Florida Senate - 2023 SB 1666
By Senator Wright
8-01435A-23 20231666__
1 A bill to be entitled
2 An act relating to marine encroachment on spaceflight
3 and military operations; amending s. 163.3175, F.S.;
4 revising legislative findings; encouraging the sharing
5 of information about certain community grants through
6 specified federal programs to facilitate the
7 compatibility and resiliency of community planning and
8 the activities and mission of a military installation
9 or range; amending s. 327.462, F.S.; requiring the
10 head of a law enforcement agency or entity to report
11 the establishment of a temporary protection zone to
12 the appropriate port authority; requiring the port
13 authority to direct a licensed state pilot or
14 certificated deputy pilot to hand deliver written
15 notice of such establishment and related penalties to
16 operators of certain vessels; requiring such operators
17 to sign and return such notice to the state pilot or
18 deputy pilot; providing penalties; amending ss.
19 163.3177, 163.3184, and 380.0651, F.S.; conforming
20 provisions to changes made by the act; making
21 technical changes; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Section 163.3175, Florida Statutes, is amended
26 to read:
27 163.3175 Legislative findings on compatibility of
28 development with military installations and ranges; exchange of
29 information between local governments and military installations
30 and ranges.—
31 (1) The Legislature finds that incompatible development on
32 of land and in state-controlled waters close to military
33 installations and ranges can adversely affect the ability of
34 such an installation or range to carry out its mission. The
35 Legislature further finds that such development also threatens
36 the public safety because of the possibility of accidents
37 occurring within the areas surrounding a military installation
38 or range. In addition, the economic vitality of a community is
39 affected when military operations and missions must relocate
40 because of incompatible urban encroachment. Therefore, the
41 Legislature finds it desirable for the local governments in the
42 state to cooperate with military installations and ranges to
43 encourage compatible land use and activities in state-controlled
44 waters, help prevent incompatible encroachment, and facilitate
45 the continued presence of major military installations and
46 ranges in this state.
47 (2) Certain major military installations and ranges, due to
48 their mission and activities, have a greater potential for
49 experiencing compatibility and coordination issues than others.
50 Consequently, this section and the provisions in s.
51 163.3177(6)(a), relating to compatibility of land development
52 and activities in state-controlled waters with military
53 installations and ranges, apply to specific affected local
54 governments in proximity to and in association with specific
55 military installations and ranges, as follows:
56 (a) Avon Park Air Force Range, associated with Highlands,
57 Okeechobee, Osceola, and Polk Counties and Avon Park, Sebring,
58 and Frostproof.
59 (b) Camp Blanding, associated with Clay, Bradford, and
60 Putnam Counties.
61 (c) Eglin Air Force Base and Hurlburt Field, associated
62 with Gulf, Okaloosa, Santa Rosa, and Walton Counties and Cinco
63 Bayou, Crestview, Destin, DeFuniak Springs, Fort Walton Beach,
64 Freeport, Laurel Hill, Mary Esther, Niceville, Shalimar, and
65 Valparaiso.
66 (d) Homestead Air Reserve Base, associated with Miami-Dade
67 County and Homestead.
68 (e) Jacksonville Training Range Complex, associated with
69 Lake, Marion, Putnam, and Volusia Counties.
70 (f) MacDill Air Force Base, associated with Hillsborough
71 County and Tampa.
72 (g) Naval Air Station Jacksonville, Marine Corps Support
73 Facility-Blount Island, and Outlying Landing Field Whitehouse,
74 and the Florida Air National Guard associated with Duval County
75 and Jacksonville.
76 (h) Naval Air Station Key West, including various annexes
77 across Boca Chica Key and Key West as well as the Fleming
78 Bay/Patton Water Drop Zone training range used by the Army
79 Special Forces Underwater Operations School, associated with
80 Monroe County and Key West.
81 (i) Naval Support Activity Orlando, including Bugg Spring
82 and Naval Ordnance Test Unit, associated with Orange, Brevard,
83 and Lake Counties, County and Orlando, Canaveral Port Authority,
84 and Okahumpka.
