| 1 | The Committee on Commerce recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act relating to military affairs; creating s. 14.2018, |
| 8 | F.S.; creating the Office of Military and State Relations; |
| 9 | providing for its powers and duties; creating s. 163.3175, |
| 10 | F.S.; providing legislative findings on the compatibility |
| 11 | of development with military installations; providing for |
| 12 | the exchange of information relating to proposed land use |
| 13 | decisions between counties and local governments and |
| 14 | military installations; providing for responsive comments |
| 15 | by the commanding officer or his or her designee; |
| 16 | providing for the county or affected local government to |
| 17 | take such comments into consideration; providing for a |
| 18 | representative of the military installation to be an ex- |
| 19 | officio, nonvoting member of the county's or local |
| 20 | government's land planning or zoning board; encouraging |
| 21 | the commanding officer to provide information on community |
| 22 | planning assistance grants; providing definitions; |
| 23 | amending s. 163.3177, F.S.; providing for the future land |
| 24 | use plan element of comprehensive plans to include |
| 25 | compatibility of uses of lands adjacent to or closely |
| 26 | proximate to military installations; requiring the |
| 27 | inclusion of criteria; requiring local governments to |
| 28 | update or amend their comprehensive plan by a certain |
| 29 | date; providing for the coordination by the state land |
| 30 | planning agency and the Department of Defense on |
| 31 | compatibility issues for military installations; amending |
| 32 | s. 163.3187, F.S.; providing that amendments that address |
| 33 | criteria or compatibility of land uses do not count toward |
| 34 | the limitation on frequency of amending comprehensive |
| 35 | plans; amending s. 163.3191, F.S.; providing that |
| 36 | evaluations of comprehensive plans include an evaluation |
| 37 | of whether such criteria were successful in resolving land |
| 38 | use compatibility uses for land adjacent to or in close |
| 39 | proximity to military installations; amending s. 288.980, |
| 40 | F.S.; creating the Military Base Protection Grant Program; |
| 41 | providing an appropriation to fund such program; providing |
| 42 | the purpose and for implementation of the program; |
| 43 | providing an effective date. |
| 44 |
|
| 45 | Be It Enacted by the Legislature of the State of Florida: |
| 46 |
|
| 47 | Section 1. Section 14.2018, Florida Statutes, is created |
| 48 | to read: |
| 49 | 14.2018 Office of Military and State Relations; creation; |
| 50 | powers and duties.-- |
| 51 | (1) The Office of Military and State Relations is created |
| 52 | within the Executive Office of the Governor. The director of |
| 53 | the Office of Military and State Relations shall be appointed |
| 54 | by, and serve at the pleasure of, the Governor. |
| 55 | (2) The purpose of the office is to assist the Governor in |
| 56 | working with the state's military installations, unified |
| 57 | commands, military communities, state agencies, and economic |
| 58 | development professionals to formulate and implement strategies |
| 59 | designed to protect Florida's bases from closure or realignment, |
| 60 | boost the state's economic well-being, and keep Florida a |
| 61 | military-friendly state. To accomplish such purposes, the office |
| 62 | shall: |
| 63 | (a) Advise and assist the Governor on issues relating to |
| 64 | the federal base realignment and closure process and other base |
| 65 | modifications occurring outside that process. |
| 66 | (b) Assist Enterprise Florida, Inc., in focusing the |
| 67 | state's resources on developing and expanding Florida's military |
| 68 | and associated defense industries. |
| 69 | (c) Assist the Florida Defense Alliance in its activities |
| 70 | of keeping Florida in a competitive position with other states |
| 71 | that have significant military populations. |
| 72 | (d) Interact with state agencies to determine how those |
| 73 | agencies can better serve host military communities and |
| 74 | Florida's military families. |
| 75 | (e) Assist the volunteer efforts by Florida's military |
| 76 | families and support groups that address quality-of-life issues |
| 77 | for men and women serving in the Armed Forces, their spouses, |
| 78 | and their dependents. |
| 79 | (f) Perform such other duties as the Governor directs. |
| 80 | (3) Activities of this office may not interfere with the |
| 81 | responsibilities or jurisdiction of the Department of Military |
| 82 | Affairs and of the Adjutant General under chapter 250. |
| 83 | Section 2. Section 163.3175, Florida Statutes, is created |
| 84 | to read: |
| 85 | 163.3175 Legislative findings on compatibility of |
| 86 | development with military installations; exchange of information |
| 87 | between local governments and military installations.-- |
| 88 | (1) The Legislature finds that incompatible development of |
| 89 | land close to military installations can adversely affect the |
| 90 | ability of such an installation to carry out its mission. The |
| 91 | Legislature further finds that such development also threatens |
| 92 | the public safety because of the possibility of accidents |
| 93 | occurring within the areas surrounding a military installation. |
| 94 | In addition, the economic vitality of a community is affected |
| 95 | when military operations and missions must relocate because of |
| 96 | incompatible urban encroachment. Therefore, the Legislature |
| 97 | finds it desirable for the local governments in the state to |
| 98 | cooperate with military installations to encourage compatible |
| 99 | land use, help prevent incompatible encroachment, and facilitate |
