HB 0095B 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; amending s. 163.3164, F.S.; providing a
6	definition of military installations; amending s.
7	163.3177, F.S.; providing for consideration of the
8	compatibility with military installations in developing a
9	future land use element to a comprehensive plan; providing
10	for the state land planning agency to coordinate with the
11	Department of Defense on use compatibility issues relating
12	to military installations; creating s. 163.31779, F.S.;
13	requiring certain counties and municipalities to enter
14	into memoranda of agreement with military installations to
15	coordinate future land use changes, local government
16	comprehensive plans, land development regulations, and
17	development orders; requiring a schedule for completion of
18	such agreements; requiring local governments to seek
19	public advice on such agreements; identifying provisions
20	that must be included in such agreements at a minimum;
21	requiring such agreements to be consistent with adopted
22	comprehensive plans or amendments to such plans adopted
23	within one year after execution of the agreement;
24	providing for the provision of information regarding
25	community planning assistance grants; amending s.
26	163.3187, F.S.; exempting from certain restrictions on the
27	adoption of amendments to comprehensive plans an amendment
28	that addresses compatibility with military installations
29	based on a memorandum of agreement; amending s. 163.3191,
30	F.S.; requiring an evaluation of the success or failure of
31	the military installation memorandum of agreement in
32	resolving land use compatibility; amending s. 163.3167,
33	F.S.; prohibiting certain judicial abrogation of quasi-
34	judicial development orders issued by local governments;
35	providing for retroactive application; providing for
36	construction of the act in pari materia with laws enacted
37	during the 2003 Regular Session or the 2003 Special
38	Session A of the Legislature; providing effective dates.
39
40	Be It Enacted by the Legislature of the State of Florida:
41
42	Section 1. Section 163.3175, Florida Statutes, is created
43	to read:
44	163.3175 Legislative findings on compatibility of
45	development with military installations; exchange of information
46	between local governments and military installations.--
47	(1) The Legislature finds that incompatible development of
48	land close to military installations can adversely affect the
49	ability of such an installation to carry out its mission. The
50	Legislature further finds that such development also threatens
51	the public safety because of the possibility of accidents
52	occurring within the areas surrounding a military installation.
53	In addition, the economic health of a community is affected if
54	military operations and missions must relocate because of urban
55	encroachment. Therefore, the Legislature finds it desirable for
56	the local governments in the state to cooperate with military
57	installations to encourage compatible land use, help prevent
58	encroachment, and facilitate the continued presence of major
59	military installations in this state.
60	Section 2. Subsection (32) is added to section 163.3164,
61	Florida Statutes, to read:
62	163.3164 Local Government Comprehensive Planning and Land
63	Development Regulation Act; definitions.--As used in this act:
64	(32) "Military installation" means a base, camp, post,
65	homeport facility for any ship, or other location under the
66	jurisdiction of the Department of Defense, including any leased
67	facility. Such term does not include any facility used
68	primarily for civil works, docking facilities, rivers and
69	harbors projects, or flood control projects.
70	Section 3. Paragraph (a) of subsection (6) and paragraph
71	(l) of subsection (10) of section 163.3177, Florida Statutes,
72	are amended to read:
73	163.3177 Required and optional elements of comprehensive
74	plan; studies and surveys.--
75	(6) In addition to the requirements of subsections (1)-
76	(5), the comprehensive plan shall include the following
77	elements:
78	(a) A future land use plan element designating proposed
79	future general distribution, location, and extent of the uses of
80	land for residential uses, commercial uses, industry,
81	agriculture, recreation, conservation, education, public
82	buildings and grounds, other public facilities, and other
83	categories of the public and private uses of land. Each future
84	land use category must be defined in terms of uses included, and
85	must include standards to be followed in the control and
86	distribution of population densities and building and structure
87	intensities. The proposed distribution, location, and extent of
88	the various categories of land use shall be shown on a land use
89	map or map series which shall be supplemented by goals,
90	policies, and measurable objectives. The future land use plan
91	shall be based upon surveys, studies, and data regarding the
92	area, including the amount of land required to accommodate
93	anticipated growth; the projected population of the area; the
94	character of undeveloped land; the availability of public
95	services; the need for redevelopment, including the renewal of
96	blighted areas and the elimination of nonconforming uses which
97	are inconsistent with the character of the community; the
98	compatibility with military installations;and, in rural
99	communities, the need for job creation, capital investment, and
100	economic development that will strengthen and diversify the
101	community's economy. The future land use plan may designate
102	areas for future planned development use involving combinations
103	of types of uses for which special regulations may be necessary
104	to ensure development in accord with the principles and
105	standards of the comprehensive plan and this act. In addition,
106	for rural communities, the amount of land designated for future
107	planned industrial use shall be based upon surveys and studies
108	that reflect the need for job creation, capital investment, and
109	the necessity to strengthen and diversify the local economies,
110	and shall not be limited solely by the projected population of
111	the rural community. The future land use plan of a county may
112	also designate areas for possible future municipal
113	incorporation. The land use maps or map series shall generally
114	identify and depict historic district boundaries and shall
115	designate historically significant properties meriting
116	protection. The future land use element must clearly identify
117	the land use categories in which public schools are an allowable
118	use. When delineating the land use categories in which public
119	schools are an allowable use, a local government shall include
120	in the categories sufficient land proximate to residential
121	development to meet the projected needs for schools in
122	coordination with public school boards and may establish
123	differing criteria for schools of different type or size. Each
124	local government shall include lands contiguous to existing
125	school sites, to the maximum extent possible, within the land
126	use categories in which public schools are an allowable use. All
127	comprehensive plans must comply with the school siting
128	requirements of this paragraph no later than October 1, 1999.
