Bill Text: FL S1362 | 2024 | Regular Session | Comm Sub
Bill Title: Aviation
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2024-03-05 - Laid on Table, refer to CS/CS/HB 981 [S1362 Detail]
Download: Florida-2024-S1362-Comm_Sub.html
Florida Senate - 2024 CS for CS for CS for SB 1362
By the Committee on Fiscal Policy; the Appropriations Committee
on Transportation, Tourism, and Economic Development; the
Committee on Transportation; and Senator Harrell
594-03658-24 20241362c3
1 A bill to be entitled
2 An act relating to aviation; amending s. 330.27, F.S.;
3 revising definitions; amending s. 330.30, F.S.;
4 beginning on a specified date, requiring the owner or
5 lessee of a proposed vertiport to comply with a
6 specified provision in obtaining certain approval and
7 license or registration; requiring the Department of
8 Transportation to conduct a final physical inspection
9 of the vertiport to ensure compliance with specified
10 requirements; conforming a cross-reference; creating
11 s. 332.15, F.S.; providing duties of the department,
12 within specified resources, with respect to
13 vertiports, advanced air mobility, and other advances
14 in aviation technology; amending s. 333.03, F.S.;
15 revising requirements for the adoption of airport land
16 use compatibility zoning regulations; reenacting ss.
17 365.172(13), 379.2293(2), 493.6101(22), and
18 493.6403(1)(c), F.S., relating to emergency
19 communications, airport activities within the scope of
20 a federally approved wildlife hazard management plan
21 or a federal or state permit or other authorization
22 for depredation or harassment, definitions, and
23 license requirements, respectively, to incorporate the
24 amendment made to s. 330.27, F.S., in references
25 thereto; providing an effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Subsections (1), (2), and (8) of section 330.27,
30 Florida Statutes, are amended to read:
31 330.27 Definitions, when used in ss. 330.29-330.39.—
32 (1) “Aircraft” means a powered or unpowered machine or
33 device capable of atmospheric flight, including, but not limited
34 to, an airplane, autogyro, glider, gyrodyne, helicopter, lift
35 and cruise, multicopter, paramotor, powered lift, seaplane,
36 tiltrotor, ultralight, and vectored thrust. The term does not
37 include except a parachute or other such device used primarily
38 as safety equipment.
39 (2) “Airport” means an area of land or water used for, or
40 intended to be used for, landing and takeoff of aircraft
41 operations, which may include any including appurtenant areas,
42 buildings, facilities, or rights-of-way necessary to facilitate
43 such use or intended use. The term includes, but is not limited
44 to, an airpark, airport, gliderport, heliport, helistop,
45 seaplane base, ultralight flightpark, vertiport, and vertistop.
46 (8) “Ultralight aircraft” means any aircraft meeting the
47 criteria established by part 103 of the Federal Aviation
48 Regulations.
49 Section 2. Present subsections (3) and (4) of section
50 330.30, Florida Statutes, are redesignated as subsections (4)
51 and (5), respectively, a new subsection (3) is added to that
52 section, and paragraph (a) of subsection (1), paragraph (a) of
53 subsection (2), and present subsection (4) of that section are
54 amended, to read:
55 330.30 Approval of airport sites; registration and
56 licensure of airports.—
57 (1) SITE APPROVALS; REQUIREMENTS, EFFECTIVE PERIOD,
58 REVOCATION.—
59 (a) Except as provided in subsection (4) (3), the owner or
60 lessee of a proposed airport shall, before site acquisition or
61 construction or establishment of the proposed airport, obtain
62 approval of the airport site from the department. Applications
63 for approval of a site shall be made in a form and manner
64 prescribed by the department. The department shall grant the
65 site approval if it is satisfied:
66 1. That the site has adequate area allocated for the
67 airport as proposed.
68 2. That the proposed airport will conform to licensing or
69 registration requirements and will comply with the applicable
70 local government land development regulations or zoning
71 requirements.
72 3. That all affected airports, local governments, and
73 property owners have been notified and any comments submitted by
74 them have been given adequate consideration.
75 4. That safe air-traffic patterns can be established for
76 the proposed airport with all existing airports and approved
77 airport sites in its vicinity.
