Florida Senate - 2023                                    SB 1666
       
       
        
       By Senator Wright
       
       
       
       
       
       8-01435A-23                                           20231666__
    1                        A bill to be entitled                      
    2         An act relating to marine encroachment on spaceflight
    3         and military operations; amending s. 163.3175, F.S.;
    4         revising legislative findings; encouraging the sharing
    5         of information about certain community grants through
    6         specified federal programs to facilitate the
    7         compatibility and resiliency of community planning and
    8         the activities and mission of a military installation
    9         or range; amending s. 327.462, F.S.; requiring the
   10         head of a law enforcement agency or entity to report
   11         the establishment of a temporary protection zone to
   12         the appropriate port authority; requiring the port
   13         authority to direct a licensed state pilot or
   14         certificated deputy pilot to hand deliver written
   15         notice of such establishment and related penalties to
   16         operators of certain vessels; requiring such operators
   17         to sign and return such notice to the state pilot or
   18         deputy pilot; providing penalties; amending ss.
   19         163.3177, 163.3184, and 380.0651, F.S.; conforming
   20         provisions to changes made by the act; making
   21         technical changes; providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 163.3175, Florida Statutes, is amended
   26  to read:
   27         163.3175 Legislative findings on compatibility of
   28  development with military installations and ranges; exchange of
   29  information between local governments and military installations
   30  and ranges.—
   31         (1) The Legislature finds that incompatible development on
   32  of land and in state-controlled waters close to military
   33  installations and ranges can adversely affect the ability of
   34  such an installation or range to carry out its mission. The
   35  Legislature further finds that such development also threatens
   36  the public safety because of the possibility of accidents
   37  occurring within the areas surrounding a military installation
   38  or range. In addition, the economic vitality of a community is
   39  affected when military operations and missions must relocate
   40  because of incompatible urban encroachment. Therefore, the
   41  Legislature finds it desirable for the local governments in the
   42  state to cooperate with military installations and ranges to
   43  encourage compatible land use and activities in state-controlled
   44  waters, help prevent incompatible encroachment, and facilitate
   45  the continued presence of major military installations and
   46  ranges in this state.
   47         (2) Certain major military installations and ranges, due to
   48  their mission and activities, have a greater potential for
   49  experiencing compatibility and coordination issues than others.
   50  Consequently, this section and the provisions in s.
   51  163.3177(6)(a), relating to compatibility of land development
   52  and activities in state-controlled waters with military
   53  installations and ranges, apply to specific affected local
   54  governments in proximity to and in association with specific
   55  military installations and ranges, as follows:
   56         (a) Avon Park Air Force Range, associated with Highlands,
   57  Okeechobee, Osceola, and Polk Counties and Avon Park, Sebring,
   58  and Frostproof.
   59         (b) Camp Blanding, associated with Clay, Bradford, and
   60  Putnam Counties.
   61         (c) Eglin Air Force Base and Hurlburt Field, associated
   62  with Gulf, Okaloosa, Santa Rosa, and Walton Counties and Cinco
   63  Bayou, Crestview, Destin, DeFuniak Springs, Fort Walton Beach,
   64  Freeport, Laurel Hill, Mary Esther, Niceville, Shalimar, and
   65  Valparaiso.
   66         (d) Homestead Air Reserve Base, associated with Miami-Dade
   67  County and Homestead.
   68         (e) Jacksonville Training Range Complex, associated with
   69  Lake, Marion, Putnam, and Volusia Counties.
   70         (f) MacDill Air Force Base, associated with Hillsborough
   71  County and Tampa.
   72         (g) Naval Air Station Jacksonville, Marine Corps Support
   73  Facility-Blount Island, and Outlying Landing Field Whitehouse,
   74  and the Florida Air National Guard associated with Duval County
   75  and Jacksonville.
   76         (h) Naval Air Station Key West, including various annexes
   77  across Boca Chica Key and Key West as well as the Fleming
   78  Bay/Patton Water Drop Zone training range used by the Army
   79  Special Forces Underwater Operations School, associated with
   80  Monroe County and Key West.
   81         (i) Naval Support Activity Orlando, including Bugg Spring
   82  and Naval Ordnance Test Unit, associated with Orange, Brevard,
   83  and Lake Counties, County and Orlando, Canaveral Port Authority,
   84  and Okahumpka.