129	The failure by a local government to comply with these school
130	siting requirements by October 1, 1999, will result in the
131	prohibition of the local government's ability to amend the local
132	comprehensive plan, except for plan amendments described in s.
133	163.3187(1)(b), until the school siting requirements are met.
134	Amendments proposed by a local government for purposes of
135	identifying the land use categories in which public schools are
136	an allowable use or for adopting or amending the school-siting
137	maps pursuant to s. 163.31776(3) are exempt from the limitation
138	on the frequency of plan amendments contained in s. 163.3187.
139	The future land use element shall include criteria that
140	encourage the location of schools proximate to urban residential
141	areas to the extent possible and shall require that the local
142	government seek to collocate public facilities, such as parks,
143	libraries, and community centers, with schools to the extent
144	possible and to encourage the use of elementary schools as focal
145	points for neighborhoods. For schools serving predominantly
146	rural counties, defined as a county with a population of 100,000
147	or fewer, an agricultural land use category shall be eligible
148	for the location of public school facilities if the local
149	comprehensive plan contains school siting criteria and the
150	location is consistent with such criteria.
151	(10) The Legislature recognizes the importance and
152	significance of chapter 9J-5, Florida Administrative Code, the
153	Minimum Criteria for Review of Local Government Comprehensive
154	Plans and Determination of Compliance of the Department of
155	Community Affairs that will be used to determine compliance of
156	local comprehensive plans. The Legislature reserved unto itself
157	the right to review chapter 9J-5, Florida Administrative Code,
158	and to reject, modify, or take no action relative to this rule.
159	Therefore, pursuant to subsection (9), the Legislature hereby
160	has reviewed chapter 9J-5, Florida Administrative Code, and
161	expresses the following legislative intent:
162	(l) The state land planning agency shall consider land use
163	compatibility issues in the vicinity of all airports in
164	coordination with the Department of Transportation, and for
165	military installations in coordination with the Department of
166	Defense.
167	Section 4. Section 163.31779, Florida Statutes, is created
168	to read:
169	163.31779 Military installation memorandum of agreement.--
170	(1)(a) The county or counties in which a military
171	installation is either wholly or partially located and those
172	municipalities adjacent to or proximate to the military
173	installation, as determined by the state land planning agency
174	based on the recommendations of the governing bodies of the
175	affected counties and municipalities and the commanding officer
176	whose primary responsibility is the operation of the military
177	installation, shall enter into a memorandum of agreement with
178	the military installation to coordinate future land use changes
179	including the local government comprehensive plan, land
180	development regulations, and development orders.
181	(b) The agreements shall be completed in accordance with a
182	schedule published by the state land planning agency. The
183	schedule must establish staggered due dates for completion of
184	such agreements that are executed by both the local government
185	and the military installation, concluding by July 1, 2004.
186	(c) The military installation, the county or counties in
187	which the military installation either wholly or partially is
188	located, and the affected municipalities that are adjacent to or
189	proximate to the military installation as determined by the
190	state land planning agency are encouraged to adopt a single
191	memorandum of agreement to which all join as parties. The state
192	land planning agency shall assemble and make available model
193	agreements meeting the requirements of this section and shall
194	notify local governments and military installations of the
195	requirements of this section. The state land planning agency
196	shall be available to informally review proposed agreements.
197	(2) In preparing to adopt a memorandum of agreement, the
198	local government must seek advice from residents of the local
199	government and others who are likely to be affected by its
200	provisions including, but not limited to, builders, developers,
201	conservation groups, representatives of the United States Armed
202	Services, and neighborhood groups.
203	(3) At a minimum, the memorandum of agreement must:
204	(a) Coordinate planning activities between the local
205	government and military installation to determine how the public
206	health, safety, and welfare is likely to be affected by the
207	proximity of development to the military installation, operating
208	areas, and ranges.