85 (j) Naval Support Activity Panama City, associated with Bay
86 County, Panama City, and Panama City Beach.
87 (k) Naval Air Station Pensacola, associated with Escambia
88 County.
89 (l) Naval Air Station Whiting Field and its outlying
90 landing fields, associated with Santa Rosa and Escambia
91 Counties.
92 (m) Naval Station Mayport, associated with Duval County,
93 Atlantic Beach, and Jacksonville.
94 (n) Patrick Space Force Base and Cape Canaveral Space Force
95 Station, associated with Brevard County, Canaveral Port
96 Authority, and Satellite Beach.
97 (o) Tyndall Air Force Base, associated with Bay County, and
98 Mexico Beach, and Parker.
99 (p) United States Southern Command, associated with Miami
100 Dade County and Doral.
101 (q) South Florida Ocean Measurement Facility, associated
102 with Broward County and Dania Beach.
103 (r) United States Coast Guard Sector Jacksonville,
104 including Station Mayport, Station Port Canaveral, Station Ponce
105 De Leon Inlet, Aids to Navigation Team Jacksonville, and
106 Helicopter Interdiction Tactical Squadron (HITRON), associated
107 with Duval, Brevard, and Volusia Counties and Jacksonville,
108 Jacksonville Beach, Atlantic Beach, Canaveral Port Authority,
109 and New Smyrna Beach.
110 (s) United States Coast Guard Sector Miami, including Base
111 Miami Beach, Station Fort Lauderdale, Station Fort Pierce, Air
112 Station Miami, Station Lake Worth Inlet, and Civil Engineering
113 Unit Miami, associated with St. Lucie, Palm Beach, Broward, and
114 Miami-Dade Counties and Fort Pierce, Riviera Beach, Dania Beach,
115 Opa-locka, Miami, and Miami Beach.
116 (t) United States Coast Guard Sector Key West, including
117 Station Key West, Station Islamorada, and Station Marathon,
118 associated with Monroe County and Key West, Islamorada, and
119 Marathon.
120 (u) United States Coast Guard Sector St. Petersburg,
121 including Station St. Petersburg, Air Station Clearwater,
122 Station Cortez, Station Fort Myers Beach, Station Sand Key, and
123 Station Yankeetown, associated with Pinellas, Manatee, Lee, and
124 Levy Counties and St. Petersburg, Clearwater, Cortez, Fort Myers
125 Beach, and Yankeetown.
126 (v) United States Coast Guard Sector Mobile, including
127 Station Panama City, Station Destin, and Station Pensacola,
128 associated with Bay, Okaloosa, and Escambia Counties and Panama
129 City, Destin, and Pensacola.
130 (3) The Florida Defense Support Task Force may recommend to
131 the Legislature changes to the military installations and ranges
132 and local governments specified in subsection (2) based on a
133 military base’s or range’s potential for impacts from
134 encroachment, and incompatible land uses and development.
135 (4) Each affected local government must transmit to the
136 commanding officer of the relevant associated installation, or
137 installations, or ranges information relating to proposed
138 changes to comprehensive plans, plan amendments, and proposed
139 changes to land development regulations which, if approved,
140 would affect the intensity, density, or use of the land adjacent
141 to or in close proximity to the military installation or range.
142 At the request of the commanding officer, affected local
143 governments must also transmit to the commanding officer copies
144 of applications for development orders requesting a variance or
145 waiver from height or lighting restrictions or noise attenuation
146 reduction requirements within areas defined in the local
147 government’s comprehensive plan as being in a zone of influence
148 of the military installation or range. Each affected local
149 government shall provide the military installation or range
150 control military authority an opportunity to review and comment
151 on the proposed changes.
