HB 7129

1
A bill to be entitled
2An act relating to military support; amending s. 163.3175,
3F.S.; providing applicability of provisions governing
4compatibility of land development with military
5installations under the Local Government Comprehensive
6Planning and Land Development Regulation Act to specified
7local governments and associated military installations;
8authorizing the Florida Council on Military Base and
9Mission Support to recommend changes to such military
10installations and local governments based on a base's
11potential for impacts from encroachment and incompatible
12land uses and development; requiring affected local
13governments to transmit to the commanding officer of a
14military installation information relating to certain
15proposed changes to comprehensive plans, plan amendments,
16and proposed changes to land development regulations;
17requiring local governments to transmit, at the request of
18a commanding officer, copies of applications for
19development orders requesting specified variances or
20waivers within a zone of influence of a military
21installation; requiring a local government, military
22installation, the state land planning agency, and other
23parties to enter into mediation if a local government does
24not adopt criteria and address compatibility issues
25relating to lands adjacent to or closely proximate to
26existing military installations in its future land use
27plan element of a comprehensive plan by a specified date;
28authorizing notification of the Administration Commission
29if the local government comprehensive plan does not
30contain criteria addressing compatibility by a specified
31date; authorizing the imposition of sanctions by the
32Administration Commission; eliminating definitions;
33amending s. 163.3177, F.S.; specifying factors on which
34criteria used to achieve compatibility of lands adjacent
35to military installations in a future land use plan
36element of a comprehensive plan are to be based; amending
37s. 196.061, F.S.; providing that valid military orders
38transferring a military servicemember are sufficient to
39maintain permanent residence status of the servicemember
40and his or her spouse for purposes of such determination
41by a property appraiser; amending s. 455.02, F.S.;
42authorizing temporary professional licensure by the
43Department of Business and Professional Regulation of the
44spouses of certain active duty members of the Armed
45Forces; providing application requirements; requiring
46criminal history checks and fees; amending s. 250.10,
47F.S.; authorizing the Adjutant General to employ a second
48Assistant Adjutant General for Army; providing an
49effective date.
50
51Be It Enacted by the Legislature of the State of Florida:
52
53     Section 1.  Section 163.3175, Florida Statutes, is amended
54to read:
55     163.3175  Legislative findings on compatibility of
56development with military installations; exchange of information
57between local governments and military installations.-
58     (1)  The Legislature finds that incompatible development of
59land close to military installations can adversely affect the
60ability of such an installation to carry out its mission. The
61Legislature further finds that such development also threatens
62the public safety because of the possibility of accidents
63occurring within the areas surrounding a military installation.
64In addition, the economic vitality of a community is affected
65when military operations and missions must relocate because of
66incompatible urban encroachment. Therefore, the Legislature
67finds it desirable for the local governments in the state to
68cooperate with military installations to encourage compatible
69land use, help prevent incompatible encroachment, and facilitate
70the continued presence of major military installations in this
71state.
72     (2)  Certain major military installations, due to their
73mission and activities, have a greater potential for
74experiencing compatibility and coordination issues than others.
75Consequently, this section and the provisions in s.
76163.3177(6)(a), relating to compatibility of land development
77with military installations, apply to specific affected local
78governments in proximity to and in association with specific
79military installations, as follows:
80     (a)  Avon Park Air Force Range, associated with Highlands,
81Okeechobee, Osceola, and Polk Counties and Avon Park, Sebring,
82and Frostproof.
83     (b)  Camp Blanding, associated with Clay, Bradford, and
84Putnam Counties.
85     (c)  Eglin Air Force Base and Hurlburt Field, associated
86with Gulf, Okaloosa, Santa Rosa, and Walton Counties and Cinco
87Bayou, Crestview, Destin, DeFuniak Springs, Fort Walton Beach,
88Freeport, Laurel Hill, Mary Esther, Niceville, Shalimar, and
89Valparaiso.
90     (d)  Homestead Air Reserve Base, associated with Miami-Dade
91County and Homestead.
92     (e)  Jacksonville Training Range Complex, associated with
93Lake, Marion, Putnam, and Volusia Counties.
94     (f)  MacDill Air Force Base, associated with Tampa.
95     (g)  Naval Air Station Jacksonville, Marine Corps Blount
96Island Command, and outlying landing field Whitehouse,
97associated with Jacksonville.
98     (h)  Naval Air Station Key West, associated with Monroe
99County and Key West.
100     (i)  Naval Support Activity Panama City, associated with
101Bay County, Panama City, and Panama City Beach.
