September 18, 2020
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The Florida Statutes

The 2009 Florida Statutes

Title XI
Chapter 163
View Entire Chapter
Section 163.3175, Florida Statutes 2009

163.3175  Legislative findings on compatibility of development with military installations; exchange of information between local governments and military installations.--

(1)  The Legislature finds that incompatible development of land close to military installations can adversely affect the ability of such an installation to carry out its mission. The Legislature further finds that such development also threatens the public safety because of the possibility of accidents occurring within the areas surrounding a military installation. In addition, the economic vitality of a community is affected when military operations and missions must relocate because of incompatible urban encroachment. Therefore, the Legislature finds it desirable for the local governments in the state to cooperate with military installations to encourage compatible land use, help prevent incompatible encroachment, and facilitate the continued presence of major military installations in this state.

(2)  Each county in which a military installation is either wholly or partially located and each affected local government must transmit to the commanding officer of that installation information relating to proposed changes to comprehensive plans, plan amendments, and proposed changes to land development regulations which, if approved, would affect the intensity, density, or use of the land adjacent to or in close proximity to the military installation. Each county and affected local government shall provide the military installation an opportunity to review and comment on the proposed changes.

(3)  The commanding officer or his or her designee may provide comments to the county or affected local government on the impact such proposed changes may have on the mission of the military installation. Such comments may include:

(a)  If the installation has an airfield, whether such proposed changes will be incompatible with the safety and noise standards contained in the Air Installation Compatible Use Zone (AICUZ) adopted by the military installation for that airfield;

(b)  Whether such changes are incompatible with the Installation Environmental Noise Management Program (IENMP) of the United States Army;

(c)  Whether such changes are incompatible with the findings of a Joint Land Use Study (JLUS) for the area if one has been completed; and

(d)  Whether the military installation's mission will be adversely affected by the proposed actions of the county or affected local government.

(4)  The county or affected local government shall take into consideration any comments provided by the commanding officer or his or her designee when making such decision regarding comprehensive planning or land development regulation. The county or affected local government shall forward a copy of any such comments to the state land planning agency.

(5)  To facilitate the exchange of information provided for in this section, a representative of a military installation acting on behalf of all military installations within that jurisdiction shall be included as an ex officio, nonvoting member of the county's or affected local government's land planning or zoning board.

(6)  The commanding officer is encouraged to provide information about any community planning assistance grants that may be available to a county or affected local government through the federal Office of Economic Adjustment as an incentive for communities to participate in a joint planning process that would facilitate the compatibility of community planning and the activities and mission of the military installation.

(7)  As used in this section, the term:

(a)  "Affected local government" means a municipality adjacent to or in close proximity to the military installation as determined by the state land planning agency.

(b)  "Military installation" means a base, camp, post, station, airfield, yard, center, home port facility for any ship, or other land area under the jurisdiction of the Department of Defense, including any leased facility. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.

History.--s. 1, ch. 2004-230.

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