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

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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-Engrossed.html

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

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