152 (5) The commanding officer or his or her designee may
153 provide advisory comments to the affected local government on
154 the impact such proposed changes may have on the mission of the
155 military installation or range. Such advisory comments must
156 shall be based on appropriate data and analyses provided with
157 the comments and may include:
158 (a) If the installation has an airfield or range, whether
159 such proposed changes will be incompatible with the safety and
160 noise standards contained in the Air Installation Compatible Use
161 Zone (AICUZ) or the Range Air Installation Compatible Use Zone
162 (RAICUZ) adopted by the military installation for that airfield
163 or range;
164 (b) Whether such changes are incompatible with the
165 Installation Environmental Noise Management Program (IENMP) of
166 the United States Army;
167 (c) Whether such changes are incompatible with the findings
168 of a Joint Land Use Study (JLUS), Compatible Use Plan Study, or
169 Military Installation Resilience Review (MIRR) for the area if
170 one has been completed; and
171 (d) Whether the military installation’s or range’s mission
172 will be adversely affected by the proposed actions of the
173 county, or affected local government, or controlling authority.
174
175 The commanding officer’s comments, underlying studies, and
176 reports shall be considered by the local government in the same
177 manner as the comments received from other reviewing agencies
178 pursuant to s. 163.3184.
179 (6) The affected local government shall take into
180 consideration any comments and accompanying data and analyses
181 provided by the commanding officer or his or her designee
182 pursuant to subsection (4) as they relate to the strategic
183 mission of the base, public safety, and the economic vitality
184 associated with the base’s operations, while also respecting
185 private property rights and not being unduly restrictive on
186 those rights. The affected local government shall forward a copy
187 of any comments regarding comprehensive plan amendments to the
188 state land planning agency.
189 (7) To facilitate the exchange of information provided for
190 in this section, a representative of a military installation or
191 range acting on behalf of all military installations and ranges
192 within that jurisdiction shall serve ex officio as a nonvoting
193 member of the county’s or affected local government’s land
194 planning or zoning board. The representative is not required to
195 file a statement of financial interest pursuant to s. 112.3145
196 solely due to his or her service on the county’s or affected
197 local government’s land planning or zoning board.
198 (8) The commanding officer is encouraged to provide
199 information about any community planning assistance grants that
200 may be available to a county or affected local government
201 through programs such as those of the federal Office of Local
202 Defense Community Cooperation Economic Adjustment as an
203 incentive for communities to participate in a joint planning
204 process that would facilitate the compatibility and resiliency
205 of community planning and the activities and mission of the
206 military installation or range.
207 Section 2. Subsections (4) and (6) of section 327.462,
208 Florida Statutes, are amended to read:
209 327.462 Temporary protection zones for spaceflight launches
210 and recovery of spaceflight assets.—
211 (4)(a) Upon the establishment of a protection zone under
212 this section, the head of a law enforcement agency or entity
213 establishing the a protection zone under this section, or his or
214 her designee, must report the establishment of such protection
215 zone via e-mail to the commission’s Division of Law Enforcement,
216 Boating and Waterways Section, and to the appropriate United
217 States Coast Guard Sector Command having responsibility over the
218 water body, and to the appropriate port authority at least 72
219 hours before establishment of the protection zone. Such report
220 must include the reasons for the protection zone, the portion of
221 the water body or water bodies which will be included in the
222 protection zone, and the duration of the protection zone.
223 (b) Upon receipt of the report required under paragraph
224 (a), the port authority shall direct at least one state pilot
225 licensed, or at least one deputy pilot certificated, under
226 chapter 310 to board each cruise or civilian vessel escorted
227 into or out of the applicable port and hand deliver to the
228 operator of such vessel a written notice of the establishment of
229 the protection zone and the penalties for violation provided in
230 subsection (6). The operator must sign the notice as an
231 indication that he or she acknowledges the information provided
232 in the notice and must return the signed notice to the pilot
233 before the pilot disembarks the vessel.
