Bill Text: FL S0544 | 2019 | Regular Session | Introduced


Bill Title: Airports

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-05-03 - Died in Infrastructure and Security [S0544 Detail]

Download: Florida-2019-S0544-Introduced.html
       Florida Senate - 2019                                     SB 544
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00448A-19                                           2019544__
    1                        A bill to be entitled                      
    2         An act relating to airports; amending s. 212.08, F.S.;
    3         revising the exemptions of people-mover systems and
    4         parts from certain taxes; conforming a cross
    5         reference; amending s. 332.004, F.S.; revising and
    6         defining terms; amending s. 332.006, F.S.; requiring
    7         the Department of Transportation to provide financial
    8         and technical assistance to sponsors that operate
    9         public-use airports by making department personnel and
   10         department-owned facilities and equipment available on
   11         a cost-reimbursement basis to such sponsors for
   12         special needs of limited duration; amending s.
   13         332.007, F.S.; requiring federal funding of individual
   14         local public-use airport projects to be wholly between
   15         the airport sponsors and the appropriate federal
   16         agencies; authorizing the department to receive
   17         federal grants for both local and statewide public-use
   18         airport projects when no sponsor is available;
   19         requiring the department to prepare and continuously
   20         update an aviation and airport work program based on a
   21         collection of projects proposed by sponsors to be
   22         included in a certain work program of the department;
   23         requiring the department to provide priority funding
   24         in support of the planning, design, and construction
   25         of proposed projects by sponsors, with special
   26         emphasis on certain projects on public-use airport
   27         property; authorizing the department to participate in
   28         the capital cost of eligible public-use airport and
   29         aviation development projects in accordance with
   30         specified rates, under certain circumstances; revising
   31         the requirements of such rates; authorizing the
   32         department to participate in the capital cost of
   33         eligible public-use airport and aviation discretionary
   34         capacity improvement projects; revising the conditions
   35         under which the department provides priority funding;
   36         prohibiting a single public-use airport from securing
   37         discretionary capacity improvement project funds in
   38         excess of a specified percentage; authorizing the
   39         department to initially fund up to a specified
   40         percentage of the cost of land acquisition for a new
   41         public-use airport or for the expansion of an existing
   42         public-use airport that is owned and operated by a
   43         municipality, a county, an authority, or a sponsor;
   44         authorizing the department to fund eligible projects
   45         performed by not-for-profit organizations that
   46         represent a majority of public-use airports in this
   47         state; revising the requirements of such eligible
   48         projects; amending s. 332.06, F.S.; authorizing the
   49         cost of investigation, surveying, planning, acquiring,
   50         establishing, constructing, enlarging, or improving or
   51         equipping public-use airports to be paid for by
   52         appropriation or from the proceeds of municipal bonds;
   53         amending s. 332.07, F.S.; authorizing governing bodies
   54         that have the power to appropriate moneys within the
   55         municipalities in this state which are acquiring,
   56         establishing, constructing, enlarging, improving,
   57         maintaining, equipping, or operating public-use
   58         airports to appropriate and raise moneys in such
   59         municipalities sufficient to administer specified
   60         provisions; amending s. 332.08, F.S.; authorizing
   61         additional powers to a municipality that has
   62         established or may establish public-use airports,
   63         instead of airports, or that has acquired, set apart,
   64         or may acquire or set apart real property for such
   65         purpose; revising the name of the Federal Aviation
   66         Administration’s Airport Privatization Pilot Program
   67         to the Federal Aviation Administration’s Airport
   68         Investment Partnership Program; amending s. 332.09,
   69         F.S.; authorizing a municipality or a sponsor to
   70         accept federal and other moneys for the acquisition,
   71         construction, enlargement, improvement, maintenance,
   72         equipment, or operation of public-use airports and
   73         other air navigation facilities and to comply with
   74         certain laws, rules, and regulations for the
   75         expenditure of federal moneys; amending ss. 196.012
   76         and 334.27, F.S.; conforming cross-references;
   77         providing an effective date.
   78          
   79  Be It Enacted by the Legislature of the State of Florida:
   80  
   81         Section 1. Paragraph (zz) of subsection (7) of section
   82  212.08, Florida Statutes, is amended to read:
   83         212.08 Sales, rental, use, consumption, distribution, and
   84  storage tax; specified exemptions.—The sale at retail, the
   85  rental, the use, the consumption, the distribution, and the
   86  storage to be used or consumed in this state of the following
   87  are hereby specifically exempt from the tax imposed by this
   88  chapter.