102     (j)  Naval Air Station Pensacola, associated with Escambia
103County.
104     (k)  Naval Air Station Whiting Field and its outlying
105landing fields, associated with Santa Rosa and Escambia
106Counties.
107     (l)  Naval Station Mayport, associated with Atlantic Beach
108and Jacksonville.
109     (m)  Patrick Air Force Base and Cape Canaveral Air Force
110Station, associated with Brevard County and Satellite Beach.
111     (n)  Tyndall Air Force Base, associated with Gulf and Bay
112Counties, and Mexico Beach and Parker.
113     (3)  The Florida Council on Military Base and Mission
114Support may recommend to the Legislature changes to the military
115installations and local governments specified in subsection (2)
116based on a military base's potential for impacts from
117encroachment, and incompatible land uses and development.
118     (4)(2)  Each affected local government county in which a
119military installation is either wholly or partially located and
120each affected local government must transmit to the commanding
121officer of the relevant associated that installation or
122installations information relating to proposed changes to
123comprehensive plans, plan amendments, and proposed changes to
124land development regulations which, if approved, would affect
125the intensity, density, or use of the land adjacent to or in
126close proximity to the military installation. At the request of
127the commanding officer, affected local governments must also
128transmit to the commanding officer copies of applications for
129development orders requesting a variance or waiver from height
130or lighting restrictions or noise attenuation reduction
131requirements within areas defined in the local government's
132comprehensive plan as being in a zone of influence of the
133military installation. Each county and affected local government
134shall provide the military installation an opportunity to review
135and comment on the proposed changes.
136     (5)(3)  The commanding officer or his or her designee may
137provide comments to the county or affected local government on
138the impact such proposed changes may have on the mission of the
139military installation. Such comments may include:
140     (a)  If the installation has an airfield, whether such
141proposed changes will be incompatible with the safety and noise
142standards contained in the Air Installation Compatible Use Zone
143(AICUZ) adopted by the military installation for that airfield;
144     (b)  Whether such changes are incompatible with the
145Installation Environmental Noise Management Program (IENMP) of
146the United States Army;
147     (c)  Whether such changes are incompatible with the
148findings of a Joint Land Use Study (JLUS) for the area if one
149has been completed; and
150     (d)  Whether the military installation's mission will be
151adversely affected by the proposed actions of the county or
152affected local government.
153     (6)(4)  The county or affected local government shall take
154into consideration any comments provided by the commanding
155officer or his or her designee pursuant to subsection (4) when
156making such decision regarding comprehensive planning or land
157development regulation. The county or affected local government
158shall forward a copy of any such comments regarding
159comprehensive plan amendments to the state land planning agency.
160     (7)(5)  To facilitate the exchange of information provided
161for in this section, a representative of a military installation
162acting on behalf of all military installations within that
163jurisdiction shall be included as an ex officio, nonvoting
164member of the county's or affected local government's land
165planning or zoning board.
166     (8)(6)  The commanding officer is encouraged to provide
167information about any community planning assistance grants that
168may be available to a county or affected local government
169through the federal Office of Economic Adjustment as an
170incentive for communities to participate in a joint planning
171process that would facilitate the compatibility of community
172planning and the activities and mission of the military
173installation.
174     (9)(7)  If a local government, as required under s.
175163.3177(6)(a), does not adopt criteria and address
176compatibility of lands adjacent to or closely proximate to
177existing military installations in its future land use plan
178element by June 30, 2012, the local government, the military
179installation, the state land planning agency, and other parties
180as identified by the regional planning council, including, but
181not limited to, private landowner representatives, shall enter
182into mediation conducted pursuant to s. 186.509. If the local
183government comprehensive plan does not contain criteria
184addressing compatibility by December 31, 2013, the agency may
185notify the Administration Commission. The Administration
186Commission may impose sanctions pursuant to s. 163.3184(11).
187As used in this section, the term:
188     (a)  "Affected local government" means a municipality
189adjacent to or in close proximity to the military installation
190as determined by the state land planning agency.
191     (b)  "Military installation" means a base, camp, post,
192station, airfield, yard, center, home port facility for any
193ship, or other land area under the jurisdiction of the
194Department of Defense, including any leased facility. Such term
195does not include any facility used primarily for civil works,
196rivers and harbors projects, or flood control projects.
