HB 0705 2004
1	A bill to be entitled
2	An act relating to military affairs; creating s. 14.2018,
3	F.S.; creating the Office of Military and State Relations
4	within the Executive Office of the Governor; providing
5	powers and duties of the office; creating s. 163.3175,
6	F.S.; providing legislative findings with respect to the
7	compatibility of land development with military
8	installations; providing for the exchange of information
9	relating to proposed land use decisions between counties
10	and local governments and military installations;
11	providing for responsive comments by the commanding
12	officer or his or her designee; requiring the county or
13	affected local government to take such comments into
14	consideration; providing that a representative of the
15	military installation shall be an ex-officio nonvoting
16	member of the county's or local government's land planning
17	or zoning board; encouraging the commanding officer to
18	provide information on community planning assistance
19	grants; providing definitions; amending s. 163.3177, F.S.;
20	providing for the future land use plan element of
21	comprehensive plans to include compatibility with military
22	installations; requiring the inclusion of criteria for
23	achieving compatibility with military installations;
24	requiring local governments to update or amend their
25	comprehensive plan by a certain date; providing for the
26	coordination by the state land planning agency and the
27	Department of Defense on land use compatibility issues for
28	military installations; amending s. 163.3187, F.S.;
29	providing that amendments to address compatibility or
30	include criteria do not count toward the limitation on
31	frequency of amending comprehensive plans; amending s.
32	163.3191, F.S.; providing that evaluations of
33	comprehensive plans include whether criteria were
34	successful in resolving land use compatibility uses around
35	military installations; amending s. 288.980, F.S.;
36	creating the Military Base Protection Grant program;
37	providing an appropriation to fund such program; providing
38	purpose and implementation of the program; providing
39	program requirements; providing an effective date.
40
41	Be It Enacted by the Legislature of the State of Florida:
42
43	Section 1. Section 14.2018, Florida Statutes, is created
44	to read:
45	14.2018 Office of Military and State Relations; creation;
46	powers and duties.--
47	(1) The Office of Military and State Relations is created
48	within the Executive Office of the Governor. The director of
49	the Office of Military and State Relations shall be appointed
50	by, and serve at the pleasure of, the Governor.
51	(2) The purpose of the office is to assist the Governor in
52	working with the state's military installations, unified
53	commands, military communities, state agencies, and economic
54	development professionals to formulate and implement strategies
55	designed to protect Florida's military bases from closure or
56	realignment, boost the state's economic well-being, and keep
57	Florida a military-friendly state. To accomplish these purposes,
58	the office shall:
59	(a) Advise and assist the Governor on issues relating to
60	the federal base realignment and closure process and other base
61	modifications occurring outside that process.
62	(b) Assist Enterprise Florida, Inc., in focusing the
63	state's resources on developing and expanding Florida's military
64	and associated defense industries.
65	(c) Assist the Florida Defense Alliance in its objective
66	of keeping Florida in a competitive position with other states
67	that have significant military populations.
68	(d) Interact with state agencies to determine how those
69	agencies can better serve host military communities and
70	Florida's military families.
71	(e) Assist volunteer efforts by Florida's military
72	families and support groups that address quality-of-life issues
73	for our servicemen and servicewomen, their spouses, and their
74	dependents.
75	(f) Perform such other duties as the Governor directs.
76	(3) The activities of this office may not interfere with
77	the responsibilities or jurisdiction of the Department of
78	Military Affairs or the Adjutant General under chapter 250.
79	Section 2. Section 163.3175, Florida Statutes, is created
80	to read:
81	163.3175 Legislative findings on compatibility of
82	development with military installations; exchange of information
83	between local governments and military installations.--
84	(1) The Legislature finds that incompatible development of
85	land close to military installations can adversely affect the
86	ability of a military installation to carry out its mission. The
87	Legislature further finds that incompatible development also
88	threatens the public safety because of the possibility of
89	accidents occurring within the areas surrounding a military
90	installation. In addition, the economic vitality of a community
91	is affected when military operations and missions must relocate
92	because of urban encroachment. Therefore, the Legislature finds
93	it desirable for local governments in the state to cooperate
94	with military installations to encourage compatible land use,
95	help prevent encroachment, and facilitate the continued presence
96	of major military installations in this state.
97	(2) Each county in which a military installation is either
98	wholly or partially located and each affected local government
99	must transmit to the commanding officer of the installation
100	information relating to proposed changes to comprehensive plans,
101	plan amendments, and proposed changes to land development
102	regulations, including zoning changes and development orders
103	that, if approved, would affect the intensity, density, or use
104	of the land surrounding the military installation. Each county
105	and affected local government shall provide the military
106	installation an opportunity to review and comment on the
107	proposed changes.