234 (c) No later than 72 hours after the end of the protection
235 zone period, the head of the law enforcement agency or entity,
236 or his or her designee, must report via e-mail to the
237 commission’s Division of Law Enforcement, Boating and Waterways
238 Section, the details of all citations issued for violating the
239 protection zone.
240 (6) A person who violates this section or any directive
241 given by a law enforcement officer, a state pilot, or a deputy
242 pilot relating to the establishment of a protection zone under
243 this section after being advised of the establishment of the
244 protection zone commits a misdemeanor of the second degree,
245 punishable as provided in s. 775.082 or s. 775.083.
246 Section 3. Paragraph (a) of subsection (6) of section
247 163.3177, Florida Statutes, is amended to read:
248 163.3177 Required and optional elements of comprehensive
249 plan; studies and surveys.—
250 (6) In addition to the requirements of subsections (1)-(5),
251 the comprehensive plan shall include the following elements:
252 (a) A future land use plan element designating proposed
253 future general distribution, location, and extent of the uses of
254 land for residential uses, commercial uses, industry,
255 agriculture, recreation, conservation, education, public
256 facilities, and other categories of the public and private uses
257 of land. The approximate acreage and the general range of
258 density or intensity of use shall be provided for the gross land
259 area included in each existing land use category. The element
260 shall establish the long-term end toward which land use programs
261 and activities are ultimately directed.
262 1. Each future land use category must be defined in terms
263 of uses included, and must include standards to be followed in
264 the control and distribution of population densities and
265 building and structure intensities. The proposed distribution,
266 location, and extent of the various categories of land use shall
267 be shown on a land use map or map series which shall be
268 supplemented by goals, policies, and measurable objectives.
269 2. The future land use plan and plan amendments shall be
270 based upon surveys, studies, and data regarding the area, as
271 applicable, including:
272 a. The amount of land required to accommodate anticipated
273 growth.
274 b. The projected permanent and seasonal population of the
275 area.
276 c. The character of undeveloped land.
277 d. The availability of water supplies, public facilities,
278 and services.
279 e. The need for redevelopment, including the renewal of
280 blighted areas and the elimination of nonconforming uses which
281 are inconsistent with the character of the community.
282 f. The compatibility of uses on lands adjacent to or
283 closely proximate to military installations and ranges.
284 g. The compatibility of uses on lands adjacent to an
285 airport as defined in s. 330.35 and consistent with s. 333.02.
286 h. The discouragement of urban sprawl.
287 i. The need for job creation, capital investment, and
288 economic development that will strengthen and diversify the
289 community’s economy.
290 j. The need to modify land uses and development patterns
291 within antiquated subdivisions.
292 3. The future land use plan element shall include criteria
293 to be used to:
294 a. Achieve the compatibility of lands adjacent to or
295 closely proximate to military installations and ranges,
296 considering factors identified in s. 163.3175(5).
297 b. Achieve the compatibility of lands adjacent to an
298 airport as defined in s. 330.35 and consistent with s. 333.02.
299 c. Encourage preservation of recreational and commercial
300 working waterfronts for water-dependent uses in coastal
301 communities.
302 d. Encourage the location of schools proximate to urban
303 residential areas to the extent possible.
304 e. Coordinate future land uses with the topography and soil
305 conditions, and the availability of facilities and services.
306 f. Ensure the protection of natural and historic resources.
307 g. Provide for the compatibility of adjacent land uses.
308 h. Provide guidelines for the implementation of mixed-use
309 development including the types of uses allowed, the percentage
310 distribution among the mix of uses, or other standards, and the
311 density and intensity of each use.
312 4. The amount of land designated for future planned uses
313 shall provide a balance of uses that foster vibrant, viable
314 communities and economic development opportunities and address
315 outdated development patterns, such as antiquated subdivisions.
316 The amount of land designated for future land uses should allow
317 the operation of real estate markets to provide adequate choices
318 for permanent and seasonal residents and business and may not be
319 limited solely by the projected population. The element shall
320 accommodate at least the minimum amount of land required to
321 accommodate the medium projections as published by the Office of
322 Economic and Demographic Research for at least a 10-year
323 planning period unless otherwise limited under s. 380.05,
324 including related rules of the Administration Commission.