   85         (j) Naval Support Activity Panama City, associated with Bay
   86  County, Panama City, and Panama City Beach.
   87         (k) Naval Air Station Pensacola, associated with Escambia
   88  County.
   89         (l) Naval Air Station Whiting Field and its outlying
   90  landing fields, associated with Santa Rosa and Escambia
   91  Counties.
   92         (m) Naval Station Mayport, associated with Duval County,
   93  Atlantic Beach, and Jacksonville.
   94         (n) Patrick Space Force Base and Cape Canaveral Space Force
   95  Station, associated with Brevard County, Canaveral Port
   96  Authority, and Satellite Beach.
   97         (o) Tyndall Air Force Base, associated with Bay County, and
   98  Mexico Beach, and Parker.
   99         (p) United States Southern Command, associated with Miami
  100  Dade County and Doral.
  101         (q)South Florida Ocean Measurement Facility, associated
  102  with Broward County and Dania Beach.
  103         (r)United States Coast Guard Sector Jacksonville,
  104  including Station Mayport, Station Port Canaveral, Station Ponce
  105  De Leon Inlet, Aids to Navigation Team Jacksonville, and
  106  Helicopter Interdiction Tactical Squadron (HITRON), associated
  107  with Duval, Brevard, and Volusia Counties and Jacksonville,
  108  Jacksonville Beach, Atlantic Beach, Canaveral Port Authority,
  109  and New Smyrna Beach.
  110         (s)United States Coast Guard Sector Miami, including Base
  111  Miami Beach, Station Fort Lauderdale, Station Fort Pierce, Air
  112  Station Miami, Station Lake Worth Inlet, and Civil Engineering
  113  Unit Miami, associated with St. Lucie, Palm Beach, Broward, and
  114  Miami-Dade Counties and Fort Pierce, Riviera Beach, Dania Beach,
  115  Opa-locka, Miami, and Miami Beach.
  116         (t)United States Coast Guard Sector Key West, including
  117  Station Key West, Station Islamorada, and Station Marathon,
  118  associated with Monroe County and Key West, Islamorada, and
  119  Marathon.
  120         (u)United States Coast Guard Sector St. Petersburg,
  121  including Station St. Petersburg, Air Station Clearwater,
  122  Station Cortez, Station Fort Myers Beach, Station Sand Key, and
  123  Station Yankeetown, associated with Pinellas, Manatee, Lee, and
  124  Levy Counties and St. Petersburg, Clearwater, Cortez, Fort Myers
  125  Beach, and Yankeetown.
  126         (v)United States Coast Guard Sector Mobile, including
  127  Station Panama City, Station Destin, and Station Pensacola,
  128  associated with Bay, Okaloosa, and Escambia Counties and Panama
  129  City, Destin, and Pensacola.
  130         (3) The Florida Defense Support Task Force may recommend to
  131  the Legislature changes to the military installations and ranges
  132  and local governments specified in subsection (2) based on a
  133  military base’s or range’s potential for impacts from
  134  encroachment, and incompatible land uses and development.
  135         (4) Each affected local government must transmit to the
  136  commanding officer of the relevant associated installation, or
  137  installations, or ranges information relating to proposed
  138  changes to comprehensive plans, plan amendments, and proposed
  139  changes to land development regulations which, if approved,
  140  would affect the intensity, density, or use of the land adjacent
  141  to or in close proximity to the military installation or range.
  142  At the request of the commanding officer, affected local
  143  governments must also transmit to the commanding officer copies
  144  of applications for development orders requesting a variance or
  145  waiver from height or lighting restrictions or noise attenuation
  146  reduction requirements within areas defined in the local
  147  government’s comprehensive plan as being in a zone of influence
  148  of the military installation or range. Each affected local
  149  government shall provide the military installation or range
  150  control military authority an opportunity to review and comment
  151  on the proposed changes.
