, is amended to read:
249 316.545 Weight and load unlawful; special fuel and motor
250 fuel tax enforcement; inspection; penalty; review.—
251 (2)
252 (b) The officer or inspector shall inspect the license
253 plate or registration certificate of the commercial vehicle, as
254 defined in s. 316.003(66), to determine if its gross weight is
255 in compliance with the declared gross vehicle weight. If its
256 gross weight exceeds the declared weight, the penalty shall be 5
257 cents per pound on the difference between such weights. In those
258 cases when the commercial vehicle, as defined in s. 316.003(66),
259 is being operated over the highways of the state with an expired
260 registration or with no registration from this or any other
261 jurisdiction or is not registered under the applicable
262 provisions of chapter 320, the penalty herein shall apply on the
263 basis of 5 cents per pound on that scaled weight which exceeds
264 35,000 pounds on laden truck tractor-semitrailer combinations or
265 tandem trailer truck combinations, 10,000 pounds on laden
266 straight trucks or straight truck-trailer combinations, or
267 10,000 pounds on any unladen commercial motor vehicle. A driver
268 of a commercial motor vehicle entering the state at a designated
269 port-of-entry location, as defined in s. 316.003(94), or
270 operating on designated routes to a port-of-entry location, who
271 obtains a temporary registration permit shall be assessed a
272 penalty limited to the difference between its gross weight and
273 the declared gross vehicle weight at 5 cents per pound. If the
274 license plate or registration has not been expired for more than
275 90 days, the penalty imposed under this paragraph may not exceed
276 $1,000. In the case of special mobile equipment as defined in s.
277 316.003(48), which qualifies for the license tax provided for in
278 s. 320.08(5)(b), being operated on the highways of the state
279 with an expired registration or otherwise not properly
280 registered under the applicable provisions of chapter 320, a
281 penalty of $75 shall apply in addition to any other penalty
282 which may apply in accordance with this chapter. A vehicle found
283 in violation of this section may be detained until the owner or
284 operator produces evidence that the vehicle has been properly
285 registered. Any costs incurred by the retention of the vehicle
286 shall be the sole responsibility of the owner. A person who has
287 been assessed a penalty pursuant to this paragraph for failure
288 to have a valid vehicle registration certificate pursuant to the
289 provisions of chapter 320 is not subject to the delinquent fee
290 authorized in s. 320.07 if such person obtains a valid
291 registration certificate within 10 working days after such
292 penalty was assessed.
293 Section 5. Section 333.01, Florida Statutes, is amended to
294 read:
295 333.01 Definitions.—As used in For the purpose of this
296 chapter, the term following words, terms, and phrases shall have
297 the meanings herein given, unless otherwise specifically
298 defined, or unless another intention clearly appears, or the
299 context otherwise requires:
300 (1) “Aeronautical study” means a Federal Aviation
301 Administration study, conducted in accordance with the standards
302 of 14 C.F.R. part 77, subpart C, and Federal Aviation
303 Administration policy and guidance, on the effect of proposed
304 construction or alteration upon the operation of air navigation
305 facilities and the safe and efficient use of navigable airspace.
306 (1) “Aeronautics” means transportation by aircraft; the
307 operation, construction, repair, or maintenance of aircraft,
308 aircraft power plants and accessories, including the repair,
309 packing, and maintenance of parachutes; the design,
310 establishment, construction, extension, operation, improvement,
311 repair, or maintenance of airports, restricted landing areas, or
312 other air navigation facilities, and air instruction.
313 (2) “Airport” means any area of land or water designed and
314 set aside for the landing and taking off of aircraft and used
315 utilized or to be used utilized in the interest of the public
316 for such purpose.
317 (3) “Airport hazard” means an obstruction to air navigation
318 which affects the safe and efficient use of navigable airspace
319 or the operation of planned or existing air navigation and
320 communication facilities any structure or tree or use of land
321 which would exceed the federal obstruction standards as
322 contained in 14 C.F.R. ss. 77.21, 77.23,77.25, 77.28, and 77.29
323 and which obstructs the airspace required for the flight of
324 aircraft in taking off, maneuvering, or landing or is otherwise
325 hazardous to such taking off, maneuvering, or landing of
326 aircraft and for which no person has previously obtained a
327 permit or variance pursuant to s. 333.025 or s. 333.07.
328 (4) “Airport hazard area” means any area of land or water
329 upon which an airport hazard might be established if not
330 prevented as provided in this chapter.
331 (5) “Airport land use compatibility zoning” means airport
332 zoning regulations governing restricting the use of land on,
333 adjacent to, or in the immediate vicinity of airports in the
334 manner enumerated in s. 333.03(2) to activities and purposes
335 compatible with the continuation of normal airport operations
336 including landing and takeoff of aircraft in order to promote
337 public health, safety, and general welfare.
338 (6) “Airport layout plan” means a set of scaled drawings
339 that provide a graphic representation of the existing and future
340 development plan for the airport and demonstrate the
341 preservation and continuity of safety, utility, and efficiency
342 of the airport detailed, scale engineering drawing, including
343 pertinent dimensions, of an airport’s current and planned
344 facilities, their locations, and runway usage.
345 (7) “Airport master plan” means a comprehensive plan of an
346 airport which typically describes current and future plans for
347 airport development designed to support existing and future
348 aviation demand.
349 (8) “Airport protection zoning regulations” means airport
350 zoning regulations governing airport hazards.
351 (9) “Department” means the Department of Transportation as
352 created under s. 20.23.
353 (10) “Educational facility” means any structure, land, or
354 use that includes a public or private kindergarten through 12th
355 grade school, charter school, magnet school, college campus, or
356 university campus. The term does not include space used for
357 educational purposes within a multi-tenant building.
358 (11) “Landfill” has the same meaning as provided in s.
359 403.703.
360 (12)(7) “Obstruction” means any existing or proposed
361 manmade object or object, of natural growth or terrain, or
362 structure construction or alteration that exceeds violates the
363 federal obstruction standards contained in 14 C.F.R. part 77,
364 subpart C ss. 77.21, 77.23, 77.25, 77.28, and 77.29. The term
365 includes:
366 (a) Any object of natural growth or terrain;
367 (b) Permanent or temporary construction or alteration,
368 including equipment or materials used and any permanent or
369 temporary apparatus; or
370 (c) Alteration of any permanent or temporary existing
371 structure by a change in the structure’s height, including
372 appurtenances, lateral dimensions, and equipment or materials
373 used in the structure.
374 (13)(8) “Person” means any individual, firm, copartnership,
375 corporation, company, association, joint-stock association, or
376 body politic, and includes any trustee, receiver, assignee, or
377 other similar representative thereof.
378 (14)(9) “Political subdivision” means the local government
379 of any county, municipality city, town, village, or other
380 subdivision or agency thereof, or any district or special
381 district, port commission, port authority, or other such agency
382 authorized to establish or operate airports in the state.
383 (15) “Public-use airport” means an airport, publicly or
384 privately owned, licensed by the state, which is open for use by
385 the public.
386 (16)(10) “Runway protection clear zone” means an area at
387 ground level beyond the runway end to enhance the safety and
388 protection of people and property on the ground a runway clear
389 zone as defined in 14 C.F.R. s. 151.9(b).
390 (17)(11) “Structure” means any object, constructed,
391 erected, altered, or installed by humans, including, but not
392 limited to without limitation thereof, buildings, towers,
393 smokestacks, utility poles, power generation equipment, and
394 overhead transmission lines.
395 (18) “Substantial modification” means any repair,
396 reconstruction, rehabilitation, or improvement of a structure
397 when the actual cost of the repair, reconstruction,
398 rehabilitation, or improvement of the structure equals or
399 exceeds 50 percent of the market value of the structure.
