CS/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 to be
34considered with respect to criteria used to achieve
35compatibility of lands adjacent to military installations
36in a future land use plan element of a comprehensive plan;
37amending s. 196.061, F.S.; providing that valid military
38orders transferring a military servicemember are
39sufficient to maintain permanent residence status of the
40servicemember and his or her spouse for purposes of such
41determination by a property appraiser; amending s. 455.02,
42F.S.; authorizing 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; revising
49accreditation standards for educational institutions with
50respect to the Educational Dollars for Duty education
51assistance program; providing an effective date.
52
53Be It Enacted by the Legislature of the State of Florida:
54
55     Section 1.  Section 163.3175, Florida Statutes, is amended
56to read:
57     163.3175  Legislative findings on compatibility of
58development with military installations; exchange of information
59between local governments and military installations.-
60     (1)  The Legislature finds that incompatible development of
61land close to military installations can adversely affect the
62ability of such an installation to carry out its mission. The
63Legislature further finds that such development also threatens
64the public safety because of the possibility of accidents
65occurring within the areas surrounding a military installation.
66In addition, the economic vitality of a community is affected
67when military operations and missions must relocate because of
68incompatible urban encroachment. Therefore, the Legislature
69finds it desirable for the local governments in the state to
70cooperate with military installations to encourage compatible
71land use, help prevent incompatible encroachment, and facilitate
72the continued presence of major military installations in this
73state.
74     (2)  Certain major military installations, due to their
75mission and activities, have a greater potential for
76experiencing compatibility and coordination issues than others.
77Consequently, this section and the provisions in s.
78163.3177(6)(a), relating to compatibility of land development
79with military installations, apply to specific affected local
80governments in proximity to and in association with specific
81military installations, as follows:
82     (a)  Avon Park Air Force Range, associated with Highlands,
83Okeechobee, Osceola, and Polk Counties and Avon Park, Sebring,
84and Frostproof.
85     (b)  Camp Blanding, associated with Clay, Bradford, and
86Putnam Counties.
87     (c)  Eglin Air Force Base and Hurlburt Field, associated
88with Gulf, Okaloosa, Santa Rosa, and Walton Counties and Cinco
89Bayou, Crestview, Destin, DeFuniak Springs, Fort Walton Beach,
90Freeport, Laurel Hill, Mary Esther, Niceville, Shalimar, and
91Valparaiso.
92     (d)  Homestead Air Reserve Base, associated with Miami-Dade
93County and Homestead.
94     (e)  Jacksonville Training Range Complex, associated with
95Lake, Marion, Putnam, and Volusia Counties.
96     (f)  MacDill Air Force Base, associated with Tampa.
97     (g)  Naval Air Station Jacksonville, Marine Corps Support
98Facility-Blount Island, and outlying landing field Whitehouse,
99associated with Jacksonville.
100     (h)  Naval Air Station Key West, associated with Monroe
101County and Key West.
102     (i)  Naval Support Activity Panama City, associated with
103Bay County, Panama City, and Panama City Beach.
104     (j)  Naval Air Station Pensacola, associated with Escambia
105County.
106     (k)  Naval Air Station Whiting Field and its outlying
107landing fields, associated with Santa Rosa and Escambia
108Counties.
109     (l)  Naval Station Mayport, associated with Atlantic Beach
110and Jacksonville.
111     (m)  Patrick Air Force Base and Cape Canaveral Air Force
112Station, associated with Brevard County and Satellite Beach.
113     (n)  Tyndall Air Force Base, associated with Bay County and
114Mexico Beach and Parker.
115     (3)  The Florida Council on Military Base and Mission
116Support may recommend to the Legislature changes to the military
117installations and local governments specified in subsection (2)
118based on a military base's potential for impacts from
119encroachment, and incompatible land uses and development.
120     (4)(2)  Each affected local government county in which a
121military installation is either wholly or partially located and
122each affected local government must transmit to the commanding
123officer of the relevant associated that installation or
124installations information relating to proposed changes to
125comprehensive plans, plan amendments, and proposed changes to
126land development regulations which, if approved, would affect
127the intensity, density, or use of the land adjacent to or in
128close proximity to the military installation. At the request of
129the commanding officer, affected local governments must also
130transmit to the commanding officer copies of applications for
131development orders requesting a variance or waiver from height
132or lighting restrictions or noise attenuation reduction
133requirements within areas defined in the local government's
134comprehensive plan as being in a zone of influence of the
135military installation. Each county and affected local government
136shall provide the military installation an opportunity to review
137and comment on the proposed changes.
