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