400 (12) “Tree” includes any plant of the vegetable kingdom.
401 Section 6. Section 333.025, Florida Statutes, is amended to
402 read:
403 333.025 Permit required for obstructions structures
404 exceeding federal obstruction standards.—
405 (1) A person proposing the construction or alteration In
406 order to prevent the erection of an obstruction must obtain a
407 permit from the department structures dangerous to air
408 navigation, subject to the provisions of subsections (2), (3),
409 and (4), each person shall secure from the Department of
410 Transportation a permit for the erection, alteration, or
411 modification of any structure the result of which would exceed
412 the federal obstruction standards as contained in 14 C.F.R. ss.
413 77.21, 77.23, 77.25, 77.28, and 77.29. However, permits from the
414 department of Transportation will be required only within an
415 airport hazard area where federal obstruction standards are
416 exceeded and if the proposed construction or alteration is
417 within a 10-nautical-mile radius of the airport reference point,
418 located at the approximate geometric geographical center of all
419 usable runways of a public-use airport or a publicly owned or
420 operated airport, a military airport, or an airport licensed by
421 the state for public use.
422 (2) Existing, planned, and proposed Affected airports will
423 be considered as having those facilities on public-use airports
424 contained in an which are shown on the airport master plan, in
425 or an airport layout plan submitted to the Federal Aviation
426 Administration, Airport District Office or in comparable
427 military documents shall, and will be so protected from airport
428 hazards. Planned or proposed public-use airports which are the
429 subject of a notice or proposal submitted to the Federal
430 Aviation Administration or to the Department of Transportation
431 shall also be protected.
432 (3) A permit is not required for existing structures that
433 requirements of subsection (1) shall not apply to projects which
434 received construction permits from the Federal Communications
435 Commission for structures exceeding federal obstruction
436 standards before prior to May 20, 1975, provided such structures
437 now exist; a permit is not required for nor shall it apply to
438 previously approved structures now existing, or any necessary
439 replacement or repairs to such existing structures if, so long
440 as the height and location are is unchanged.
441 (4) If When political subdivisions have, in compliance with
442 this chapter, adopted adequate airport airspace protection
443 zoning regulations, placed in compliance with s. 333.03, and
444 such regulations are on file with the department’s aviation
445 office, and established a permitting process Department of
446 Transportation, a permit for the construction or alteration of
447 an obstruction is such structure shall not be required from the
448 department of Transportation. Upon receipt of a complete permit
449 application, the local government shall provide a copy of the
450 application to the department’s aviation office by certified
451 mail, return receipt requested, or by a delivery service that
452 provides a receipt evidencing delivery. To evaluate technical
453 consistency with this subsection, the department shall have a
454 15-day review period following receipt of the application, which
455 must run concurrently with the local government permitting
456 process. Cranes, construction equipment, and other temporary
457 structures in use or in place for a period not to exceed 18
458 consecutive months are exempt from the department’s review,
459 unless such review is requested by the department.
460 (5) The department of Transportation shall, within 30 days
461 after of the receipt of an application for a permit, issue or
462 deny a permit for the construction or erection, alteration, or
463 modification of an obstruction any structure the result of which
464 would exceed federal obstruction standards as contained in 14
465 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29. The department
466 shall review permit applications in conformity with s. 120.60.
467 (6) In determining whether to issue or deny a permit, the
468 department shall consider:
469 (a) The safety of persons on the ground and in the air.
470 (b) The safe and efficient use of navigable airspace.
471 (c)(a) The nature of the terrain and height of existing
472 structures.
473 (b) Public and private interests and investments.
474 (d) The effect of the construction or alteration of an
475 obstruction on the state licensing standards for a public-use
476 airport contained in chapter 330 and rules adopted thereunder.
477 (e)(c) The character of existing and planned flight flying
478 operations and planned developments at public-use of airports.
479 (f)(d) Federal airways, visual flight rules, flyways and
480 corridors, and instrument approaches as designated by the
481 Federal Aviation Administration.
482 (g)(e) The effect of Whether the construction or alteration
483 of an obstruction on the proposed structure would cause an
484 increase in the minimum descent altitude or the decision height
485 at the affected airport.
486 (f) Technological advances.
487 (g) The safety of persons on the ground and in the air.
488 (h) Land use density.
489 (i) The safe and efficient use of navigable airspace.
490 (h)(j) The cumulative effects on navigable airspace of all
491 existing obstructions structures, proposed structures identified
492 in the applicable jurisdictions’ comprehensive plans, and all
493 other known proposed obstructions structures in the area.
494 (7) When issuing a permit under this section, the
495 department of Transportation shall, as a specific condition of
496 such permit, require the owner obstruction marking and lighting
497 of the obstruction to install, operate, and maintain, at the
498 owner’s expense, marking and lighting in conformance with the
499 specific standards established by the Federal Aviation
500 Administration permitted structure as provided in s.
501 333.07(3)(b).
502 (8) The department may of Transportation shall not approve
503 a permit for the construction or alteration erection of an
504 obstruction a structure unless the applicant submits both
505 documentation showing both compliance with the federal
506 requirement for notification of proposed construction or
507 alteration and a valid aeronautical study. A evaluation, and no
508 permit may not shall be approved solely on the basis that the
509 Federal Aviation Administration determined that the such
510 proposed construction or alteration of an obstruction was not an
511 airport hazard structure will not exceed federal obstruction
512 standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
513 77.28, or 77.29, or any other federal aviation regulation.
514 (9) The denial of a permit under this section is subject to
515 administrative review pursuant to chapter 120.
516 Section 7. Section 333.03, Florida Statutes, is amended to
517 read:
518 333.03 Requirement Power to adopt airport zoning
519 regulations.—
520 (1)(a) In order to prevent the creation or establishment of
521 airport hazards, Every political subdivision having an airport
522 hazard area within its territorial limits shall, by October 1,
523 1977, adopt, administer, and enforce, under the police power and
524 in the manner and upon the conditions hereinafter prescribed in
525 this section, airport protection zoning regulations for such
526 airport hazard area.
527 (b) If where an airport is owned or controlled by a
528 political subdivision and any other political subdivision has
529 land, upon which an obstruction may be constructed or altered,
530 underlying any of the 14 C.F.R. Part 77, subpart C surfaces of
531 the airport, the political subdivisions airport hazard area
532 appertaining to such airport is located wholly or partly outside
533 the territorial limits of said political subdivision, the
534 political subdivision owning or controlling the airport and the
535 political subdivision within which the airport hazard area is
536 located, shall either:
537 1. By interlocal agreement, in accordance with the
538 provisions of chapter 163, adopt, administer, and enforce a set
539 of airport protection zoning regulations applicable to the
540 airport hazard area in question; or
541 2. By ordinance, regulation, or resolution duly adopted,
542 create a joint airport protection zoning board that, which board
543 shall have the same power to adopt, administer, and enforce a
544 set of airport protection zoning regulations applicable to the
545 airport hazard area in question as that vested in paragraph (a)
546 in the political subdivision within which such area is located.
547 The Each such joint airport protection zoning board shall have
548 as voting members two representatives appointed by each
549 participating political subdivision participating in its
550 creation and in addition a chair elected by a majority of the
551 members so appointed. However, The airport manager or a
552 representative of each airport in managers of the affected
553 participating political subdivisions shall serve on the board in
554 a nonvoting capacity.