197     Section 2.  Paragraph (a) of subsection (6) of section
198163.3177, Florida Statutes, is amended to read:
199     163.3177  Required and optional elements of comprehensive
200plan; studies and surveys.-
201     (6)  In addition to the requirements of subsections (1)-(5)
202and (12), the comprehensive plan shall include the following
203elements:
204     (a)  A future land use plan element designating proposed
205future general distribution, location, and extent of the uses of
206land for residential uses, commercial uses, industry,
207agriculture, recreation, conservation, education, public
208buildings and grounds, other public facilities, and other
209categories of the public and private uses of land. Counties are
210encouraged to designate rural land stewardship areas, pursuant
211to paragraph (11)(d), as overlays on the future land use map.
212Each future land use category must be defined in terms of uses
213included, and must include standards to be followed in the
214control and distribution of population densities and building
215and structure intensities. The proposed distribution, location,
216and extent of the various categories of land use shall be shown
217on a land use map or map series which shall be supplemented by
218goals, policies, and measurable objectives. The future land use
219plan shall be based upon surveys, studies, and data regarding
220the area, including the amount of land required to accommodate
221anticipated growth; the projected population of the area; the
222character of undeveloped land; the availability of water
223supplies, public facilities, and services; the need for
224redevelopment, including the renewal of blighted areas and the
225elimination of nonconforming uses which are inconsistent with
226the character of the community; the compatibility of uses on
227lands adjacent to or closely proximate to military
228installations; lands adjacent to an airport as defined in s.
229330.35 and consistent with s. 333.02; the discouragement of
230urban sprawl; energy-efficient land use patterns accounting for
231existing and future electric power generation and transmission
232systems; greenhouse gas reduction strategies; and, in rural
233communities, the need for job creation, capital investment, and
234economic development that will strengthen and diversify the
235community's economy. The future land use plan may designate
236areas for future planned development use involving combinations
237of types of uses for which special regulations may be necessary
238to ensure development in accord with the principles and
239standards of the comprehensive plan and this act. The future
240land use plan element shall include criteria to be used to
241achieve the compatibility of lands adjacent or closely proximate
242to military installations, based on factors identified in s.
243163.3175(5), and lands adjacent to an airport as defined in s.
244330.35 and consistent with s. 333.02. In addition, for rural
245communities, the amount of land designated for future planned
246industrial use shall be based upon surveys and studies that
247reflect the need for job creation, capital investment, and the
248necessity to strengthen and diversify the local economies, and
249may not be limited solely by the projected population of the
250rural community. The future land use plan of a county may also
251designate areas for possible future municipal incorporation. The
252land use maps or map series shall generally identify and depict
253historic district boundaries and shall designate historically
254significant properties meriting protection. For coastal
255counties, the future land use element must include, without
256limitation, regulatory incentives and criteria that encourage
257the preservation of recreational and commercial working
258waterfronts as defined in s. 342.07. The future land use element
259must clearly identify the land use categories in which public
260schools are an allowable use. When delineating the land use
261categories in which public schools are an allowable use, a local
262government shall include in the categories sufficient land
263proximate to residential development to meet the projected needs
264for schools in coordination with public school boards and may
265establish differing criteria for schools of different type or
266size. Each local government shall include lands contiguous to
267existing school sites, to the maximum extent possible, within
268the land use categories in which public schools are an allowable
269use. The failure by a local government to comply with these
270school siting requirements will result in the prohibition of the
271local government's ability to amend the local comprehensive
272plan, except for plan amendments described in s. 163.3187(1)(b),
273until the school siting requirements are met. Amendments
274proposed by a local government for purposes of identifying the
275land use categories in which public schools are an allowable use
276are exempt from the limitation on the frequency of plan
277amendments contained in s. 163.3187. The future land use element
278shall include criteria that encourage the location of schools
279proximate to urban residential areas to the extent possible and
280shall require that the local government seek to collocate public
281facilities, such as parks, libraries, and community centers,
282with schools to the extent possible and to encourage the use of
283elementary schools as focal points for neighborhoods. For
284schools serving predominantly rural counties, defined as a
285county with a population of 100,000 or fewer, an agricultural
286land use category is eligible for the location of public school
287facilities if the local comprehensive plan contains school
288siting criteria and the location is consistent with such
289criteria. Local governments required to update or amend their
290comprehensive plan to include criteria and address compatibility
291of lands adjacent or closely proximate to existing military
292installations, or lands adjacent to an airport as defined in s.
293330.35 and consistent with s. 333.02, in their future land use
294plan element shall transmit the update or amendment to the state
295land planning agency by June 30, 2012.