  152         (5) The commanding officer or his or her designee may
  153  provide advisory comments to the affected local government on
  154  the impact such proposed changes may have on the mission of the
  155  military installation or range. Such advisory comments must
  156  shall be based on appropriate data and analyses provided with
  157  the comments and may include:
  158         (a) If the installation has an airfield or range, whether
  159  such proposed changes will be incompatible with the safety and
  160  noise standards contained in the Air Installation Compatible Use
  161  Zone (AICUZ) or the Range Air Installation Compatible Use Zone
  162  (RAICUZ) adopted by the military installation for that airfield
  163  or range;
  164         (b) Whether such changes are incompatible with the
  165  Installation Environmental Noise Management Program (IENMP) of
  166  the United States Army;
  167         (c) Whether such changes are incompatible with the findings
  168  of a Joint Land Use Study (JLUS), Compatible Use Plan Study, or
  169  Military Installation Resilience Review (MIRR) for the area if
  170  one has been completed; and
  171         (d) Whether the military installation’s or range’s mission
  172  will be adversely affected by the proposed actions of the
  173  county, or affected local government, or controlling authority.
  174  
  175  The commanding officer’s comments, underlying studies, and
  176  reports shall be considered by the local government in the same
  177  manner as the comments received from other reviewing agencies
  178  pursuant to s. 163.3184.
  179         (6) The affected local government shall take into
  180  consideration any comments and accompanying data and analyses
  181  provided by the commanding officer or his or her designee
  182  pursuant to subsection (4) as they relate to the strategic
  183  mission of the base, public safety, and the economic vitality
  184  associated with the base’s operations, while also respecting
  185  private property rights and not being unduly restrictive on
  186  those rights. The affected local government shall forward a copy
  187  of any comments regarding comprehensive plan amendments to the
  188  state land planning agency.
  189         (7) To facilitate the exchange of information provided for
  190  in this section, a representative of a military installation or
  191  range acting on behalf of all military installations and ranges
  192  within that jurisdiction shall serve ex officio as a nonvoting
  193  member of the county’s or affected local government’s land
  194  planning or zoning board. The representative is not required to
  195  file a statement of financial interest pursuant to s. 112.3145
  196  solely due to his or her service on the county’s or affected
  197  local government’s land planning or zoning board.
  198         (8) The commanding officer is encouraged to provide
  199  information about any community planning assistance grants that
  200  may be available to a county or affected local government
  201  through programs such as those of the federal Office of Local
  202  Defense Community Cooperation Economic Adjustment as an
  203  incentive for communities to participate in a joint planning
  204  process that would facilitate the compatibility and resiliency
  205  of community planning and the activities and mission of the
  206  military installation or range.
  207         Section 2. Subsections (4) and (6) of section 327.462,
  208  Florida Statutes, are amended to read:
  209         327.462 Temporary protection zones for spaceflight launches
  210  and recovery of spaceflight assets.—
  211         (4)(a)Upon the establishment of a protection zone under
  212  this section, the head of a law enforcement agency or entity
  213  establishing the a protection zone under this section, or his or
  214  her designee, must report the establishment of such protection
  215  zone via e-mail to the commission’s Division of Law Enforcement,
  216  Boating and Waterways Section, and to the appropriate United
  217  States Coast Guard Sector Command having responsibility over the
  218  water body, and to the appropriate port authority at least 72
  219  hours before establishment of the protection zone. Such report
  220  must include the reasons for the protection zone, the portion of
  221  the water body or water bodies which will be included in the
  222  protection zone, and the duration of the protection zone.
  223         (b)Upon receipt of the report required under paragraph
  224  (a), the port authority shall direct at least one state pilot
  225  licensed, or at least one deputy pilot certificated, under
  226  chapter 310 to board each cruise or civilian vessel escorted
  227  into or out of the applicable port and hand deliver to the
  228  operator of such vessel a written notice of the establishment of
  229  the protection zone and the penalties for violation provided in
  230  subsection (6). The operator must sign the notice as an
  231  indication that he or she acknowledges the information provided
  232  in the notice and must return the signed notice to the pilot
  233  before the pilot disembarks the vessel.