555 (c) Airport protection zoning regulations adopted under
556 paragraph (a) must shall, at as a minimum, require:
557 1. A permit variance for the construction or erection,
558 alteration, or modification of any obstruction structure which
559 would cause the structure to exceed the federal obstruction
560 standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
561 77.28, and 77.29;
562 2. Obstruction marking and lighting for obstructions
563 structures as specified in s. 333.07(3);
564 3. Documentation showing compliance with the federal
565 requirement for notification of proposed construction or
566 alteration of structures and a valid aeronautical study
567 evaluation submitted by each person applying for a permit
568 variance;
569 4. Consideration of the criteria in s. 333.025(6), when
570 determining whether to issue or deny a permit variance; and
571 5. That approval of a permit not be based no variance shall
572 be approved solely on the determination by the Federal Aviation
573 Administration basis that the such proposed structure is not an
574 airport hazard will not exceed federal obstruction standards as
575 contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, or 77.29,
576 or any other federal aviation regulation.
577 (d) The department shall be available to provide assistance
578 to political subdivisions regarding federal obstruction
579 standards shall issue copies of the federal obstruction
580 standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
581 77.28, and 77.29 to each political subdivision having airport
582 hazard areas and, in cooperation with political subdivisions,
583 shall issue appropriate airport zoning maps depicting within
584 each county the maximum allowable height of any structure or
585 tree. Material distributed pursuant to this subsection shall be
586 at no cost to authorized recipients.
587 (2) In the manner provided in subsection (1), political
588 subdivisions shall adopt, administer, and enforce interim
589 airport land use compatibility zoning regulations shall be
590 adopted. Airport land use compatibility zoning When political
591 subdivisions have adopted land development regulations shall, at
592 a minimum, in accordance with the provisions of chapter 163
593 which address the use of land in the manner consistent with the
594 provisions herein, adoption of airport land use compatibility
595 regulations pursuant to this subsection shall not be required.
596 Interim airport land use compatibility zoning regulations shall
597 consider the following:
598 (a) The prohibition of new landfills and the restriction of
599 existing landfills Whether sanitary landfills are located within
600 the following areas:
601 1. Within 10,000 feet from the nearest point of any runway
602 used or planned to be used by turbine turbojet or turboprop
603 aircraft.
604 2. Within 5,000 feet from the nearest point of any runway
605 used only by only nonturbine piston-type aircraft.
606 3. Outside the perimeters defined in subparagraphs 1. and
607 2., but still within the lateral limits of the civil airport
608 imaginary surfaces defined in 14 C.F.R. s. 77.19 part 77.25.
609 Case-by-case review of such landfills is advised.
610 (b) Where Whether any landfill is located and constructed
611 in a manner so that it attracts or sustains hazardous bird
612 movements from feeding, water, or roosting areas into, or
613 across, the runways or approach and departure patterns of
614 aircraft. The landfill operator must political subdivision shall
615 request from the airport authority or other governing body
616 operating the airport a report on such bird feeding or roosting
617 areas that at the time of the request are known to the airport.
618 In preparing its report, the authority, or other governing body,
619 shall consider whether the landfill will incorporate bird
620 management techniques or other practices to minimize bird
621 hazards to airborne aircraft. The airport authority or other
622 governing body shall respond to the political subdivision no
623 later than 30 days after receipt of such request.
624 (c) Where an airport authority or other governing body
625 operating a publicly owned, public-use airport has conducted a
626 noise study in accordance with the provisions of 14 C.F.R. part
627 150, or where a public-use airport owner has established noise
628 contours pursuant to another public study approved by the
629 Federal Aviation Administration, the prohibition of incompatible
630 uses, as established in the noise study in 14 C.F.R. part 150,
631 Appendix A or as a part of an alternative Federal Aviation
632 Administration-approved public study, within the noise contours
633 established by any of these studies, except if such uses are
634 specifically contemplated by such study with appropriate
635 mitigation or similar techniques described in the study neither
636 residential construction nor any educational facility as defined
637 in chapter 1013, with the exception of aviation school
638 facilities, shall be permitted within the area contiguous to the
639 airport defined by an outer noise contour that is considered
640 incompatible with that type of construction by 14 C.F.R. part
641 150, Appendix A or an equivalent noise level as established by
642 other types of noise studies.
643 (d) Where an airport authority or other governing body
644 operating a publicly owned, public-use airport has not conducted
645 a noise study, the prohibition of neither residential
646 construction and nor any educational facility as defined in
647 chapter 1013, with the exception of aviation school facilities,
648 shall be permitted within an area contiguous to the airport
649 measuring one-half the length of the longest runway on either
650 side of and at the end of each runway centerline.
651 (e)(3) The restriction of In the manner provided in
652 subsection (1), airport zoning regulations shall be adopted
653 which restrict new incompatible uses, activities, or substantial
654 modifications to existing incompatible uses construction within
655 runway protection clear zones, including uses, activities, or
656 construction in runway clear zones which are incompatible with
657 normal airport operations or endanger public health, safety, and
658 welfare by resulting in congregations of people, emissions of
659 light or smoke, or attraction of birds. Such regulations shall
660 prohibit the construction of an educational facility of a public
661 or private school at either end of a runway of a publicly owned,
662 public-use airport within an area which extends 5 miles in a
663 direct line along the centerline of the runway, and which has a
664 width measuring one-half the length of the runway. Exceptions
665 approving construction of an educational facility within the
666 delineated area shall only be granted when the political
667 subdivision administering the zoning regulations makes specific
668 findings detailing how the public policy reasons for allowing
669 the construction outweigh health and safety concerns prohibiting
670 such a location.
671 (4) The procedures outlined in subsections (1), (2), and
672 (3) for the adoption of such regulations are supplemental to any
673 existing procedures utilized by political subdivisions in the
674 adoption of such regulations.
675 (3)(5) Political subdivisions shall provide The Department
676 of Transportation shall provide technical assistance to any
677 political subdivision requesting assistance in the preparation
678 of an airport zoning code. a copy of all local airport
679 protection zoning codes, rules, and regulations and airport land
680 use compatibility zoning regulations, and any related amendments
681 and proposed and granted variances thereto, to shall be filed
682 with the department’s aviation office within 30 days after
683 adoption department.
684 (4)(6) Nothing in Subsection (2) may not or subsection (3)
685 shall be construed to require the removal, alteration, sound
686 conditioning, or other change, or to interfere with the
687 continued use or adjacent expansion of any educational facility
688 structure or site in existence on July 1, 1993, or be construed
689 to prohibit the construction of any new structure for which a
690 site has been determined as provided in former s. 235.19, as of
691 July 1, 1993.
692 (5) This section does not prohibit an airport authority, a
693 political subdivision or its administrative agency, or any other
694 governing body operating a public-use airport from establishing
695 airport zoning regulations more restrictive than prescribed in
696 this section in order to protect the health, safety, and welfare
697 of the public in the air and on the ground.
698 Section 8. Section 333.04, Florida Statutes, is amended to
699 read:
700 333.04 Comprehensive zoning regulations; most stringent to
701 prevail where conflicts occur.—
702 (1) INCORPORATION.—In the event that a political
703 subdivision has adopted, or hereafter adopts, a comprehensive
704 plan or policy zoning ordinance regulating, among other things,
705 the height of buildings, structures, and natural objects, and
706 uses of property, any airport zoning regulations applicable to
707 the same area or portion thereof may be incorporated in and made
708 a part of such comprehensive plan or policy zoning regulations,
709 and be administered and enforced in connection therewith.
710 (2) CONFLICT.—In the event of conflict between any airport
711 zoning regulations adopted under this chapter and any other
712 regulations applicable to the same area, whether the conflict be
713 with respect to the height of structures or vegetation trees,
714 the use of land, or any other matter, and whether such
715 regulations were adopted by the political subdivision that which
716 adopted the airport zoning regulations or by some other
717 political subdivision, the more stringent limitation or
718 requirement shall govern and prevail.
