News from the Florida Department of Transportation Aviation and Spaceports Office Florida Flyer www.dot.state.fl.us/aviation Fall 2015 INSIDE 3 Zoning Requirements Revisited Greg Jones discusses airport zoning requirements noted in Chapter 333 of the Florida Courtesy of Space Coast Regional Airport Statutes Aircraft Rescue and Firefighting truck at Space Coast Regional Airport. 6 Space Coast 2015 Florida Aviation Awards Regional Airport Brian Blanchard and Andy by Michael D. Powell, C.M., ACE Keith announced the winners at the Florida Airports pace Coast Regional Airport (TIX) Two runways Council Conference Sis located five miles south of Titus- Space Coast Regional Airport has ville on Florida’s Space Coast. The air- two intersecting runways. The primary port is a corporate and charter aviation runway, 18/36, is 7,320 feet long and 150 facility offering turbo-engine mainte- feet wide, and is presently marked with 8 nance and repair, aircraft sales, and two a displaced threshold of 319 feet. This full-service FBOs. Space Coast Region- runway can accommodate small general Shuttle Landing al Airport is the closest airport to Ken- aviation, business/corporate, and com- Facility Turned Over nedy Space Center, and it has easy ac- mercial service aircraft. The airport has cess to I-95, the Beachline (528), U.S. 1, an instrument landing system (ILS) lo- to Space Florida and the beaches of Cape Canaveral and calizer approach to Runway 36. The sec- Cocoa Beach. The facility will be used ondary runway, 09/27, is 5,000 feet long Space Coast Regional Airport is and 100 feet wide and can accommo- as a testing ground for new owned and managed by the Titusville- date both single-wheel and dual-wheel technologies and companies Cocoa Airport Authority, and it serves general aviation aircraft. Currently, six Titusville, Cocoa, and the Space Coast in Brevard County. See Space Coast, page 4 MANAGER’S CORNER The 2015/2016 Florida Department of Transportation budget was signed into law by Governor Scott on Tuesday, June 23, 2015. The budget, totaling $10 billion, includes a $9.1 billion work program and funds a variety of projects, including space- port infrastructure and highway beautification. Of the more than $9 billion in the work program, the aviation program received a budget of $365 million, including ap- proximately $30 million for spaceport development. The appropriations again reflect a significant state investment in Florida’s robust and ever-evolving system of aviation and aerospace transportation infrastructure. Aaron N. Smith State Aviation Manager There were five special appropriations included in the Aviation Development Appropriation Bill passed by the Senate. Four airport specific appropriations were vetoed. The fifth special appropriation was $10 million for Space Florida. The net result was, more or less, a break even. “The appropriations To put the Fiscal Year 2016 aviation budget in perspective, here are the totals for again reflect a Fiscal Year 2011 to Fiscal Year 2015: significant state FY2011 FY2012 FY2013 FY2014 FY2015 investment in $120M $184M $174M $180M $320M Florida’s robust The increase in aviation program funding in Fiscal Year 2015 resulted from state and ever-evolving investment in both Orlando International Airport and Tampa International Airport capacity improvement projects, which continue with the current budget. Fort Lauder- system of aviation dale–Hollywood International Airport’s new parallel runway was a significant ac- complishment and required significant investment, receiving well over $100 million and aerospace over multiple fiscal years. transportation Fact: The Florida Department of Transportation is the only state agency that oper- ates on a “cash flow” basis; that is, for most transportation projects in Florida, the De- infrastructure.” partment begins design and construction before the total amount of cash is available to fund the project. The Department anticipates that future revenues will be available to finance current projects. The Department is not required to have funds “on hand” to cover all existing contractual obligations, and it may let contracts against revenue it expects to receive in the future. In order to manage the Department’s available cash in the future, the Department is required by law to forecast its future expenditures, obligations, and revenue. Please note that the July 1 aviation adopted work program snapshots are posted at www.dot.state.fl.us/aviation/workProgram.shtm. FLORIDA FLYER 2 Fall 2015 Zoning Requirements Revisited by Greg Jones s the new Airspace and Land Use for emphasis. zoning regulations in compliance with AManager for the Florida Depart- In F.S. 333.02(1), the legislature de- F.S. 333.03 and such regulations are not ment of Transportation (FDOT), I have clares in strongly worded language that on file with the FDOT, then the FDOT had the opportunity to participate in the “an airport hazard endangers the lives has height zoning authorization