HOUSE AMENDMENT Bill No. HB 661 CS
1	CHAMBER ACTION
2	Senate House
3	.
4	.
5	.
6
7
8
9
10
11
12	Representative Evers offered the following:
13
14	Amendment (with title amendment)
15	Remove everything after the enacting clause, and insert:
16	Section 1. Section 163.3175, Florida Statutes, is created
17	to read:
18	163.3175 Legislative findings on compatibility of
19	development with military installations; exchange of information
20	between local governments and military installations.--
21	(1) The Legislature finds that incompatible development of
22	land close to military installations can adversely affect the
23	ability of such an installation to carry out its mission. The
24	Legislature further finds that such development also threatens
25	the public safety because of the possibility of accidents
26	occurring within the areas surrounding a military installation.
27	In addition, the economic health of a community is affected if
28	military operations and missions must relocate because of urban
29	encroachment. Therefore, the Legislature finds it desirable for
30	the local governments in the state to cooperate with military
31	installations to encourage compatible land use, help prevent
32	encroachment, and facilitate the continued presence of major
33	military installations in this state.
34	Section 2. Subsection (32) is added to section 163.3164,
35	Florida Statutes, to read:
36	163.3164 Local Government Comprehensive Planning and Land
37	Development Regulation Act; definitions.--As used in this act:
38	(32) "Military installation" means a base, camp, post,
39	homeport facility for any ship, or other location under the
40	jurisdiction of the Department of Defense, including any leased
41	facility. Such term does not include any facility used
42	primarily for civil works, docking facilities, rivers and
43	harbors projects, or flood control projects.
44	Section 3. Paragraph (a) of subsection (6) and paragraph
45	(l) of subsection (10) of section 163.3177, Florida Statutes,
46	are amended to read:
47	163.3177 Required and optional elements of comprehensive
48	plan; studies and surveys.--
49	(6) In addition to the requirements of subsections (1)-
50	(5), the comprehensive plan shall include the following
51	elements:
52	(a) A future land use plan element designating proposed
53	future general distribution, location, and extent of the uses of
54	land for residential uses, commercial uses, industry,
55	agriculture, recreation, conservation, education, public
56	buildings and grounds, other public facilities, and other
57	categories of the public and private uses of land. Each future
58	land use category must be defined in terms of uses included, and
59	must include standards to be followed in the control and
60	distribution of population densities and building and structure
61	intensities. The proposed distribution, location, and extent of
62	the various categories of land use shall be shown on a land use
63	map or map series which shall be supplemented by goals,
64	policies, and measurable objectives. The future land use plan
65	shall be based upon surveys, studies, and data regarding the
66	area, including the amount of land required to accommodate
67	anticipated growth; the projected population of the area; the
68	character of undeveloped land; the availability of public
69	services; the need for redevelopment, including the renewal of
70	blighted areas and the elimination of nonconforming uses which
71	are inconsistent with the character of the community; the
72	compatibility with military installations;and, in rural
73	communities, the need for job creation, capital investment, and
74	economic development that will strengthen and diversify the
75	community's economy. The future land use plan may designate
76	areas for future planned development use involving combinations
77	of types of uses for which special regulations may be necessary
78	to ensure development in accord with the principles and
79	standards of the comprehensive plan and this act. In addition,
80	for rural communities, the amount of land designated for future
81	planned industrial use shall be based upon surveys and studies
82	that reflect the need for job creation, capital investment, and
83	the necessity to strengthen and diversify the local economies,
84	and shall not be limited solely by the projected population of
85	the rural community. The future land use plan of a county may
86	also designate areas for possible future municipal
87	incorporation. The land use maps or map series shall generally
88	identify and depict historic district boundaries and shall
89	designate historically significant properties meriting
90	protection. The future land use element must clearly identify
91	the land use categories in which public schools are an allowable
92	use. When delineating the land use categories in which public
93	schools are an allowable use, a local government shall include
94	in the categories sufficient land proximate to residential
95	development to meet the projected needs for schools in
96	coordination with public school boards and may establish
97	differing criteria for schools of different type or size. Each
98	local government shall include lands contiguous to existing
99	school sites, to the maximum extent possible, within the land
100	use categories in which public schools are an allowable use. All
101	comprehensive plans must comply with the school siting
102	requirements of this paragraph no later than October 1, 1999.
103	The failure by a local government to comply with these school
104	siting requirements by October 1, 1999, will result in the
105	prohibition of the local government's ability to amend the local
106	comprehensive plan, except for plan amendments described in s.
107	163.3187(1)(b), until the school siting requirements are met.
