| 1 | A bill to be entitled |
| 2 | An act relating to military support; amending s. 163.3175, |
| 3 | F.S.; providing applicability of provisions governing |
| 4 | compatibility of land development with military |
| 5 | installations under the Local Government Comprehensive |
| 6 | Planning and Land Development Regulation Act to specified |
| 7 | local governments and associated military installations; |
| 8 | authorizing the Florida Council on Military Base and |
| 9 | Mission Support to recommend changes to such military |
| 10 | installations and local governments based on a base's |
| 11 | potential for impacts from encroachment and incompatible |
| 12 | land uses and development; requiring affected local |
| 13 | governments to transmit to the commanding officer of a |
| 14 | military installation information relating to certain |
| 15 | proposed changes to comprehensive plans, plan amendments, |
| 16 | and proposed changes to land development regulations; |
| 17 | requiring local governments to transmit, at the request of |
| 18 | a commanding officer, copies of applications for |
| 19 | development orders requesting specified variances or |
| 20 | waivers within a zone of influence of a military |
| 21 | installation; requiring a local government, military |
| 22 | installation, the state land planning agency, and other |
| 23 | parties to enter into mediation if a local government does |
| 24 | not adopt criteria and address compatibility issues |
| 25 | relating to lands adjacent to or closely proximate to |
| 26 | existing military installations in its future land use |
| 27 | plan element of a comprehensive plan by a specified date; |
| 28 | authorizing notification of the Administration Commission |
| 29 | if the local government comprehensive plan does not |
| 30 | contain criteria addressing compatibility by a specified |
| 31 | date; authorizing the imposition of sanctions by the |
| 32 | Administration Commission; eliminating definitions; |
| 33 | amending s. 163.3177, F.S.; specifying factors on which |
| 34 | criteria used to achieve compatibility of lands adjacent |
| 35 | to military installations in a future land use plan |
| 36 | element of a comprehensive plan are to be based; amending |
| 37 | s. 196.061, F.S.; providing that valid military orders |
| 38 | transferring a military servicemember are sufficient to |
| 39 | maintain permanent residence status of the servicemember |
| 40 | and his or her spouse for purposes of such determination |
| 41 | by a property appraiser; amending s. 455.02, F.S.; |
| 42 | authorizing temporary professional licensure by the |
| 43 | Department of Business and Professional Regulation of the |
| 44 | spouses of certain active duty members of the Armed |
| 45 | Forces; providing application requirements; requiring |
| 46 | criminal history checks and fees; amending s. 250.10, |
| 47 | F.S.; authorizing the Adjutant General to employ a second |
| 48 | Assistant Adjutant General for Army; revising |
| 49 | accreditation standards for educational institutions with |
| 50 | respect to the Educational Dollars for Duty education |
| 51 | assistance program; providing an effective date. |
| 52 |
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| 53 | Be It Enacted by the Legislature of the State of Florida: |
| 54 |
|
| 55 | Section 1. Section 163.3175, Florida Statutes, is amended |
| 56 | to read: |
| 57 | 163.3175 Legislative findings on compatibility of |
| 58 | development with military installations; exchange of information |
| 59 | between local governments and military installations.- |
| 60 | (1) The Legislature finds that incompatible development of |
| 61 | land close to military installations can adversely affect the |
| 62 | ability of such an installation to carry out its mission. The |
| 63 | Legislature further finds that such development also threatens |
| 64 | the public safety because of the possibility of accidents |
| 65 | occurring within the areas surrounding a military installation. |
| 66 | In addition, the economic vitality of a community is affected |
| 67 | when military operations and missions must relocate because of |
| 68 | incompatible urban encroachment. Therefore, the Legislature |
| 69 | finds it desirable for the local governments in the state to |
| 70 | cooperate with military installations to encourage compatible |
| 71 | land use, help prevent incompatible encroachment, and facilitate |
| 72 | the continued presence of major military installations in this |
| 73 | state. |
| 74 | (2) Certain major military installations, due to their |
| 75 | mission and activities, have a greater potential for |
| 76 | experiencing compatibility and coordination issues than others. |
