Florida Senate - 2023 SB 1666 By Senator Wright 8-01435A-23 20231666__ Page 1 of 21 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to marine encroachment on spaceflight 2 and military operations; amending s. 163.3175, F.S.; 3 revising legislative findings; encouraging the sharing 4 of information about certain community grants through 5 specified federal programs to facilitate the 6 compatibility and resiliency of community planning and 7 the activities and mission of a military installation 8 or range; amending s. 327.462, F.S.; requiring the 9 head of a law enforcement agency or entity to report 10 the establishment of a temporary protection zone to 11 the appropriate port authority; requiring the port 12 authority to direct a licensed state pilot or 13 certificated deputy pilot to hand deliver written 14 notice of such establishment and related penalties to 15 operators of certain vessels; requiring such operators 16 to sign and return such notice to the state pilot or 17 deputy pilot; providing penalties; amending ss. 18 163.3177, 163.3184, and 380.0651, F.S.; conforming 19 provisions to changes made by the act; making 20 technical changes; providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24

Section

Section 163.3175, Florida Statutes, is amended 25 to read: 26 163.3175 Legislative findings on compatibility of 27 development with military installations and ranges; exchange of 28 information between local governments and military installations 29

Florida Senate - 2023 SB 1666 8-01435A-23 20231666__ Page 2 of 21 CODING: Words stricken are deletions; words underlined are additions. and ranges.— 30

(1) The Legislature finds that incompatible development on 31 of land and in state-controlled waters close to military 32 installations and ranges can adversely affect the ability of 33 such an installation or range to carry out its mission. The 34 Legislature further finds that such development also threatens 35 the public safety because of the possibility of accidents 36 occurring within the areas surrounding a military installation 37 or range. In addition, the economic vitality of a community is 38 affected when military operations and missions must relocate 39 because of incompatible urban encroachment.

Therefore, the 40 Legislature finds it desirable for the local governments in the 41 state to cooperate with military installations and ranges to 42 encourage compatible land use and activities in state-controlled 43 waters, help prevent incompatible encroachment, and facilitate 44 the continued presence of major military installations and 45 ranges in this state. 46

(2) Certain major military installations and ranges, due to 47 their mission and activities, have a greater potential for 48 experiencing compatibility and coordination issues than others. 49 Consequently, this

section and the provisions in s. 50 163.3177(6)(a), relating to compatibility of land development 51 and activities in state-controlled waters with military 52 installations and ranges, apply to specific affected local 53 governments in proximity to and in association with specific 54 military installations and ranges, as follows: 55 (

a) Avon Park Air Force Range, associated with Highlands, 56 Okeechobee, Osceola, and Polk Counties and Avon Park, Sebring, 57 and Frostproof. 58

Florida Senate - 2023 SB 1666 8-01435A-23 20231666__ Page 3 of 21 CODING: Words stricken are deletions; words underlined are additions. (

b) Camp Blanding, associated with Clay, Bradford, and 59 Putnam Counties. 60 (

c) Eglin Air Force Base and Hurlburt Field, associated 61 with Gulf, Okaloosa, Santa Rosa, and Walton Counties and Cinco 62 Bayou, Crestview, Destin, DeFuniak Springs, Fort Walton Beach, 63 Freeport, Laurel Hill, Mary Esther, Niceville, Shalimar, and 64 Valparaiso. 65 (

d) Homestead Air Reserve Base, associated with Miami-Dade 66 County and Homestead. 67 (

e) Jacksonville Training Range Complex, associated with 68 Lake, Marion, Putnam, and Volusia Counties. 69 (

f) MacDill Air Force Base, associated with Hillsborough 70 County and Tampa. 71 (

g) Naval Air Station Jacksonville, Marine Corps Support 72 Facility-Blount Island, and Outlying Landing Field Whitehouse, 73 and the Florida Air National Guard associated with Duval County 74 and Jacksonville. 75 (

h) Naval Air Station Key West, including various annexes 76 across Boca Chica Key and Key West as well as the Fleming 77 Bay/Patton Water Drop Zone training range used by the Army 78 Special Forces Underwater Operations School, associated with 79 Monroe County and Key West. 80 (

i) Naval Support Activity Orlando, including Bugg Spring 81 and Naval Ordnance Test Unit, associated with Orange, Brevard, 82 and Lake Counties, County and Orlando, Canaveral Port Authority, 83 and Okahumpka. 84 (