108	(3) The commanding officer or his or her designee may
109	provide comments to the county or affected local government on
110	the impact such proposed changes may have on the military
111	installation. Such comments may include, but are not limited
112	to:
113	(a) If the installation has an airfield, whether the
114	proposed changes will be incompatible with the safety and noise
115	standards contained in the Air Installation Compatible Use Zone
116	standards prepared for that airfield;
117	(b) Whether the proposed changes are incompatible with the
118	Installation Noise Management Plan under the United States
119	Army's Environmental Noise Management Program;
120	(c) Whether the proposed changes are incompatible with the
121	findings of a federal Joint Land Use Study for the area if one
122	has been completed;
123	(d) How the public health, safety, and welfare will be
124	impacted by any such incompatibility;
125	(e) Whether the proposed changes support compatible land
126	uses; and
127	(f) Whether reasonable provisions are being made for
128	preserving open space.
129	(4) The county or affected local government shall take
130	into consideration any comments provided by the commanding
131	officer or his or her designee when making such comprehensive
132	planning, land development regulation, zoning, or development
133	order decision. The county or affected local government shall
134	forward a copy of any such comments to the state land planning
135	agency and the Office of Military and State Relations.
136	(5) To facilitate the exchange of information provided for
137	in this section, a representative of the military installation
138	shall be included as an ex officio, nonvoting member of the
139	county's or affected local government's land planning or zoning
140	board.
141	(6) The commanding officer is encouraged to provide
142	information about any community planning assistance grants that
143	may be available to a county or affected local government
144	through the federal Office of Economic Adjustment as an
145	incentive for communities to participate in a joint planning
146	process that would facilitate the compatibility of community
147	planning and the activities and mission of the military
148	installation.
149	(7) As used in this section, the term:
150	(a) "Affected local government" means a municipality
151	adjacent or proximate to a military installation as determined
152	by the state land planning agency.
153	(b) "Military installation" means a base, camp, post,
154	station, airfield, yard, center, homeport facility for any ship,
155	or other location under the jurisdiction of the Department of
156	Defense, including any leased facility. Such term does not
157	include any facility used primarily for civil works, rivers and
158	harbors projects, or flood control projects.
159	Section 3. Paragraph (a) of subsection (6) and paragraph
160	(l) of subsection (10) of section 163.3177, Florida Statutes,
161	are amended to read:
162	163.3177 Required and optional elements of comprehensive
163	plan; studies and surveys.--
164	(6) In addition to the requirements of subsections (1)-
165	(5), the comprehensive plan shall include the following
166	elements:
167	(a) A future land use plan element designating proposed
168	future general distribution, location, and extent of the uses of
169	land for residential uses, commercial uses, industry,
170	agriculture, recreation, conservation, education, public
171	buildings and grounds, other public facilities, and other
172	categories of the public and private uses of land. Each future
173	land use category must be defined in terms of uses included, and
174	must include standards to be followed in the control and
175	distribution of population densities and building and structure
176	intensities. The proposed distribution, location, and extent of
177	the various categories of land use shall be shown on a land use
178	map or map series which shall be supplemented by goals,
179	policies, and measurable objectives. The future land use plan
180	shall be based upon surveys, studies, and data regarding the
181	area, including the amount of land required to accommodate
182	anticipated growth; the projected population of the area; the
183	character of undeveloped land; the availability of public
184	services; the need for redevelopment, including the renewal of
185	blighted areas and the elimination of nonconforming uses which
186	are inconsistent with the character of the community; the
187	compatibility with military installations;and, in rural
188	communities, the need for job creation, capital investment, and
189	economic development that will strengthen and diversify the
190	community's economy. The future land use plan may designate
191	areas for future planned development use involving combinations
192	of types of uses for which special regulations may be necessary
193	to ensure development in accord with the principles and
194	standards of the comprehensive plan and this act. The future
195	land use plan element shall include criteria to be used to
196	achieve compatibility with military installations.In addition,
197	for rural communities, the amount of land designated for future
198	planned industrial use shall be based upon surveys and studies
199	that reflect the need for job creation, capital investment, and
200	the necessity to strengthen and diversify the local economies,
201	and shall not be limited solely by the projected population of
202	the rural community. The future land use plan of a county may
203	also designate areas for possible future municipal
204	incorporation. The land use maps or map series shall generally
205	identify and depict historic district boundaries and shall
206	designate historically significant properties meriting
207	protection. The future land use element must clearly identify
208	the land use categories in which public schools are an allowable
209	use. When delineating the land use categories in which public
210	schools are an allowable use, a local government shall include
211	in the categories sufficient land proximate to residential
212	development to meet the projected needs for schools in
213	coordination with public school boards and may establish
214	differing criteria for schools of different type or size. Each
215	local government shall include lands contiguous to existing
216	school sites, to the maximum extent possible, within the land
217	use categories in which public schools are an allowable use. All
218	comprehensive plans must comply with the school siting
219	requirements of this paragraph no later than October 1, 1999.