719 Section 9. Section 333.05, Florida Statutes, is amended to
720 read:
721 333.05 Procedure for adoption of airport zoning
722 regulations.—
723 (1) NOTICE AND HEARING.—No Airport zoning regulations may
724 not shall be adopted, amended, or repealed changed under this
725 chapter except by action of the legislative body of the
726 political subdivision or affected subdivisions in question, or
727 the joint board provided in s. 333.03(1)(b)2. s. 333.03(1)(b) by
728 the political subdivisions bodies therein provided and set
729 forth, after a public hearing in relation thereto, at which
730 parties in interest and citizens shall have an opportunity to be
731 heard. Notice of the hearing shall be published at least once a
732 week for 2 consecutive weeks in a newspaper an official paper,
733 or a paper of general circulation, in the political subdivision
734 or subdivisions where in which are located the airport zoning
735 regulations are areas to be adopted, amended, or repealed zoned.
736 (2) AIRPORT ZONING COMMISSION.—Before Prior to the initial
737 zoning of any airport area under this chapter, the political
738 subdivision or joint airport zoning board that which is to
739 adopt, administer, and enforce the regulations must shall
740 appoint a commission, to be known as the airport zoning
741 commission, to recommend the boundaries of the various zones to
742 be established and the regulations to be adopted therefor. Such
743 commission shall make a preliminary report and hold public
744 hearings thereon before submitting its final report, and the
745 legislative body of the political subdivision or the joint
746 airport zoning board may shall not hold its public hearings or
747 take any action until it has received the final report of such
748 commission, and at least 15 days shall elapse between the
749 receipt of the final report of the commission and the hearing to
750 be held by the latter board. If Where a planning city plan
751 commission, an airport commission, or a comprehensive zoning
752 commission already exists, it may be appointed as the airport
753 zoning commission.
754 Section 10. Section 333.06, Florida Statutes, is amended to
755 read:
756 333.06 Airport zoning regulation requirements.—
757 (1) REASONABLENESS.—All airport zoning regulations adopted
758 under this chapter shall be reasonable and may not none shall
759 impose any requirement or restriction which is not reasonably
760 necessary to effectuate the purposes of this chapter. In
761 determining what regulations it may adopt, each political
762 subdivision and joint airport zoning board shall consider, among
763 other things, the character of the flying operations expected to
764 be conducted at the airport, the nature of the terrain within
765 the airport hazard area and runway protection clear zones, the
766 character of the neighborhood, the uses to which the property to
767 be zoned is put and adaptable, and the impact of any new use,
768 activity, or construction on the airport’s operating capability
769 and capacity.
770 (2) INDEPENDENT JUSTIFICATION.—The purpose of all airport
771 zoning regulations adopted under this chapter is to provide both
772 airspace protection and land uses use compatible with airport
773 operations. Each aspect of this purpose requires independent
774 justification in order to promote the public interest in safety,
775 health, and general welfare. Specifically, construction in a
776 runway protection clear zone which does not exceed airspace
777 height restrictions is not conclusive evidence per se that such
778 use, activity, or construction is compatible with airport
779 operations.
780 (3) NONCONFORMING USES.—An No airport protection zoning
781 regulation regulations adopted under this chapter may not shall
782 require the removal, lowering, or other change or alteration of
783 any obstruction structure or tree not conforming to the
784 regulation regulations when adopted or amended, or otherwise
785 interfere with the continuance of any nonconforming use, except
786 as provided in s. 333.07(1) and (3).
787 (4) ADOPTION OF AIRPORT MASTER PLAN AND NOTICE TO AFFECTED
788 LOCAL GOVERNMENTS.—An airport master plan shall be prepared by
789 each public-use publicly owned and operated airport licensed by
790 the department of Transportation under chapter 330. The
791 authorized entity having responsibility for governing the
792 operation of the airport, when either requesting from or
793 submitting to a state or federal governmental agency with
794 funding or approval jurisdiction a “finding of no significant
795 impact,” an environmental assessment, a site-selection study, an
796 airport master plan, or any amendment to an airport master plan,
797 shall submit simultaneously a copy of said request, submittal,
798 assessment, study, plan, or amendments by certified mail to all
799 affected local governments. As used in For the purposes of this
800 subsection, the term “affected local government” is defined as
801 any municipality city or county having jurisdiction over the
802 airport and any municipality city or county located within 2
803 miles of the boundaries of the land subject to the airport
804 master plan.
805 Section 11. Section 333.065, Florida Statutes, is repealed.
806 Section 12. Section 333.07, Florida Statutes, is amended to
807 read:
808 333.07 Local government permitting of airspace obstructions
809 Permits and variances.—
810 (1) PERMITS.—
811 (a) A person proposing to construct, alter, or allow an
812 airport obstruction in an airport hazard area in violation of
813 the airport protection zoning regulations adopted under this
814 chapter must apply for a permit. A Any airport zoning
815 regulations adopted under this chapter may require that a permit
816 be obtained before any new structure or use may be constructed
817 or established and before any existing use or structure may be
818 substantially changed or substantially altered or repaired. In
819 any event, however, all such regulations shall provide that
820 before any nonconforming structure or tree may be replaced,
821 substantially altered or repaired, rebuilt, allowed to grow
822 higher, or replanted, a permit must be secured from the
823 administrative agency authorized to administer and enforce the
824 regulations, authorizing such replacement, change, or repair. No
825 permit may not shall be issued if it granted that would allow
826 the establishment or creation of an airport hazard or if it
827 would permit a nonconforming obstruction structure or tree or
828 nonconforming use to be made or become higher or to become a
829 greater hazard to air navigation than it was when the applicable
830 airport protection zoning regulation was adopted which allowed
831 the establishment or creation of the obstruction, or than it is
832 when the application for a permit is made.
833 (b) If Whenever the political subdivision or its
834 administrative agency determines that a nonconforming
835 obstruction use or nonconforming structure or tree has been
836 abandoned or is more than 80 percent torn down, destroyed,
837 deteriorated, or decayed, a no permit may not shall be granted
838 if it that would allow the obstruction said structure or tree to
839 exceed the applicable height limit or otherwise deviate from the
840 airport protection zoning regulations.; and, Whether or not an
841 application is made for a permit under this subsection or not,
842 the said agency may by appropriate action, compel the owner of
843 the nonconforming obstruction may be required structure or tree,
844 at his or her own expense, to lower, remove, reconstruct, alter,
845 or equip such obstruction object as may be necessary to conform
846 to the current airport protection zoning regulations. If the
847 owner of the nonconforming obstruction neglects or refuses
848 structure or tree shall neglect or refuse to comply with such
849 requirement order for 10 days after notice thereof, the
850 administrative said agency may report the violation to the
851 political subdivision involved therein, which subdivision,
852 through its appropriate agency, may proceed to have the
853 obstruction object so lowered, removed, reconstructed, altered,
854 or equipped, and assess the cost and expense thereof upon the
855 owner of the obstruction object or the land whereon it is or was
856 located, and, unless such an assessment is paid within 90 days
857 from the service of notice thereof on the owner or the owner’s
858 agent, of such object or land, the sum shall be a lien on said
859 land, and shall bear interest thereafter at the rate of 6
860 percent per annum until paid, and shall be collected in the same
861 manner as taxes on real property are collected by said political
862 subdivision, or, at the option of said political subdivision,
863 said lien may be enforced in the manner provided for enforcement
864 of liens by chapter 85.
865 (c) Except as provided herein, applications for permits
866 shall be granted, provided the matter applied for meets the
867 provisions of this chapter and the regulations adopted and in
868 force hereunder.
869 (2) CONSIDERATIONS WHEN ISSUING OR DENYING PERMITS.—In
870 determining whether to issue or deny a permit, the political
871 subdivision or its administrative agency must consider the
872 following, as applicable:
873 (a) The safety of persons on the ground and in the air.