j) Naval Support Activity Panama City, associated with Bay 85 County, Panama City, and Panama City Beach. 86 (

k) Naval Air Station Pensacola, associated with Escambia 87

Florida Senate - 2023 SB 1666 8-01435A-23 20231666__ Page 4 of 21 CODING: Words stricken are deletions; words underlined are additions. County. 88 (

l) Naval Air Station Whiting Field and its outlying 89 landing fields, associated with Santa Rosa and Escambia 90 Counties. 91 (

m) Naval Station Mayport, associated with Duval County, 92 Atlantic Beach, and Jacksonville. 93 (

n) Patrick Space Force Base and Cape Canaveral Space Force 94 Station, associated with Brevard County, Canaveral Port 95 Authority, and Satellite Beach. 96 (

o) Tyndall Air Force Base, associated with Bay County, and 97 Mexico Beach, and Parker. 98 (

p) United States Southern Command, associated with Miami-99 Dade County and Doral. 100 (

q) South Florida Ocean Measurement Facility, associated 101 with Broward County and Dania Beach. 102 (

r) United States Coast Guard Sector Jacksonville, 103 including Station Mayport, Station Port Canaveral, Station Ponce 104 De Leon Inlet, Aids to Navigation Team Jacksonville, and 105 Helicopter Interdiction Tactical Squadron (HITRON), associated 106 with Duval, Brevard, and Volusia Counties and Jacksonville, 107 Jacksonville Beach, Atlantic Beach, Canaveral Port Authority, 108 and New Smyrna Beach. 109 (

s) United States Coast Guard Sector Miami, including Base 110 Miami Beach, Station Fort Lauderdale, Station Fort Pierce, Air 111 Station Miami, Station Lake Worth Inlet, and Civil Engineering 112 Unit Miami, associated with St. Lucie, Palm Beach, Broward, and 113 Miami-Dade Counties and Fort Pierce, Riviera Beach, Dania Beach, 114 Opa-locka, Miami, and Miami Beach. 115 (

t) United States Coast Guard Sector Key West, including 116

Florida Senate - 2023 SB 1666 8-01435A-23 20231666__ Page 5 of 21 CODING: Words stricken are deletions; words underlined are additions. Station Key West, Station Islamorada, and Station Marathon, 117 associated with Monroe County and Key West, Islamorada, and 118 Marathon. 119 (

u) United States Coast Guard Sector St. Petersburg, 120 including Station St. Petersburg, Air Station Clearwater, 121 Station Cortez, Station Fort Myers Beach, Station Sand Key, and 122 Station Yankeetown, associated with Pinellas, Manatee, Lee, and 123 Levy Counties and St. Petersburg, Clearwater, Cortez, Fort Myers 124 Beach, and Yankeetown. 125 (

v) United States Coast Guard Sector Mobile, including 126 Station Panama City, Station Destin, and Station Pensacola, 127 associated with Bay, Okaloosa, and Escambia Counties and Panama 128 City, Destin, and Pensacola. 129

(3) The Florida Defense Support Task Force may recommend to 130 the Legislature changes to the military installations and ranges 131 and local governments specified in subsection (2) based on a 132 military base’s or range’s potential for impacts from 133 encroachment, and incompatible land uses and development. 134

(4) Each affected local government must transmit to the 135 commanding officer of the relevant associated installation, or 136 installations, or ranges information relating to proposed 137 changes to comprehensive plans, plan amendments, and proposed 138 changes to land development regulations which, if approved, 139 would affect the intensity, density, or use of the land adjacent 140 to or in close proximity to the military installation or range. 141 At the request of the commanding officer, affected local 142 governments must also transmit to the commanding officer copies 143 of applications for development orders requesting a variance or 144 waiver from height or lighting restrictions or noise attenuation 145

Florida Senate - 2023 SB 1666 8-01435A-23 20231666__ Page 6 of 21 CODING: Words stricken are deletions; words underlined are additions. reduction requirements within areas defined in the local 146 government’s comprehensive plan as being in a zone of influence 147 of the military installation or range. Each affected local 148 government shall provide the military installation or range 149 control military authority an opportunity to review and comment 150 on the proposed changes. 151