108	Amendments proposed by a local government for purposes of
109	identifying the land use categories in which public schools are
110	an allowable use or for adopting or amending the school-siting
111	maps pursuant to s. 163.31776(3) are exempt from the limitation
112	on the frequency of plan amendments contained in s. 163.3187.
113	The future land use element shall include criteria that
114	encourage the location of schools proximate to urban residential
115	areas to the extent possible and shall require that the local
116	government seek to collocate public facilities, such as parks,
117	libraries, and community centers, with schools to the extent
118	possible and to encourage the use of elementary schools as focal
119	points for neighborhoods. For schools serving predominantly
120	rural counties, defined as a county with a population of 100,000
121	or fewer, an agricultural land use category shall be eligible
122	for the location of public school facilities if the local
123	comprehensive plan contains school siting criteria and the
124	location is consistent with such criteria.
125	(10) The Legislature recognizes the importance and
126	significance of chapter 9J-5, Florida Administrative Code, the
127	Minimum Criteria for Review of Local Government Comprehensive
128	Plans and Determination of Compliance of the Department of
129	Community Affairs that will be used to determine compliance of
130	local comprehensive plans. The Legislature reserved unto itself
131	the right to review chapter 9J-5, Florida Administrative Code,
132	and to reject, modify, or take no action relative to this rule.
133	Therefore, pursuant to subsection (9), the Legislature hereby
134	has reviewed chapter 9J-5, Florida Administrative Code, and
135	expresses the following legislative intent:
136	(l) The state land planning agency shall consider land use
137	compatibility issues in the vicinity of all airports in
138	coordination with the Department of Transportation, and for
139	military installations in coordination with the Department of
140	Defense.
141	Section 4. Section 163.31779, Florida Statutes, is created
142	to read:
143	163.31779 Military Installation Memorandum of Agreement.--
144	(1)(a) The county or counties in which a military
145	installation is either wholly or partially located and those
146	municipalities adjacent to or proximate to the military
147	installation, as determined by the state land planning agency
148	based on the recommendations of the governing bodies of the
149	affected counties and municipalities and the commanding officer
150	whose primary responsibility is the operation of the military
151	installation, shall enter into a memorandum of agreement with
152	the military installation to coordinate future land use changes
153	including the local government comprehensive plan, land
154	development regulations, and development orders.
155	(b) The agreements shall be completed in accordance with a
156	schedule published by the state land planning agency. The
157	schedule must establish staggered due dates for completion of
158	such agreements that are executed by both the local government
159	and the military installation, concluding by July 1, 2004.
160	(c) The military installation, the county or counties in
161	which the military installation either wholly or partially is
162	located and the affected municipalities that are adjacent to or
163	proximate to the military installation as determined by the
164	state land planning agency are encouraged to adopt a single
165	memorandum of agreement to which all join as parties. The state
166	land planning agency shall assemble and make available model
167	agreements meeting the requirements of this section and shall
168	notify local governments and military installations of the
169	requirements of this section. The state land planning agency
170	shall be available to informally review proposed agreements.
171	(2) In preparing to adopt a memorandum of agreement, the
172	local government must seek advice from residents of the local
173	government and others who are likely to be affected by its
174	provisions including, but not limited to; builders, developers,
175	conservation groups, representatives of the United States Armed
176	Services, and neighborhood groups.
177	(3) At a minimum, the memorandum of agreement must:
178	(a) Coordinate planning activities between the local
179	government and military installation to determine how the public
180	health, safety, and welfare is likely to be affected by the
181	proximity of development to the military installation, operating
182	areas, and ranges.
183	(b) Coordinate planning activities between the local
184	government and military installation to make reasonable
185	provisions for preserving open space and compatible land uses
186	near the military installation.
187	(c) Coordinate planning activities between the local
188	government and military installation to evaluate land proximate
189	to the military installation taking into consideration the
190	findings of any Department of Defense Joint Land Use Study
191	Program, or the findings of any Air Installation Compatible Use
192	Zone(AICUZ) and of any Installation Environmental Noise
193	Management Program (IENMP, which was formerly the Installation
194	Compatible Use Zone, or ICUZ, program).
195	(d) Provide for a process by which the affected local
196	governments and military installation coordinate and share
197	information relating to comprehensive plans and plan amendments,
198	land development regulations and changes thereto including
199	zoning changes, and development orders. The affected local
200	governments shall provide the military installation an
201	opportunity to review and comment on comprehensive plans, plan
202	amendments, land development regulations and changes thereto,
203	and development orders. The local government shall consider
204	those comments, if any, when adopting such plans or regulations
205	or when approving development orders. Comments on plan
206	amendments may be provided to the Department for consideration
207	in its compliance review.
208	(e) Provide for the resolution of disputes between the
209	military and local governments, which may include the dispute
210	resolution processes contained in chapters 164 and 186.