138     (5)(3)  The commanding officer or his or her designee may
139provide comments to the county or affected local government on
140the impact such proposed changes may have on the mission of the
141military installation. Such comments may include:
142     (a)  If the installation has an airfield, whether such
143proposed changes will be incompatible with the safety and noise
144standards 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
147Installation Environmental Noise Management Program (IENMP) of
148the United States Army;
149     (c)  Whether such changes are incompatible with the
150findings of a Joint Land Use Study (JLUS) for the area if one
151has been completed; and
152     (d)  Whether the military installation's mission will be
153adversely affected by the proposed actions of the county or
154affected local government.
155     (6)(4)  The county or affected local government shall take
156into consideration any comments provided by the commanding
157officer or his or her designee pursuant to subsection (4) when
158making such decision regarding comprehensive planning or land
159development regulation. The county or affected local government
160shall forward a copy of any such comments regarding
161comprehensive plan amendments to the state land planning agency.
162     (7)(5)  To facilitate the exchange of information provided
163for in this section, a representative of a military installation
164acting on behalf of all military installations within that
165jurisdiction shall be included as an ex officio, nonvoting
166member of the county's or affected local government's land
167planning or zoning board.
168     (8)(6)  The commanding officer is encouraged to provide
169information about any community planning assistance grants that
170may be available to a county or affected local government
171through programs such as those of the federal Office of Economic
172Adjustment as an incentive for communities to participate in a
173joint planning process that would facilitate the compatibility
174of community planning and the activities and mission of the
175military installation.
176     (9)(7)  If a local government, as required under s.
177163.3177(6)(a), does not adopt criteria and address
178compatibility of lands adjacent to or closely proximate to
179existing military installations in its future land use plan
180element by June 30, 2012, the local government, the military
181installation, the state land planning agency, and other parties
182as identified by the regional planning council, including, but
183not limited to, private landowner representatives, shall enter
184into mediation conducted pursuant to s. 186.509. If the local
185government comprehensive plan does not contain criteria
186addressing compatibility by December 31, 2013, the agency may
187notify the Administration Commission. The Administration
188Commission may impose sanctions pursuant to s. 163.3184(11).
189As used in this section, the term:
190     (a)  "Affected local government" means a municipality
191adjacent to or in close proximity to the military installation
192as determined by the state land planning agency.
193     (b)  "Military installation" means a base, camp, post,
194station, airfield, yard, center, home port facility for any
195ship, or other land area under the jurisdiction of the
196Department of Defense, including any leased facility. Such term
197does not include any facility used primarily for civil works,
198rivers and harbors projects, or flood control projects.
199     Section 2.  Paragraph (a) of subsection (6) of section
200163.3177, Florida Statutes, is amended to read:
201     163.3177  Required and optional elements of comprehensive
202plan; studies and surveys.-
203     (6)  In addition to the requirements of subsections (1)-(5)
204and (12), the comprehensive plan shall include the following
205elements:
206     (a)  A future land use plan element designating proposed
207future general distribution, location, and extent of the uses of
208land for residential uses, commercial uses, industry,
209agriculture, recreation, conservation, education, public
210buildings and grounds, other public facilities, and other
211categories of the public and private uses of land. Counties are
212encouraged to designate rural land stewardship areas, pursuant
213to paragraph (11)(d), as overlays on the future land use map.
214Each future land use category must be defined in terms of uses
215included, and must include standards to be followed in the
216control and distribution of population densities and building
217and structure intensities. The proposed distribution, location,
218and extent of the various categories of land use shall be shown
219on a land use map or map series which shall be supplemented by
220goals, policies, and measurable objectives. The future land use
221plan shall be based upon surveys, studies, and data regarding
222the area, including the amount of land required to accommodate
223anticipated growth; the projected population of the area; the
224character of undeveloped land; the availability of water
225supplies, public facilities, and services; the need for
226redevelopment, including the renewal of blighted areas and the
227elimination of nonconforming uses which are inconsistent with
228the character of the community; the compatibility of uses on
229lands adjacent to or closely proximate to military
230installations; lands adjacent to an airport as defined in s.
231330.35 and consistent with s. 333.02; the discouragement of
232urban sprawl; energy-efficient land use patterns accounting for
233existing and future electric power generation and transmission
234systems; greenhouse gas reduction strategies; and, in rural
235communities, the need for job creation, capital investment, and
236economic development that will strengthen and diversify the
237community's economy. The future land use plan may designate
238areas for future planned development use involving combinations
239of types of uses for which special regulations may be necessary
240to ensure development in accord with the principles and
241standards of the comprehensive plan and this act. The future
242land use plan element shall include criteria to be used to
243achieve the compatibility of lands adjacent or closely proximate
244to military installations, considering factors identified in s.
