Senate Bill sb2152

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    Florida Senate - 2003                                  SB 2152

    By Senators Clary, Peaden and Fasano





    4-397A-03                                           See HB 661

  1                      A bill to be entitled

  2         An act relating to military readiness; creating

  3         s. 163.3175, F.S.; providing legislative

  4         findings relating to the compatibility of

  5         development with military installations;

  6         providing for an exchange of information

  7         between certain local governments and military

  8         bases or installations; requiring the local

  9         government to consider the comments of the

10         commanding officer of a military base or

11         installation relating to potential adverse

12         effects on the base or installation which may

13         result from rezonings or changes in land use;

14         amending s. 163.3177, F.S.; providing that an

15         element relating to military readiness is a

16         mandatory element of the comprehensive plans

17         for certain local governments; requiring the

18         local governments to seek advice from

19         individuals who may be affected by this

20         element; providing factors that must be

21         considered in connection with this element;

22         amending s. 163.3187, F.S.; exempting from

23         certain restrictions on the adoption of

24         amendments to comprehensive plans an amendment

25         relating to military readiness; providing an

26         effective date.

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

30         Section 1.  Section 163.3175, Florida Statutes, is

31  created to read:

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    Florida Senate - 2003                                  SB 2152
    4-397A-03                                           See HB 661




 1         163.3175  Legislative findings on compatibility of

 2  development with military bases and installations; exchange of

 3  information between local governments and military bases and

 4  installations.--

 5         (1)  The Legislature finds that incompatible

 6  residential and commercial development of land close to

 7  military bases or military installations can adversely affect

 8  the ability of such a base or installation to carry out its

 9  mission. The Legislature further finds that such development

10  also threatens the public safety because of the possibility of

11  accidents occurring within the areas surrounding a military

12  base or military installation. In addition, the economic

13  health of a community is affected if military operations and

14  missions must relocate because of urban encroachment.

15  Therefore, the Legislature finds it desirable for the local

16  governments in this state to cooperate with military bases and

17  installations to encourage compatible land use, help prevent

18  encroachment, and facilitate the continued presence of major

19  military bases and installations in this state.

20         (2)  In any county that has a military base or

21  installation located within its boundaries, each local

22  government, including the county government, must transmit to

23  the commanding officer of the military base or installation

24  information regarding proposed changes in land use or proposed

25  rezonings that would, if approved, affect the density or use

26  of the property that is the subject of the application. The

27  commanding officer or his or her designee may submit to the

28  local government written comments regarding any adverse

29  effects that the proposed changes or rezonings may have on

30  military bases or installations, operating areas, or ranges,

31  including, but not limited to, the commanding officer's

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    Florida Senate - 2003                                  SB 2152
    4-397A-03                                           See HB 661




 1  opinion as to whether those proposed changes will violate the

 2  safety and noise standards contained in the Air Installation

 3  Compatible Use Zone (AICUZ) prepared for a military airfield

 4  or whether the changes are incompatible with the Installation

 5  Environmental Noise Management Program (IENMP) of the United

 6  States Army. The commanding officer is encouraged to include

 7  information about any community planning assistance grants

 8  that might be available to the local government through the

 9  federal Office of Economic Adjustment, as an incentive for

10  communities to participate in a joint planning process that

11  would facilitate the compatibility of community planning and

12  activities vital to the national defense. The local government

13  shall take the comments of the commanding officer or his or

14  her designee into consideration when rezoning or making

15  changes in land use.

16         Section 2.  Paragraph (l) is added to subsection (6) of

17  section 163.3177, Florida Statutes, to read:

18         163.3177  Required and optional elements of

19  comprehensive plan; studies and surveys.--

20         (6)  In addition to the requirements of subsections

21  (1)-(5), the comprehensive plan shall include the following

22  elements:

23         (l)  For each unit of local government within a county

24  that has a military base or military installation within its

25  boundaries, a military readiness element. In preparing to

26  adopt this element, the local government must seek advice from

27  residents of the county and others who are likely to be

28  affected by the provisions therein, including, but not limited

29  to, builders and developers, conservation groups,

30  representatives of the armed services, and neighborhood

31  groups.

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    Florida Senate - 2003                                  SB 2152
    4-397A-03                                           See HB 661




 1         1.  The military readiness element must take into

 2  consideration how the public health, safety, and welfare is

 3  likely to be affected by the proximity of residential areas to

 4  military bases or installations, operating areas, and ranges

 5  and must make reasonable provision for preserving open space

 6  and compatible land uses near a military base or installation.

 7         2.  The military readiness element must also take into

 8  consideration the findings of the Department of Defense Joint

 9  Land Use Study Program, which promotes incorporating the

10  findings of the Air Installation Compatible Use Zone (AICUZ)

11  and of the Installation Environmental Noise Management Program

12  (IENMP, which was formerly the Installation Compatible Use

13  Zone, or ICUZ, program).

14         3.  In counties that contain a military airfield, the

15  military readiness element must take into consideration the

16  extent to which the use of land surrounding the airfield is

17  consistent with the safety and noise standards contained in

18  the AICUZ prepared for that military airfield.

19         Section 3.  Paragraph (m) is added to subsection (1) of

20  section 163.3187, Florida Statutes, to read:

21         163.3187  Amendment of adopted comprehensive plan.--

22         (1)  Amendments to comprehensive plans adopted pursuant

23  to this part may be made not more than two times during any

24  calendar year, except:

25         (m)  A comprehensive plan amendment relating to

26  military readiness may be made at any time and does not count

27  toward the limitation on the frequency of plan amendments.

28         Section 4.  This act shall take effect July 1, 2003.

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    Florida Senate - 2003                                  SB 2152
    4-397A-03                                           See HB 661




 1            *****************************************

 2                          SENATE SUMMARY

 3    Relates to military readiness. Provides legislative
      findings relating to the compatibility of development
 4    with military bases and installations. Provides for an
      exchange of information between certain local governments
 5    and military bases or installations. Requires the local
      government to consider the comments of the commanding
 6    officer of a military base or installation relating to
      potential adverse effects on the base or installation
 7    which may result from rezonings or changes in land use.
      Provides that an element relating to military readiness
 8    is a mandatory element of the comprehensive plan for
      local governments in counties in which military bases or
 9    installations are located. Requires such local
      governments to seek advice from individuals who may be
10    affected by this element. Provides factors that must be
      considered in connection with this element. Provides that
11    a comprehensive plan amendment relating to military
      readiness may be made at any time and does not count
12    toward the limitation on the frequency of plan
      amendments.
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