   89         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
   90  entity by this chapter do not inure to any transaction that is
   91  otherwise taxable under this chapter when payment is made by a
   92  representative or employee of the entity by any means,
   93  including, but not limited to, cash, check, or credit card, even
   94  when that representative or employee is subsequently reimbursed
   95  by the entity. In addition, exemptions provided to any entity by
   96  this subsection do not inure to any transaction that is
   97  otherwise taxable under this chapter unless the entity has
   98  obtained a sales tax exemption certificate from the department
   99  or the entity obtains or provides other documentation as
  100  required by the department. Eligible purchases or leases made
  101  with such a certificate must be in strict compliance with this
  102  subsection and departmental rules, and any person who makes an
  103  exempt purchase with a certificate that is not in strict
  104  compliance with this subsection and the rules is liable for and
  105  shall pay the tax. The department may adopt rules to administer
  106  this subsection.
  107         (zz) People-mover systems.—People-mover systems, and parts
  108  thereof, which are purchased or manufactured by contractors
  109  employed either directly by or as agents for the United States
  110  Government, the state, a county, a municipality, a political
  111  subdivision of the state, or the sponsor public operator of a
  112  public-use airport as defined in s. 332.004(15) by s.
  113  332.004(14) are exempt from the tax imposed by this chapter when
  114  the systems or parts go into or become part of the airport
  115  publicly owned facilities. In the case of contractors who
  116  manufacture and install such systems and parts, this exemption
  117  extends to the purchase of component parts and all other
  118  manufacturing and fabrication costs. The department may provide
  119  a form to be used by contractors to provide to suppliers of
  120  people-mover systems or parts to certify the contractors’
  121  eligibility for the exemption provided under this paragraph. As
  122  used in this paragraph, “people-mover systems” includes wheeled
  123  passenger vehicles and related control and power distribution
  124  systems that are part of a transportation system for use by the
  125  general public, regardless of whether such vehicles are
  126  operator-controlled or driverless, self-propelled or propelled
  127  by external power and control systems, or conducted on roads,
  128  rails, guidebeams, or other permanent structures that are an
  129  integral part of such transportation system. “Related control
  130  and power distribution systems” includes any electrical or
  131  electronic control or signaling equipment, but does not include
  132  the embedded wiring, conduits, or cabling used to transmit
  133  electrical or electronic signals among such control equipment,
  134  power distribution equipment, signaling equipment, and wheeled
  135  vehicles.
  136         Section 2. Present subsections (12) through (15) of section
  137  332.004, Florida Statutes, are redesignated as subsections (13)
  138  through (16), respectively, subsection (4) and present
  139  subsections (14) and (15) of that section are amended, and a new
  140  subsection (12) is added to that section, to read:
  141         332.004 Definitions of terms used in ss. 332.003-332.007.
  142  As used in ss. 332.003-332.007, the term:
  143         (4) “Airport or aviation development project” or
  144  “development project” means any activity associated with the
  145  design, construction, purchase, improvement, or repair of a
  146  public-use airport or a portion thereof, including, but not
  147  limited to: the purchase of equipment; the acquisition of land,
  148  including land required as a condition of a federal, state, or
  149  local permit or agreement for environmental mitigation; off
  150  airport noise mitigation projects; the removal, lowering,
  151  relocation, marking, and lighting of airport hazards; the
  152  installation of navigation aids used by aircraft in landing at
  153  or taking off from an a public airport; the installation of
  154  safety equipment required by rule or regulation for
  155  certification of the airport under s. 612 of the Federal
  156  Aviation Act of 1958, and amendments thereto; and the
  157  improvement of access to the airport by road or rail system
  158  which is on airport property and which is consistent, to the
  159  maximum extent feasible, with the approved local government
  160  comprehensive plan of the units of local government in which the
  161  airport is located.
  162         (12) “Privatized airport” means any privately owned airport
  163  participating in the Federal Aviation Administration’s Airport
  164  Investment Partnership Program pursuant to 49 U.S.C. s. 47134,
  165  as provided in s. 332.08(3).
  166         (15)(14) “Public-use airport” means any publicly owned
  167  airport that which is used or to be used for public purposes, or
  168  a privatized airport that is open to the public.
  169         (16)(15) “Sponsor” means any eligible agency or private
  170  owner of a privatized airport that which, either individually or
  171  jointly with one or more eligible agencies or private owners,
  172  submits to the department an application for financial
  173  assistance for an airport development project in accordance with
  174  this act.