220	The failure by a local government to comply with these school
221	siting requirements by October 1, 1999, will result in the
222	prohibition of the local government's ability to amend the local
223	comprehensive plan, except for plan amendments described in s.
224	163.3187(1)(b), until the school siting requirements are met.
225	Amendments proposed by a local government for purposes of
226	identifying the land use categories in which public schools are
227	an allowable use or for adopting or amending the school-siting
228	maps pursuant to s. 163.31776(3) are exempt from the limitation
229	on the frequency of plan amendments contained in s. 163.3187.
230	The future land use element shall include criteria that
231	encourage the location of schools proximate to urban residential
232	areas to the extent possible and shall require that the local
233	government seek to collocate public facilities, such as parks,
234	libraries, and community centers, with schools to the extent
235	possible and to encourage the use of elementary schools as focal
236	points for neighborhoods. For schools serving predominantly
237	rural counties, defined as a county with a population of 100,000
238	or fewer, an agricultural land use category shall be eligible
239	for the location of public school facilities if the local
240	comprehensive plan contains school siting criteria and the
241	location is consistent with such criteria. Local governments
242	required to update or amend their comprehensive plan to include
243	criteria and address compatibility with existing military
244	installations in their future land use plan element shall
245	transmit the update or amendment to the department by June 30,
246	2005.
247	(10) The Legislature recognizes the importance and
248	significance of chapter 9J-5, Florida Administrative Code, the
249	Minimum Criteria for Review of Local Government Comprehensive
250	Plans and Determination of Compliance of the Department of
251	Community Affairs that will be used to determine compliance of
252	local comprehensive plans. The Legislature reserved unto itself
253	the right to review chapter 9J-5, Florida Administrative Code,
254	and to reject, modify, or take no action relative to this rule.
255	Therefore, pursuant to subsection (9), the Legislature hereby
256	has reviewed chapter 9J-5, Florida Administrative Code, and
257	expresses the following legislative intent:
258	(l) The state land planning agency shall consider land use
259	compatibility issues in the vicinity of all airports in
260	coordination with the Department of Transportation and for
261	military installations in coordination with the Department of
262	Defense.
263	Section 4. Paragraph (m) is added to subsection (1) of
264	section 163.3187, Florida Statutes, to read:
265	163.3187 Amendment of adopted comprehensive plan.--
266	(1) Amendments to comprehensive plans adopted pursuant to
267	this part may be made not more than two times during any
268	calendar year, except:
269	(m) A comprehensive plan amendment that addresses criteria
270	or compatibility with military installations in a local
271	government's future land use plan element does not count toward
272	the limitation on the frequency of the plan amendments.
273	Section 5. Paragraph (n) is added to subsection (2) of
274	section 163.3191, Florida Statutes, to read:
275	163.3191 Evaluation and appraisal of comprehensive plan.--
276	(2) The report shall present an evaluation and assessment
277	of the comprehensive plan and shall contain appropriate
278	statements to update the comprehensive plan, including, but not
279	limited to, words, maps, illustrations, or other media, related
280	to:
281	(n) An evaluation of whether the criteria for achieving
282	compatibility with military installations identified in the
283	future land use element were successful in resolving land use
284	compatibility issues around military installations.
285	Section 6. Present subsections (4) through (8) of section
286	288.980, Florida Statutes, are renumbered as subsections (5)
287	through (9), respectively, and a new subsection (4) is added to
288	said section to read:
289	288.980 Military base retention; legislative intent;
290	grants program.--
291	(4) The Military Base Protection Grant Program is created.
292	The Director of the Office of Tourism, Trade, and Economic
293	Development shall coordinate and implement the program. The sum
294	of $12 million is appropriated from the General Revenue Fund for
295	fiscal year 2004-2005 to the Office of Tourism, Trade, and
296	Economic Development to implement the program, the purpose of
297	which is to support local infrastructure projects deemed to have
298	a positive impact on the military value of installations within
299	the state. Funds are to be used for projects that benefit both
300	the local community and the military installation. However, it
301	is not the intent of the program to fund on-base military
302	construction projects. Infrastructure projects to be funded
303	under the program include, but are not limited to, those related
304	to encroachment, transportation and access, utilities,
305	communications, housing, environment, and security. Grant
306	requests will be accepted only from economic development
307	applicants serving in the official capacity of a governing board
308	of a county, municipality, special district, or state agency
309	that will have the authority to maintain the project upon
310	completion. An applicant must represent a community or county in
311	which a military installation is wholly or partially located.
312	There is no limit on the amount of any grant awarded to an
313	applicant. A matching contribution by the county or local
314	community may be required. The Office of Tourism, Trade, and
315	Economic Development shall establish guidelines to implement the
316	purpose of this subsection.
317	Section 7. This act shall take effect upon becoming a law.