78 (2) LICENSES AND REGISTRATIONS; REQUIREMENTS, RENEWAL,
79 REVOCATION.—
80 (a) Except as provided in subsection (4) (3), the owner or
81 lessee of an airport in this state shall have a public airport
82 license, private airport registration, or temporary airport
83 registration before the operation of aircraft to or from the
84 airport. Application for a license or registration shall be made
85 in a form and manner prescribed by the department.
86 1. For a public airport, upon granting site approval, the
87 department shall issue a license after a final airport
88 inspection finds the airport to be in compliance with all
89 requirements for the license. The license may be subject to any
90 reasonable conditions the department deems necessary to protect
91 the public health, safety, or welfare.
92 2. For a private airport, upon granting site approval, the
93 department shall provide controlled electronic access to the
94 state aviation facility data system to permit the applicant to
95 complete the registration process. Registration shall be
96 completed upon self-certification by the registrant of
97 operational and configuration data deemed necessary by the
98 department.
99 3. For a temporary airport, the department must publish
100 notice of receipt of a completed registration application in the
101 next available publication of the Florida Administrative
102 Register and may not approve a registration application less
103 than 14 days after the date of publication of the notice. The
104 department must approve or deny a registration application
105 within 30 days after receipt of a completed application and must
106 issue the temporary airport registration concurrent with the
107 airport site approval. A completed registration application that
108 is not approved or denied within 30 days after the department
109 receives the completed application is considered approved and
110 shall be issued, subject to such reasonable conditions as are
111 authorized by law. An applicant seeking to claim registration by
112 default under this subparagraph must notify the agency clerk of
113 the department, in writing, of the intent to rely upon the
114 default registration provision of this subparagraph and may not
115 take any action based upon the default registration until after
116 receipt of such notice by the agency clerk.
117 (3) VERTIPORTS.—On or after July 1, 2024, the owner or
118 lessee of a proposed vertiport must comply with subsection (1)
119 in obtaining site approval and with subsection (2) in obtaining
120 an airport license or registration. In conjunction with the
121 granting of site approval, the department must conduct a final
122 physical inspection of the vertiport to ensure compliance with
123 all requirements for airport licensure or registration.
124 (5)(4) EXCEPTIONS.—Private airports with 10 or more based
125 aircraft may request to be inspected and licensed by the
126 department. Private airports licensed according to this
127 subsection shall be considered private airports as defined in s.
128 330.27 s. 330.27(5) in all other respects.
129 Section 3. Section 332.15, Florida Statutes, is created to
130 read:
131 332.15 Advanced air mobility.—The Department of
132 Transportation shall, within the resources provided pursuant to
133 chapter 216:
134 (1) Address the need for vertiports, advanced air mobility,
135 and other advances in aviation technology in the statewide
136 aviation system plan as required under s. 332.006(1) and, as
137 appropriate, in the department’s work program.
138 (2) Designate a subject matter expert on advanced air
139 mobility within the department to serve as a resource for local
140 jurisdictions navigating advances in aviation technology.
141 (3) Lead a statewide education campaign for local officials
142 to provide education on the benefits of advanced air mobility
143 and advances in aviation technology and to support the efforts
144 to make this state a leader in aviation technology.
145 (4) Provide local jurisdictions with a guidebook and
146 technical resources to support uniform planning and zoning
147 language across this state related to advanced air mobility and
148 other advances in aviation technology.
149 (5) Ensure that a political subdivision of the state does
150 not exercise its zoning and land use authority to grant or
151 permit an exclusive right to one or more vertiport owners or
152 operators and authorize a political subdivision to use its
153 authority to promote reasonable access to advanced air mobility
154 operators at public use vertiports within the jurisdiction of
155 the subdivision.
156 (6) Conduct a review of airport hazard zone regulations
157 and, as needed, make recommendations to the Legislature
158 proposing any changes to regulations as a result of the review.
159 Section 4. Subsection (2) of section 333.03, Florida
160 Statutes, is amended to read:
161 333.03 Requirement to adopt airport zoning regulations.—
162 (2) In the manner provided in subsection (1), political
163 subdivisions shall adopt, administer, and enforce airport land
164 use compatibility zoning regulations. At a minimum, airport land
165 use compatibility zoning regulations must address shall, at a
166 minimum, consider the following:
167 (a) The prohibition of new landfills and the restriction of
168 existing landfills within the following areas:
169 1. Within 10,000 feet from the nearest point of any runway
170 used or planned to be used by turbine aircraft.