  175         Section 3. Subsection (4) of section 332.006, Florida
  176  Statutes, is amended to read:
  177         332.006 Duties and responsibilities of the Department of
  178  Transportation.—The Department of Transportation shall, within
  179  the resources provided pursuant to chapter 216:
  180         (4) Upon request, provide financial and technical
  181  assistance to sponsors that public agencies which operate
  182  public-use airports by making department personnel and
  183  department-owned facilities and equipment available on a cost
  184  reimbursement basis to such sponsors agencies for special needs
  185  of limited duration. The requirement relating to reimbursement
  186  of personnel costs may be waived by the department in those
  187  cases in which the assistance provided by its personnel was of a
  188  limited nature or duration.
  189         Section 4. Subsection (1), paragraph (a) of subsection (2),
  190  paragraph (a) of subsection (4), and subsections (6) through (8)
  191  of section 332.007, Florida Statutes, are amended to read:
  192         332.007 Administration and financing of aviation and
  193  airport programs and projects; state plan.—
  194         (1) Federal funding of individual local public-use airport
  195  projects must shall continue to be wholly between the local
  196  airport sponsors and the appropriate federal agencies; however,
  197  the Department of Transportation is authorized to receive
  198  federal grants for both local and statewide public-use airport
  199  projects when no local sponsor is available.
  200         (2)(a) The Department of Transportation shall prepare and
  201  continuously update an aviation and airport work program in
  202  accordance with subsections (6) and (7) based on a collection of
  203  the local sponsors’ proposed projects to be included in the work
  204  program of the department developed pursuant to s. 339.135. The
  205  airport work program must shall separately identify development
  206  projects and discretionary capacity improvement projects.
  207         (4)(a) The annual legislative budget request for aviation
  208  and airport development projects must shall be based on the
  209  funding required for development projects in the aviation and
  210  airport work program. The department shall provide priority
  211  funding in support of the planning, design, and construction of
  212  proposed projects by local sponsors, with special emphasis on
  213  projects for runways and taxiways, including the painting and
  214  marking of runways and taxiways, lighting, other related airside
  215  activities, and airport access transportation facility projects
  216  on public-use airport property.
  217         (6) Subject to the availability of appropriated funds, the
  218  department may participate in the capital cost of eligible
  219  public-use public airport and aviation development projects in
  220  accordance with the following rates, unless otherwise provided
  221  in the General Appropriations Act or the substantive bill
  222  implementing the General Appropriations Act:
  223         (a) The department may fund up to 50 percent of the portion
  224  of eligible project costs which is are not funded by the Federal
  225  Government, except that the department may initially fund up to
  226  75 percent of the cost of land acquisition for a new public-use
  227  airport or for the expansion of an existing public-use airport
  228  that which is owned and operated by a municipality, a county, or
  229  an authority, or a sponsor, and must shall be reimbursed to the
  230  normal statutory project share when federal funds become
  231  available or within 10 years after the date of acquisition,
  232  whichever is earlier. Due to federal budgeting constraints, the
  233  department may also initially fund the federal portion of
  234  eligible project costs subject to:
  235         1. The department receiving adequate assurance from the
  236  Federal Government or local sponsor that this amount will be
  237  reimbursed to the department; and
  238         2. The department having adequate funds in the work program
  239  to fund the project.
  240  
  241  Such projects must be contained in the Federal Government’s
  242  Airport Capital Improvement Program, and the Federal Government
  243  must fund, or have funded, the first year of the project.
  244         (b) The department may retroactively reimburse cities,
  245  counties, or airport authorities, or sponsors, up to 50 percent
  246  of the nonfederal share for land acquisition when such land is
  247  needed for public-use airport safety, expansion, tall structure
  248  control, clear zone protection, or noise impact reduction. No
  249  Land purchased prior to July 1, 1990, or purchased prior to
  250  executing the required department agreements is not shall be
  251  eligible for reimbursement.
  252         (c) When federal funds are not available, the department
  253  may fund up to 80 percent of master planning and eligible
  254  aviation development projects at public-use publicly owned,
  255  publicly operated airports. If federal funds are available, the
  256  department may fund up to 80 percent of the nonfederal share of
  257  such projects. Such funding is limited to public-use airports
  258  that do not have any no scheduled commercial service.
