Bill Text: FL H7129 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Military Support [EPSC]

Spectrum: Partisan Bill (Republican 19-0)

Status: (Passed) 2010-06-01 - Approved by Governor; Chapter No. 2010-182; companion bill(s) passed, see CS/CS/CS/HB 713 (Ch. 2010-106), CS/SB 464 (Ch. 2010-79) [H7129 Detail]

Download: Florida-2010-H7129-Introduced.html

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HB 7129

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

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