171 2. Within 5,000 feet from the nearest point of any runway
172 used by only nonturbine aircraft.
173 3. Outside the perimeters defined in subparagraphs 1. and
174 2., but still within the lateral limits of the civil airport
175 imaginary surfaces defined in 14 C.F.R. s. 77.19. Case-by-case
176 review of such landfills is advised.
177 (b) When Where any landfill is located and constructed in a
178 manner that attracts or sustains hazardous bird movements from
179 feeding, water, or roosting areas into, or across, the runways
180 or approach and departure patterns of aircraft. The landfill
181 operator must incorporate bird management techniques or other
182 practices to minimize bird hazards to airborne aircraft.
183 (c) When Where an airport authority or other governing body
184 operating a public-use airport has conducted a noise study in
185 accordance with 14 C.F.R. part 150, or when where a public-use
186 airport owner has established noise contours pursuant to another
187 public study accepted by the Federal Aviation Administration,
188 the prohibition of incompatible uses, as established in the
189 noise study in 14 C.F.R. part 150, Appendix A or as a part of an
190 alternative Federal Aviation Administration-accepted public
191 study, within the noise contours established by any of these
192 studies, except if such uses are specifically contemplated by
193 such study with appropriate mitigation or similar techniques
194 described in the study.
195 (d) When Where an airport authority or other governing body
196 operating a public-use airport has not conducted a noise study,
197 the prohibition mitigation of potential incompatible uses
198 associated with residential construction and any educational
199 facilities facility, with the exception of aviation school
200 facilities or residential property near a public-use airport
201 that has as its sole runway a turf runway measuring less than
202 2,800 feet in length, within an area contiguous to the airport
203 measuring one-half the length of the longest runway on either
204 side of and at the end of each runway centerline.
205 (e) The restriction of new incompatible uses, activities,
206 or substantial modifications to existing incompatible uses
207 within runway protection zones.
208 Section 5. For the purpose of incorporating the amendment
209 made by this act to section 330.27, Florida Statutes, in a
210 reference thereto, subsection (13) of section 365.172, Florida
211 Statutes, is reenacted to read:
212 365.172 Emergency communications.—
213 (13) FACILITATING EMERGENCY COMMUNICATIONS SERVICE
214 IMPLEMENTATION.—To balance the public need for reliable
215 emergency communications services through reliable wireless
216 systems and the public interest served by governmental zoning
217 and land development regulations and notwithstanding any other
218 law or local ordinance to the contrary, the following standards
219 shall apply to a local government’s actions, as a regulatory
220 body, in the regulation of the placement, construction, or
221 modification of a wireless communications facility. This
222 subsection may not, however, be construed to waive or alter the
223 provisions of s. 286.011 or s. 286.0115. For the purposes of
224 this subsection only, “local government” shall mean any
225 municipality or county and any agency of a municipality or
226 county only. The term “local government” does not, however,
227 include any airport, as defined by s. 330.27(2), even if it is
228 owned or controlled by or through a municipality, county, or
229 agency of a municipality or county. Further, notwithstanding
230 anything in this section to the contrary, this subsection does
231 not apply to or control a local government’s actions as a
232 property or structure owner in the use of any property or
233 structure owned by such entity for the placement, construction,
234 or modification of wireless communications facilities. In the
235 use of property or structures owned by the local government,
236 however, a local government may not use its regulatory authority
237 so as to avoid compliance with, or in a manner that does not
238 advance, the provisions of this subsection.
239 (a) Colocation among wireless providers is encouraged by
240 the state.
241 1.a. Colocations on towers, including nonconforming towers,
242 that meet the requirements in sub-sub-subparagraphs (I), (II),
243 and (III), are subject to only building permit review, which may
244 include a review for compliance with this subparagraph. Such
245 colocations are not subject to any design or placement
246 requirements of the local government’s land development
247 regulations in effect at the time of the colocation that are
248 more restrictive than those in effect at the time of the initial
249 antennae placement approval, to any other portion of the land
250 development regulations, or to public hearing review. This sub
251 subparagraph may not preclude a public hearing for any appeal of
252 the decision on the colocation application.
