HB 0661 2003
1	CHAMBER ACTION
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6	The Committee on Local Government & Veterans' Affairs recommends
7	the following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to military readiness; amending s.
13	163.3164, F.S.; defining the term “military
14	installations”; creating s. 163.3175, F.S.; providing
15	legislative findings relating to the compatibility of
16	development with military installations; providing for an
17	exchange of information between certain local governments
18	and military installations; requiring the local government
19	to consider the comments of the commanding officer of a
20	military installation relating to potential adverse
21	effects on the installation which may result from
22	rezonings or changes in land use; amending s. 163.3177,
23	F.S.; providing that an element relating to military
24	readiness is a mandatory element of the comprehensive
25	plans for certain local governments; requiring the local
26	governments to seek advice from individuals who may be
27	affected by this element; providing factors that must be
28	considered in connection with this element; requiring
29	certain local governments to update the military readiness
30	element by June 30, 2004; providing an exemption; amending
31	s. 163.3187, F.S.; exempting from certain restrictions on
32	the adoption of amendments to comprehensive plans an
33	amendment relating to military readiness; providing an
34	effective date.
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36	Be It Enacted by the Legislature of the State of Florida:
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38	Section 1. Subsection (32) is added to section 163.3164,
39	Florida Statutes, to read:
40	163.3164 Local Government Comprehensive Planning and Land
41	Development Regulation Act; definitions.--As used in this act:
42	(32) “Military installation” means a base, camp, post,
43	station, yard, center, homeport facility for any ship, or other
44	location under the jurisdiction of the Department of Defense,
45	including any leased facility. Such term does not include any
46	facility used primarily for civil works, river and harbor
47	projects, or flood control projects.
48	Section 2. Section 163.3175, Florida Statutes, is created
49	to read:
50	163.3175 Legislative findings on compatibility of
51	development with military installations; exchange of information
52	between local governments and military installations.--
53	(1) The Legislature finds that incompatible development of
54	land close to a military installation can adversely affect the
55	ability of such an installation to carry out its mission. The
56	Legislature further finds that such development also threatens
57	the public safety because of the possibility of accidents
58	occurring within the areas surrounding a military installation.
59	In addition, the economic health of a community is affected if
60	military operations and missions must relocate because of urban
61	encroachment. Therefore, the Legislature finds it desirable for
62	the local governments in this state to cooperate with military
63	installations to encourage compatible land use, help prevent
64	encroachment, and facilitate the continued presence of major
65	military installations in this state.
66	(2) A county or counties in which a military installation
67	is either wholly or partially located, and those municipalities
68	as determined by the governing bodies of the affected counties
69	and municipalities and the commanding officer whose primary
70	concern is the operation of the military installation, shall
71	transmit to the commanding officer of the military installation
72	information regarding proposed changes in land use or proposed
73	rezonings that would, if approved, affect the density or use of
74	the property that is the subject of the application and is
75	within an area of interest previously identified by the
76	commanding officer. The commanding officer or his or her
77	designee may submit to the local government written comments
78	regarding any adverse effects that the proposed changes or
79	rezonings may have on military installations, operating areas,
80	or ranges, including, but not limited to, the commanding
81	officer's opinion as to whether those proposed changes will
82	violate the safety and noise standards contained in the Air
83	Installation Compatible Use Zone (AICUZ) prepared for a military
84	airfield or whether the changes are incompatible with the
85	Installation Environmental Noise Management Program (IENMP) of
86	the United States Army. The commanding officer may provide the
87	state land planning agency with copies of any comments on
88	proposed comprehensive plan changes. The commanding officer is
89	encouraged to include information about any community planning
90	assistance grants that may be available to the local government
91	through the federal Office of Economic Adjustment, as an
92	incentive for communities to participate in a joint planning
93	process that would facilitate the compatibility of community
94	planning and activities vital to the national defense. The local
95	government should take the comments of the commanding officer or
96	his or her designee into consideration when rezoning or making
97	changes in land use.
98	Section 3. Paragraph (l) is added to subsection (6) of
99	section 163.3177, Florida Statutes, to read:
100	163.3177 Required and optional elements of comprehensive
101	plan; studies and surveys.--
102	(6) In addition to the requirements of subsections (1)-
103	(5), the comprehensive plan shall include the following
104	elements:
105	(l) For any county or counties in which a military
106	installation is either wholly or partially located and those
107	municipalities as determined by the governing bodies of the
108	affected counties and municipalities and the commanding officer
109	whose primary concern is the operation of the military
110	installation , a military readiness element. In preparing to
111	adopt this element, the local government must seek advice from
112	residents of the county and others who are likely to be affected
113	by the provisions therein, including, but not limited to,
114	builders and developers, conservation groups, representatives of
115	the armed services, and neighborhood groups.
116	1. The military readiness element must take into
117	consideration how the public health, safety, and welfare is
118	likely to be affected by the proximity of development to
119	military installations, operating areas, and ranges and must
120	make reasonable provision for preserving open space and
121	compatible land uses near a military installation.
122	2. The military readiness element must also take into
123	consideration the findings of the Department of Defense Joint
124	Land Use Study Program, which promotes incorporating the
125	findings of the Air Installation Compatible Use Zone (AICUZ) and
126	of the Installation Environmental Noise Management Program
127	(IENMP, which was formerly the Installation Compatible Use Zone,
128	or ICUZ, program).
129	3. For each unit of local government as defined in this
130	paragraph, the military readiness element must take into
131	consideration the extent to which the use of land surrounding
132	the airfield is consistent with the safety and noise standards
133	contained in the AICUZ prepared for that military airfield.
134	4. Each unit of local government as defined in this
135	paragraph is required to update the military readiness element
136	pursuant to this act shall transmit the updated element by June
137	30, 2004.
138	5. A local government which, prior to January 1, 2003, has
139	entered into memoranda of understanding with a military
140	installation within the geographic boundaries of the local
141	government which address, at a minimum, employment, emergency
142	preparedness, recreation, law enforcement, mutual aid, and
143	housing and which, prior to September 1, 2003, amends its zoning
144	code to include a representative of the military installation as
145	a member of the local development review committee shall be
146	exempt from the requirement to prepare a military readiness
147	element as a mandatory element of its comprehensive plan but may
148	prepare such an element as an optional element.
149	Section 4. Paragraph (m) is added to subsection (1) of
150	section 163.3187, Florida Statutes, to read:
151	163.3187 Amendment of adopted comprehensive plan.--
152	(1) Amendments to comprehensive plans adopted pursuant to
153	this part may be made not more than two times during any
154	calendar year, except:
155	(m) A comprehensive plan amendment relating to military
156	readiness may be made at any time and does not count toward the
157	limitation on the frequency of plan amendments.
158	Section 5. This act shall take effect upon becoming a law.