Senate Bill sb2152
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    Florida Senate - 2003                                  SB 2152
    By Senators Clary, Peaden and Fasano
    4-397A-03                                           See HB 661
  1                      A bill to be entitled
  2         An act relating to military readiness; creating
  3         s. 163.3175, F.S.; providing legislative
  4         findings relating to the compatibility of
  5         development with military installations;
  6         providing for an exchange of information
  7         between certain local governments and military
  8         bases or installations; requiring the local
  9         government to consider the comments of the
10         commanding officer of a military base or
11         installation relating to potential adverse
12         effects on the base or installation which may
13         result from rezonings or changes in land use;
14         amending s. 163.3177, F.S.; providing that an
15         element relating to military readiness is a
16         mandatory element of the comprehensive plans
17         for certain local governments; requiring the
18         local governments to seek advice from
19         individuals who may be affected by this
20         element; providing factors that must be
21         considered in connection with this element;
22         amending s. 163.3187, F.S.; exempting from
23         certain restrictions on the adoption of
24         amendments to comprehensive plans an amendment
25         relating to military readiness; providing an
26         effective date.
27  
28  Be It Enacted by the Legislature of the State of Florida:
29  
30         Section 1.  Section 163.3175, Florida Statutes, is
31  created to read:
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    Florida Senate - 2003                                  SB 2152
    4-397A-03                                           See HB 661
 1         163.3175  Legislative findings on compatibility of
 2  development with military bases and installations; exchange of
 3  information between local governments and military bases and
 4  installations.--
 5         (1)  The Legislature finds that incompatible
 6  residential and commercial development of land close to
 7  military bases or military installations can adversely affect
 8  the ability of such a base or installation to carry out its
 9  mission. The Legislature further finds that such development
10  also threatens the public safety because of the possibility of
11  accidents occurring within the areas surrounding a military
12  base or military installation. In addition, the economic
13  health of a community is affected if military operations and
14  missions must relocate because of urban encroachment.
15  Therefore, the Legislature finds it desirable for the local
16  governments in this state to cooperate with military bases and
17  installations to encourage compatible land use, help prevent
18  encroachment, and facilitate the continued presence of major
19  military bases and installations in this state.
20         (2)  In any county that has a military base or
21  installation located within its boundaries, each local
22  government, including the county government, must transmit to
23  the commanding officer of the military base or installation
24  information regarding proposed changes in land use or proposed
25  rezonings that would, if approved, affect the density or use
26  of the property that is the subject of the application. The
27  commanding officer or his or her designee may submit to the
28  local government written comments regarding any adverse
29  effects that the proposed changes or rezonings may have on
30  military bases or installations, operating areas, or ranges,
31  including, but not limited to, the commanding officer's
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    Florida Senate - 2003                                  SB 2152
    4-397A-03                                           See HB 661
 1  opinion as to whether those proposed changes will violate the
 2  safety and noise standards contained in the Air Installation
 3  Compatible Use Zone (AICUZ) prepared for a military airfield
 4  or whether the changes are incompatible with the Installation
 5  Environmental Noise Management Program (IENMP) of the United
 6  States Army. The commanding officer is encouraged to include
 7  information about any community planning assistance grants
 8  that might be available to the local government through the
 9  federal Office of Economic Adjustment, as an incentive for
10  communities to participate in a joint planning process that
11  would facilitate the compatibility of community planning and
12  activities vital to the national defense. The local government
13  shall take the comments of the commanding officer or his or
14  her designee into consideration when rezoning or making
15  changes in land use.
16         Section 2.  Paragraph (l) is added to subsection (6) of
17  section 163.3177, Florida Statutes, to read:
18         163.3177  Required and optional elements of
19  comprehensive plan; studies and surveys.--
20         (6)  In addition to the requirements of subsections
21  (1)-(5), the comprehensive plan shall include the following
22  elements:
23         (l)  For each unit of local government within a county
24  that has a military base or military installation within its
25  boundaries, a military readiness element. In preparing to
26  adopt this element, the local government must seek advice from
27  residents of the county and others who are likely to be
28  affected by the provisions therein, including, but not limited
29  to, builders and developers, conservation groups,
30  representatives of the armed services, and neighborhood
31  groups.
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 2152
    4-397A-03                                           See HB 661
 1         1.  The military readiness element must take into
 2  consideration how the public health, safety, and welfare is
 3  likely to be affected by the proximity of residential areas to
 4  military bases or installations, operating areas, and ranges
 5  and must make reasonable provision for preserving open space
 6  and compatible land uses near a military base or installation.
 7         2.  The military readiness element must also take into
 8  consideration the findings of the Department of Defense Joint
 9  Land Use Study Program, which promotes incorporating the
10  findings of the Air Installation Compatible Use Zone (AICUZ)
11  and of the Installation Environmental Noise Management Program
12  (IENMP, which was formerly the Installation Compatible Use
13  Zone, or ICUZ, program).
14         3.  In counties that contain a military airfield, the
15  military readiness element must take into consideration the
16  extent to which the use of land surrounding the airfield is
17  consistent with the safety and noise standards contained in
18  the AICUZ prepared for that military airfield.
19         Section 3.  Paragraph (m) is added to subsection (1) of
20  section 163.3187, Florida Statutes, to read:
21         163.3187  Amendment of adopted comprehensive plan.--
22         (1)  Amendments to comprehensive plans adopted pursuant
23  to this part may be made not more than two times during any
24  calendar year, except:
25         (m)  A comprehensive plan amendment relating to
26  military readiness may be made at any time and does not count
27  toward the limitation on the frequency of plan amendments.
28         Section 4.  This act shall take effect July 1, 2003.
29  
30  
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    Florida Senate - 2003                                  SB 2152
    4-397A-03                                           See HB 661
 1            *****************************************
 2                          SENATE SUMMARY
 3    Relates to military readiness. Provides legislative
      findings relating to the compatibility of development
 4    with military bases and installations. Provides for an
      exchange of information between certain local governments
 5    and military bases or installations. Requires the local
      government to consider the comments of the commanding
 6    officer of a military base or installation relating to
      potential adverse effects on the base or installation
 7    which may result from rezonings or changes in land use.
      Provides that an element relating to military readiness
 8    is a mandatory element of the comprehensive plan for
      local governments in counties in which military bases or
 9    installations are located. Requires such local
      governments to seek advice from individuals who may be
10    affected by this element. Provides factors that must be
      considered in connection with this element. Provides that
11    a comprehensive plan amendment relating to military
      readiness may be made at any time and does not count
12    toward the limitation on the frequency of plan
      amendments.
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