325 5. The future land use plan of a county may designate areas
326 for possible future municipal incorporation.
327 6. The land use maps or map series shall generally identify
328 and depict historic district boundaries and shall designate
329 historically significant properties meriting protection.
330 7. The future land use element must clearly identify the
331 land use categories in which public schools are an allowable
332 use. When delineating the land use categories in which public
333 schools are an allowable use, a local government shall include
334 in the categories sufficient land proximate to residential
335 development to meet the projected needs for schools in
336 coordination with public school boards and may establish
337 differing criteria for schools of different type or size. Each
338 local government shall include lands contiguous to existing
339 school sites, to the maximum extent possible, within the land
340 use categories in which public schools are an allowable use.
341 8. Future land use map amendments shall be based upon the
342 following analyses:
343 a. An analysis of the availability of facilities and
344 services.
345 b. An analysis of the suitability of the plan amendment for
346 its proposed use considering the character of the undeveloped
347 land, soils, topography, natural resources, and historic
348 resources on site.
349 c. An analysis of the minimum amount of land needed to
350 achieve the goals and requirements of this section.
351 9. The future land use element and any amendment to the
352 future land use element shall discourage the proliferation of
353 urban sprawl.
354 a. The primary indicators that a plan or plan amendment
355 does not discourage the proliferation of urban sprawl are listed
356 below. The evaluation of the presence of these indicators shall
357 consist of an analysis of the plan or plan amendment within the
358 context of features and characteristics unique to each locality
359 in order to determine whether the plan or plan amendment:
360 (I) Promotes, allows, or designates for development
361 substantial areas of the jurisdiction to develop as low
362 intensity, low-density, or single-use development or uses.
363 (II) Promotes, allows, or designates significant amounts of
364 urban development to occur in rural areas at substantial
365 distances from existing urban areas while not using undeveloped
366 lands that are available and suitable for development.
367 (III) Promotes, allows, or designates urban development in
368 radial, strip, isolated, or ribbon patterns generally emanating
369 from existing urban developments.
370 (IV) Fails to adequately protect and conserve natural
371 resources, such as wetlands, floodplains, native vegetation,
372 environmentally sensitive areas, natural groundwater aquifer
373 recharge areas, lakes, rivers, shorelines, beaches, bays,
374 estuarine systems, and other significant natural systems.
375 (V) Fails to adequately protect adjacent agricultural areas
376 and activities, including silviculture, active agricultural and
377 silvicultural activities, passive agricultural activities, and
378 dormant, unique, and prime farmlands and soils.
379 (VI) Fails to maximize use of existing public facilities
380 and services.
381 (VII) Fails to maximize use of future public facilities and
382 services.
383 (VIII) Allows for land use patterns or timing which
384 disproportionately increase the cost in time, money, and energy
385 of providing and maintaining facilities and services, including
386 roads, potable water, sanitary sewer, stormwater management, law
387 enforcement, education, health care, fire and emergency
388 response, and general government.
389 (IX) Fails to provide a clear separation between rural and
390 urban uses.
391 (X) Discourages or inhibits infill development or the
392 redevelopment of existing neighborhoods and communities.
393 (XI) Fails to encourage a functional mix of uses.
394 (XII) Results in poor accessibility among linked or related
395 land uses.
396 (XIII) Results in the loss of significant amounts of
397 functional open space.
398 b. The future land use element or plan amendment shall be
399 determined to discourage the proliferation of urban sprawl if it
400 incorporates a development pattern or urban form that achieves
401 four or more of the following:
402 (I) Directs or locates economic growth and associated land
403 development to geographic areas of the community in a manner
404 that does not have an adverse impact on and protects natural
405 resources and ecosystems.