874 (b) The safe and efficient use of navigable airspace.
875 (c) The nature of the terrain and height of existing
876 structures.
877 (d) The effect of the construction or alteration on the
878 state licensing standards for a public-use airport contained in
879 chapter 330 and rules adopted thereunder.
880 (e) The character of existing and planned flight operations
881 and developments at public-use airports.
882 (f) Federal airways, visual flight rules, flyways and
883 corridors, and instrument approaches as designated by the
884 Federal Aviation Administration.
885 (g) The effect of the construction or alteration of the
886 proposed structure on the minimum descent altitude or the
887 decision height at the affected airport.
888 (h) The cumulative effects on navigable airspace of all
889 existing structures and all other known proposed structures in
890 the area.
891 (i) Additional requirements adopted by the political
892 subdivision or administrative agency pertinent to evaluation and
893 protection of airspace and airport operations.
894 (2) VARIANCES.—
895 (a) Any person desiring to erect any structure, increase
896 the height of any structure, permit the growth of any tree, or
897 otherwise use his or her property in violation of the airport
898 zoning regulations adopted under this chapter or any land
899 development regulation adopted pursuant to the provisions of
900 chapter 163 pertaining to airport land use compatibility, may
901 apply to the board of adjustment for a variance from the zoning
902 regulations in question. At the time of filing the application,
903 the applicant shall forward to the department by certified mail,
904 return receipt requested, a copy of the application. The
905 department shall have 45 days from receipt of the application to
906 comment and to provide its comments or waiver of that right to
907 the applicant and the board of adjustment. The department shall
908 include its explanation for any objections stated in its
909 comments. If the department fails to provide its comments within
910 45 days of receipt of the application, its right to comment is
911 waived. The board of adjustment may proceed with its
912 consideration of the application only upon the receipt of the
913 department’s comments or waiver of that right as demonstrated by
914 the filing of a copy of the return receipt with the board.
915 Noncompliance with this section shall be grounds to appeal
916 pursuant to s. 333.08 and to apply for judicial relief pursuant
917 to s. 333.11. Such variances may only be allowed where a literal
918 application or enforcement of the regulations would result in
919 practical difficulty or unnecessary hardship and where the
920 relief granted would not be contrary to the public interest but
921 would do substantial justice and be in accordance with the
922 spirit of the regulations and this chapter. However, any
923 variance may be allowed subject to any reasonable conditions
924 that the board of adjustment may deem necessary to effectuate
925 the purposes of this chapter.
926 (b) The Department of Transportation shall have the
927 authority to appeal any variance granted under this chapter
928 pursuant to s. 333.08, and to apply for judicial relief pursuant
929 to s. 333.11.
930 (3) OBSTRUCTION MARKING AND LIGHTING.—
931 (a) In issuing a granting any permit or variance under this
932 section, the political subdivision or its administrative agency
933 or board of adjustment shall require the owner of the
934 obstruction structure or tree in question to install, operate,
935 and maintain thereon, at his or her own expense, such marking
936 and lighting in conformance with the specific standards
937 established by the Federal Aviation Administration as may be
938 necessary to indicate to aircraft pilots the presence of an
939 obstruction.
940 (b) Such marking and lighting shall conform to the specific
941 standards established by rule by the Department of
942 Transportation.
943 (c) Existing structures not in compliance on October 1,
944 1988, shall be required to comply whenever the existing marking
945 requires refurbishment, whenever the existing lighting requires
946 replacement, or within 5 years of October 1, 1988, whichever
947 occurs first.
948 Section 13. Section 333.08, Florida Statutes, is repealed.
949 Section 14. Section 333.09, Florida Statutes, is amended to
950 read:
951 333.09 Administration of airport protection zoning
952 regulations.—
953 (1) ADMINISTRATION.—All airport protection zoning
954 regulations adopted under this chapter shall provide for the
955 administration and enforcement of such regulations by the
956 political subdivision or its administrative agency an
957 administrative agency which may be an agency created by such
958 regulations or any official, board, or other existing agency of
959 the political subdivision adopting the regulations or of one of
960 the political subdivisions which participated in the creation of
961 the joint airport zoning board adopting the regulations, if
962 satisfactory to that political subdivision, but in no case shall
963 such administrative agency be or include any member of the board
964 of adjustment. The duties of any administrative agency
965 designated pursuant to this chapter must shall include that of
966 hearing and deciding all permits under s. 333.07 s. 333.07(1),
967 deciding all matters under s. 333.07(3), as they pertain to such
968 agency, and all other matters under this chapter applying to
969 said agency, but such agency shall not have or exercise any of
970 the powers herein delegated to the board of adjustment.
971 (2) LOCAL GOVERNMENT PROCESS.—
972 (a) A political subdivision required to adopt airport
973 zoning regulations under this chapter shall provide a process
974 to:
975 1. Issue or deny permits consistent with s. 333.07.
976 2. Provide the department with a copy of a complete
977 application consistent with s. 333.025(4).
978 3. Enforce the issuance or denial of a permit or other
979 determination made by the administrative agency with respect to
980 airport zoning regulations.
981 (b) If a zoning board or permitting body already exists
982 within a political subdivision, the zoning board or permitting
983 body may implement the airport zoning regulation permitting and
984 appeals processes.
985 (3) APPEALS.—
986 (a) A person, a political subdivision or its administrative
987 agency, or a joint airport zoning board that contends that a
988 decision made by a political subdivision or its administrative
989 agency is an improper application of airport zoning regulations
990 may use the process established for an appeal.
991 (b) All appeals taken under this section must be taken
992 within a reasonable time, as provided by the political
993 subdivision or its administrative agency, by filing with the
994 entity from which the appeal is taken a notice of appeal
995 specifying the grounds for appeal.
996 (c) An appeal shall stay all proceedings in the underlying
997 action appealed from, unless the entity from which the appeal is
998 taken certifies pursuant to the rules for appeal that by reason
999 of the facts stated in the certificate a stay would, in its
1000 opinion, cause imminent peril to life or property. In such
1001 cases, proceedings may not be stayed except by order of the
1002 political subdivision or its administrative agency on notice to
1003 the entity from which the appeal is taken and for good cause
1004 shown.
1005 (d) The political subdivision or its administrative agency
1006 shall set a reasonable time for the hearing of appeals, give
1007 public notice and due notice to the parties in interest, and
1008 decide the same within a reasonable time. Upon the hearing, any
1009 party may appear in person, by agent, or by attorney.
1010 (e) The political subdivision or its administrative agency
1011 may, in conformity with this chapter, affirm, reverse, or modify
1012 the decision on the permit or other determination from which the
1013 appeal is taken.
1014 Section 15. Section 333.10, Florida Statutes, is repealed.
1015 Section 16. Section 333.11, Florida Statutes, is amended to
1016 read:
1017 333.11 Judicial review.—
1018 (1) Any person, aggrieved, or taxpayer affected, by any
1019 decision of a board of adjustment, or any governing body of a
1020 political subdivision, or the Department of Transportation or
1021 any joint airport zoning board affected by a decision of a
1022 political subdivision, or its of any administrative agency
1023 hereunder, may apply for judicial relief to the circuit court in
1024 the judicial circuit where the political subdivision board of
1025 adjustment is located within 30 days after rendition of the
1026 decision by the board of adjustment. Review shall be by petition
1027 for writ of certiorari, which shall be governed by the Florida
1028 Rules of Appellate Procedure.
1029 (2) Upon presentation of such petition to the court, it may
1030 allow a writ of certiorari, directed to the board of adjustment,
1031 to review such decision of the board. The allowance of the writ
1032 shall not stay the proceedings upon the decision appealed from,
1033 but the court may, on application, on notice to the board, on
1034 due hearing and due cause shown, grant a restraining order.