  259         (d) The department is authorized to fund up to 100 percent
  260  of the cost of an eligible project that is statewide in scope or
  261  that involves more than one county where no other governmental
  262  entity or appropriate jurisdiction exists.
  263         (7) Subject to the availability of appropriated funds in
  264  addition to aviation fuel tax revenues, the department may
  265  participate in the capital cost of eligible public-use public
  266  airport and aviation discretionary capacity improvement
  267  projects. The annual legislative budget request must shall be
  268  based on the funding required for discretionary capacity
  269  improvement projects in the aviation and airport work program.
  270         (a) The department shall provide priority funding in
  271  support of:
  272         1. Land acquisition that which provides additional capacity
  273  at the qualifying international public-use airport or at that
  274  airport’s supplemental air carrier public-use airport.
  275         2. Runway and taxiway projects that add capacity or are
  276  necessary to accommodate technological changes in the aviation
  277  industry.
  278         3. Public-use airport access transportation projects that
  279  improve direct airport access and are approved by the airport
  280  sponsor.
  281         4. International terminal projects that increase
  282  international gate capacity.
  283         (b) A No single public-use airport may not shall secure
  284  discretionary capacity improvement project funds in excess of 50
  285  percent of the total discretionary capacity improvement project
  286  funds available in any given budget year.
  287         (c) Unless prohibited by the General Appropriations Act or
  288  by law, the department may transfer funds within each category
  289  of the airport and aviation discretionary capacity improvement
  290  program to maximize the aviation services or federal aid
  291  available to this state.
  292         (d) The department may fund up to 50 percent of the portion
  293  of eligible project costs which is are not funded by the Federal
  294  Government except that the department may initially fund up to
  295  75 percent of the cost of land acquisition for a new public-use
  296  airport or for the expansion of an existing public-use airport
  297  that which is owned and operated by a municipality, a county, or
  298  an authority, or a sponsor, and must shall be reimbursed to the
  299  normal statutory project share when federal funds become
  300  available or within 10 years after the date of acquisition,
  301  whichever is earlier.
  302         (8) The department may also fund eligible projects
  303  performed by not-for-profit organizations that represent a
  304  majority of public-use public airports in this state. Eligible
  305  projects may include activities associated with aviation master
  306  planning, professional education, safety and security planning,
  307  enhancing economic development and efficiency at public-use
  308  airports in this state, or other planning efforts to improve the
  309  viability of public-use airports in this state.
  310         Section 5. Subsection (1) of section 332.06, Florida
  311  Statutes, is amended to read:
  312         332.06 Preliminary costs and expenses.—
  313         (1) The cost of investigation, surveying, planning,
  314  acquiring, establishing, constructing, enlarging, or improving
  315  or equipping public-use airports and other air navigation
  316  facilities, and the sites therefor, including structures and
  317  other property incidental to their operation, in accordance with
  318  the provisions of ss. 332.01-332.12, may be paid for by
  319  appropriation of moneys available therefor, or wholly or partly
  320  from the proceeds of bonds of the municipality, as determined by
  321  the governing body of the municipality shall determine.
  322         Section 6. Section 332.07, Florida Statutes, is amended to
  323  read:
  324         332.07 Appropriations.— The governing bodies having power
  325  to appropriate moneys within the municipalities in this state
  326  acquiring, establishing, constructing, enlarging, improving,
  327  maintaining, equipping, or operating public-use airports and
  328  other air navigation facilities under the provisions of ss.
  329  332.01-332.12 are hereby authorized to appropriate and cause to
  330  be raised by taxation or otherwise in such municipalities moneys
  331  sufficient to administer carry out therein the provisions of ss.
  332  332.01-332.12.
  333         Section 7. Subsections (1) and (3) of section 332.08,
  334  Florida Statutes, are amended to read:
  335         332.08 Additional Powers.—
  336         (1) In addition to the general powers in ss. 332.01-332.12
  337  conferred and without limitation thereof, a municipality that
  338  has established or may hereafter establish public-use airports,
  339  restricted landing areas, or other air navigation facilities, or
  340  that has acquired or set apart or may hereafter acquire or set
  341  apart real property for such purposes, is authorized:
  342         (a) To vest authority for the construction, enlargement,
  343  improvement, maintenance, equipment, operation, and regulation
  344  thereof in an officer, a board or body of such municipality by
  345  ordinance or resolution which shall prescribe the powers and
  346  duties of such officer, board or body. The expense of such
  347  construction, enlargement, improvement, maintenance, equipment,
  348  operation, and regulation shall be a responsibility of the
  349  municipality.