253 (I) The colocation does not increase the height of the
254 tower to which the antennae are to be attached, measured to the
255 highest point of any part of the tower or any existing antenna
256 attached to the tower;
257 (II) The colocation does not increase the ground space
258 area, commonly known as the compound, approved in the site plan
259 for equipment enclosures and ancillary facilities; and
260 (III) The colocation consists of antennae, equipment
261 enclosures, and ancillary facilities that are of a design and
262 configuration consistent with all applicable regulations,
263 restrictions, or conditions, if any, applied to the initial
264 antennae placed on the tower and to its accompanying equipment
265 enclosures and ancillary facilities and, if applicable, applied
266 to the tower supporting the antennae. Such regulations may
267 include the design and aesthetic requirements, but not
268 procedural requirements, other than those authorized by this
269 section, of the local government’s land development regulations
270 in effect at the time the initial antennae placement was
271 approved.
272 b. Except for a historic building, structure, site, object,
273 or district, or a tower included in sub-subparagraph a.,
274 colocations on all other existing structures that meet the
275 requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
276 to no more than building permit review, and an administrative
277 review for compliance with this subparagraph. Such colocations
278 are not subject to any portion of the local government’s land
279 development regulations not addressed herein, or to public
280 hearing review. This sub-subparagraph may not preclude a public
281 hearing for any appeal of the decision on the colocation
282 application.
283 (I) The colocation does not increase the height of the
284 existing structure to which the antennae are to be attached,
285 measured to the highest point of any part of the structure or
286 any existing antenna attached to the structure;
287 (II) The colocation does not increase the ground space
288 area, otherwise known as the compound, if any, approved in the
289 site plan for equipment enclosures and ancillary facilities;
290 (III) The colocation consists of antennae, equipment
291 enclosures, and ancillary facilities that are of a design and
292 configuration consistent with any applicable structural or
293 aesthetic design requirements and any requirements for location
294 on the structure, but not prohibitions or restrictions on the
295 placement of additional colocations on the existing structure or
296 procedural requirements, other than those authorized by this
297 section, of the local government’s land development regulations
298 in effect at the time of the colocation application; and
299 (IV) The colocation consists of antennae, equipment
300 enclosures, and ancillary facilities that are of a design and
301 configuration consistent with all applicable restrictions or
302 conditions, if any, that do not conflict with sub-sub
303 subparagraph (III) and were applied to the initial antennae
304 placed on the structure and to its accompanying equipment
305 enclosures and ancillary facilities and, if applicable, applied
306 to the structure supporting the antennae.
307 c. Regulations, restrictions, conditions, or permits of the
308 local government, acting in its regulatory capacity, that limit
309 the number of colocations or require review processes
310 inconsistent with this subsection do not apply to colocations
311 addressed in this subparagraph.
312 d. If only a portion of the colocation does not meet the
313 requirements of this subparagraph, such as an increase in the
314 height of the proposed antennae over the existing structure
315 height or a proposal to expand the ground space approved in the
316 site plan for the equipment enclosure, where all other portions
317 of the colocation meet the requirements of this subparagraph,
318 that portion of the colocation only may be reviewed under the
319 local government’s regulations applicable to an initial
320 placement of that portion of the facility, including, but not
321 limited to, its land development regulations, and within the
322 review timeframes of subparagraph (d)2., and the rest of the
323 colocation shall be reviewed in accordance with this
324 subparagraph. A colocation proposal under this subparagraph that
325 increases the ground space area, otherwise known as the
326 compound, approved in the original site plan for equipment
327 enclosures and ancillary facilities by no more than a cumulative
328 amount of 400 square feet or 50 percent of the original compound
329 size, whichever is greater, shall, however, require no more than
330 administrative review for compliance with the local government’s
331 regulations, including, but not limited to, land development
332 regulations review, and building permit review, with no public
333 hearing review. This sub-subparagraph does not preclude a public
334 hearing for any appeal of the decision on the colocation
335 application.
336 2. If a colocation does not meet the requirements of
337 subparagraph 1., the local government may review the application
338 under the local government’s regulations, including, but not
339 limited to, land development regulations, applicable to the
340 placement of initial antennae and their accompanying equipment
341 enclosure and ancillary facilities.
342 3. If a colocation meets the requirements of subparagraph
343 1., the colocation may not be considered a modification to an
344 existing structure or an impermissible modification of a
345 nonconforming structure.