| 77 | Consequently, this section and the provisions in s. |
| 78 | 163.3177(6)(a), relating to compatibility of land development |
| 79 | with military installations, apply to specific affected local |
| 80 | governments in proximity to and in association with specific |
| 81 | military installations, as follows: |
| 82 | (a) Avon Park Air Force Range, associated with Highlands, |
| 83 | Okeechobee, Osceola, and Polk Counties and Avon Park, Sebring, |
| 84 | and Frostproof. |
| 85 | (b) Camp Blanding, associated with Clay, Bradford, and |
| 86 | Putnam Counties. |
| 87 | (c) Eglin Air Force Base and Hurlburt Field, associated |
| 88 | with Gulf, Okaloosa, Santa Rosa, and Walton Counties and Cinco |
| 89 | Bayou, Crestview, Destin, DeFuniak Springs, Fort Walton Beach, |
| 90 | Freeport, Laurel Hill, Mary Esther, Niceville, Shalimar, and |
| 91 | Valparaiso. |
| 92 | (d) Homestead Air Reserve Base, associated with Miami-Dade |
| 93 | County and Homestead. |
| 94 | (e) Jacksonville Training Range Complex, associated with |
| 95 | Lake, Marion, Putnam, and Volusia Counties. |
| 96 | (f) MacDill Air Force Base, associated with Tampa. |
| 97 | (g) Naval Air Station Jacksonville, Marine Corps Blount |
| 98 | Island Command, and outlying landing field Whitehouse, |
| 99 | associated with Jacksonville. |
| 100 | (h) Naval Air Station Key West, associated with Monroe |
| 101 | County and Key West. |
| 102 | (i) Naval Support Activity Panama City, associated with |
| 103 | Bay County, Panama City, and Panama City Beach. |
| 104 | (j) Naval Air Station Pensacola, associated with Escambia |
| 105 | County. |
| 106 | (k) Naval Air Station Whiting Field and its outlying |
| 107 | landing fields, associated with Santa Rosa and Escambia |
| 108 | Counties. |
| 109 | (l) Naval Station Mayport, associated with Atlantic Beach |
| 110 | and Jacksonville. |
| 111 | (m) Patrick Air Force Base and Cape Canaveral Air Force |
| 112 | Station, associated with Brevard County and Satellite Beach. |
| 113 | (n) Tyndall Air Force Base, associated with Bay County and |
| 114 | Mexico Beach and Parker. |
| 115 | (3) The Florida Council on Military Base and Mission |
| 116 | Support may recommend to the Legislature changes to the military |
| 117 | installations and local governments specified in subsection (2) |
| 118 | based on a military base's potential for impacts from |
| 119 | encroachment, and incompatible land uses and development. |
| 120 | (4)(2) Each affected local government county in which a |
| 121 | military installation is either wholly or partially located and |
| 122 | each affected local government must transmit to the commanding |
| 123 | officer of the relevant associated that installation or |
| 124 | installations information relating to proposed changes to |
| 125 | comprehensive plans, plan amendments, and proposed changes to |
| 126 | land development regulations which, if approved, would affect |
| 127 | the intensity, density, or use of the land adjacent to or in |
| 128 | close proximity to the military installation. At the request of |
| 129 | the commanding officer, affected local governments must also |
| 130 | transmit to the commanding officer copies of applications for |
| 131 | development orders requesting a variance or waiver from height |
| 132 | or lighting restrictions or noise attenuation reduction |
| 133 | requirements within areas defined in the local government's |
| 134 | comprehensive plan as being in a zone of influence of the |
| 135 | military installation. Each county and affected local government |
| 136 | shall provide the military installation an opportunity to review |
| 137 | and comment on the proposed changes. |
| 138 | (5)(3) The commanding officer or his or her designee may |
| 139 | provide comments to the county or affected local government on |
| 140 | the impact such proposed changes may have on the mission of the |
| 141 | military installation. Such comments may include: |
| 142 | (a) If the installation has an airfield, whether such |
| 143 | proposed changes will be incompatible with the safety and noise |
| 144 | standards contained in the Air Installation Compatible Use Zone |
| 145 | (AICUZ) adopted by the military installation for that airfield; |
| 146 | (b) Whether such changes are incompatible with the |
| 147 | Installation Environmental Noise Management Program (IENMP) of |
| 148 | the United States Army; |
| 149 | (c) Whether such changes are incompatible with the |
| 150 | findings of a Joint Land Use Study (JLUS) for the area if one |
| 151 | has been completed; and |
| 152 | (d) Whether the military installation's mission will be |
| 153 | adversely affected by the proposed actions of the county or |
