Senate Bill sb2152c1

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    Florida Senate - 2003                           CS for SB 2152

    By the Committee on Military and Veterans' Affairs, Base
    Protection, and Spaceports; and Senators Clary, Peaden and
    Fasano



    301-2102-03

  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         installations; requiring the local government

  9         to consider the comments of the commanding

10         officer of a military installation relating to

11         potential adverse effects on the installation

12         which may result from rezonings or changes in

13         land use; amending s. 163.3177, F.S.; providing

14         that an element relating to military readiness

15         is a mandatory element of the comprehensive

16         plans for certain local governments; requiring

17         the local governments to seek advice from

18         individuals who may be affected by this

19         element; providing factors that must be

20         considered in connection with this element;

21         requiring the local governments to update the

22         military readiness element by June 30, 2004;

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

24         certain restrictions on the adoption of

25         amendments to comprehensive plans an amendment

26         relating to military readiness; providing an

27         effective date.

28  

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

30  

31  

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    Florida Senate - 2003                           CS for SB 2152
    301-2102-03




 1         Section 1.  Section 163.3175, Florida Statutes, is

 2  created to read:

 3         163.3175  Legislative findings on compatibility of

 4  development with military installations; exchange of

 5  information between local governments and military

 6  installations.--

 7         (1)  The Legislature finds that incompatible

 8  development of land close to military installations can

 9  adversely affect the ability of such an installation to carry

10  out its mission. The Legislature further finds that such

11  development also threatens the public safety because of the

12  possibility of accidents occurring within the areas

13  surrounding a military installation. In addition, the economic

14  health of a community is affected if military operations and

15  missions must relocate because of urban encroachment.

16  Therefore, the Legislature finds it desirable for the local

17  governments in the state to cooperate with military

18  installations to encourage compatible land use, help prevent

19  encroachment, and facilitate the continued presence of major

20  military installations in this state.

21         (2)  In any county that has a military installation

22  located within or adjacent to its boundaries, each local

23  government, including the county government, must transmit to

24  the commanding officer of the military installation

25  information regarding proposed changes in land use or proposed

26  rezonings that would, if approved, affect the intensity or

27  density or use of the property that is the subject of the

28  application and is within an area of interest identified by

29  the base commander. The commanding officer or his or her

30  designee may submit to the local government written comments

31  regarding any adverse effects that the proposed changes or

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    Florida Senate - 2003                           CS for SB 2152
    301-2102-03




 1  rezonings may have on military installations, operating areas,

 2  or ranges, including, but not limited to, the commanding

 3  officer's opinion as to whether those proposed changes will

 4  violate the safety and noise standards contained in the Air

 5  Installation Compatible Use Zone (AICUZ) prepared for a

 6  military airfield or whether the changes are incompatible with

 7  the Installation Environmental Noise Management Program

 8  (IENMP) of the United States Army. The commanding officer may

 9  copy the state land planning agency with any comments on

10  proposed comprehensive plan changes. The commanding officer is

11  encouraged to include information about any community planning

12  assistance grants that might be available to the local

13  government through the federal Office of Economic Adjustment,

14  as an incentive for communities to participate in a joint

15  planning process that would facilitate the compatibility of

16  community planning and activities vital to the national

17  defense. The local government shall take the comments of the

18  commanding officer or his or her designee into consideration

19  when rezoning or making changes in land use.

20         (3)  As used in this section, the term "military

21  installation" means a base, camp, post, station, yard, center,

22  homeport facility for any ship, or other location under the

23  jurisdiction of the Department of Defense, including any

24  leased facility. Such term does not include any facility used

25  primarily for civil works, rivers and harbors projects, or

26  flood control projects.

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

28  section 163.3177, Florida Statutes, to read:

29         163.3177  Required and optional elements of

30  comprehensive plan; studies and surveys.--

31  

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    Florida Senate - 2003                           CS for SB 2152
    301-2102-03




 1         (6)  In addition to the requirements of subsections

 2  (1)-(5), the comprehensive plan shall include the following

 3  elements:

 4         (l)  Each unit of local government impacted by a

 5  military installation within or adjacent to its boundaries, a

 6  military readiness element. In preparing to adopt this

 7  element, the local government must seek advice from residents

 8  of the county and others who are likely to be affected by the

 9  provisions therein, including, but not limited to, builders

10  and developers, conservation groups, representatives of the

11  armed services, and neighborhood groups.

12         1.  The military readiness element must take into

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

14  likely to be affected by the proximity of development to

15  military installations, operating areas, and ranges and must

16  make reasonable provision for preserving open space and

17  compatible land uses near a military installation.

18         2.  The military readiness element must also take into

19  consideration the findings of the Department of Defense Joint

20  Land Use Study Program, which promotes incorporating the

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

22  and of the Installation Environmental Noise Management Program

23  (IENMP, which was formerly the Installation Compatible Use

24  Zone, or ICUZ, program).

25         3.  In counties that contain or border on a military

26  airfield, the military readiness element must take into

27  consideration the extent to which the use of land surrounding

28  the airfield is consistent with the safety and noise standards

29  contained in the AICUZ prepared for that military airfield.

30         4.  Local governments required to update or amend their

31  comprehensive plan to include a military readiness element

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    Florida Senate - 2003                           CS for SB 2152
    301-2102-03




 1  pursuant to this act shall transmit the updated element by

 2  June 30, 2004.

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

 4  section 163.3187, Florida Statutes, to read:

 5         163.3187  Amendment of adopted comprehensive plan.--

 6         (1)  Amendments to comprehensive plans adopted pursuant

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

 8  calendar year, except:

 9         (m)  A comprehensive plan amendment relating to

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

11  toward the limitation on the frequency of plan amendments.

12         Section 4.  This act shall take effect upon becoming a

13  law.

14  

15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                         Senate Bill 2152

17                                 

18  The committee substitute keeps the same processes created in
    the bill, but focuses on only the local governments that would
19  be affected by the military installation rather than all local
    governments within a county that has a military installation.
20  
    Local governments would have to provide information on the
21  proposed changes to a base commander not only when the
    proposed changes effect the density or use of the property,
22  but also when such changes would effect the intensity of the
    property.
23  
    The military readiness element must consider how the health,
24  safety, and welfare is likely to be affected by the proximity
    of development to military installations rather than the
25  proximity of residental areas.

26  A definition of "military installation" is provided.

27  Local governments required to update or amend their comp plan
    to include a military readiness element must do so by June 30,
28  2004.

29  

30  

31  

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