245163.3175(5), and lands adjacent to an airport as defined in s.
246330.35 and consistent with s. 333.02. In addition, for rural
247communities, the amount of land designated for future planned
248industrial use shall be based upon surveys and studies that
249reflect the need for job creation, capital investment, and the
250necessity to strengthen and diversify the local economies, and
251may not be limited solely by the projected population of the
252rural community. The future land use plan of a county may also
253designate areas for possible future municipal incorporation. The
254land use maps or map series shall generally identify and depict
255historic district boundaries and shall designate historically
256significant properties meriting protection. For coastal
257counties, the future land use element must include, without
258limitation, regulatory incentives and criteria that encourage
259the preservation of recreational and commercial working
260waterfronts as defined in s. 342.07. The future land use element
261must clearly identify the land use categories in which public
262schools are an allowable use. When delineating the land use
263categories in which public schools are an allowable use, a local
264government shall include in the categories sufficient land
265proximate to residential development to meet the projected needs
266for schools in coordination with public school boards and may
267establish differing criteria for schools of different type or
268size. Each local government shall include lands contiguous to
269existing school sites, to the maximum extent possible, within
270the land use categories in which public schools are an allowable
271use. The failure by a local government to comply with these
272school siting requirements will result in the prohibition of the
273local government's ability to amend the local comprehensive
274plan, except for plan amendments described in s. 163.3187(1)(b),
275until the school siting requirements are met. Amendments
276proposed by a local government for purposes of identifying the
277land use categories in which public schools are an allowable use
278are exempt from the limitation on the frequency of plan
279amendments contained in s. 163.3187. The future land use element
280shall include criteria that encourage the location of schools
281proximate to urban residential areas to the extent possible and
282shall require that the local government seek to collocate public
283facilities, such as parks, libraries, and community centers,
284with schools to the extent possible and to encourage the use of
285elementary schools as focal points for neighborhoods. For
286schools serving predominantly rural counties, defined as a
287county with a population of 100,000 or fewer, an agricultural
288land use category is eligible for the location of public school
289facilities if the local comprehensive plan contains school
290siting criteria and the location is consistent with such
291criteria. Local governments required to update or amend their
292comprehensive plan to include criteria and address compatibility
293of lands adjacent or closely proximate to existing military
294installations, or lands adjacent to an airport as defined in s.
295330.35 and consistent with s. 333.02, in their future land use
296plan element shall transmit the update or amendment to the state
297land planning agency by June 30, 2012.
298     Section 3.  Section 196.061, Florida Statutes, is amended
299to read:
300     196.061  Rental of homestead to constitute abandonment.-The
301rental of an entire dwelling previously claimed to be a
302homestead for tax purposes shall constitute the abandonment of
303said dwelling as a homestead, and said abandonment shall
304continue until such dwelling is physically occupied by the owner
305thereof. However, such abandonment of such homestead after
306January 1 of any year shall not affect the homestead exemption
307for tax purposes for that particular year so long as this
308provision is not used for 2 consecutive years. The provisions of
309this section shall not apply to a member of the Armed Forces of
310the United States whose service in such forces is the result of
311a mandatory obligation imposed by the federal Selective Service
312Act or who volunteers for service as a member of the Armed
313Forces of the United States. Moreover, valid military orders
314transferring such member shall be sufficient to maintain
315permanent residence, for the purpose of s. 196.015, for the
316member and his or her spouse.
317     Section 4.  Section 455.02, Florida Statutes, is amended to
318read:
319     455.02  Licensure of members of the Armed Forces in good
320standing with administrative boards and their spouses.-
321     (1)  Any member of the Armed Forces of the United States
322now or hereafter on active duty who, at the time of becoming
323such a member, was in good standing with any administrative
324board of the state and was entitled to practice or engage in his
325or her profession or vocation in the state shall be kept in good
326standing by such administrative board, without registering,
327paying dues or fees, or performing any other act on his or her
328part to be performed, as long as he or she is a member of the
329Armed Forces of the United States on active duty and for a
330period of 6 months after discharge from active duty as a member
331of the Armed Forces of the United States, if provided he or she
332is not engaged in his or her licensed profession or vocation in
333the private sector for profit.