| 154 | affected local government. |
| 155 | (6)(4) The county or affected local government shall take |
| 156 | into consideration any comments provided by the commanding |
| 157 | officer or his or her designee pursuant to subsection (4) when |
| 158 | making such decision regarding comprehensive planning or land |
| 159 | development regulation. The county or affected local government |
| 160 | shall forward a copy of any such comments regarding |
| 161 | comprehensive plan amendments to the state land planning agency. |
| 162 | (7)(5) To facilitate the exchange of information provided |
| 163 | for in this section, a representative of a military installation |
| 164 | acting on behalf of all military installations within that |
| 165 | jurisdiction shall be included as an ex officio, nonvoting |
| 166 | member of the county's or affected local government's land |
| 167 | planning or zoning board. |
| 168 | (8)(6) The commanding officer is encouraged to provide |
| 169 | information about any community planning assistance grants that |
| 170 | may be available to a county or affected local government |
| 171 | through the federal Office of Economic Adjustment as an |
| 172 | incentive for communities to participate in a joint planning |
| 173 | process that would facilitate the compatibility of community |
| 174 | planning and the activities and mission of the military |
| 175 | installation. |
| 176 | (9)(7) If a local government, as required under s. |
| 177 | 163.3177(6)(a), does not adopt criteria and address |
| 178 | compatibility of lands adjacent to or closely proximate to |
| 179 | existing military installations in its future land use plan |
| 180 | element by June 30, 2012, the local government, the military |
| 181 | installation, the state land planning agency, and other parties |
| 182 | as identified by the regional planning council, including, but |
| 183 | not limited to, private landowner representatives, shall enter |
| 184 | into mediation conducted pursuant to s. 186.509. If the local |
| 185 | government comprehensive plan does not contain criteria |
| 186 | addressing compatibility by December 31, 2013, the agency may |
| 187 | notify the Administration Commission. The Administration |
| 188 | Commission may impose sanctions pursuant to s. 163.3184(11). |
| 189 | As used in this section, the term: |
| 190 | (a) "Affected local government" means a municipality |
| 191 | adjacent to or in close proximity to the military installation |
| 192 | as determined by the state land planning agency. |
| 193 | (b) "Military installation" means a base, camp, post, |
| 194 | station, airfield, yard, center, home port facility for any |
| 195 | ship, or other land area under the jurisdiction of the |
| 196 | Department of Defense, including any leased facility. Such term |
| 197 | does not include any facility used primarily for civil works, |
| 198 | rivers and harbors projects, or flood control projects. |
| 199 | Section 2. Paragraph (a) of subsection (6) of section |
| 200 | 163.3177, Florida Statutes, is amended to read: |
| 201 | 163.3177 Required and optional elements of comprehensive |
| 202 | plan; studies and surveys.- |
| 203 | (6) In addition to the requirements of subsections (1)-(5) |
| 204 | and (12), the comprehensive plan shall include the following |
| 205 | elements: |
| 206 | (a) A future land use plan element designating proposed |
| 207 | future general distribution, location, and extent of the uses of |
| 208 | land for residential uses, commercial uses, industry, |
| 209 | agriculture, recreation, conservation, education, public |
| 210 | buildings and grounds, other public facilities, and other |
| 211 | categories of the public and private uses of land. Counties are |
| 212 | encouraged to designate rural land stewardship areas, pursuant |
| 213 | to paragraph (11)(d), as overlays on the future land use map. |
| 214 | Each future land use category must be defined in terms of uses |
| 215 | included, and must include standards to be followed in the |
| 216 | control and distribution of population densities and building |
| 217 | and structure intensities. The proposed distribution, location, |
| 218 | and extent of the various categories of land use shall be shown |
| 219 | on a land use map or map series which shall be supplemented by |
| 220 | goals, policies, and measurable objectives. The future land use |
| 221 | plan shall be based upon surveys, studies, and data regarding |
| 222 | the area, including the amount of land required to accommodate |
| 223 | anticipated growth; the projected population of the area; the |
| 224 | character of undeveloped land; the availability of water |