1035 (3) The board of adjustment shall not be required to return
1036 the original papers acted upon by it, but it shall be sufficient
1037 to return certified or sworn copies thereof or of such portions
1038 thereof as may be called for by the writ. The return shall
1039 concisely set forth such other facts as may be pertinent and
1040 material to show the grounds of the decision appealed from and
1041 shall be verified.
1042 (2)(4) The court has shall have exclusive jurisdiction to
1043 affirm, reverse, or modify, or set aside the decision on the
1044 permit or other determination from which the appeal is taken
1045 brought up for review, in whole or in part, and, if appropriate
1046 need be, to order further proceedings by the political
1047 subdivision or its administrative agency board of adjustment.
1048 The findings of fact by the political subdivision or its
1049 administrative agency board, if supported by substantial
1050 evidence, shall be accepted by the court as conclusive, and an
1051 no objection to a decision of the political subdivision or its
1052 administrative agency may not board shall be considered by the
1053 court unless such objection was raised in the underlying
1054 proceeding shall have been urged before the board, or, if it was
1055 not so urged, unless there were reasonable grounds for failure
1056 to do so.
1057 (3)(5) If In any case in which airport zoning regulations
1058 adopted under this chapter, although generally reasonable, are
1059 held by a court to interfere with the use and enjoyment of a
1060 particular structure or parcel of land to such an extent, or to
1061 be so onerous in their application to such a structure or parcel
1062 of land, as to constitute a taking or deprivation of that
1063 property in violation of the State Constitution or the
1064 Constitution of the United States, such holding shall not affect
1065 the application of such regulations to other structures and
1066 parcels of land, or such regulations as are not involved in the
1067 particular decision.
1068 (4)(6) A judicial No appeal to any court may not shall be
1069 or is permitted under this section until the appellant has
1070 exhausted all of its remedies through application for local
1071 government permits, exceptions, and appeals, to any courts, as
1072 herein provided, save and except an appeal from a decision of
1073 the board of adjustment, the appeal herein provided being from
1074 such final decision of such board only, the appellant being
1075 hereby required to exhaust his or her remedies hereunder of
1076 application for permits, exceptions and variances, and appeal to
1077 the board of adjustment, and gaining a determination by said
1078 board, before being permitted to appeal to the court hereunder.
1079 Section 17. Section 333.12, Florida Statutes, is amended to
1080 read:
1081 333.12 Acquisition of air rights.—If In any case which: it
1082 is desired to remove, lower or otherwise terminate a
1083 nonconforming obstruction is determined to be an airport hazard
1084 and the owner will not remove, lower, or otherwise eliminate it
1085 structure or use; or the approach protection necessary cannot,
1086 because of constitutional limitations, be provided by airport
1087 zoning regulations under this chapter; or it appears advisable
1088 that the necessary approach protection be provided by
1089 acquisition of property rights rather than by airport zoning
1090 regulations, the political subdivision within which the property
1091 or nonconforming obstruction use is located, or the political
1092 subdivision owning or operating the airport or being served by
1093 it, may acquire, by purchase, grant, or condemnation in the
1094 manner provided by chapter 73, such property, air right,
1095 avigation navigation easement, or other estate, portion, or
1096 interest in the property or nonconforming obstruction structure
1097 or use or such interest in the air above such property, tree,
1098 structure, or use, in question, as may be necessary to
1099 effectuate the purposes of this chapter, and in so doing, if by
1100 condemnation, to have the right to take immediate possession of
1101 the property, interest in property, air right, or other right
1102 sought to be condemned, at the time, and in the manner and form,
1103 and as authorized by chapter 74. In the case of the purchase of
1104 any property, or any easement, or estate or interest therein or
1105 the acquisition of the same by the power of eminent domain, the
1106 political subdivision making such purchase or exercising such
1107 power shall, in addition to the damages for the taking, injury,
1108 or destruction of property, also pay the cost of the removal and
1109 relocation of any structure or any public utility that which is
1110 required to be moved to a new location.
1111 Section 18. Section 333.13, Florida Statutes, is amended to
1112 read:
1113 333.13 Enforcement and remedies.—
1114 (1) Each violation of this chapter or of any airport zoning
1115 regulations, orders, or rulings adopted promulgated or made
1116 pursuant to this chapter shall constitute a misdemeanor of the
1117 second degree, punishable as provided in s. 775.082 or s.
1118 775.083, and each day a violation continues to exist shall
1119 constitute a separate offense.
1120 (2) In addition, the political subdivision or agency
1121 adopting the airport zoning regulations under this chapter may
1122 institute in any court of competent jurisdiction an action to
1123 prevent, restrain, correct, or abate any violation of this
1124 chapter or of airport zoning regulations adopted under this
1125 chapter or of any order or ruling made in connection with their
1126 administration or enforcement, and the court shall adjudge to
1127 the plaintiff such relief, by way of injunction, (which may be
1128 mandatory,) or otherwise, as may be proper under all the facts
1129 and circumstances of the case in order to fully effectuate the
1130 purposes of this chapter and of the regulations adopted and
1131 orders and rulings made pursuant thereto.
1132 (3) The department of Transportation may institute a civil
1133 action for injunctive relief in the appropriate circuit court to
1134 prevent violation of any provision of this chapter.
1135 Section 19. Section 333.135, Florida Statutes, is created
1136 to read:
1137 333.135 Transition provisions.—
1138 (1) Any airport zoning regulation in effect on July 1,
1139 2016, which includes provisions in conflict with this chapter
1140 shall be amended to conform to the requirements of this chapter
1141 by July 1, 2017.
1142 (2) Any political subdivision having an airport within its
1143 territorial limits which has not adopted airport zoning
1144 regulations shall, by July 1, 2017, adopt airport zoning
1145 regulations consistent with this chapter.
1146 (3) For those political subdivisions that have not yet
1147 adopted airport zoning regulations pursuant to this chapter, the
1148 department shall administer the permitting process as provided
1149 in s. 333.025.
1150 Section 20. Section 333.14, Florida Statutes, is repealed.
1151 Section 21. Subsection (34) is added to section 334.044,
1152 Florida Statutes, to read:
1153 334.044 Department; powers and duties.—The department shall
1154 have the following general powers and duties:
1155 (34) To assume responsibilities of the United States
1156 Department of Transportation with respect to highway projects
1157 within the state under the National Environmental Policy Act of
1158 1969, 42 U.S.C. s. 4321 et seq., and with respect to related
1159 responsibilities for environmental review, consultation, or
1160 other action required under any federal environmental law
1161 pertaining to review or approval of a highway project within the
1162 state. The department may assume responsibilities under 23
1163 U.S.C. s. 327 and enter into one or more agreements, including
1164 memoranda of understanding, with the United States Secretary of
1165 Transportation related to the federal surface transportation
1166 project delivery program for the delivery of highway projects,
1167 as provided by 23 U.S.C. s. 327. The department may adopt rules
1168 to implement this subsection and may adopt relevant federal
1169 environmental standards as the standards for this state for a
1170 program described in this subsection. Sovereign immunity from
1171 civil suit in federal court is waived consistent with 23 U.S.C.
1172 s. 327 and limited to the compliance, discharge, or enforcement
1173 of a responsibility assumed by the department under this
1174 subsection.
1175 Section 22. Paragraph (d) of subsection (2) of section
1176 334.30, Florida Statutes, is amended, current paragraph (e) of
1177 subsection (6) of that section is redesignated as paragraph (f),
1178 and new paragraph (e) is added to that section, to read:
1179 334.30 Public-private transportation facilities.—The
1180 Legislature finds and declares that there is a public need for
1181 the rapid construction of safe and efficient transportation
1182 facilities for the purpose of traveling within the state, and
1183 that it is in the public’s interest to provide for the
1184 construction of additional safe, convenient, and economical
1185 transportation facilities.