  234         (c) No later than 72 hours after the end of the protection
  235  zone period, the head of the law enforcement agency or entity,
  236  or his or her designee, must report via e-mail to the
  237  commission’s Division of Law Enforcement, Boating and Waterways
  238  Section, the details of all citations issued for violating the
  239  protection zone.
  240         (6) A person who violates this section or any directive
  241  given by a law enforcement officer, a state pilot, or a deputy
  242  pilot relating to the establishment of a protection zone under
  243  this section after being advised of the establishment of the
  244  protection zone commits a misdemeanor of the second degree,
  245  punishable as provided in s. 775.082 or s. 775.083.
  246         Section 3. Paragraph (a) of subsection (6) of section
  247  163.3177, Florida Statutes, is amended to read:
  248         163.3177 Required and optional elements of comprehensive
  249  plan; studies and surveys.—
  250         (6) In addition to the requirements of subsections (1)-(5),
  251  the comprehensive plan shall include the following elements:
  252         (a) A future land use plan element designating proposed
  253  future general distribution, location, and extent of the uses of
  254  land for residential uses, commercial uses, industry,
  255  agriculture, recreation, conservation, education, public
  256  facilities, and other categories of the public and private uses
  257  of land. The approximate acreage and the general range of
  258  density or intensity of use shall be provided for the gross land
  259  area included in each existing land use category. The element
  260  shall establish the long-term end toward which land use programs
  261  and activities are ultimately directed.
  262         1. Each future land use category must be defined in terms
  263  of uses included, and must include standards to be followed in
  264  the control and distribution of population densities and
  265  building and structure intensities. The proposed distribution,
  266  location, and extent of the various categories of land use shall
  267  be shown on a land use map or map series which shall be
  268  supplemented by goals, policies, and measurable objectives.
  269         2. The future land use plan and plan amendments shall be
  270  based upon surveys, studies, and data regarding the area, as
  271  applicable, including:
  272         a. The amount of land required to accommodate anticipated
  273  growth.
  274         b. The projected permanent and seasonal population of the
  275  area.
  276         c. The character of undeveloped land.
  277         d. The availability of water supplies, public facilities,
  278  and services.
  279         e. The need for redevelopment, including the renewal of
  280  blighted areas and the elimination of nonconforming uses which
  281  are inconsistent with the character of the community.
  282         f. The compatibility of uses on lands adjacent to or
  283  closely proximate to military installations and ranges.
  284         g. The compatibility of uses on lands adjacent to an
  285  airport as defined in s. 330.35 and consistent with s. 333.02.
  286         h. The discouragement of urban sprawl.
  287         i. The need for job creation, capital investment, and
  288  economic development that will strengthen and diversify the
  289  community’s economy.
  290         j. The need to modify land uses and development patterns
  291  within antiquated subdivisions.
  292         3. The future land use plan element shall include criteria
  293  to be used to:
  294         a. Achieve the compatibility of lands adjacent to or
  295  closely proximate to military installations and ranges,
  296  considering factors identified in s. 163.3175(5).
  297         b. Achieve the compatibility of lands adjacent to an
  298  airport as defined in s. 330.35 and consistent with s. 333.02.
  299         c. Encourage preservation of recreational and commercial
  300  working waterfronts for water-dependent uses in coastal
  301  communities.
  302         d. Encourage the location of schools proximate to urban
  303  residential areas to the extent possible.
  304         e. Coordinate future land uses with the topography and soil
  305  conditions, and the availability of facilities and services.
  306         f. Ensure the protection of natural and historic resources.
  307         g. Provide for the compatibility of adjacent land uses.
  308         h. Provide guidelines for the implementation of mixed-use
  309  development including the types of uses allowed, the percentage
  310  distribution among the mix of uses, or other standards, and the
  311  density and intensity of each use.
  312         4. The amount of land designated for future planned uses
  313  shall provide a balance of uses that foster vibrant, viable
  314  communities and economic development opportunities and address
  315  outdated development patterns, such as antiquated subdivisions.
  316  The amount of land designated for future land uses should allow
  317  the operation of real estate markets to provide adequate choices
  318  for permanent and seasonal residents and business and may not be
  319  limited solely by the projected population. The element shall
  320  accommodate at least the minimum amount of land required to
  321  accommodate the medium projections as published by the Office of
  322  Economic and Demographic Research for at least a 10-year
  323  planning period unless otherwise limited under s. 380.05,
  324  including related rules of the Administration Commission.