| 100 | the continued presence of major military installations in this |
| 101 | state. |
| 102 | (2) Each county in which a military installation is either |
| 103 | wholly or partially located and each affected local government |
| 104 | must transmit to the commanding officer of that installation |
| 105 | information relating to proposed changes to comprehensive plans, |
| 106 | plan amendments, and proposed changes to land development |
| 107 | regulations which, if approved, would affect the intensity, |
| 108 | density, or use of the land adjacent to or in close proximity to |
| 109 | the military installation. Each county and affected local |
| 110 | government shall provide the military installation an |
| 111 | opportunity to review and comment on the proposed changes. |
| 112 | (3) The commanding officer or his or her designee may |
| 113 | provide comments to the county or affected local government on |
| 114 | the impact such proposed changes may have on the mission of the |
| 115 | military installation. Such comments may include: |
| 116 | (a) If the installation has an airfield, whether such |
| 117 | proposed changes will be incompatible with the safety and noise |
| 118 | standards contained in the Air Installation Compatible Use Zone |
| 119 | adopted by the military installation for that airfield; |
| 120 | (b) Whether such changes are incompatible with the |
| 121 | Installation Environmental Noise Management Program of the |
| 122 | United States Army; |
| 123 | (c) Whether such changes are incompatible with the |
| 124 | findings of a Joint Land Use Study for the area if one has been |
| 125 | completed; and |
| 126 | (d) Whether the military installation's mission will be |
| 127 | adversely affected by the proposed actions of the county or |
| 128 | affected local government. |
| 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 decision |
| 132 | regarding comprehensive planning or land development regulation. |
| 133 | The county or affected local government shall forward a copy of |
| 134 | any such comments to the state land planning agency and the |
| 135 | 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 to or in close proximity to the military installation |
| 152 | as determined by the state land planning agency. |
| 153 | (b) "Military installation" means a base, camp, post, |
| 154 | station, airfield, yard, center, home port facility for any |
| 155 | ship, or other land area under the jurisdiction of the |
| 156 | Department of Defense, including any leased facility. Such term |
| 157 | does not include any facility used primarily for civil works, |
| 158 | rivers and 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 of uses on lands adjacent to or closely proximate |
| 188 | to military installations; and, in rural communities, the need |
| 189 | for job creation, capital investment, and economic development |
| 190 | that will strengthen and diversify the community's economy. The |
| 191 | future land use plan may designate areas for future planned |
| 192 | development use involving combinations of types of uses for |
| 193 | which special regulations may be necessary to ensure development |
| 194 | in accord with the principles and standards of the comprehensive |
| 195 | plan and this act. The future land use plan element shall |
| 196 | include criteria to be used to achieve the compatibility of |
| 197 | adjacent or closely proximate lands with military installations. |
| 198 | In addition, for rural communities, the amount of land |
| 199 | designated for future planned industrial use shall be based upon |
| 200 | surveys and studies that reflect the need for job creation, |
| 201 | capital investment, and the necessity to strengthen and |
| 202 | diversify the local economies, and shall not be limited solely |
| 203 | by the projected population of the rural community. The future |
| 204 | land use plan of a county may also designate areas for possible |
| 205 | future municipal incorporation. The land use maps or map series |
| 206 | shall generally identify and depict historic district boundaries |
| 207 | and shall designate historically significant properties meriting |
| 208 | protection. The future land use element must clearly identify |
| 209 | the land use categories in which public schools are an allowable |
| 210 | use. When delineating the land use categories in which public |
| 211 | schools are an allowable use, a local government shall include |
| 212 | in the categories sufficient land proximate to residential |
| 213 | development to meet the projected needs for schools in |
| 214 | coordination with public school boards and may establish |
| 215 | differing criteria for schools of different type or size. Each |
| 216 | local government shall include lands contiguous to existing |
| 217 | school sites, to the maximum extent possible, within the land |
| 218 | use categories in which public schools are an allowable use. All |
| 219 | comprehensive plans must comply with the school siting |
| 220 | requirements of this paragraph no later than October 1, 1999. |
| 221 | The failure by a local government to comply with these school |
| 222 | siting requirements by October 1, 1999, will result in the |
| 223 | prohibition of the local government's ability to amend the local |
| 224 | comprehensive plan, except for plan amendments described in s. |
| 225 | 163.3187(1)(b), until the school siting requirements are met. |
| 226 | Amendments proposed by a local government for purposes of |
| 227 | identifying the land use categories in which public schools are |
| 228 | an allowable use or for adopting or amending the school-siting |
| 229 | maps pursuant to s. 163.31776(3) are exempt from the limitation |
| 230 | on the frequency of plan amendments contained in s. 163.3187. |