| 225 | supplies, public facilities, and services; the need for |
| 226 | redevelopment, including the renewal of blighted areas and the |
| 227 | elimination of nonconforming uses which are inconsistent with |
| 228 | the character of the community; the compatibility of uses on |
| 229 | lands adjacent to or closely proximate to military |
| 230 | installations; lands adjacent to an airport as defined in s. |
| 231 | 330.35 and consistent with s. 333.02; the discouragement of |
| 232 | urban sprawl; energy-efficient land use patterns accounting for |
| 233 | existing and future electric power generation and transmission |
| 234 | systems; greenhouse gas reduction strategies; and, in rural |
| 235 | communities, the need for job creation, capital investment, and |
| 236 | economic development that will strengthen and diversify the |
| 237 | community's economy. The future land use plan may designate |
| 238 | areas for future planned development use involving combinations |
| 239 | of types of uses for which special regulations may be necessary |
| 240 | to ensure development in accord with the principles and |
| 241 | standards of the comprehensive plan and this act. The future |
| 242 | land use plan element shall include criteria to be used to |
| 243 | achieve the compatibility of lands adjacent or closely proximate |
| 244 | to military installations, based on factors identified in s. |
| 245 | 163.3175(5), and lands adjacent to an airport as defined in s. |
| 246 | 330.35 and consistent with s. 333.02. In addition, for rural |
| 247 | communities, the amount of land designated for future planned |
| 248 | industrial use shall be based upon surveys and studies that |
| 249 | reflect the need for job creation, capital investment, and the |
| 250 | necessity to strengthen and diversify the local economies, and |
| 251 | may not be limited solely by the projected population of the |
| 252 | rural community. The future land use plan of a county may also |
| 253 | designate areas for possible future municipal incorporation. The |
| 254 | land use maps or map series shall generally identify and depict |
| 255 | historic district boundaries and shall designate historically |
| 256 | significant properties meriting protection. For coastal |
| 257 | counties, the future land use element must include, without |
| 258 | limitation, regulatory incentives and criteria that encourage |
| 259 | the preservation of recreational and commercial working |
| 260 | waterfronts as defined in s. 342.07. The future land use element |
| 261 | must clearly identify the land use categories in which public |
| 262 | schools are an allowable use. When delineating the land use |
| 263 | categories in which public schools are an allowable use, a local |
| 264 | government shall include in the categories sufficient land |
| 265 | proximate to residential development to meet the projected needs |
| 266 | for schools in coordination with public school boards and may |
| 267 | establish differing criteria for schools of different type or |
| 268 | size. Each local government shall include lands contiguous to |
| 269 | existing school sites, to the maximum extent possible, within |
| 270 | the land use categories in which public schools are an allowable |
| 271 | use. The failure by a local government to comply with these |
| 272 | school siting requirements will result in the prohibition of the |
| 273 | local government's ability to amend the local comprehensive |
| 274 | plan, except for plan amendments described in s. 163.3187(1)(b), |
| 275 | until the school siting requirements are met. Amendments |
| 276 | proposed by a local government for purposes of identifying the |
| 277 | land use categories in which public schools are an allowable use |
| 278 | are exempt from the limitation on the frequency of plan |
| 279 | amendments contained in s. 163.3187. The future land use element |
| 280 | shall include criteria that encourage the location of schools |
| 281 | proximate to urban residential areas to the extent possible and |
| 282 | shall require that the local government seek to collocate public |
| 283 | facilities, such as parks, libraries, and community centers, |
| 284 | with schools to the extent possible and to encourage the use of |
| 285 | elementary schools as focal points for neighborhoods. For |
| 286 | schools serving predominantly rural counties, defined as a |
| 287 | county with a population of 100,000 or fewer, an agricultural |
| 288 | land use category is eligible for the location of public school |
| 289 | facilities if the local comprehensive plan contains school |
| 290 | siting criteria and the location is consistent with such |