1186 (2) Agreements entered into pursuant to this section may
1187 authorize the private entity to impose tolls or fares for the
1188 use of the facility. The following provisions shall apply to
1189 such agreements:
1190 (d) The department shall provide the analysis required in
1191 subparagraph (6)(f)2. (6)(e)2. to the Legislative Budget
1192 Commission created pursuant to s. 11.90 for review and approval
1193 prior to awarding a contract on a lease of an existing toll
1194 facility.
1195 (6) The procurement of public-private partnerships by the
1196 department shall follow the provisions of this section. Sections
1197 337.025, 337.11, 337.14, 337.141, 337.145, 337.175, 337.18,
1198 337.185, 337.19, 337.221, and 337.251 shall not apply to
1199 procurements under this section unless a provision is included
1200 in the procurement documents. The department shall ensure that
1201 generally accepted business practices for exemptions provided by
1202 this subsection are part of the procurement process or are
1203 included in the public-private partnership agreement.
1204 (e) The department shall consult with staff of the Division
1205 of Bond Finance of the State Board of Administration in
1206 connection with a proposal to finance or refinance a
1207 transportation facility pursuant to this section. The department
1208 shall provide the division with the information necessary to
1209 provide timely consultation and recommendations. The division
1210 may make an independent recommendation to the Executive Office
1211 of the Governor.
1212 Section 23. Section 337.027, Florida Statutes, is created
1213 to read:
1214 337.027 Authority to implement a business development
1215 program.—
1216 (1) The Department of Transportation may establish a
1217 program for highway projects that would assist small businesses.
1218 The purpose of this program is to increase competition, lower
1219 prices, and provide increased support to meet the department’s
1220 future work program. The program may include, but is not limited
1221 to, setting aside contracts, providing preference points for the
1222 use of small businesses, providing special assistance in bidding
1223 and contract completion, waiving bond requirements, and
1224 implementing other strategies that would increase competition.
1225 (2) For purposes of this section, the term “small business”
1226 means a business with average gross receipts of less than $15
1227 million for road and bridge contracts and less than $6.5 million
1228 for professional and nonprofessional services contracts. A
1229 business determines its size by averaging its annual gross
1230 receipts over the last 3 years, including the receipts of an
1231 affiliate as defined in s. 337.165.
1232 (3) The department may adopt rules to implement this
1233 section.
1234 Section 24. Subsection (4) of section 338.165, Florida
1235 Statutes, is amended, and subsection (11) is added to that
1236 section, to read:
1237 338.165 Continuation of tolls.—
1238 (4) Notwithstanding any other law to the contrary, pursuant
1239 to s. 11, Art. VII of the State Constitution, and subject to the
1240 requirements of subsection (2), the Department of Transportation
1241 may request the Division of Bond Finance to issue bonds secured
1242 by toll revenues collected on the Alligator Alley and, the
1243 Sunshine Skyway Bridge, the Beeline-East Expressway, the Navarre
1244 Bridge, and the Pinellas Bayway to fund transportation projects
1245 located within the county or counties in which the project is
1246 located and contained in the adopted work program of the
1247 department.
1248 (11) The department’s Pinellas Bayway System may be
1249 transferred by the department and become part of the turnpike
1250 system under the Florida Turnpike Enterprise Law. The transfer
1251 does not affect the rights of the parties, or their successors
1252 in interest, under the settlement agreement and final judgment
1253 in Leonard Lee Ratner, Esther Ratner, and Leeco Gas and Oil Co.
1254 v. State Road Department of the State of Florida, No. 67-1081
1255 (Fla. 2nd Cir. Ct. 1968). Upon transfer of the Pinellas Bayway
1256 System to the turnpike system, the department shall also
1257 transfer to the Florida Turnpike Enterprise the funds deposited
1258 in the reserve account established by chapter 85-364, Laws of
1259 Florida, as amended by chapters 95-382 and 2014-223, Laws of
1260 Florida, which funds shall be used by the Florida Turnpike
1261 Enterprise solely to help fund the costs of repair or
1262 replacement of the transferred facilities.
1263 Section 25. Chapter 85-364, Laws of Florida, as amended by
1264 chapters 95-382 and section 48 of 2014-223, Laws of Florida, is
1265 repealed.
1266 Section 26. Paragraph (c) of subsection (3) of section
1267 338.231, Florida Statutes, is amended to read:
1268 338.231 Turnpike tolls, fixing; pledge of tolls and other
1269 revenues.—The department shall at all times fix, adjust, charge,
1270 and collect such tolls and amounts for the use of the turnpike
1271 system as are required in order to provide a fund sufficient
1272 with other revenues of the turnpike system to pay the cost of
1273 maintaining, improving, repairing, and operating such turnpike
1274 system; to pay the principal of and interest on all bonds issued
1275 to finance or refinance any portion of the turnpike system as
1276 the same become due and payable; and to create reserves for all
1277 such purposes.
1278 (3)
1279 (c) Notwithstanding any other provision of law to the
1280 contrary, any prepaid toll account of any kind which has
1281 remained inactive for 10 3 years shall be presumed unclaimed and
1282 its disposition shall be handled by the Department of Financial
1283 Services in accordance with all applicable provisions of chapter
1284 717 relating to the disposition of unclaimed property, and the
1285 prepaid toll account shall be closed by the department.
1286 Section 27. Section 339.0809, Florida Statutes, is created
1287 to read:
1288 339.0809 Florida Department of Transportation Financing
1289 Corporation.—
1290 (1) The Florida Department of Transportation Financing
1291 Corporation is created as a nonprofit corporation for the
1292 purpose of financing or refinancing projects for the department
1293 as provided in subsection (5).
1294 (2) When used in this section, the term “corporation” means
1295 the Florida Department of Transportation Financing Corporation.
1296 (3) The corporation shall be governed by a board of
1297 directors consisting of the director of the Office of Policy and
1298 Budget in the Executive Office of the Governor, the director of
1299 the Division of Bond Finance, and the Secretary of
1300 Transportation. The director of the Division of Bond Finance is
1301 the chief executive officer of the corporation and shall direct
1302 and supervise the administrative affairs of the corporation and
1303 shall control, direct, and supervise the operation of the
1304 corporation. The corporation shall have such other officers as
1305 may be determined by the board of directors.
1306 (4) The corporation shall have all of the powers of a
1307 corporate body under the laws of this state to the extent that
1308 they are not inconsistent with or restricted by this section,
1309 including, but not limited to, the power to:
1310 (a) Adopt, amend, and repeal bylaws not inconsistent with
1311 this section.
1312 (b) Sue and be sued.
1313 (c) Adopt and use a common seal.
1314 (d) Acquire, purchase, hold, lease, and convey such real
1315 and personal property as may be proper or expedient to carry out
1316 the purposes of the corporation and this section and to sell,
1317 lease, or otherwise dispose of such property.
1318 (e) Elect or appoint and employ such other officers,
1319 agents, and employees as the corporation deems advisable to
1320 operate and manage the affairs of the corporation, which
1321 officers, agents, and employees may be officers or employees of
1322 the department and the state agencies represented on the board
1323 of directors of the corporation.
1324 (f) Borrow money and issue notes, bonds, certificates of
1325 indebtedness, or other obligations or evidences of indebtedness
1326 necessary to finance or refinance projects as provided in
1327 subsection (5).
1328 (g) Make and execute any and all contracts, trust
1329 agreements, and other instruments and agreements necessary or
1330 convenient to accomplish the purposes of the corporation and
1331 this section.