406 (II) Promotes the efficient and cost-effective provision or
407 extension of public infrastructure and services.
408 (III) Promotes walkable and connected communities and
409 provides for compact development and a mix of uses at densities
410 and intensities that will support a range of housing choices and
411 a multimodal transportation system, including pedestrian,
412 bicycle, and transit, if available.
413 (IV) Promotes conservation of water and energy.
414 (V) Preserves agricultural areas and activities, including
415 silviculture, and dormant, unique, and prime farmlands and
416 soils.
417 (VI) Preserves open space and natural lands and provides
418 for public open space and recreation needs.
419 (VII) Creates a balance of land uses based upon demands of
420 the residential population for the nonresidential needs of an
421 area.
422 (VIII) Provides uses, densities, and intensities of use and
423 urban form that would remediate an existing or planned
424 development pattern in the vicinity that constitutes sprawl or
425 if it provides for an innovative development pattern such as
426 transit-oriented developments or new towns as defined in s.
427 163.3164.
428 10. The future land use element shall include a future land
429 use map or map series.
430 a. The proposed distribution, extent, and location of the
431 following uses shall be shown on the future land use map or map
432 series:
433 (I) Residential.
434 (II) Commercial.
435 (III) Industrial.
436 (IV) Agricultural.
437 (V) Recreational.
438 (VI) Conservation.
439 (VII) Educational.
440 (VIII) Public.
441 b. The following areas shall also be shown on the future
442 land use map or map series, if applicable:
443 (I) Historic district boundaries and designated
444 historically significant properties.
445 (II) Transportation concurrency management area boundaries
446 or transportation concurrency exception area boundaries.
447 (III) Multimodal transportation district boundaries.
448 (IV) Mixed-use categories.
449 c. The following natural resources or conditions shall be
450 shown on the future land use map or map series, if applicable:
451 (I) Existing and planned public potable waterwells, cones
452 of influence, and wellhead protection areas.
453 (II) Beaches and shores, including estuarine systems.
454 (III) Rivers, bays, lakes, floodplains, and harbors.
455 (IV) Wetlands.
456 (V) Minerals and soils.
457 (VI) Coastal high hazard areas.
458 Section 4. Paragraph (c) of subsection (1) and paragraph
459 (b) of subsection (3) of section 163.3184, Florida Statutes, are
460 amended to read:
461 163.3184 Process for adoption of comprehensive plan or plan
462 amendment.—
463 (1) DEFINITIONS.—As used in this section, the term:
464 (c) “Reviewing agencies” means:
465 1. The state land planning agency;
466 2. The appropriate regional planning council;
467 3. The appropriate water management district;
468 4. The Department of Environmental Protection;
469 5. The Department of State;
470 6. The Department of Transportation;
471 7. In the case of plan amendments relating to public
472 schools, the Department of Education;
473 8. In the case of plans or plan amendments that affect a
474 military installation or range listed in s. 163.3175, the
475 commanding officer of the affected military installation or
476 range;
477 9. In the case of county plans and plan amendments, the
478 Fish and Wildlife Conservation Commission and the Department of
479 Agriculture and Consumer Services; and
480 10. In the case of municipal plans and plan amendments, the
481 county in which the municipality is located.
482 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
483 COMPREHENSIVE PLAN AMENDMENTS.—
484 (b)1. The local government, after the initial public
485 hearing held pursuant to subsection (11), shall transmit within
486 10 working days the amendment or amendments and appropriate
487 supporting data and analyses to the reviewing agencies. The
488 local governing body shall also transmit a copy of the
489 amendments and supporting data and analyses to any other local
490 government or governmental agency that has filed a written
491 request with the governing body.