296     Section 3.  Section 196.061, Florida Statutes, is amended
297to read:
298     196.061  Rental of homestead to constitute abandonment.-The
299rental of an entire dwelling previously claimed to be a
300homestead for tax purposes shall constitute the abandonment of
301said dwelling as a homestead, and said abandonment shall
302continue until such dwelling is physically occupied by the owner
303thereof. However, such abandonment of such homestead after
304January 1 of any year shall not affect the homestead exemption
305for tax purposes for that particular year so long as this
306provision is not used for 2 consecutive years. The provisions of
307this section shall not apply to a member of the Armed Forces of
308the United States whose service in such forces is the result of
309a mandatory obligation imposed by the federal Selective Service
310Act or who volunteers for service as a member of the Armed
311Forces of the United States. Moreover, valid military orders
312transferring such member shall be sufficient to maintain
313permanent residence, for the purpose of s. 196.015, for the
314member and his or her spouse.
315     Section 4.  Section 455.02, Florida Statutes, is amended to
316read:
317     455.02  Licensure of members of the Armed Forces in good
318standing with administrative boards and their spouses.-
319     (1)  Any member of the Armed Forces of the United States
320now or hereafter on active duty who, at the time of becoming
321such a member, was in good standing with any administrative
322board of the state and was entitled to practice or engage in his
323or her profession or vocation in the state shall be kept in good
324standing by such administrative board, without registering,
325paying dues or fees, or performing any other act on his or her
326part to be performed, as long as he or she is a member of the
327Armed Forces of the United States on active duty and for a
328period of 6 months after discharge from active duty as a member
329of the Armed Forces of the United States, if provided he or she
330is not engaged in his or her licensed profession or vocation in
331the private sector for profit.
332     (2)  The boards listed in s. 20.165 shall adopt promulgate
333rules that exempt exempting the spouse spouses of a member
334members of the Armed Forces of the United States from licensure
335renewal provisions, but only in cases of his or her absence from
336the state because of his or her spouse's their spouses' duties
337with the Armed Forces.
338     (3)(a)  The department may issue a temporary professional
339license to the spouse of an active duty member of the Armed
340Forces of the United States if the spouse applies to the
341department in the format prescribed by the department. An
342application must include proof that:
343     1.  The applicant is married to a member of the Armed
344Forces of the United States who is on active duty.
345     2.  The applicant holds a valid license for the profession
346issued by another state, the District of Columbia, any
347possession or territory of the United States, or any foreign
348jurisdiction.
349     3.  The applicant's spouse is assigned to a duty station in
350this state and that the applicant is also assigned to a duty
351station in this state pursuant to the member's official active
352duty military orders.
353     4.a.  A complete set of the applicant's fingerprints has
354been submitted to the Department of Law Enforcement for a
355statewide criminal history check.
356     b.  The Department of Law Enforcement shall forward the
357fingerprints submitted pursuant to sub-subparagraph a. to the
358Federal Bureau of Investigation for a national criminal history
359check. The department shall, and the board may, review the
360results of the criminal history checks according to the level 2
361screening standards in s. 435.04 and determine whether the
362applicant meets the licensure requirements. The costs of
363fingerprint processing shall be borne by the applicant. If the
364applicant's fingerprints are submitted through an authorized
365agency or vendor, the agency or vendor shall collect the
366required processing fees and remit the fees to the Department of
367Law Enforcement.
368     (b)  An application must be accompanied by an application
369fee prescribed by the department that is sufficient to cover the
370cost of issuance of the temporary license.
371     (c)  A temporary license expires 6 months after the date of
372issuance and is not renewable.
373     Section 5.  Subsection (4) of section 250.10, Florida
374Statutes, is amended to read:
375     250.10  Appointment and duties of the Adjutant General.-
376     (4)(a)  The Adjutant General shall, subject to confirmation
377by the Senate, employ a federally recognized officer of the
378Florida National Guard, who has served in the Florida Army Guard
379for the preceding 5 years and attained the rank of colonel or
380higher at the time of appointment, to be the Assistant Adjutant
381General for Army.
382     (b)  The Adjutant General may, subject to confirmation by
383the Senate, employ an additional federally recognized officer of
384the Florida National Guard, who has served in the Florida Army
385Guard for the preceding 5 years and attained the rank of colonel
386or higher at the time of appointment, to be a second Assistant
387Adjutant General for Army.
388
389Each The officer shall perform the duties required by the
390Adjutant General.
391     Section 6.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.