| 291 | criteria. Local governments required to update or amend their |
| 292 | comprehensive plan to include criteria and address compatibility |
| 293 | of lands adjacent or closely proximate to existing military |
| 294 | installations, or lands adjacent to an airport as defined in s. |
| 295 | 330.35 and consistent with s. 333.02, in their future land use |
| 296 | plan element shall transmit the update or amendment to the state |
| 297 | land planning agency by June 30, 2012. |
| 298 | Section 3. Section 196.061, Florida Statutes, is amended |
| 299 | to read: |
| 300 | 196.061 Rental of homestead to constitute abandonment.-The |
| 301 | rental of an entire dwelling previously claimed to be a |
| 302 | homestead for tax purposes shall constitute the abandonment of |
| 303 | said dwelling as a homestead, and said abandonment shall |
| 304 | continue until such dwelling is physically occupied by the owner |
| 305 | thereof. However, such abandonment of such homestead after |
| 306 | January 1 of any year shall not affect the homestead exemption |
| 307 | for tax purposes for that particular year so long as this |
| 308 | provision is not used for 2 consecutive years. The provisions of |
| 309 | this section shall not apply to a member of the Armed Forces of |
| 310 | the United States whose service in such forces is the result of |
| 311 | a mandatory obligation imposed by the federal Selective Service |
| 312 | Act or who volunteers for service as a member of the Armed |
| 313 | Forces of the United States. Moreover, valid military orders |
| 314 | transferring such member shall be sufficient to maintain |
| 315 | permanent residence, for the purpose of s. 196.015, for the |
| 316 | member and his or her spouse. |
| 317 | Section 4. Section 455.02, Florida Statutes, is amended to |
| 318 | read: |
| 319 | 455.02 Licensure of members of the Armed Forces in good |
| 320 | standing with administrative boards and their spouses.- |
| 321 | (1) Any member of the Armed Forces of the United States |
| 322 | now or hereafter on active duty who, at the time of becoming |
| 323 | such a member, was in good standing with any administrative |
| 324 | board of the state and was entitled to practice or engage in his |
| 325 | or her profession or vocation in the state shall be kept in good |
| 326 | standing by such administrative board, without registering, |
| 327 | paying dues or fees, or performing any other act on his or her |
| 328 | part to be performed, as long as he or she is a member of the |
| 329 | Armed Forces of the United States on active duty and for a |
| 330 | period of 6 months after discharge from active duty as a member |
| 331 | of the Armed Forces of the United States, if provided he or she |
| 332 | is not engaged in his or her licensed profession or vocation in |
| 333 | the private sector for profit. |
| 334 | (2) The boards listed in s. 20.165 shall adopt promulgate |
| 335 | rules that exempt exempting the spouse spouses of a member |
| 336 | members of the Armed Forces of the United States from licensure |
| 337 | renewal provisions, but only in cases of his or her absence from |
| 338 | the state because of his or her spouse's their spouses' duties |
| 339 | with the Armed Forces. |
| 340 | (3)(a) The department may issue a temporary professional |
| 341 | license to the spouse of an active duty member of the Armed |
| 342 | Forces of the United States if the spouse applies to the |
| 343 | department in the format prescribed by the department. An |
| 344 | application must include proof that: |
| 345 | 1. The applicant is married to a member of the Armed |
| 346 | Forces of the United States who is on active duty. |
| 347 | 2. The applicant holds a valid license for the profession |
| 348 | issued by another state, the District of Columbia, any |
| 349 | possession or territory of the United States, or any foreign |
| 350 | jurisdiction. |
| 351 | 3. The applicant's spouse is assigned to a duty station in |
| 352 | this state and that the applicant is also assigned to a duty |
| 353 | station in this state pursuant to the member's official active |
| 354 | duty military orders. |
| 355 | 4.a. A complete set of the applicant's fingerprints has |
| 356 | been submitted to the Department of Law Enforcement for a |
| 357 | statewide criminal history check. |
| 358 | b. The Department of Law Enforcement shall forward the |
| 359 | fingerprints submitted pursuant to sub-subparagraph a. to the |
| 360 | Federal Bureau of Investigation for a national criminal history |
| 361 | check. The department shall, and the board may, review the |
| 362 | results of the criminal history checks according to the level 2 |
| 363 | screening standards in s. 435.04 and determine whether the |
