July 15, 2019
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Senate Bill 0594

Senate Bill sb0594e2

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

    SB 594                                        Second Engrossed

  1                      A bill to be entitled

  2         An act relating to military affairs; amending

  3         s. 627.7283, F.S.; requiring an insurer to

  4         refund the entire unearned premium to any

  5         member of the armed services who cancels a

  6         policy under certain circumstances; amending s.

  7         163.3164, F.S.; providing a definition of

  8         military installations; amending s. 163.3177,

  9         F.S.; providing for consideration of the

10         compatibility with military installations in

11         developing a future land use element to a

12         comprehensive plan; providing for the state

13         land planning agency to coordinate with the

14         Department of Defense on use compatibility

15         issues relating to military installations;

16         creating s. 163.31779, F.S.; requiring certain

17         counties and municipalities to enter into

18         memoranda of agreement with military

19         installations to coordinate future land use

20         changes, local government comprehensive plans,

21         land development regulations, and development

22         orders; requiring a schedule for completion of

23         such agreements; requiring local governments to

24         seek public advise on such agreements;

25         identifying provisions that must be included in

26         such agreements at a minimum; requiring such

27         agreements to be consistent with adopted

28         comprehensive plans or amendments to such plans

29         adopted within one year after execution of the

30         agreement; requiring for the provision of

31         information regarding community planning


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    SB 594                                        Second Engrossed

 1         assistance grants; amending s. 163.3187, F.S.;

 2         exempting from certain restrictions on the

 3         adoption of amendments to comprehensive plans

 4         an amendment that addresses compatibility with

 5         military installations based on a memorandum of

 6         agreement; amending s. 163.3191, F.S.;

 7         requiring an evaluation of the success or

 8         failure of the military installation memorandum

 9         of agreement in resolving land use

10         compatibility; amending s. 163.3167, F.S.;

11         prohibiting certain judicial abrogation of

12         quasi-judicial development orders issued by

13         local governments; providing for retroactive

14         application; providing an effective date.


16  Be It Enacted by the Legislature of the State of Florida:


18         Section 1.  Subsection (5) is added to section

19  627.7283, Florida Statutes, to read:

20         627.7283 Cancellation; return of premium.--

21         (5)  The insurer must refund 100 percent of the

22  unearned premium if the insured is a member of the United

23  States Armed Forces, whether an active or reserve member, who

24  cancels because he or she is called to active duty or

25  transferred by the United States Armed Forces to a location

26  where the insurance is not required.  The insurer may require

27  a member of the United States Armed Forces to submit either a

28  copy of the official military orders or a written verification

29  signed by the member's commanding officer to support the

30  refund authorized under this subsection. If the insurer

31  cancels, the insurer must refund 100 percent of the unearned


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    SB 594                                        Second Engrossed

 1  premium.  Cancellation is without prejudice to any claim

 2  originating prior to the effective date of the cancellation.

 3  For purposes of this section, unearned premiums must be

 4  computed on a pro rata basis.

 5         Section 2.  Subsection (32) is added to section

 6  163.3164, Florida Statutes, to read:

 7         163.3164  Local Government Comprehensive Planning and

 8  Land Development Regulation Act; definitions.--As used in this

 9  act:

10         (32)  "Military installation" means a base, camp, post,

11  homeport facility for any ship, or other location under the

12  jurisdiction of the Department of Defense, including any

13  leased facility.  Such term does not include any facility used

14  primarily for civil works, docking facilities, rivers and

15  harbors projects, or flood control projects.

16         Section 3.  Paragraph (a) of subsection (6) and

17  paragraph (l) of subsection (10) of section 163.3177, Florida

18  Statutes, are amended to read:

19         163.3177  Required and optional elements of

20  comprehensive plan; studies and surveys.--

21         (6)  In addition to the requirements of subsections

22  (1)-(5), the comprehensive plan shall include the following

23  elements:

24         (a)  A future land use plan element designating

25  proposed future general distribution, location, and extent of

26  the uses of land for residential uses, commercial uses,

27  industry, agriculture, recreation, conservation, education,

28  public buildings and grounds, other public facilities, and

29  other categories of the public and private uses of land. Each

30  future land use category must be defined in terms of uses

31  included, and must include standards to be followed in the


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    SB 594                                        Second Engrossed

 1  control and distribution of population densities and building

 2  and structure intensities. The proposed distribution,

 3  location, and extent of the various categories of land use

 4  shall be shown on a land use map or map series which shall be

 5  supplemented by goals, policies, and measurable objectives.