346 4. The owner of the existing tower on which the proposed
347 antennae are to be colocated shall remain responsible for
348 compliance with any applicable condition or requirement of a
349 permit or agreement, or any applicable condition or requirement
350 of the land development regulations to which the existing tower
351 had to comply at the time the tower was permitted, including any
352 aesthetic requirements, provided the condition or requirement is
353 not inconsistent with this paragraph.
354 5. An existing tower, including a nonconforming tower, may
355 be structurally modified in order to permit colocation or may be
356 replaced through no more than administrative review and building
357 permit review, and is not subject to public hearing review, if
358 the overall height of the tower is not increased and, if a
359 replacement, the replacement tower is a monopole tower or, if
360 the existing tower is a camouflaged tower, the replacement tower
361 is a like-camouflaged tower. This subparagraph may not preclude
362 a public hearing for any appeal of the decision on the
363 application.
364 (b)1. A local government’s land development and
365 construction regulations for wireless communications facilities
366 and the local government’s review of an application for the
367 placement, construction, or modification of a wireless
368 communications facility shall only address land development or
369 zoning issues. In such local government regulations or review,
370 the local government may not require information on or evaluate
371 a wireless provider’s business decisions about its service,
372 customer demand for its service, or quality of its service to or
373 from a particular area or site, unless the wireless provider
374 voluntarily offers this information to the local government. In
375 such local government regulations or review, a local government
376 may not require information on or evaluate the wireless
377 provider’s designed service unless the information or materials
378 are directly related to an identified land development or zoning
379 issue or unless the wireless provider voluntarily offers the
380 information. Information or materials directly related to an
381 identified land development or zoning issue may include, but are
382 not limited to, evidence that no existing structure can
383 reasonably be used for the antennae placement instead of the
384 construction of a new tower, that residential areas cannot be
385 served from outside the residential area, as addressed in
386 subparagraph 3., or that the proposed height of a new tower or
387 initial antennae placement or a proposed height increase of a
388 modified tower, replacement tower, or colocation is necessary to
389 provide the provider’s designed service. Nothing in this
390 paragraph shall limit the local government from reviewing any
391 applicable land development or zoning issue addressed in its
392 adopted regulations that does not conflict with this section,
393 including, but not limited to, aesthetics, landscaping, land
394 use-based location priorities, structural design, and setbacks.
395 2. Any setback or distance separation required of a tower
396 may not exceed the minimum distance necessary, as determined by
397 the local government, to satisfy the structural safety or
398 aesthetic concerns that are to be protected by the setback or
399 distance separation.
400 3. A local government may exclude the placement of wireless
401 communications facilities in a residential area or residential
402 zoning district but only in a manner that does not constitute an
403 actual or effective prohibition of the provider’s service in
404 that residential area or zoning district. If a wireless provider
405 demonstrates to the satisfaction of the local government that
406 the provider cannot reasonably provide its service to the
407 residential area or zone from outside the residential area or
408 zone, the municipality or county and provider shall cooperate to
409 determine an appropriate location for a wireless communications
410 facility of an appropriate design within the residential area or
411 zone. The local government may require that the wireless
412 provider reimburse the reasonable costs incurred by the local
413 government for this cooperative determination. An application
414 for such cooperative determination may not be considered an
415 application under paragraph (d).
416 4. A local government may impose a reasonable fee on
417 applications to place, construct, or modify a wireless
418 communications facility only if a similar fee is imposed on
419 applicants seeking other similar types of zoning, land use, or
420 building permit review. A local government may impose fees for
421 the review of applications for wireless communications
422 facilities by consultants or experts who conduct code compliance
423 review for the local government but any fee is limited to
424 specifically identified reasonable expenses incurred in the
425 review. A local government may impose reasonable surety
426 requirements to ensure the removal of wireless communications
427 facilities that are no longer being used.
428 5. A local government may impose design requirements, such
429 as requirements for designing towers to support colocation or
430 aesthetic requirements, except as otherwise limited in this
431 section, but may not impose or require information on compliance
432 with building code type standards for the construction or
433 modification of wireless communications facilities beyond those
434 adopted by the local government under chapter 553 and that apply
435 to all similar types of construction.