1332 (h) Select, retain, and employ professionals, contractors,
1333 or agents, which may include the Division of Bond Finance, as
1334 necessary or convenient to enable or assist the corporation in
1335 carrying out the purposes of the corporation and this section.
1336 (i) Take any action necessary or convenient to carry out
1337 the purposes of the corporation and this section and the powers
1338 provided in this section.
1339 (5) The corporation may enter into one or more service
1340 contracts with the department to provide services to the
1341 department in connection with projects approved in the
1342 department’s work program, which approval specifically provides
1343 that the department may enter into a service contract for the
1344 project pursuant to this section. The department may enter into
1345 one or more such service contracts with the corporation and
1346 provide for payments under such contracts, subject to annual
1347 appropriation by the Legislature. The proceeds from such service
1348 contracts may be used for the corporation’s administrative costs
1349 and expenses after the payments specified in subsection (6).
1350 Each service contract may have a term of up to 35 years. In
1351 compliance with s. 287.0641 and other applicable law, the
1352 obligations of the department under such service contracts do
1353 not constitute a general obligation of the state or a pledge of
1354 the full faith and credit or taxing power of the state, and such
1355 obligations are not an obligation of the State Board of
1356 Administration or entities for which it invests funds, other
1357 than the department as provided in this section, but are payable
1358 solely from amounts available in the State Transportation Trust
1359 Fund, subject to annual appropriation. In compliance with this
1360 subsection and s. 287.0582, the service contract must expressly
1361 include the following statement: “The State of Florida’s
1362 performance and obligation to pay under this contract is
1363 contingent upon an annual appropriation by the Legislature.”
1364 (6) The corporation may issue and incur notes, bonds,
1365 certificates of indebtedness, or other obligations or evidences
1366 of indebtedness payable from and secured by amounts payable to
1367 the corporation by the department under a service contract
1368 entered into pursuant to subsection (5) for the purpose of
1369 financing or refinancing projects approved as provided in that
1370 subsection. The duration of any such note, bond, certificate of
1371 indebtedness, or other obligation or evidence of indebtedness
1372 may not exceed 30 annual maturities. The corporation may select
1373 its financing team and issue its obligations through competitive
1374 bidding or negotiated contracts, whichever is most cost
1375 effective. Indebtedness of the corporation does not constitute a
1376 debt or obligation of the state or a pledge of the full faith
1377 and credit or taxing power of the state, but is payable from and
1378 secured by payments made by the department under the service
1379 contract.
1380 (7) The fulfillment of the purposes of the corporation
1381 promotes the health, safety, and general welfare of the people
1382 of the state and serves essential governmental functions and a
1383 paramount public purpose.
1384 (8) The corporation is exempt from taxation and assessments
1385 on its income, property, and assets or revenues acquired,
1386 received, or used in the furtherance of the purposes provided in
1387 this chapter. The obligations of the corporation incurred
1388 pursuant to subsection (6) and the interest and income on such
1389 obligations and all security agreements, letters of credit,
1390 liquidity facilities, or other obligations or instruments
1391 arising out of, entered into in connection with, or given to
1392 secure payment of such obligations are exempt from taxation;
1393 however, such exemption does not apply to any tax imposed under
1394 chapter 220 on the interest, income, or profits on debt
1395 obligations owned by corporations.
1396 (9) The corporation may validate obligations to be incurred
1397 pursuant to subsection (6) and the validity and enforceability
1398 of any service contracts providing for payments pledged to the
1399 payment of such obligations by proceedings under chapter 75. The
1400 validation complaint may be filed only in the Circuit Court of
1401 Leon County. The notice required to be published by s. 75.06
1402 must be published in Leon County, and the complaint and order of
1403 the circuit court may be served only on the State Attorney for
1404 the Second Judicial Circuit. Sections 75.04(2) and 75.06(2) do
1405 not apply to a complaint for validation filed under this
1406 subsection.
1407 (10) The corporation is not a special district for the
1408 purposes of chapter 189 or a unit of local government for the
1409 purposes of part III of chapter 218. The provisions of chapters
1410 120 and 215, except the limitation on the interest rates
1411 provided by s. 215.84, which applies to obligations of the
1412 corporation issued pursuant to this section, and part I of
1413 chapter 287, except ss. 287.0582 and 287.0641, do not apply to
1414 this section, the corporation, the service contracts entered
1415 into pursuant to this section, or debt obligations issued by the
1416 corporation as contemplated in this section.
1417 (11) The benefits and earnings of the corporation may not
1418 inure to the benefit of any private person.
1419 (12) Upon dissolution of the corporation, title to all
1420 property owned by the corporation reverts to the state.
1421 (13) The corporation may contract with the State Board of
1422 Administration to serve as a trustee with respect to debt
1423 obligations issued by the corporation as contemplated by this
1424 section; to hold, administer, and invest proceeds of such debt
1425 obligations and other funds of the corporation; and to perform
1426 other services required by the corporation. The State Board of
1427 Administration may perform such services and may contract with
1428 others to provide all or a part of such services and to recover
1429 its costs and other expenses thereof.
1430 (14) The department may enter into a service contract in
1431 conjunction with the issuance of debt obligations as provided in
1432 this section which provides for periodic payments for debt
1433 service or other amounts payable with respect to debt
1434 obligations, plus any administrative expenses of the
1435 corporation.
1436 Section 28. Paragraph (d) of subsection (3) of section
1437 343.922, Florida Statutes, is amended to read:
1438 343.922 Powers and duties.—
1439 (3)
1440 (d) After its adoption, the master plan shall be updated
1441 every 5 2 years before July 1.
1442 Section 29. Paragraph (a) of subsection (9) of section
1443 348.0004, Florida Statutes, is amended to read:
1444 348.0004 Purposes and powers.—
1445 (9) The Legislature declares that there is a public need
1446 for the rapid construction of safe and efficient transportation
1447 facilities for traveling within the state and that it is in the
1448 public’s interest to provide for public-private partnership
1449 agreements to effectuate the construction of additional safe,
1450 convenient, and economical transportation facilities.
1451 (a) Notwithstanding any other provision of the Florida
1452 Expressway Authority Act, any expressway authority,
1453 transportation authority, bridge authority, or toll authority
1454 may receive or solicit proposals and enter into agreements with
1455 private entities, or consortia thereof, for the building,
1456 operation, ownership, or financing of authority transportation
1457 facilities or new transportation facilities within the
1458 jurisdiction of the authority which increase transportation
1459 capacity. An authority may not sell or lease any transportation
1460 facility owned by the authority, without providing the analysis
1461 required in s. 334.30(6) s. 334.30(6)(e)2. to the Legislative
1462 Budget Commission created pursuant to s. 11.90 for review and
1463 approval prior to awarding a contract on a lease of an existing
1464 toll facility. An authority is authorized to adopt rules to
1465 implement this subsection and shall, by rule, establish an
1466 application fee for the submission of unsolicited proposals
1467 under this subsection. The fee must be sufficient to pay the
1468 costs of evaluating the proposals. An authority may engage
1469 private consultants to assist in the evaluation. Before
1470 approval, an authority must determine that a proposed project:
1471 1. Is in the public’s best interest.
1472 2. Would not require state funds to be used unless the
1473 project is on or provides increased mobility on the State
1474 Highway System.
1475 3. Would have adequate safeguards to ensure that no
1476 additional costs or service disruptions would be realized by the
1477 traveling public and residents of the state in the event of
1478 default or the cancellation of the agreement by the authority.
1479 4. Would have adequate safeguards in place to ensure that
1480 the department, the authority, or the private entity has the
1481 opportunity to add capacity to the proposed project and other
1482 transportation facilities serving similar origins and
1483 destinations.
1484 5. Would be owned by the authority upon completion or
1485 termination of the agreement.
1486 Section 30. This act shall take effect July 1, 2016.