for the review and drafting of proposed revi- and property of users of the airport and proposed construction. sions to Florida Statute (F.S.) 333, Air- of occupants of land in its vicinity . port Zoning. As you may know, this was are public nuisances and . in the in- Details from F.S. 333.03 a collaborative effort with many dif- terest of the public health, public safety, F.S. 333.03 addresses the require- ferent stakeholders. Unfortunately, the and general welfare . be prevented ment of political subdivisions to adopt, bill providing for revision of the statute . to the extent legally possible, by the administer, and enforce adequate air- failed to pass prior to final adjournment exercise of the police power, without port zoning regulations: of the legislature. It is anticipated that compensation.” F.S. 333.03(1)(a) provides that every a revised bill will be resubmitted to the political subdivision having an airport 2016 Legislature. As a result, we are still Important requirements hazard area within its territorial limits working with the existing statute. To accomplish this vital goal, the shall by 1977, adopt, administer, and legislature provides in F.S. 333 the fol- enforce, under the police power and in Provisions to note lowing requirements: the manner and upon the conditions pre- The effort to revise the statute F.S. 333.025(1): To prevent the scribed in F.S. 333.03 for such airport brought to light several provisions of erection of structures dangerous to air hazard area. the statute which airport owners and navigation . each person shall secure F.S. 333.03(b) addresses the situa- zoning authorities should take note of from the Department of Transportation tion where the airport is owned or con- and ensure compliance with the statute. a permit for the erection, alteration, or trolled by a political subdivision and the Although the proposed revised statute modification of any structure . which airport hazard area is within the terri- provides for clarification and consolida- would exceed the federal obstruction torial limits of a different political sub- tion of certain permitting provisions, the standards as contained in 14 C.F.R. ss. division: In such case the two political permitting requirements will essentially 77.21, 77.23, 77.25, 77.28, and 77.29. subdivisions shall either: remain the same but in many instances However, there are exemptions to 1. “By interlocal agreement . require more complete compliance. this requirement: adopt, administer, and enforce airport This is of significance to the obligation F.S. 333.025(1): However, permits zoning regulations applicable to the air- of political subdivisions to “adopt, ad- from the Department of Transportation port hazard area in question; or” minister, and enforce . airport zoning will be required only within an airport 2. “By ordinance or resolution duly regulations for such airport hazard area hazard area where federal standards are adopted, create a joint airport zoning [any area of land or water upon which an exceeded and if the proposed construc- board, which board shall have the same airport hazard might be established].” tion is within a 10 nautical-mile radius power to adopt, administer, and enforce “Airport hazard” means any structure of the geographical center of a publicly airport zoning regulations applicable to or tree or use of land which exceeds the owned or operated airport, a military the airport hazard area in question.” federal obstruction standards contained airport, or an airport licensed by the F.S. 333.03(c) then specifies what in 14 C.F.R, Part 77, Subpart C, Stan- state for public use. the airport zoning regulations should dards for Determining Obstructions to F.S. 333.025(4): When political require as a minimum. Air Navigation or Navigational Aids or subdivisions have adopted adequate For those not familiar with F.S. 333, Facilities, sections 77.21, 77.23, 77.25, airspace protection in compliance with it includes sections regarding the pro- 77.28, and 77.29, which creates a hazard F.S. 333.03 and such regulations are on cedure for adoption of zoning regula- to air navigation. file with the Department of Transporta- tions, airport zoning requirements, In 2011, the Federal Aviation Ad- tion, a permit for such structures shall procedures for permits and variances, ministration (FAA) amended Part 77, not be required from the Department of appeals, administration of airport zon- Subpart C, renumbering and rewording Transportation. ing regulations, boards of adjustment, the paragraphs but essentially retain- Considering the requirements judicial review, acquisition of air rights, ing the same standards. The existing above, it could be argued by an appli- and enforcement and remedies. F.S. 333 references the pre-2011 Part 77, cant that if the proposed construction It should be noted that F.S. 333.13 Subpart C numbering and wording. The exceeds federal obstruction standards provides that every violation of this proposed revision to F.S.