2019 Legislature             CS for CS for SB 620, 1st Engrossed
    2         An act relating to military-friendly initiatives;
    3         amending s. 163.3175, F.S.; specifying additional
    4         military installations that may exchange certain
    5         information with local governments regarding
    6         compatibility of land development; amending s.
    7         197.572, F.S.; providing that an easement for certain
    8         military lands continues after a tax sale or deed
    9         execution; amending s. 320.08058, F.S.; directing the
   10         Department of Highway Safety and Motor Vehicles to
   11         develop a Blue Angels license plate; providing for the
   12         distribution and use of fees collected from the sale
   13         of such plate; amending s. 1003.05, F.S.; requiring a
   14         student whose parent is transferred or pending
   15         transfer to a military installation within a school
   16         district to be considered a resident of the district
   17         and provided preferential treatment in the controlled
   18         open enrollment process under certain circumstances;
   19         amending s. 1009.21, F.S.; revising requirements for
   20         active duty servicemembers and their families to be
   21         classified as residents for tuition purposes;
   22         providing an effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Present paragraphs (i) through (n) of subsection
   27  (2) of section 163.3175, Florida Statutes, are redesignated as
   28  paragraphs (j) through (o), respectively, and a new paragraph
   29  (i) and paragraph (p) are added to that subsection, to read:
   30         163.3175 Legislative findings on compatibility of
   31  development with military installations; exchange of information
   32  between local governments and military installations.—
   33         (2) Certain major military installations, due to their
   34  mission and activities, have a greater potential for
   35  experiencing compatibility and coordination issues than others.
   36  Consequently, this section and the provisions in s.
   37  163.3177(6)(a), relating to compatibility of land development
   38  with military installations, apply to specific affected local
   39  governments in proximity to and in association with specific
   40  military installations, as follows:
   41         (i)Naval Support Activity Orlando, including Bugg Spring
   42  and Naval Ordnance Test Unit, associated with Orange County and
   43  Orlando.
   44         (p)United States Southern Command, associated with Miami
   45  Dade County and Doral.
   46         Section 2. Section 197.572, Florida Statutes, is amended to
   47  read:
   48         197.572 Certain easements for conservation purposes, public
   49  service purposes, support of certain improvements, or drainage
   50  or ingress and egress survive tax sales and deeds.—
   51         (1) When any lands are sold for the nonpayment of taxes, or
   52  any tax certificate is issued thereon by a governmental unit or
   53  agency or pursuant to any tax lien foreclosure proceeding, the
   54  title to the lands shall continue to be subject to any easement:
   55         (a) For conservation purposes as provided in s. 704.06 or
   56  for telephone, telegraph, pipeline, power transmission, or other
   57  public service purpose.;
   58         (b)and shall continue to be subject to any easement That
   59  supports improvements that may be constructed above the lands.;
   60         (c)and any easement For the purposes of drainage or of
   61  ingress and egress to and from other land.
   62         (d)For base buffering encroachment lands acquired through
   63  a fee simple or less-than-fee simple acquisition under s.
   64  288.980(2)(b).
   65         (2)An The easement described in subsection (1) and the
   66  rights of the owner of the easement it shall survive and be
   67  enforceable after the execution, delivery, and recording of a
   68  tax deed, a master’s deed, or a clerk’s certificate of title
   69  pursuant to foreclosure of a tax deed, tax certificate, or tax
   70  lien, to the same extent as though the land had been conveyed by
   71  voluntary deed. The easement must be evidenced by written
   72  instrument recorded in the office of the clerk of the circuit
   73  court in the county where such land is located before the
   74  recording of such tax deed or master’s deed, or, if not
   75  recorded, an easement for a public service purpose must be
   76  evidenced by wires, poles, or other visible occupation, an
   77  easement for drainage must be evidenced by a waterway, water
   78  bed, or other visible occupation, and an easement for the
   79  purpose of ingress and egress must be evidenced by a road or
   80  other visible occupation to be entitled to the benefit of this
   81  section; however, this shall apply only to tax deeds issued
   82  after the effective date of this act.
   83         Section 3. Subsection (84) is added to section 320.08058,
   84  Florida Statutes, to read:
   85         320.08058 Specialty license plates.—
   86         (84) BLUE ANGELS LICENSE PLATES.—
   87         (a) The department shall develop a Blue Angels license
   88  plate as provided in this section and s. 320.08053. The plate
   89  must bear the colors and design approved by the department. The
   90  word “Florida” must appear at the top of the plate, and the
   91  words “Home of the Blue Angels” must appear at the bottom of the
   92  plate; however, the development of the plate is contingent upon
   93  the enactment of legislation creating an annual use fee under s.
   94  320.08056 for the Blue Angels license plate.
   95         (b) The annual use fees from the sale of the plate shall be
   96  distributed to the Naval Aviation Museum Foundation, a nonprofit
   97  Florida corporation under s. 501(c)(3) of the Internal Revenue
   98  Code, to fund the maintenance, programs, marketing, and projects
   99  of the foundation, including the National Naval Aviation Museum
  100  and the National Flight Academy in Pensacola. Up to 10 percent
  101  of the funds received by the Naval Aviation Museum Foundation
  102  may be used for marketing of the plate and costs directly
  103  associated with the administration of the foundation. The Naval
  104  Aviation Museum Foundation shall distribute 50 percent of the
  105  funds to eligible programs and projects associated with the
  106  National Flight Academy and the remainder of the funds to
  107  eligible programs and projects associated with the National
  108  Naval Aviation Museum.
  109         Section 4. Subsection (4) is added to section 1003.05,
  110  Florida Statutes, to read:
  111         1003.05 Assistance to transitioning students from military
  112  families.—
  113         (4)A student whose parent is transferred or is pending
  114  transfer to a military installation within a school district
  115  while on active military duty pursuant to an official military
  116  order shall be considered a resident of the school district for
  117  purposes of enrollment when the order is submitted to the school
  118  district and shall be provided preferential treatment in the
  119  controlled open enrollment process of the school district
  120  pursuant to s. 1002.31.
  121         Section 5. Paragraphs (a) and (b) of subsection (10) of
  122  section 1009.21, Florida Statutes, are amended to read:
  123         1009.21 Determination of resident status for tuition
  124  purposes.—Students shall be classified as residents or
  125  nonresidents for the purpose of assessing tuition in
  126  postsecondary educational programs offered by charter technical
  127  career centers or career centers operated by school districts,
  128  in Florida College System institutions, and in state
  129  universities.
  130         (10) The following persons shall be classified as residents
  131  for tuition purposes:
  132         (a) Active duty members of the Armed Services of the United
  133  States residing or stationed in this state, their spouses, and
  134  their dependent children residing or stationed in this state at
  135  the time of acceptance to a Florida College System institution
  136  or state university, and active drilling members of the Florida
  137  National Guard.
  138         (b) Active duty members of the Armed Services of the United
  139  States and their spouses and dependents attending a Florida
  140  College System institution or state university within 50 miles
  141  of the military establishment where they are stationed at the
  142  time of acceptance to the Florida College System institution or
  143  state university, if such military establishment is within a
  144  county contiguous to Florida.
  145         Section 6. This act shall take effect July 1, 2019.