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A bill to be entitled |
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An act relating to military readiness; creating s. |
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163.3175, F.S.; providing legislative findings relating to |
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the compatibility of development with military |
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installations; providing for an exchange of information |
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between certain local governments and military bases or |
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installations; requiring the local government to consider |
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the comments of the commanding officer of a military base |
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or installation relating to potential adverse effects on |
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the base or installation which may result from rezonings |
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or changes in land use; amending s. 163.3177, F.S.; |
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providing that an element relating to military readiness |
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is a mandatory element of the comprehensive plans for |
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certain local governments; requiring the local governments |
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to seek advice from individuals who may be affected by |
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this element; providing factors that must be considered in |
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connection with this element; amending s. 163.3187, F.S.; |
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exempting from certain restrictions on the adoption of |
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amendments to comprehensive plans an amendment relating to |
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military readiness; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Section 163.3175, Florida Statutes, is created |
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to read: |
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163.3175 Legislative findings on compatibility of |
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development with military bases and installations; exchange of |
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information between local governments and military bases and |
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installations.--
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(1) The Legislature finds that incompatible residential |
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and commercial development of land close to military bases or |
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military installations can adversely affect the ability of such |
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a base or installation to carry out its mission. The Legislature |
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further finds that such development also threatens the public |
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safety because of the possibility of accidents occurring within |
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the areas surrounding a military base or military installation. |
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In addition, the economic health of a community is affected if |
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military operations and missions must relocate because of urban |
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encroachment. Therefore, the Legislature finds it desirable for |
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the local governments in this state to cooperate with military |
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bases and installations to encourage compatible land use, help |
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prevent encroachment, and facilitate the continued presence of |
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major military bases and installations in this state.
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(2) In any county that has a military base or installation |
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located within its boundaries, each local government, including |
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the county government, must transmit to the commanding officer |
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of the military base or installation information regarding |
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proposed changes in land use or proposed rezonings that would, |
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if approved, affect the density or use of the property that is |
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the subject of the application. The commanding officer or his or |
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her designee may submit to the local government written comments |
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regarding any adverse effects that the proposed changes or |
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rezonings may have on military bases or installations, operating |
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areas, or ranges, including, but not limited to, the commanding |
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officer's opinion as to whether those proposed changes will |
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violate the safety and noise standards contained in the Air |
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Installation Compatible Use Zone (AICUZ) prepared for a military |
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airfield or whether the changes are incompatible with the |
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Installation Environmental Noise Management Program (IENMP) of |
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the United States Army. The commanding officer is encouraged to |
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include information about any community planning assistance |
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grants that might be available to the local government through |
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the federal Office of Economic Adjustment, as an incentive for |
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communities to participate in a joint planning process that |
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would facilitate the compatibility of community planning and |
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activities vital to the national defense. The local government |
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shall take the comments of the commanding officer or his or her |
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designee into consideration when rezoning or making changes in |
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land use.
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Section 2. Paragraph (l) is added to subsection (6) of |
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section 163.3177, Florida Statutes, to read: |
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163.3177 Required and optional elements of comprehensive |
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plan; studies and surveys.-- |
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(6) In addition to the requirements of subsections (1)- |
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(5), the comprehensive plan shall include the following |
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elements: |
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(l) For each unit of local government within a county that |
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has a military base or military installation within its |
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boundaries, a military readiness element. In preparing to adopt |
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this element, the local government must seek advice from |
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residents of the county and others who are likely to be affected |
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by the provisions therein, including, but not limited to, |
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builders and developers, conservation groups, representatives of |
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the armed services, and neighborhood groups.
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1. The military readiness element must take into |
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consideration how the public health, safety, and welfare is |
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likely to be affected by the proximity of residential areas to |
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military bases or installations, operating areas, and ranges and |
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must make reasonable provision for preserving open space and |
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compatible land uses near a military base or installation.
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2. The military readiness element must also take into |
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consideration the findings of the Department of Defense Joint |
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Land Use Study Program, which promotes incorporating the |
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findings of the Air Installation Compatible Use Zone (AICUZ) and |
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of the Installation Environmental Noise Management Program |
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(IENMP, which was formerly the Installation Compatible Use Zone, |
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or ICUZ, program).
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3. In counties that contain a military airfield, the |
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military readiness element must take into consideration the |
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extent to which the use of land surrounding the airfield is |
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consistent with the safety and noise standards contained in the |
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AICUZ prepared for that military airfield.
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Section 3. A new paragraph (m) is added to subsection (1) |
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of section 163.3187, Florida Statutes, to read: |
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163.3187 Amendment of adopted comprehensive plan.-- |
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(1) Amendments to comprehensive plans adopted pursuant to |
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this part may be made not more than two times during any |
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calendar year, except: |
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(m) A comprehensive plan amendment relating to military |
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readiness may be made at any time and does not count toward the |
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limitation on the frequency of plan amendments.
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Section 4. This act shall take effect upon becoming a law. |