334     (2)  The boards listed in s. 20.165 shall adopt promulgate
335rules that exempt exempting the spouse spouses of a member
336members of the Armed Forces of the United States from licensure
337renewal provisions, but only in cases of his or her absence from
338the state because of his or her spouse's their spouses' duties
339with the Armed Forces.
340     (3)(a)  The department may issue a temporary professional
341license to the spouse of an active duty member of the Armed
342Forces of the United States if the spouse applies to the
343department in the format prescribed by the department. An
344application must include proof that:
345     1.  The applicant is married to a member of the Armed
346Forces of the United States who is on active duty.
347     2.  The applicant holds a valid license for the profession
348issued by another state, the District of Columbia, any
349possession or territory of the United States, or any foreign
350jurisdiction.
351     3.  The applicant's spouse is assigned to a duty station in
352this state and that the applicant is also assigned to a duty
353station in this state pursuant to the member's official active
354duty military orders.
355     4.a.  A complete set of the applicant's fingerprints has
356been submitted to the Department of Law Enforcement for a
357statewide criminal history check.
358     b.  The Department of Law Enforcement shall forward the
359fingerprints submitted pursuant to sub-subparagraph a. to the
360Federal Bureau of Investigation for a national criminal history
361check. The department shall, and the board may, review the
362results of the criminal history checks according to the level 2
363screening standards in s. 435.04 and determine whether the
364applicant meets the licensure requirements. The costs of
365fingerprint processing shall be borne by the applicant. If the
366applicant's fingerprints are submitted through an authorized
367agency or vendor, the agency or vendor shall collect the
368required processing fees and remit the fees to the Department of
369Law Enforcement.
370     (b)  An application must be accompanied by an application
371fee prescribed by the department that is sufficient to cover the
372cost of issuance of the temporary license.
373     (c)  A temporary license expires 6 months after the date of
374issuance and is not renewable.
375     Section 5.  Subsections (4) and (7) of section 250.10,
376Florida 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
379by the Senate, employ a federally recognized officer of the
380Florida National Guard, who has served in the Florida Army Guard
381for the preceding 5 years and attained the rank of colonel or
382higher at the time of appointment, to be the Assistant Adjutant
383General for Army.
384     (b)  The Adjutant General may, subject to confirmation by
385the Senate, employ an additional federally recognized officer of
386the Florida National Guard, who has served in the Florida Army
387Guard for the preceding 5 years and attained the rank of colonel
388or higher at the time of appointment, to be a second Assistant
389Adjutant General for Army.
390
391Each The officer shall perform the duties required by the
392Adjutant General.
393     (7)  The Adjutant General shall develop an education
394assistance program for members in good standing of the Florida
395National Guard who enroll in an authorized course of study at a
396public or nonpublic institution of higher learning in the state
397which has been accredited by an accrediting body recognized by
398the United States Department of Education or licensed by the
399Commission for Independent Education the Commission on Colleges
400of the Southern Association of Colleges and Schools. This
401program shall be known as the Educational Dollars for Duty
402program (EDD).
403     (a)  The program shall set forth application requirements,
404including, 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
408the Florida National Guard at the beginning of and throughout
409the entire academic term for which benefits are received.
410     4.  Maintain continuous satisfactory participation in the
411Florida National Guard for any school term for which exemption
412benefits are received.
413     5.  Upon enrollment in the program, complete a memorandum
414of agreement to comply with the rules of the program and serve
415in the Florida National Guard for the period specified in the
416member's enlistment or reenlistment contract.
417     (b)  The program shall define those members of the Florida
418National Guard who are ineligible to participate in the program
419and those courses of study which are not authorized for the
420program.
421     1.  Ineligible members include, but are not limited to, any
422member, commissioned officer, warrant officer, or enlisted
423person who has obtained a master's degree using the program.
424     2.  Courses not authorized include noncredit courses,
425courses that do not meet degree requirements, courses that do
426not meet requirements for completion of career training, or
427other courses as determined by program definitions.
428     3.  College-preparatory courses are authorized for the
429program.
430     (c)  The Adjutant General shall adopt rules for the overall
431policy, guidance, administration, implementation, and proper use
432of the program. Such rules must include, but not be limited to,
433guidelines for certification by the Adjutant General of a guard
434member's eligibility, procedures for notification to an
435institution of a guard member's termination of eligibility, and
436procedures for restitution when a guard member fails to comply
437with the penalties described in this section.
438     Section 6.  This act shall take effect July 1, 2010.


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