(5) The commanding officer or his or her designee may 152 provide advisory comments to the affected local government on 153 the impact such proposed changes may have on the mission of the 154 military installation or range. Such advisory comments must 155 shall be based on appropriate data and analyses provided with 156 the comments and may include: 157 (

a) If the installation has an airfield or range, whether 158 such proposed changes will be incompatible with the safety and 159 noise standards contained in the Air Installation Compatible Use 160 Zone (AICUZ) or the Range Air Installation Compatible Use Zone 161 (RAICUZ) adopted by the military installation for that airfield 162 or range; 163 (

b) Whether such changes are incompatible with the 164 Installation Environmental Noise Management Program (IENMP) of 165 the United States Army; 166 (

c) Whether such changes are incompatible with the findings 167 of a Joint Land Use Study (JLUS), Compatible Use Plan Study, or 168 Military Installation Resilience Review (MIRR) for the area if 169 one has been completed; and 170 (

d) Whether the military installation’s or range’s mission 171 will be adversely affected by the proposed actions of the 172 county, or affected local government, or controlling authority. 173 174

Florida Senate - 2023 SB 1666 8-01435A-23 20231666__ Page 7 of 21 CODING: Words stricken are deletions; words underlined are additions. The commanding officer’s comments, underlying studies, and 175 reports shall be considered by the local government in the same 176 manner as the comments received from other reviewing agencies 177 pursuant to s. 163.3184. 178

(6) The affected local government shall take into 179 consideration any comments and accompanying data and analyses 180 provided by the commanding officer or his or her designee 181 pursuant to subsection (4) as they relate to the strategic 182 mission of the base, public safety, and the economic vitality 183 associated with the base’s operations, while also respecting 184 private property rights and not being unduly restrictive on 185 those rights. The affected local government shall forward a copy 186 of any comments regarding comprehensive plan amendments to the 187 state land planning agency. 188

(7) To facilitate the exchange of information provided for 189 in this section, a representative of a military installation or 190 range acting on behalf of all military installations and ranges 191 within that jurisdiction shall serve ex officio as a nonvoting 192 member of the county’s or affected local government’s land 193 planning or zoning board. The representative is not required to 194 file a statement of financial interest pursuant to s. 112.3145 195 solely due to his or her service on the county’s or affected 196 local government’s land planning or zoning board. 197

(8) The commanding officer is encouraged to provide 198 information about any community planning assistance grants that 199 may be available to a county or affected local government 200 through programs such as those of the federal Office of Local 201 Defense Community Cooperation Economic Adjustment as an 202 incentive for communities to participate in a joint planning 203

Florida Senate - 2023 SB 1666 8-01435A-23 20231666__ Page 8 of 21 CODING: Words stricken are deletions; words underlined are additions. process that would facilitate the compatibility and resiliency 204 of community planning and the activities and mission of the 205 military installation or range. 206

Section 2. Subsections (4) and (6) of

section 327.462, 207 Florida Statutes, are amended to read: 208 327.462 Temporary protection zones for spaceflight launches 209 and recovery of spaceflight assets.— 210 (4)(

a) Upon the establishment of a protection zone under 211 this section, the head of a law enforcement agency or entity 212 establishing the a protection zone under this section, or his or 213 her designee, must report the establishment of such protection 214 zone via e-mail to the commission’s Division of Law Enforcement, 215 Boating and Waterways Section, and to the appropriate United 216 States Coast Guard Sector Command having responsibility over the 217 water body, and to the appropriate port authority at least 72 218 hours before establishment of the protection zone.

Such report 219 must include the reasons for the protection zone, the portion of 220 the water body or water bodies which will be included in the 221 protection zone, and the duration of the protection zone. 222 (

b) Upon receipt of the report required under paragraph 223 (a), the port authority shall direct at least one state pilot 224 licensed, or at least one deputy pilot certificated, under 225

chapter 310 to board each cruise or civilian vessel escorted 226 into or out of the applicable port and hand deliver to the 227 operator of such vessel a written notice of the establishment of 228 the protection zone and the penalties for violation provided in 229 subsection (6). The operator must sign the notice as an 230 indication that he or she acknowledges the information provided 231 in the notice and must return the signed notice to the pilot 232

Florida Senate - 2023 SB 1666 8-01435A-23 20231666__ Page 9 of 21 CODING: Words stricken are deletions; words underlined are additions. before the pilot disembarks the vessel. 233 (

c) No later than 72 hours after the end of the protection 234 zone period, the head of the law enforcement agency or entity, 235 or his or her designee, must report via e-mail to the 236 commission’s Division of Law Enforcement, Boating and Waterways 237 Section, the details of all citations issued for violating the 238 protection zone. 239