 6  The future land use plan shall be based upon surveys, studies,

 7  and data regarding the area, including the amount of land

 8  required to accommodate anticipated growth; the projected

 9  population of the area; the character of undeveloped land; the

10  availability of public services; the need for redevelopment,

11  including the renewal of blighted areas and the elimination of

12  nonconforming uses which are inconsistent with the character

13  of the community; the compatibility with military

14  installations; and, in rural communities, the need for job

15  creation, capital investment, and economic development that

16  will strengthen and diversify the community's economy. The

17  future land use plan may designate areas for future planned

18  development use involving combinations of types of uses for

19  which special regulations may be necessary to ensure

20  development in accord with the principles and standards of the

21  comprehensive plan and this act. In addition, for rural

22  communities, the amount of land designated for future planned

23  industrial use shall be based upon surveys and studies that

24  reflect the need for job creation, capital investment, and the

25  necessity to strengthen and diversify the local economies, and

26  shall not be limited solely by the projected population of the

27  rural community. The future land use plan of a county may also

28  designate areas for possible future municipal incorporation.

29  The land use maps or map series shall generally identify and

30  depict historic district boundaries and shall designate

31  historically significant properties meriting protection.  The


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    SB 594                                        Second Engrossed

 1  future land use element must clearly identify the land use

 2  categories in which public schools are an allowable use.  When

 3  delineating the land use categories in which public schools

 4  are an allowable use, a local government shall include in the

 5  categories sufficient land proximate to residential

 6  development to meet the projected needs for schools in

 7  coordination with public school boards and may establish

 8  differing criteria for schools of different type or size.

 9  Each local government shall include lands contiguous to

10  existing school sites, to the maximum extent possible, within

11  the land use categories in which public schools are an

12  allowable use. All comprehensive plans must comply with the

13  school siting requirements of this paragraph no later than

14  October 1, 1999. The failure by a local government to comply

15  with these school siting requirements by October 1, 1999, will

16  result in the prohibition of the local government's ability to

17  amend the local comprehensive plan, except for plan amendments

18  described in s. 163.3187(1)(b), until the school siting

19  requirements are met. Amendments proposed by a local

20  government for purposes of identifying the land use categories

21  in which public schools are an allowable use or for adopting

22  or amending the school-siting maps pursuant to s. 163.31776(3)

23  are exempt from the limitation on the frequency of plan

24  amendments contained in s. 163.3187. The future land use

25  element shall include criteria that encourage the location of

26  schools proximate to urban residential areas to the extent

27  possible and shall require that the local government seek to

28  collocate public facilities, such as parks, libraries, and

29  community centers, with schools to the extent possible and to

30  encourage the use of elementary schools as focal points for

31  neighborhoods. For schools serving predominantly rural


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    SB 594                                        Second Engrossed

 1  counties, defined as a county with a population of 100,000 or

 2  fewer, an agricultural land use category shall be eligible for

 3  the location of public school facilities if the local

 4  comprehensive plan contains school siting criteria and the

 5  location is consistent with such criteria.

 6         (10)  The Legislature recognizes the importance and

 7  significance of chapter 9J-5, Florida Administrative Code, the

 8  Minimum Criteria for Review of Local Government Comprehensive

 9  Plans and Determination of Compliance of the Department of

10  Community Affairs that will be used to determine compliance of

11  local comprehensive plans.  The Legislature reserved unto

12  itself the right to review chapter 9J-5, Florida

13  Administrative Code, and to reject, modify, or take no action

14  relative to this rule. Therefore, pursuant to subsection (9),

15  the Legislature hereby has reviewed chapter 9J-5, Florida

16  Administrative Code, and expresses the following legislative

17  intent:

18         (l)  The state land planning agency shall consider land

19  use compatibility issues in the vicinity of all airports in

20  coordination with the Department of Transportation, and for

21  military installations in coordination with the Department of

22  Defense.

23         Section 4.  Section 163.31779, Florida Statutes, is

24  created to read:

25         163.31779  Military Installation Memorandum of

26  Agreement.--

27         (1)(a)  The county or counties in which a military

28  installation is either wholly or partially located and those

29  municipalities adjacent to or proximate to the military

30  installation, as determined by the state land planning agency

31  based on the recommendations of the governing bodies of the


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    SB 594                                        Second Engrossed

 1  affected counties and municipalities and the commanding

 2  officer whose primary responsibility is the operation of the

 3  military installation, shall enter into a memorandum of

 4  agreement with the military installation to coordinate future

 5  land use changes including the local government comprehensive

 6  plan, land development regulations, and development orders.

 7         (b)  The agreements shall be completed in accordance

 8  with a schedule published by the state land planning agency.

 9  The schedule must establish staggered due dates for completion

10  of such agreements that are executed by both the local

11  government and the military installation, concluding by July

12  1, 2004.

13         (c)  The military installation, the county or counties

14  in which the military installation either wholly or partially

15  is located and the affected municipalities that are adjacent

16  to or proximate to the military installation as determined by

17  the state land planning agency are encouraged to adopt a

18  single memorandum of agreement to which all join as parties.

19  The state land planning agency shall assemble and make

20  available model agreements meeting the requirements of this

21  section and shall notify local governments and military

22  installations of the requirements of this section.  The state

23  land planning agency shall be available to informally review

24  proposed agreements.