436 (c) Local governments may not require wireless providers to
437 provide evidence of a wireless communications facility’s
438 compliance with federal regulations, except evidence of
439 compliance with applicable Federal Aviation Administration
440 requirements under 14 C.F.R. part 77, as amended, and evidence
441 of proper Federal Communications Commission licensure, or other
442 evidence of Federal Communications Commission authorized
443 spectrum use, but may request the Federal Communications
444 Commission to provide information as to a wireless provider’s
445 compliance with federal regulations, as authorized by federal
446 law.
447 (d)1. A local government shall grant or deny each properly
448 completed application for a colocation under subparagraph (a)1.
449 based on the application’s compliance with the local
450 government’s applicable regulations, as provided for in
451 subparagraph (a)1. and consistent with this subsection, and
452 within the normal timeframe for a similar building permit review
453 but in no case later than 45 business days after the date the
454 application is determined to be properly completed in accordance
455 with this paragraph.
456 2. A local government shall grant or deny each properly
457 completed application for any other wireless communications
458 facility based on the application’s compliance with the local
459 government’s applicable regulations, including but not limited
460 to land development regulations, consistent with this subsection
461 and within the normal timeframe for a similar type review but in
462 no case later than 90 business days after the date the
463 application is determined to be properly completed in accordance
464 with this paragraph.
465 3.a. An application is deemed submitted or resubmitted on
466 the date the application is received by the local government. If
467 the local government does not notify the applicant in writing
468 that the application is not completed in compliance with the
469 local government’s regulations within 20 business days after the
470 date the application is initially submitted or additional
471 information resubmitted, the application is deemed, for
472 administrative purposes only, to be properly completed and
473 properly submitted. However, the determination may not be deemed
474 as an approval of the application. If the application is not
475 completed in compliance with the local government’s regulations,
476 the local government shall so notify the applicant in writing
477 and the notification must indicate with specificity any
478 deficiencies in the required documents or deficiencies in the
479 content of the required documents which, if cured, make the
480 application properly completed. Upon resubmission of information
481 to cure the stated deficiencies, the local government shall
482 notify the applicant, in writing, within the normal timeframes
483 of review, but in no case longer than 20 business days after the
484 additional information is submitted, of any remaining
485 deficiencies that must be cured. Deficiencies in document type
486 or content not specified by the local government do not make the
487 application incomplete. Notwithstanding this sub-subparagraph,
488 if a specified deficiency is not properly cured when the
489 applicant resubmits its application to comply with the notice of
490 deficiencies, the local government may continue to request the
491 information until such time as the specified deficiency is
492 cured. The local government may establish reasonable timeframes
493 within which the required information to cure the application
494 deficiency is to be provided or the application will be
495 considered withdrawn or closed.
496 b. If the local government fails to grant or deny a
497 properly completed application for a wireless communications
498 facility within the timeframes set forth in this paragraph, the
499 application shall be deemed automatically approved and the
500 applicant may proceed with placement of the facilities without
501 interference or penalty. The timeframes specified in
502 subparagraph 2. may be extended only to the extent that the
503 application has not been granted or denied because the local
504 government’s procedures generally applicable to all other
505 similar types of applications require action by the governing
506 body and such action has not taken place within the timeframes
507 specified in subparagraph 2. Under such circumstances, the local
508 government must act to either grant or deny the application at
509 its next regularly scheduled meeting or, otherwise, the
510 application is deemed to be automatically approved.
511 c. To be effective, a waiver of the timeframes set forth in
512 this paragraph must be voluntarily agreed to by the applicant
513 and the local government. A local government may request, but
514 not require, a waiver of the timeframes by the applicant, except
515 that, with respect to a specific application, a one-time waiver
516 may be required in the case of a declared local, state, or
517 federal emergency that directly affects the administration of
518 all permitting activities of the local government.
519 (e) The replacement of or modification to a wireless
520 communications facility, except a tower, that results in a
521 wireless communications facility not readily discernibly
522 different in size, type, and appearance when viewed from ground
523 level from surrounding properties, and the replacement or
524 modification of equipment that is not visible from surrounding
525 properties, all as reasonably determined by the local
526 government, are subject to no more than applicable building
527 permit review.