| 364 | applicant meets the licensure requirements. The costs of |
| 365 | fingerprint processing shall be borne by the applicant. If the |
| 366 | applicant's fingerprints are submitted through an authorized |
| 367 | agency or vendor, the agency or vendor shall collect the |
| 368 | required processing fees and remit the fees to the Department of |
| 369 | Law Enforcement. |
| 370 | (b) An application must be accompanied by an application |
| 371 | fee prescribed by the department that is sufficient to cover the |
| 372 | cost of issuance of the temporary license. |
| 373 | (c) A temporary license expires 6 months after the date of |
| 374 | issuance and is not renewable. |
| 375 | Section 5. Subsections (4) and (7) of section 250.10, |
| 376 | Florida Statutes, are amended to read: |
| 377 | 250.10 Appointment and duties of the Adjutant General.- |
| 378 | (4)(a) The Adjutant General shall, subject to confirmation |
| 379 | by the Senate, employ a federally recognized officer of the |
| 380 | Florida National Guard, who has served in the Florida Army Guard |
| 381 | for the preceding 5 years and attained the rank of colonel or |
| 382 | higher at the time of appointment, to be the Assistant Adjutant |
| 383 | General for Army. |
| 384 | (b) The Adjutant General may, subject to confirmation by |
| 385 | the Senate, employ an additional federally recognized officer of |
| 386 | the Florida National Guard, who has served in the Florida Army |
| 387 | Guard for the preceding 5 years and attained the rank of colonel |
| 388 | or higher at the time of appointment, to be a second Assistant |
| 389 | Adjutant General for Army. |
| 390 |
|
| 391 | Each The officer shall perform the duties required by the |
| 392 | Adjutant General. |
| 393 | (7) The Adjutant General shall develop an education |
| 394 | assistance program for members in good standing of the Florida |
| 395 | National Guard who enroll in an authorized course of study at a |
| 396 | public or nonpublic institution of higher learning in the state |
| 397 | which has been accredited by an accrediting body recognized by |
| 398 | the United States Department of Education or licensed by the |
| 399 | Commission for Independent Education the Commission on Colleges |
| 400 | of the Southern Association of Colleges and Schools. This |
| 401 | program shall be known as the Educational Dollars for Duty |
| 402 | program (EDD). |
| 403 | (a) The program shall set forth application requirements, |
| 404 | including, but not limited to, requirements that the applicant: |
| 405 | 1. Be 17 years of age or older. |
| 406 | 2. Be presently domiciled in the state. |
| 407 | 3. Be an active drilling member and in good standing in |
| 408 | the Florida National Guard at the beginning of and throughout |
| 409 | the entire academic term for which benefits are received. |
| 410 | 4. Maintain continuous satisfactory participation in the |
| 411 | Florida National Guard for any school term for which exemption |
| 412 | benefits are received. |
| 413 | 5. Upon enrollment in the program, complete a memorandum |
| 414 | of agreement to comply with the rules of the program and serve |
| 415 | in the Florida National Guard for the period specified in the |
| 416 | member's enlistment or reenlistment contract. |
| 417 | (b) The program shall define those members of the Florida |
| 418 | National Guard who are ineligible to participate in the program |
| 419 | and those courses of study which are not authorized for the |
| 420 | program. |
| 421 | 1. Ineligible members include, but are not limited to, any |
| 422 | member, commissioned officer, warrant officer, or enlisted |
| 423 | person who has obtained a master's degree using the program. |
| 424 | 2. Courses not authorized include noncredit courses, |
| 425 | courses that do not meet degree requirements, courses that do |
| 426 | not meet requirements for completion of career training, or |
| 427 | other courses as determined by program definitions. |
| 428 | 3. College-preparatory courses are authorized for the |
| 429 | program. |
| 430 | (c) The Adjutant General shall adopt rules for the overall |
| 431 | policy, guidance, administration, implementation, and proper use |
| 432 | of the program. Such rules must include, but not be limited to, |
| 433 | guidelines for certification by the Adjutant General of a guard |
| 434 | member's eligibility, procedures for notification to an |
| 435 | institution of a guard member's termination of eligibility, and |
| 436 | procedures for restitution when a guard member fails to comply |
| 437 | with the penalties described in this section. |
| 438 | Section 6. This act shall take effect July 1, 2010. |