25         (2)  In preparing to adopt a memorandum of agreement,

26  the local government must seek advice from residents of the

27  local government and others who are likely to be affected by

28  its provisions including, but not limited to; builders,

29  developers, conservation groups, representatives of the United

30  States Armed Services, and neighborhood groups.

31         (3)  At a minimum, the memorandum of agreement must: 


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    SB 594                                        Second Engrossed

 1         (a)  Coordinate planning activities between the local

 2  government and military installation to determine how the

 3  public health, safety, and welfare is likely to be affected by

 4  the proximity of development to the military installation,

 5  operating areas, and ranges.

 6         (b)  Coordinate planning activities between the local

 7  government and military installation to make reasonable

 8  provisions for preserving open space and compatible land uses

 9  near the military installation.

10         (c)  Coordinate planning activities between the local

11  government and military installation to evaluate land

12  proximate to the military installation taking into

13  consideration the findings of any Department of Defense Joint

14  Land Use Study Program, or the findings of any Air

15  Installation Compatible Use Zone (AICUZ) and of any

16  Installation Environmental Noise Management Program (IENMP,

17  which was formerly the Installation Compatible Use Zone, or

18  ICUZ, program).

19         (d)  Provide for a process by which the affected local

20  governments and military installation coordinate and share

21  information relating to comprehensive plans and plan

22  amendments, land development regulations and changes thereto

23  including zoning changes, and development orders.  The

24  affected local governments shall provide the military

25  installation an opportunity to review and comment on

26  comprehensive plans, plan amendments, land development

27  regulations and changes thereto, and development orders.  The

28  local government shall consider those comments, if any, when

29  adopting such plans or regulations or when approving

30  development orders. Comments on plan amendments may be



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    SB 594                                        Second Engrossed

 1  provided to the Department for consideration in its compliance

 2  review.

 3         (e)  Provide for the resolution of disputes between the

 4  military and local governments, which may include the dispute

 5  resolution processes contained in chapters 164 and 186.

 6         (f)  Provide for an oversight process, including an

 7  opportunity for public participation, for the implementation

 8  of the memorandum of agreement.

 9         (g)  Provide for the identification of amendments to

10  the comprehensive plan needed to ensure compatibility with the

11  military installation and consistency with the interlocal

12  agreement.

13         (4)  A memorandum of agreement entered into pursuant to

14  this section must be consistent with the adopted comprehensive

15  plan, or an amendment to such plan adopted with in one year

16  after execution of the agreement, and land development

17  regulations of any local government that is a signatory.

18         (5)  The commanding officer whose primary

19  responsibility is the operation of the military installation

20  is encouraged to provide information about any community

21  planning assistance grants that might be available to the

22  local government through the federal Office of Economic

23  Adjustment, as an incentive for communities to participate in

24  the Joint Land Use Study Program to facilitate the

25  compatibility of community planning and activities vital to

26  the national defense.

27         Section 5.  A new paragraph (m) is added to subsection

28  (1) of section 163.3187, Florida Statutes, to read:

29         163.3187  Amendment of adopted comprehensive plan.--




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    SB 594                                        Second Engrossed

 1         (1)  Amendments to comprehensive plans adopted pursuant

 2  to this part may be made not more than two times during any

 3  calendar year, except:

 4         (m)  A comprehensive plan amendment that addresses

 5  compatibility with military installations pursuant to the

 6  military installation memorandum of agreement, does not count

 7  toward the limitation on the frequency of plan amendments.

 8         Section 6.  A new paragraph (n) is added to subsection

 9  (2) of section 163.3191, Florida Statutes, to read:

10         163.3191  Evaluation and appraisal of comprehensive

11  plan.--

12         (2)  The report shall present an evaluation and

13  assessment of the comprehensive plan and shall contain

14  appropriate statements to update the comprehensive plan,

15  including, but not limited to, words, maps, illustrations, or

16  other media, related to:

17         (n)  An evaluation of the success or failure of the

18  military installation memorandum of agreement in resolving

19  land use compatibility in the proximity of military

20  installations.

21         Section 7.  Subsection (13) is added to section

22  163.3167, Florida Statutes, to read:

23         163.3167  Scope of act.--

24         (13)(a)  If a local government grants a quasi-judicial

25  development order pursuant to its adopted land development

26  regulations and the order is not the subject of a pending

27  appeal, the right to commence and complete development

28  pursuant to the order may not be abrogated by a subsequent

29  judicial determination that such land development regulations

30  or any portion thereof are invalid because of a deficiency in

31  the approval standards.


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    SB 594                                        Second Engrossed

 1         (b)  This subsection does not preclude or affect the

 2  timely institution of a common law writ of certiorari

 3  proceeding pursuant to Rule 9.190, Florida Rules of Appellate

 4  Procedure or original proceedings pursuant to s. 163.3215.

 5         (c)  This subsection applies retroactively to any order

 6  granted on or after January 1, 2002.

 7         Section 8.  This act shall take effect upon becoming a

 8  law.

























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