209	(b) Coordinate planning activities between the local
210	government and military installation to make reasonable
211	provisions for preserving open space and compatible land uses
212	near the military installation.
213	(c) Coordinate planning activities between the local
214	government and military installation to evaluate land proximate
215	to the military installation taking into consideration the
216	findings of any Department of Defense Joint Land Use Study
217	Program, any Air Installation Compatible Use Zone (AICUZ), and
218	any Installation Environmental Noise Management Program (IENMP,
219	which was formerly the Installation Compatible Use Zone, or
220	ICUZ, program).
221	(d) Provide for a process by which the affected local
222	governments and the military installation coordinate and share
223	information relating to comprehensive plans and plan amendments,
224	land development regulations and changes thereto including
225	zoning changes, and development orders. The affected local
226	governments shall provide the military installation an
227	opportunity to review and comment on comprehensive plans, plan
228	amendments, land development regulations and changes thereto,
229	and development orders. The local government shall consider
230	those comments, if any, when adopting such plans or regulations
231	or when approving development orders. Comments on plan
232	amendments may be provided to the department for consideration
233	in its compliance review.
234	(e) Provide for the resolution of disputes between the
235	military installation and local governments, which may include
236	the dispute resolution processes contained in chapters 164 and
237	186.
238	(f) Provide for an oversight process, including an
239	opportunity for public participation, for the implementation of
240	the memorandum of agreement.
241	(g) Provide for the identification of amendments to the
242	comprehensive plan needed to ensure compatibility with the
243	military installation and consistency with the interlocal
244	agreement.
245	(4) A memorandum of agreement entered into pursuant to
246	this section must be consistent with the adopted comprehensive
247	plan, or an amendment to such plan adopted within 1 year after
248	execution of the agreement, and land development regulations of
249	any local government that is a signatory.
250	(5) The commanding officer whose primary responsibility is
251	the operation of the military installation is encouraged to
252	provide information about any community planning assistance
253	grants that might be available to the local government through
254	the federal Office of Economic Adjustment as an incentive for
255	communities to participate in the Joint Land Use Study Program
256	to facilitate the compatibility of community planning and
257	activities vital to the national defense.
258	Section 5. A new paragraph (m) is added to subsection (1)
259	of section 163.3187, Florida Statutes, to read:
260	163.3187 Amendment of adopted comprehensive plan.--
261	(1) Amendments to comprehensive plans adopted pursuant to
262	this part may be made not more than two times during any
263	calendar year, except:
264	(m) A comprehensive plan amendment that addresses
265	compatibility with military installations pursuant to the
266	military installation memorandum of agreement, does not count
267	toward the limitation on the frequency of plan amendments.
268	Section 6. A new paragraph (n) is added to subsection (2)
269	of section 163.3191, Florida Statutes, to read:
270	163.3191 Evaluation and appraisal of comprehensive plan.--
271	(2) The report shall present an evaluation and assessment
272	of the comprehensive plan and shall contain appropriate
273	statements to update the comprehensive plan, including, but not
274	limited to, words, maps, illustrations, or other media, related
275	to:
276	(n) An evaluation of the success or failure of the
277	military installation memorandum of agreement in resolving land
278	use compatibility in the proximity of military installations.
279	Section 7. Subsection (13) is added to section 163.3167,
280	Florida Statutes, to read:
281	163.3167 Scope of act.--
282	(13)(a) If a local government grants a quasi-judicial
283	development order pursuant to its adopted land development
284	regulations and the order is not the subject of a pending
285	appeal, the right to commence and complete development pursuant
286	to the order may not be abrogated by a subsequent judicial
287	determination that such land development regulations or any
288	portion thereof are invalid because of a deficiency in the
289	approval standards.
290	(b) This subsection does not preclude or affect the timely
291	institution of a common law writ of certiorari proceeding
292	pursuant to Rule 9.190, Florida Rules of Appellate Procedure or
293	original proceedings pursuant to s. 163.3215.
294	(c) This subsection applies retroactively to any order
295	granted on or after January 1, 2002.
296	Section 8. If any law amended by this act was also amended
297	by a law enacted at the 2003 Regular Session of the Legislature
298	or at the 2003 Special Session A of the Legislature, such laws
299	shall be construed as if they had been enacted at the same
300	session of the Legislature, and full effect shall be given to
301	each if possible.
302	Section 9. This act shall take effect July 1, 2003, except
303	that this section, section 4, and section 7 of this act shall
304	take effect upon becoming a law.