492 2. The reviewing agencies and any other local government or
493 governmental agency specified in subparagraph 1. may provide
494 comments regarding the amendment or amendments to the local
495 government. State agencies shall only comment on important state
496 resources and facilities that will be adversely impacted by the
497 amendment if adopted. Comments provided by state agencies shall
498 state with specificity how the plan amendment will adversely
499 impact an important state resource or facility and shall
500 identify measures the local government may take to eliminate,
501 reduce, or mitigate the adverse impacts. Such comments, if not
502 resolved, may result in a challenge by the state land planning
503 agency to the plan amendment. Agencies and local governments
504 must transmit their comments to the affected local government
505 such that they are received by the local government not later
506 than 30 days after the date on which the agency or government
507 received the amendment or amendments. Reviewing agencies shall
508 also send a copy of their comments to the state land planning
509 agency.
510 3. Comments to the local government from a regional
511 planning council, county, or municipality shall be limited as
512 follows:
513 a. The regional planning council review and comments shall
514 be limited to adverse effects on regional resources or
515 facilities identified in the strategic regional policy plan and
516 extrajurisdictional impacts that would be inconsistent with the
517 comprehensive plan of any affected local government within the
518 region. A regional planning council may not review and comment
519 on a proposed comprehensive plan amendment prepared by such
520 council unless the plan amendment has been changed by the local
521 government subsequent to the preparation of the plan amendment
522 by the regional planning council.
523 b. County comments shall be in the context of the
524 relationship and effect of the proposed plan amendments on the
525 county plan.
526 c. Municipal comments shall be in the context of the
527 relationship and effect of the proposed plan amendments on the
528 municipal plan.
529 d. Military installation or range comments shall be
530 provided in accordance with s. 163.3175.
531 4. Comments to the local government from state agencies
532 shall be limited to the following subjects as they relate to
533 important state resources and facilities that will be adversely
534 impacted by the amendment if adopted:
535 a. The Department of Environmental Protection shall limit
536 its comments to the subjects of air and water pollution;
537 wetlands and other surface waters of the state; federal and
538 state-owned lands and interest in lands, including state parks,
539 greenways and trails, and conservation easements; solid waste;
540 water and wastewater treatment; and the Everglades ecosystem
541 restoration.
542 b. The Department of State shall limit its comments to the
543 subjects of historic and archaeological resources.
544 c. The Department of Transportation shall limit its
545 comments to issues within the agency’s jurisdiction as it
546 relates to transportation resources and facilities of state
547 importance.
548 d. The Fish and Wildlife Conservation Commission shall
549 limit its comments to subjects relating to fish and wildlife
550 habitat and listed species and their habitat.
551 e. The Department of Agriculture and Consumer Services
552 shall limit its comments to the subjects of agriculture,
553 forestry, and aquaculture issues.
554 f. The Department of Education shall limit its comments to
555 the subject of public school facilities.
556 g. The appropriate water management district shall limit
557 its comments to flood protection and floodplain management,
558 wetlands and other surface waters, and regional water supply.
559 h. The state land planning agency shall limit its comments
560 to important state resources and facilities outside the
561 jurisdiction of other commenting state agencies and may include
562 comments on countervailing planning policies and objectives
563 served by the plan amendment that should be balanced against
564 potential adverse impacts to important state resources and
565 facilities.
566 Section 5. Paragraph (n) of subsection (2) of section
567 380.0651, Florida Statutes, is amended to read:
568 380.0651 Statewide guidelines, standards, and exemptions.—
569 (2) STATUTORY EXEMPTIONS.—The following developments are
570 exempt from s. 380.06:
571 (n) The establishment, relocation, or expansion of any
572 military installation or range as specified in s. 163.3175.
573
574 If a use is exempt from review pursuant to paragraphs (a)-(u),
575 but will be part of a larger project that is subject to review
576 pursuant to s. 380.06(12), the impact of the exempt use must be
577 included in the review of the larger project, unless such exempt
578 use involves a development that includes a landowner, tenant, or
579 user that has entered into a funding agreement with the state
580 land planning agency under the Innovation Incentive Program and
581 the agreement contemplates a state award of at least $50
582 million.
583 Section 6. This act shall take effect July 1, 2023.