  350         (b) To adopt and amend all needful rules, regulations, and
  351  ordinances for the management, government, and use of any
  352  properties under its control, whether within or without the
  353  territorial limits of the municipality; to appoint airport
  354  guards or police, with full police powers; to fix by ordinance
  355  or resolution, as may be appropriate, penalties for the
  356  violation of such rules, regulations, and ordinances, and
  357  enforce such penalties in the same manner in which penalties
  358  prescribed by other rules, regulations, and ordinances of the
  359  municipality are enforced.
  360         (c) To lease for a term not exceeding 50 years such public
  361  use airports or other air navigation facilities, or real
  362  property acquired or set apart for public-use airport purposes,
  363  to private parties, any municipal or state government or the
  364  national government, or any department of either thereof, for
  365  operation; to lease or assign for a term not exceeding 50 years
  366  to private parties, any municipal or state government or the
  367  national government, or any department of either thereof, for
  368  operation or use consistent with the purposes of ss. 332.01
  369  332.12, space, area, improvements, or equipment on such public
  370  use airports; to sell any part of such public-use airports,
  371  other air navigation facilities, or real property to private
  372  parties, any municipal or state government, or the United States
  373  or any department or instrumentality thereof, for aeronautical
  374  purposes or purposes incidental thereto, and to confer the
  375  privileges of concessions of supplying upon its airports goods,
  376  commodities, things, services, and facilities; provided, that in
  377  each case in so doing the public is not deprived of its rightful
  378  equal and uniform use thereof.
  379         (d) To sell or lease any property, real or personal,
  380  acquired for airport purposes and belonging to the municipality,
  381  which, in the judgment of its governing body, may not be
  382  required for aeronautic purposes, in accordance with the laws of
  383  this state, or the provisions of the charter of the
  384  municipality, governing the sale or leasing of similar
  385  municipally owned property.
  386         (e) To exercise all powers necessarily incidental to the
  387  exercise of the general and special powers herein granted, and
  388  is specifically authorized to assess and shall assess against
  389  and collect from the owner or operator of each and every
  390  airplane using such airports a sufficient fee or service charge
  391  to cover the cost of the service furnished airplanes using such
  392  airports, including the liquidation of bonds or other
  393  indebtedness for construction and improvements.
  394         (3) Notwithstanding any other provision of this section, a
  395  municipality participating in the Federal Aviation
  396  Administration’s Airport Investment Partnership Privatization
  397  Pilot Program pursuant to 49 U.S.C. s. 47134 may lease or sell
  398  an airport or other air navigation facility or real property,
  399  together with improvements and equipment, acquired or set apart
  400  for airport purposes to a private party under such terms and
  401  conditions as negotiated by the municipality. If state funds
  402  were provided to the municipality pursuant to s. 332.007, the
  403  municipality must obtain approval of the agreement from the
  404  Department of Transportation, which is authorized to approve the
  405  agreement if it determines that the state’s investment has been
  406  adequately considered and protected consistent with the
  407  applicable conditions specified in 49 U.S.C. s. 47134.
  408         Section 8. Section 332.09, Florida Statutes, is amended to
  409  read:
  410         332.09 Federal funds and aid.— A municipality or sponsor is
  411  authorized to accept, receive, and issue receipts receipt for
  412  federal moneys, and other moneys, either public or private, for
  413  the acquisition, construction, enlargement, improvement,
  414  maintenance, equipment, or operation of public-use airports and
  415  other air navigation facilities, and sites for such airports and
  416  facilities therefor, and to comply with the provisions of the
  417  laws of the United States and any rules and regulations made
  418  thereunder relating to for the expenditure of federal moneys
  419  upon such public-use airports and other air navigation
  420  facilities.