| 231 | The future land use element shall include criteria that |
| 232 | encourage the location of schools proximate to urban residential |
| 233 | areas to the extent possible and shall require that the local |
| 234 | government seek to collocate public facilities, such as parks, |
| 235 | libraries, and community centers, with schools to the extent |
| 236 | possible and to encourage the use of elementary schools as focal |
| 237 | points for neighborhoods. For schools serving predominantly |
| 238 | rural counties, defined as a county with a population of 100,000 |
| 239 | or fewer, an agricultural land use category shall be eligible |
| 240 | for the location of public school facilities if the local |
| 241 | comprehensive plan contains school siting criteria and the |
| 242 | location is consistent with such criteria. Local governments |
| 243 | required to update or amend their comprehensive plan to include |
| 244 | criteria and address compatibility of adjacent or closely |
| 245 | proximate lands with existing military installations in their |
| 246 | future land use plan element shall transmit the update or |
| 247 | amendment to the department by June 30, 2006. |
| 248 | (10) The Legislature recognizes the importance and |
| 249 | significance of chapter 9J-5, Florida Administrative Code, the |
| 250 | Minimum Criteria for Review of Local Government Comprehensive |
| 251 | Plans and Determination of Compliance of the Department of |
| 252 | Community Affairs that will be used to determine compliance of |
| 253 | local comprehensive plans. The Legislature reserved unto itself |
| 254 | the right to review chapter 9J-5, Florida Administrative Code, |
| 255 | and to reject, modify, or take no action relative to this rule. |
| 256 | Therefore, pursuant to subsection (9), the Legislature hereby |
| 257 | has reviewed chapter 9J-5, Florida Administrative Code, and |
| 258 | expresses the following legislative intent: |
| 259 | (l) The state land planning agency shall consider land use |
| 260 | compatibility issues in the vicinity of all airports in |
| 261 | coordination with the Department of Transportation and adjacent |
| 262 | to or in close proximity to all military installations in |
| 263 | coordination with the Department of Defense. |
| 264 | Section 4. Paragraph (m) is added to subsection (1) of |
| 265 | section 163.3187, Florida Statutes, to read: |
| 266 | 163.3187 Amendment of adopted comprehensive plan.-- |
| 267 | (1) Amendments to comprehensive plans adopted pursuant to |
| 268 | this part may be made not more than two times during any |
| 269 | calendar year, except: |
| 270 | (m) A comprehensive plan amendment that addresses criteria |
| 271 | or compatibility of land uses adjacent to or in close proximity |
| 272 | to military installations in a local government's future land |
| 273 | use element does not count toward the limitation on the |
| 274 | frequency of the plan amendments. |
| 275 | Section 5. Paragraph (n) is added to subsection (2) of |
| 276 | section 163.3191, Florida Statutes, to read: |
| 277 | 163.3191 Evaluation and appraisal of comprehensive plan.-- |
| 278 | (2) The report shall present an evaluation and assessment |
| 279 | of the comprehensive plan and shall contain appropriate |
| 280 | statements to update the comprehensive plan, including, but not |
| 281 | limited to, words, maps, illustrations, or other media, related |
| 282 | to: |
| 283 | (n) An evaluation of whether the criteria identified in |
| 284 | the future land use element were successful in resolving land |
| 285 | use compatibility issues for land adjacent to or in close |
| 286 | proximity to military installations. |
| 287 | Section 6. Present subsections (4), (5), (6), (7), and (8) |
| 288 | of section 288.980, Florida Statutes, are renumbered as |
| 289 | subsections (5), (6), (7), (8), and (9), respectively, and a new |
| 290 | subsection (4) is added to that section to read: |
| 291 | 288.980 Military base retention; legislative intent; |
| 292 | grants program.-- |
| 293 | (4) The Military Base Protection Grant Program is created. |
| 294 | The Director of the Office of Tourism, Trade, and Economic |
| 295 | Development shall coordinate and implement this program. The sum |
| 296 | of $12 million is appropriated from the General Revenue Fund for |
| 297 | fiscal year 2004-2005 to the Office of Tourism, Trade, and |
| 298 | Economic Development for this program, the purpose of which is |
| 299 | to support local infrastructure projects deemed to have a |
| 300 | positive impact on the military value of installations within |
| 301 | the state. Funds are to be used for projects that benefit both |
| 302 | the local community and the military installation. It is not the |
| 303 | intent, however, to fund on-base military construction projects. |
| 304 | Infrastructure projects to be funded under this program include, |
| 305 | but are not limited to, those related to encroachment, |
| 306 | transportation and access, utilities, communications, housing, |
| 307 | environment, and security. Grant requests will be accepted only |
| 308 | from economic development applicants serving in the official |
| 309 | capacity of a governing board of a county, municipality, special |
| 310 | district, or state agency that will have the authority to |
| 311 | maintain the project upon completion. An applicant must |
| 312 | represent a community or county in which a military installation |
| 313 | is located. There is no limit as to the amount of any grant |
| 314 | awarded to an applicant. A match by the county or local |
| 315 | community may be required. The Office of Tourism, Trade, and |
| 316 | Economic Development shall establish guidelines to implement the |
| 317 | purpose of this subsection. |
| 318 | Section 7. This act shall take effect upon becoming a law. |