  325         5. The future land use plan of a county may designate areas
  326  for possible future municipal incorporation.
  327         6. The land use maps or map series shall generally identify
  328  and depict historic district boundaries and shall designate
  329  historically significant properties meriting protection.
  330         7. The future land use element must clearly identify the
  331  land use categories in which public schools are an allowable
  332  use. When delineating the land use categories in which public
  333  schools are an allowable use, a local government shall include
  334  in the categories sufficient land proximate to residential
  335  development to meet the projected needs for schools in
  336  coordination with public school boards and may establish
  337  differing criteria for schools of different type or size. Each
  338  local government shall include lands contiguous to existing
  339  school sites, to the maximum extent possible, within the land
  340  use categories in which public schools are an allowable use.
  341         8. Future land use map amendments shall be based upon the
  342  following analyses:
  343         a. An analysis of the availability of facilities and
  344  services.
  345         b. An analysis of the suitability of the plan amendment for
  346  its proposed use considering the character of the undeveloped
  347  land, soils, topography, natural resources, and historic
  348  resources on site.
  349         c. An analysis of the minimum amount of land needed to
  350  achieve the goals and requirements of this section.
  351         9. The future land use element and any amendment to the
  352  future land use element shall discourage the proliferation of
  353  urban sprawl.
  354         a. The primary indicators that a plan or plan amendment
  355  does not discourage the proliferation of urban sprawl are listed
  356  below. The evaluation of the presence of these indicators shall
  357  consist of an analysis of the plan or plan amendment within the
  358  context of features and characteristics unique to each locality
  359  in order to determine whether the plan or plan amendment:
  360         (I) Promotes, allows, or designates for development
  361  substantial areas of the jurisdiction to develop as low
  362  intensity, low-density, or single-use development or uses.
  363         (II) Promotes, allows, or designates significant amounts of
  364  urban development to occur in rural areas at substantial
  365  distances from existing urban areas while not using undeveloped
  366  lands that are available and suitable for development.
  367         (III) Promotes, allows, or designates urban development in
  368  radial, strip, isolated, or ribbon patterns generally emanating
  369  from existing urban developments.
  370         (IV) Fails to adequately protect and conserve natural
  371  resources, such as wetlands, floodplains, native vegetation,
  372  environmentally sensitive areas, natural groundwater aquifer
  373  recharge areas, lakes, rivers, shorelines, beaches, bays,
  374  estuarine systems, and other significant natural systems.
  375         (V) Fails to adequately protect adjacent agricultural areas
  376  and activities, including silviculture, active agricultural and
  377  silvicultural activities, passive agricultural activities, and
  378  dormant, unique, and prime farmlands and soils.
  379         (VI) Fails to maximize use of existing public facilities
  380  and services.
  381         (VII) Fails to maximize use of future public facilities and
  382  services.
  383         (VIII) Allows for land use patterns or timing which
  384  disproportionately increase the cost in time, money, and energy
  385  of providing and maintaining facilities and services, including
  386  roads, potable water, sanitary sewer, stormwater management, law
  387  enforcement, education, health care, fire and emergency
  388  response, and general government.
  389         (IX) Fails to provide a clear separation between rural and
  390  urban uses.
  391         (X) Discourages or inhibits infill development or the
  392  redevelopment of existing neighborhoods and communities.
  393         (XI) Fails to encourage a functional mix of uses.
  394         (XII) Results in poor accessibility among linked or related
  395  land uses.
  396         (XIII) Results in the loss of significant amounts of
  397  functional open space.
  398         b. The future land use element or plan amendment shall be
  399  determined to discourage the proliferation of urban sprawl if it
  400  incorporates a development pattern or urban form that achieves
  401  four or more of the following:
  402         (I) Directs or locates economic growth and associated land
  403  development to geographic areas of the community in a manner
  404  that does not have an adverse impact on and protects natural
  405  resources and ecosystems.