  421         Section 9. Subsection (6) of section 196.012, Florida
  422  Statutes, is amended to read:
  423         196.012 Definitions.—For the purpose of this chapter, the
  424  following terms are defined as follows, except where the context
  425  clearly indicates otherwise:
  426         (6) Governmental, municipal, or public purpose or function
  427  is shall be deemed to be served or performed when the lessee
  428  under any leasehold interest created in property of the United
  429  States, the state or any of its political subdivisions, or any
  430  municipality, agency, special district, authority, or other
  431  public body corporate of the state is demonstrated to perform a
  432  function or serve a governmental purpose that which could
  433  properly be performed or served by an appropriate governmental
  434  unit or that which is demonstrated to perform a function or
  435  serve a purpose that which would otherwise be a valid subject
  436  for the allocation of public funds. Such For purposes of the
  437  preceding sentence, an activity undertaken by a lessee which is
  438  permitted under the terms of its lease of real property
  439  designated as an aviation area on an airport layout plan which
  440  has been approved by the Federal Aviation Administration and
  441  which real property is used for the administration, operation,
  442  and business offices, and activities related specifically
  443  related to those functions, thereto in connection with the
  444  conduct of an aircraft full service fixed base operation that
  445  which provides goods and services to the general aviation public
  446  in the promotion of air commerce is shall be deemed an activity
  447  that which serves a governmental, municipal, or public purpose
  448  or function. Any activity undertaken by a lessee which is
  449  permitted under the terms of its lease of real property
  450  designated as a public-use airport public airport as defined in
  451  s. 332.004(15) s. 332.004(14) by municipalities, agencies,
  452  special districts, authorities, or other public bodies corporate
  453  and public bodies politic of the state, a spaceport as defined
  454  in s. 331.303, or which is located in a deepwater port
  455  identified in s. 403.021(9)(b) and owned by one of the foregoing
  456  governmental units, subject to a leasehold or other possessory
  457  interest of a nongovernmental lessee that is deemed to perform
  458  an aviation, airport, aerospace, maritime, or port purpose or
  459  operation shall be deemed an activity that serves a
  460  governmental, municipal, or public purpose. The use by a lessee,
  461  licensee, or management company of real property or a portion
  462  thereof as a convention center, visitor center, sports facility
  463  with permanent seating, concert hall, arena, stadium, park, or
  464  beach is deemed a use that serves a governmental, municipal, or
  465  public purpose or function when access to the property is open
  466  to the general public with or without a charge for admission. If
  467  property deeded to a municipality by the United States is
  468  subject to a requirement that the Federal Government, through a
  469  schedule established by the Secretary of the Interior, determine
  470  that the property is being maintained for public historic
  471  preservation, park, or recreational purposes and if those
  472  conditions are not met the property will revert back to the
  473  Federal Government, then such property shall be deemed to serve
  474  a municipal or public purpose. The term “governmental purpose”
  475  also includes a direct use of property on federal lands in
  476  connection with the Federal Government’s Space Exploration
  477  Program or spaceport activities as defined in s. 212.02(22).
  478  Real property and tangible personal property owned by the
  479  Federal Government or Space Florida and used for defense and
  480  space exploration purposes or which is put to a use in support
  481  thereof shall be deemed to perform an essential national
  482  governmental purpose and shall be exempt. “Owned by the lessee”
  483  as used in this chapter does not include personal property,
  484  buildings, or other real property improvements used for the
  485  administration, operation, business offices and activities
  486  related specifically thereto in connection with the conduct of
  487  an aircraft full service fixed based operation which provides
  488  goods and services to the general aviation public in the
  489  promotion of air commerce provided that the real property is
  490  designated as an aviation area on an airport layout plan
  491  approved by the Federal Aviation Administration. For purposes of
  492  determination of “ownership,” buildings and other real property
  493  improvements which will revert to the airport authority or other
  494  governmental unit upon expiration of the term of the lease shall
  495  be deemed “owned” by the governmental unit and not the lessee.
  496  Providing two-way telecommunications services to the public for
  497  hire by the use of a telecommunications facility, as defined in
  498  s. 364.02(14), and for which a certificate is required under
  499  chapter 364 does not constitute an exempt use for purposes of s.
  500  196.199, unless the telecommunications services are provided by
  501  the operator of a public-use airport, as defined in s. 332.004,
  502  for the operator’s provision of telecommunications services for
  503  the airport or its tenants, concessionaires, or licensees, or
  504  unless the telecommunications services are provided by a public
  505  hospital.
  506         Section 10. Subsection (1) of section 334.27, Florida
  507  Statutes, is amended to read:
  508         334.27 Governmental transportation entities; property
  509  acquired for transportation purposes; limitation on soil or
  510  groundwater contamination liability.—
  511         (1) For the purposes of this section, the term
  512  “governmental transportation entity” means the department; an
  513  authority created pursuant to chapter 343, chapter 348, or
  514  chapter 349; a public-use airport airports as defined in s.
  515  332.004(15) s. 332.004(14); a port enumerated in s. 311.09(1); a
  516  county; or a municipality.
  517         Section 11. This act shall take effect July 1, 2019.

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