HB 0661 2003
1	A bill to be entitled
2	An act relating to military readiness; creating s.
3	163.3175, F.S.; providing legislative findings relating to
4	the compatibility of development with military
5	installations; providing for an exchange of information
6	between certain local governments and military bases or
7	installations; requiring the local government to consider
8	the comments of the commanding officer of a military base
9	or installation relating to potential adverse effects on
10	the base or installation which may result from rezonings
11	or changes in land use; amending s. 163.3177, F.S.;
12	providing that an element relating to military readiness
13	is a mandatory element of the comprehensive plans for
14	certain local governments; requiring the local governments
15	to seek advice from individuals who may be affected by
16	this element; providing factors that must be considered in
17	connection with this element; amending s. 163.3187, F.S.;
18	exempting from certain restrictions on the adoption of
19	amendments to comprehensive plans an amendment relating to
20	military readiness; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1. Section 163.3175, Florida Statutes, is created
25	to read:
26	163.3175 Legislative findings on compatibility of
27	development with military bases and installations; exchange of
28	information between local governments and military bases and
29	installations.--
30	(1) The Legislature finds that incompatible residential
31	and commercial development of land close to military bases or
32	military installations can adversely affect the ability of such
33	a base or installation to carry out its mission. The Legislature
34	further finds that such development also threatens the public
35	safety because of the possibility of accidents occurring within
36	the areas surrounding a military base or military installation.
37	In addition, the economic health of a community is affected if
38	military operations and missions must relocate because of urban
39	encroachment. Therefore, the Legislature finds it desirable for
40	the local governments in this state to cooperate with military
41	bases and installations to encourage compatible land use, help
42	prevent encroachment, and facilitate the continued presence of
43	major military bases and installations in this state.
44	(2) In any county that has a military base or installation
45	located within its boundaries, each local government, including
46	the county government, must transmit to the commanding officer
47	of the military base or installation information regarding
48	proposed changes in land use or proposed rezonings that would,
49	if approved, affect the density or use of the property that is
50	the subject of the application. The commanding officer or his or
51	her designee may submit to the local government written comments
52	regarding any adverse effects that the proposed changes or
53	rezonings may have on military bases or installations, operating
54	areas, or ranges, including, but not limited to, the commanding
55	officer's opinion as to whether those proposed changes will
56	violate the safety and noise standards contained in the Air
57	Installation Compatible Use Zone (AICUZ) prepared for a military
58	airfield or whether the changes are incompatible with the
59	Installation Environmental Noise Management Program (IENMP) of
60	the United States Army. The commanding officer is encouraged to
61	include information about any community planning assistance
62	grants that might be available to the local government through
63	the federal Office of Economic Adjustment, as an incentive for
64	communities to participate in a joint planning process that
65	would facilitate the compatibility of community planning and
66	activities vital to the national defense. The local government
67	shall take the comments of the commanding officer or his or her
68	designee into consideration when rezoning or making changes in
69	land use.
70	Section 2. Paragraph (l) is added to subsection (6) of
71	section 163.3177, Florida Statutes, to read:
72	163.3177 Required and optional elements of comprehensive
73	plan; studies and surveys.--
74	(6) In addition to the requirements of subsections (1)-
75	(5), the comprehensive plan shall include the following
76	elements:
77	(l) For each unit of local government within a county that
78	has a military base or military installation within its
79	boundaries, a military readiness element. In preparing to adopt
80	this element, the local government must seek advice from
81	residents of the county and others who are likely to be affected
82	by the provisions therein, including, but not limited to,
83	builders and developers, conservation groups, representatives of
84	the armed services, and neighborhood groups.
85	1. The military readiness element must take into
86	consideration how the public health, safety, and welfare is
87	likely to be affected by the proximity of residential areas to
88	military bases or installations, operating areas, and ranges and
89	must make reasonable provision for preserving open space and
90	compatible land uses near a military base or installation.
91	2. The military readiness element must also take into
92	consideration the findings of the Department of Defense Joint
93	Land Use Study Program, which promotes incorporating the
94	findings of the Air Installation Compatible Use Zone (AICUZ) and
95	of the Installation Environmental Noise Management Program
96	(IENMP, which was formerly the Installation Compatible Use Zone,
97	or ICUZ, program).
98	3. In counties that contain a military airfield, the
99	military readiness element must take into consideration the
100	extent to which the use of land surrounding the airfield is
101	consistent with the safety and noise standards contained in the
102	AICUZ prepared for that military airfield.
103	Section 3. A new paragraph (m) is added to subsection (1)
104	of section 163.3187, Florida Statutes, to read:
105	163.3187 Amendment of adopted comprehensive plan.--
106	(1) Amendments to comprehensive plans adopted pursuant to
107	this part may be made not more than two times during any
108	calendar year, except:
109	(m) A comprehensive plan amendment relating to military
110	readiness may be made at any time and does not count toward the
111	limitation on the frequency of plan amendments.
112	Section 4. This act shall take effect upon becoming a law.