  406         (II) Promotes the efficient and cost-effective provision or
  407  extension of public infrastructure and services.
  408         (III) Promotes walkable and connected communities and
  409  provides for compact development and a mix of uses at densities
  410  and intensities that will support a range of housing choices and
  411  a multimodal transportation system, including pedestrian,
  412  bicycle, and transit, if available.
  413         (IV) Promotes conservation of water and energy.
  414         (V) Preserves agricultural areas and activities, including
  415  silviculture, and dormant, unique, and prime farmlands and
  416  soils.
  417         (VI) Preserves open space and natural lands and provides
  418  for public open space and recreation needs.
  419         (VII) Creates a balance of land uses based upon demands of
  420  the residential population for the nonresidential needs of an
  421  area.
  422         (VIII) Provides uses, densities, and intensities of use and
  423  urban form that would remediate an existing or planned
  424  development pattern in the vicinity that constitutes sprawl or
  425  if it provides for an innovative development pattern such as
  426  transit-oriented developments or new towns as defined in s.
  427  163.3164.
  428         10. The future land use element shall include a future land
  429  use map or map series.
  430         a. The proposed distribution, extent, and location of the
  431  following uses shall be shown on the future land use map or map
  432  series:
  433         (I) Residential.
  434         (II) Commercial.
  435         (III) Industrial.
  436         (IV) Agricultural.
  437         (V) Recreational.
  438         (VI) Conservation.
  439         (VII) Educational.
  440         (VIII) Public.
  441         b. The following areas shall also be shown on the future
  442  land use map or map series, if applicable:
  443         (I) Historic district boundaries and designated
  444  historically significant properties.
  445         (II) Transportation concurrency management area boundaries
  446  or transportation concurrency exception area boundaries.
  447         (III) Multimodal transportation district boundaries.
  448         (IV) Mixed-use categories.
  449         c. The following natural resources or conditions shall be
  450  shown on the future land use map or map series, if applicable:
  451         (I) Existing and planned public potable waterwells, cones
  452  of influence, and wellhead protection areas.
  453         (II) Beaches and shores, including estuarine systems.
  454         (III) Rivers, bays, lakes, floodplains, and harbors.
  455         (IV) Wetlands.
  456         (V) Minerals and soils.
  457         (VI) Coastal high hazard areas.
  458         Section 4. Paragraph (c) of subsection (1) and paragraph
  459  (b) of subsection (3) of section 163.3184, Florida Statutes, are
  460  amended to read:
  461         163.3184 Process for adoption of comprehensive plan or plan
  462  amendment.—
  463         (1) DEFINITIONS.—As used in this section, the term:
  464         (c) “Reviewing agencies” means:
  465         1. The state land planning agency;
  466         2. The appropriate regional planning council;
  467         3. The appropriate water management district;
  468         4. The Department of Environmental Protection;
  469         5. The Department of State;
  470         6. The Department of Transportation;
  471         7. In the case of plan amendments relating to public
  472  schools, the Department of Education;
  473         8. In the case of plans or plan amendments that affect a
  474  military installation or range listed in s. 163.3175, the
  475  commanding officer of the affected military installation or
  476  range;
  477         9. In the case of county plans and plan amendments, the
  478  Fish and Wildlife Conservation Commission and the Department of
  479  Agriculture and Consumer Services; and
  480         10. In the case of municipal plans and plan amendments, the
  481  county in which the municipality is located.
  482         (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
  483  COMPREHENSIVE PLAN AMENDMENTS.—
  484         (b)1. The local government, after the initial public
  485  hearing held pursuant to subsection (11), shall transmit within
  486  10 working days the amendment or amendments and appropriate
  487  supporting data and analyses to the reviewing agencies. The
  488  local governing body shall also transmit a copy of the
  489  amendments and supporting data and analyses to any other local
  490  government or governmental agency that has filed a written
  491  request with the governing body.