528 (f) Any other law to the contrary notwithstanding, the
529 Department of Management Services shall negotiate, in the name
530 of the state, leases for wireless communications facilities that
531 provide access to state government-owned property not acquired
532 for transportation purposes, and the Department of
533 Transportation shall negotiate, in the name of the state, leases
534 for wireless communications facilities that provide access to
535 property acquired for state rights-of-way. On property acquired
536 for transportation purposes, leases shall be granted in
537 accordance with s. 337.251. On other state government-owned
538 property, leases shall be granted on a space available, first
539 come, first-served basis. Payments required by state government
540 under a lease must be reasonable and must reflect the market
541 rate for the use of the state government-owned property. The
542 Department of Management Services and the Department of
543 Transportation are authorized to adopt rules for the terms and
544 conditions and granting of any such leases.
545 (g) If any person adversely affected by any action, or
546 failure to act, or regulation, or requirement of a local
547 government in the review or regulation of the wireless
548 communication facilities files an appeal or brings an
549 appropriate action in a court or venue of competent
550 jurisdiction, following the exhaustion of all administrative
551 remedies, the matter shall be considered on an expedited basis.
552 Section 6. For the purpose of incorporating the amendment
553 made by this act to section 330.27, Florida Statutes, in a
554 reference thereto, subsection (2) of section 379.2293, Florida
555 Statutes, is reenacted to read:
556 379.2293 Airport activities within the scope of a federally
557 approved wildlife hazard management plan or a federal or state
558 permit or other authorization for depredation or harassment.—
559 (2) An airport authority or other entity owning or
560 operating an airport, as defined in s. 330.27(2), is not subject
561 to any administrative or civil penalty, restriction, or other
562 sanction with respect to any authorized action taken in a non
563 negligent manner for the purpose of protecting human life or
564 aircraft safety from wildlife hazards.
565 Section 7. For the purpose of incorporating the amendment
566 made by this act to section 330.27, Florida Statutes, in a
567 reference thereto, subsection (22) of section 493.6101, Florida
568 Statutes, is reenacted to read:
569 493.6101 Definitions.—
570 (22) “Repossession” means the recovery of a motor vehicle
571 as defined under s. 320.01(1), a mobile home as defined in s.
572 320.01(2), a motorboat as defined under s. 327.02, an aircraft
573 as defined in s. 330.27(1), a personal watercraft as defined in
574 s. 327.02, an all-terrain vehicle as defined in s. 316.2074,
575 farm equipment as defined under s. 686.402, or industrial
576 equipment, by an individual who is authorized by the legal
577 owner, lienholder, or lessor to recover, or to collect money
578 payment in lieu of recovery of, that which has been sold or
579 leased under a security agreement that contains a repossession
580 clause. As used in this subsection, the term “industrial
581 equipment” includes, but is not limited to, tractors, road
582 rollers, cranes, forklifts, backhoes, and bulldozers. The term
583 “industrial equipment” also includes other vehicles that are
584 propelled by power other than muscular power and that are used
585 in the manufacture of goods or used in the provision of
586 services. A repossession is complete when a licensed recovery
587 agent is in control, custody, and possession of such repossessed
588 property. Property that is being repossessed shall be considered
589 to be in the control, custody, and possession of a recovery
590 agent if the property being repossessed is secured in
591 preparation for transport from the site of the recovery by means
592 of being attached to or placed on the towing or other transport
593 vehicle or if the property being repossessed is being operated
594 or about to be operated by an employee of the recovery agency.
595 Section 8. For the purpose of incorporating the amendment
596 made by this act to section 330.27, Florida Statutes, in a
597 reference thereto, paragraph (c) of subsection (1) of section
598 493.6403, Florida Statutes, is reenacted to read:
599 493.6403 License requirements.—
600 (1) In addition to the license requirements set forth in
601 this chapter, each individual or agency shall comply with the
602 following additional requirements:
603 (c) An applicant for a Class “E” license shall have at
604 least 1 year of lawfully gained, verifiable, full-time
605 experience in one, or a combination of more than one, of the
606 following:
607 1. Repossession of motor vehicles as defined in s.
608 320.01(1), mobile homes as defined in s. 320.01(2), motorboats
609 as defined in s. 327.02, aircraft as defined in s. 330.27(1),
610 personal watercraft as defined in s. 327.02, all-terrain
611 vehicles as defined in s. 316.2074, farm equipment as defined
612 under s. 686.402, or industrial equipment as defined in s.
613 493.6101(22).
614 2. Work as a Class “EE” licensed intern.
615 Section 9. This act shall take effect July 1, 2024.