211	(f) Provide for an oversight process, including an
212	opportunity for public participation, for the implementation of
213	the memorandum of agreement.
214	(g) Provide for the identification of amendments to the
215	comprehensive plan needed to ensure compatibility with the
216	military installation and consistency with the interlocal
217	agreement.
218	(4) A memorandum of agreement entered into pursuant to
219	this section must be consistent with the adopted comprehensive
220	plan, or an amendment to such plan adopted within one year after
221	execution of the agreement, and land development regulations of
222	any local government that is a signatory.
223	(5) The commanding officer whose primary responsibility is
224	the operation of the military installation is encouraged to
225	provide information about any community planning assistance
226	grants that might be available to the local government through
227	the federal Office of Economic Adjustment, as an incentive for
228	communities to participate in the Joint Land Use Study Program
229	to facilitate the compatibility of community planning and
230	activities vital to the national defense.
231	Section 5. A new paragraph (m) is added to subsection (1)
232	of section 163.3187, Florida Statutes, to read:
233	163.3187 Amendment of adopted comprehensive plan.--
234	(1) Amendments to comprehensive plans adopted pursuant to
235	this part may be made not more than two times during any
236	calendar year, except:
237	(m) A comprehensive plan amendment that addresses
238	compatibility with military installations pursuant to the
239	military installation memorandum of agreement, does not count
240	toward the limitation on the frequency of plan amendments.
241	Section 6. A new paragraph (n) is added to subsection (2)
242	of section 163.3191, Florida Statutes, to read:
243	163.3191 Evaluation and appraisal of comprehensive plan.--
244	(2) The report shall present an evaluation and assessment
245	of the comprehensive plan and shall contain appropriate
246	statements to update the comprehensive plan, including, but not
247	limited to, words, maps, illustrations, or other media, related
248	to:
249	(n) An evaluation of the success or failure of the
250	military installation memorandum of agreement in resolving land
251	use compatibility in the proximity of military installations.
252	Section 7. Effective upon this act becoming law,
253	subsection (13) is added to section 163.3167, Florida Statutes,
254	to read:
255	163.3167 Scope of act.--
256	(13)(a) If a local government grants a quasi-judicial
257	development order pursuant to its adopted land development
258	regulations and the order is not the subject of a pending
259	appeal, the right to commence and complete development pursuant
260	to the order may not be abrogated by a subsequent judicial
261	determination that such land development regulations or any
262	portion thereof are invalid because of a deficiency in the
263	approval standards.
264	(b) This subsection does not preclude or affect the timely
265	institution of a common law writ of certiorari proceeding
266	pursuant to Rule 9.190, Florida Rules of Appellate Procedure or
267	original proceedings pursuant to s. 163.3215.
268	(c) This subsection applies retroactively to any order
269	granted on or after January 1, 2002.
270	Section 8. This act shall take effect July 1, 2003, except
271	that this section and section 4 of this act shall take effect
272	upon becoming a law.
273
274	================= T I T L E A M E N D M E N T =================
275	Remove the entire title, and insert:
276	A bill to be entitled
277	An act relating to military readiness; creating s.
278	163.3175, F.S.; providing legislative findings relating to
279	the compatibility of development with military
280	installations; amending s. 163.3164, F.S.; providing a
281	definition of military installations; amending s.
282	163.3177, F.S.; providing for consideration of the
283	compatibility with military installations in developing a
284	future land use element to a comprehensive plan; providing
285	for the state land planning agency to coordinate with the
286	Department of Defense on use compatibility issues relating
287	to military installations; creating s. 163.31779, F.S.;
288	requiring certain counties and municipalities to enter
289	into memoranda of agreement with military installations to
290	coordinate future land use changes, local government
291	comprehensive plans, land development regulations, and
292	development orders; requiring a schedule for completion of
293	such agreements; requiring local governments to seek
294	public advice on such agreements; identifying provisions
295	that must be included in such agreements at a minimum;
296	requiring such agreements to be consistent with adopted
297	comprehensive plans or amendments to such plans adopted
298	within one year after execution of the agreement;
299	providing for the provision of information regarding
300	community planning assistance grants; amending s.
301	163.3187, F.S.; exempting from certain restrictions on the
302	adoption of amendments to comprehensive plans an amendment
303	that addresses compatibility with military installations
304	based on a memorandum of agreement; amending s. 163.3191,
305	F.S.; requiring an evaluation of the success or failure of
306	the military installation memorandum of agreement in
307	resolving land use compatibility; amending s. 163.3167,
308	F.S.; prohibiting certain judicial abrogation of quasi-
309	judicial development orders issued by local governments;
310	providing for retroactive application; providing effective
311	dates.