  492         2. The reviewing agencies and any other local government or
  493  governmental agency specified in subparagraph 1. may provide
  494  comments regarding the amendment or amendments to the local
  495  government. State agencies shall only comment on important state
  496  resources and facilities that will be adversely impacted by the
  497  amendment if adopted. Comments provided by state agencies shall
  498  state with specificity how the plan amendment will adversely
  499  impact an important state resource or facility and shall
  500  identify measures the local government may take to eliminate,
  501  reduce, or mitigate the adverse impacts. Such comments, if not
  502  resolved, may result in a challenge by the state land planning
  503  agency to the plan amendment. Agencies and local governments
  504  must transmit their comments to the affected local government
  505  such that they are received by the local government not later
  506  than 30 days after the date on which the agency or government
  507  received the amendment or amendments. Reviewing agencies shall
  508  also send a copy of their comments to the state land planning
  509  agency.
  510         3. Comments to the local government from a regional
  511  planning council, county, or municipality shall be limited as
  512  follows:
  513         a. The regional planning council review and comments shall
  514  be limited to adverse effects on regional resources or
  515  facilities identified in the strategic regional policy plan and
  516  extrajurisdictional impacts that would be inconsistent with the
  517  comprehensive plan of any affected local government within the
  518  region. A regional planning council may not review and comment
  519  on a proposed comprehensive plan amendment prepared by such
  520  council unless the plan amendment has been changed by the local
  521  government subsequent to the preparation of the plan amendment
  522  by the regional planning council.
  523         b. County comments shall be in the context of the
  524  relationship and effect of the proposed plan amendments on the
  525  county plan.
  526         c. Municipal comments shall be in the context of the
  527  relationship and effect of the proposed plan amendments on the
  528  municipal plan.
  529         d. Military installation or range comments shall be
  530  provided in accordance with s. 163.3175.
  531         4. Comments to the local government from state agencies
  532  shall be limited to the following subjects as they relate to
  533  important state resources and facilities that will be adversely
  534  impacted by the amendment if adopted:
  535         a. The Department of Environmental Protection shall limit
  536  its comments to the subjects of air and water pollution;
  537  wetlands and other surface waters of the state; federal and
  538  state-owned lands and interest in lands, including state parks,
  539  greenways and trails, and conservation easements; solid waste;
  540  water and wastewater treatment; and the Everglades ecosystem
  541  restoration.
  542         b. The Department of State shall limit its comments to the
  543  subjects of historic and archaeological resources.
  544         c. The Department of Transportation shall limit its
  545  comments to issues within the agency’s jurisdiction as it
  546  relates to transportation resources and facilities of state
  547  importance.
  548         d. The Fish and Wildlife Conservation Commission shall
  549  limit its comments to subjects relating to fish and wildlife
  550  habitat and listed species and their habitat.
  551         e. The Department of Agriculture and Consumer Services
  552  shall limit its comments to the subjects of agriculture,
  553  forestry, and aquaculture issues.
  554         f. The Department of Education shall limit its comments to
  555  the subject of public school facilities.
  556         g. The appropriate water management district shall limit
  557  its comments to flood protection and floodplain management,
  558  wetlands and other surface waters, and regional water supply.
  559         h. The state land planning agency shall limit its comments
  560  to important state resources and facilities outside the
  561  jurisdiction of other commenting state agencies and may include
  562  comments on countervailing planning policies and objectives
  563  served by the plan amendment that should be balanced against
  564  potential adverse impacts to important state resources and
  565  facilities.
  566         Section 5. Paragraph (n) of subsection (2) of section
  567  380.0651, Florida Statutes, is amended to read:
  568         380.0651 Statewide guidelines, standards, and exemptions.—
  569         (2) STATUTORY EXEMPTIONS.—The following developments are
  570  exempt from s. 380.06:
  571         (n) The establishment, relocation, or expansion of any
  572  military installation or range as specified in s. 163.3175.
  573  
  574  If a use is exempt from review pursuant to paragraphs (a)-(u),
  575  but will be part of a larger project that is subject to review
  576  pursuant to s. 380.06(12), the impact of the exempt use must be
  577  included in the review of the larger project, unless such exempt
  578  use involves a development that includes a landowner, tenant, or
  579  user that has entered into a funding agreement with the state
  580  land planning agency under the Innovation Incentive Program and
  581  the agreement contemplates a state award of at least $50
  582  million.
  583         Section 6. This act shall take effect July 1, 2023.