Senate Bill sb2152c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                    CS for CS for SB 2152

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



    316-2239-03

  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; amending s.

27         163.3167, F.S.; prohibiting certain judicial

28         abrogation of quasi-judicial development orders

29         issued by local governments; providing for

30         retroactive application; providing effective

31         dates.

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 2152
    316-2239-03




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

 2  

 3         Section 1.  Section 163.3175, Florida Statutes, is

 4  created to read:

 5         163.3175  Legislative findings on compatibility of

 6  development with military installations; exchange of

 7  information between local governments and military

 8  installations.--

 9         (1)  The Legislature finds that incompatible

10  development of land close to military installations can

11  adversely affect the ability of such an installation to carry

12  out its mission. The Legislature further finds that such

13  development also threatens the public safety because of the

14  possibility of accidents occurring within the areas

15  surrounding a military installation. In addition, the economic

16  health of a community is affected if military operations and

17  missions must relocate because of urban encroachment.

18  Therefore, the Legislature finds it desirable for the local

19  governments in the state to cooperate with military

20  installations to encourage compatible land use, help prevent

21  encroachment, and facilitate the continued presence of major

22  military installations in this state.

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

24  located within or adjacent to its boundaries, each local

25  government, including the county government, must transmit to

26  the commanding officer of the military installation

27  information regarding proposed changes in land use or proposed

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

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

30  application and is within an area of interest identified by

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

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 2152
    316-2239-03




 1  designee may submit to the local government written comments

 2  regarding any adverse effects that the proposed changes or

 3  rezonings may have on military installations, operating areas,

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

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

 6  violate the safety and noise standards contained in the Air

 7  Installation Compatible Use Zone (AICUZ) prepared for a

 8  military airfield or whether the changes are incompatible with

 9  the Installation Environmental Noise Management Program

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

11  copy the state land planning agency with any comments on

12  proposed comprehensive plan changes. The commanding officer is

13  encouraged to include information about any community planning

14  assistance grants that might be available to the local

15  government through the federal Office of Economic Adjustment,

16  as an incentive for communities to participate in a joint

17  planning process that would facilitate the compatibility of

18  community planning and activities vital to the national

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

20  commanding officer or his or her designee into consideration

21  when rezoning or making changes in land use.

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

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

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

25  jurisdiction of the Department of Defense, including any

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

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

28  flood control projects.

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

30  section 163.3177, Florida Statutes, to read:

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 2152
    316-2239-03




 1         163.3177  Required and optional elements of

 2  comprehensive plan; studies and surveys.--

 3         (6)  In addition to the requirements of subsections

 4  (1)-(5), the comprehensive plan shall include the following

 5  elements:

 6         (l)  For each unit of local government impacted by a

 7  military installation within or adjacent to its boundaries, a

 8  military readiness element. In preparing to adopt this

 9  element, the local government must seek advice from residents

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

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

12  and developers, conservation groups, representatives of the

13  armed services, and neighborhood groups.

14         1.  The military readiness element must take into

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

16  likely to be affected by the proximity of development to

17  military installations, operating areas, and ranges and must

18  make reasonable provision for preserving open space and

19  compatible land uses near a military installation.

20         2.  The military readiness element must also take into

21  consideration the findings of the Department of Defense Joint

22  Land Use Study Program, which promotes incorporating the

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

24  and of the Installation Environmental Noise Management Program

25  (IENMP, which was formerly the Installation Compatible Use

26  Zone, or ICUZ, program).

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

28  airfield, the military readiness element must take into

29  consideration the extent to which the use of land surrounding

30  the airfield is consistent with the safety and noise standards

31  contained in the AICUZ prepared for that military airfield.

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 2152
    316-2239-03




 1         4.  Local governments required to update or amend their

 2  comprehensive plan to include a military readiness element

 3  pursuant to this act shall transmit the update or amendment to

 4  the department by June 30, 2004.

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

 6  section 163.3187, Florida Statutes, to read:

 7         163.3187  Amendment of adopted comprehensive plan.--

 8         (1)  Amendments to comprehensive plans adopted pursuant

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

10  calendar year, except:

11         (m)  A comprehensive plan amendment relating to

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

13  toward the limitation on the frequency of plan amendments.

14         Section 4.  Effective upon this act becoming law,

15  subsection (13) is added to section 163.3167, Florida

16  Statutes, to read:

17         163.3167  Scope of act.--

18         (13)(a)  If a local government grants a quasi-judicial

19  development order pursuant to its adopted land development

20  regulations and the order is not the subject of a pending

21  appeal, the right to commence and complete development

22  pursuant to the order may not be abrogated by a subsequent

23  judicial determination that such land development regulations

24  are invalid because of a deficiency in the approval standards.

25         (b)  This subsection does not preclude or affect the

26  timely institution of a common law writ of certiorari

27  proceeding pursuant to Rule 9.190, Florida Rules of Appellate

28  Procedure or original proceedings pursuant to s. 163.3215.

29         (c)  This subsection applies retroactively to any order

30  granted on or after January 1, 2002.

31  

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 2152
    316-2239-03




 1         Section 5.  This act shall take effect July 1, 2003,

 2  except that this section and section 4 of this act shall take

 3  effect upon becoming a law.

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                            CS/SB 2152

 7                                 

 8  The committee substitute amends s. 163.3167, F.S., to provide
    that a quasi-judicial development order issued by a local
 9  government which is not the subject of a pending appeal, may
    not be abrogated by a subsequent judicial determination that
10  such land development regulations are invalid because of a
    deficiency in approval standards. This new subsection of
11  Florida Statutes takes effect upon becoming law and
    retroactively applies to January 1, 2002. The committee
12  substitute also has a technical change and a clarification.

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  6

CODING: Words stricken are deletions; words underlined are additions.