(6) A person who violates this

section or any directive 240 given by a law enforcement officer, a state pilot, or a deputy 241 pilot relating to the establishment of a protection zone under 242 this

section after being advised of the establishment of the 243 protection zone commits a misdemeanor of the second degree, 244 punishable as provided in s. 775.082 or s. 775.083. 245

Section 3. Paragraph (

a) of subsection (6) of

section 246 163.3177, Florida Statutes, is amended to read: 247 163.3177 Required and optional elements of comprehensive 248 plan; studies and surveys.— 249

(6) In addition to the requirements of subsections (1)-(5), 250 the comprehensive plan shall include the following elements: 251 (

a) A future land use plan element designating proposed 252 future general distribution, location, and extent of the uses of 253 land for residential uses, commercial uses, industry, 254 agriculture, recreation, conservation, education, public 255 facilities, and other categories of the public and private uses 256 of land. The approximate acreage and the general range of 257 density or intensity of use shall be provided for the gross land 258 area included in each existing land use category. The element 259 shall establish the long-term end toward which land use programs 260 and activities are ultimately directed. 261

Florida Senate - 2023 SB 1666 8-01435A-23 20231666__ Page 10 of 21 CODING: Words stricken are deletions; words underlined are additions. 1. Each future land use category must be defined in terms 262 of uses included, and must include standards to be followed in 263 the control and distribution of population densities and 264 building and structure intensities. The proposed distribution, 265 location, and extent of the various categories of land use shall 266 be shown on a land use map or map series which shall be 267 supplemented by goals, policies, and measurable objectives. 268 2.

The future land use plan and plan amendments shall be 269 based upon surveys, studies, and data regarding the area, as 270 applicable, including: 271 a. The amount of land required to accommodate anticipated 272 growth. 273 b. The projected permanent and seasonal population of the 274 area. 275 c. The character of undeveloped land. 276 d. The availability of water supplies, public facilities, 277 and services. 278 e. The need for redevelopment, including the renewal of 279 blighted areas and the elimination of nonconforming uses which 280 are inconsistent with the character of the community. 281 f.

The compatibility of uses on lands adjacent to or 282 closely proximate to military installations and ranges. 283 g. The compatibility of uses on lands adjacent to an 284 airport as defined in s. 330.35 and consistent with s. 333.02. 285 h. The discouragement of urban sprawl. 286 i. The need for job creation, capital investment, and 287 economic development that will strengthen and diversify the 288 community’s economy. 289 j. The need to modify land uses and development patterns 290

Florida Senate - 2023 SB 1666 8-01435A-23 20231666__ Page 11 of 21 CODING: Words stricken are deletions; words underlined are additions. within antiquated subdivisions. 291 3. The future land use plan element shall include criteria 292 to be used to: 293 a. Achieve the compatibility of lands adjacent to or 294 closely proximate to military installations and ranges, 295 considering factors identified in s. 163.3175(5). 296 b. Achieve the compatibility of lands adjacent to an 297 airport as defined in s. 330.35 and consistent with s. 333.02. 298 c.

Encourage preservation of recreational and commercial 299 working waterfronts for water-dependent uses in coastal 300 communities. 301 d. Encourage the location of schools proximate to urban 302 residential areas to the extent possible. 303 e. Coordinate future land uses with the topography and soil 304 conditions, and the availability of facilities and services. 305 f. Ensure the protection of natural and historic resources. 306 g. Provide for the compatibility of adjacent land uses. 307 h.

Provide guidelines for the implementation of mixed-use 308 development including the types of uses allowed, the percentage 309 distribution among the mix of uses, or other standards, and the 310 density and intensity of each use. 311 4.

The amount of land designated for future planned uses 312 shall provide a balance of uses that foster vibrant, viable 313 communities and economic development opportunities and address 314 outdated development patterns, such as antiquated subdivisions. 315 The amount of land designated for future land uses should allow 316 the operation of real estate markets to provide adequate choices 317 for permanent and seasonal residents and business and may not be 318 limited solely by the projected population. The element shall 319

Florida Senate - 2023 SB 1666 8-01435A-23 20231666__ Page 12 of 21 CODING: Words stricken are deletions; words underlined are additions. accommodate at least the minimum amount of land required to 320 accommodate the medium projections as published by the Office of 321 Economic and Demographic Research for at least a 10-year 322 planning period unless otherwise limited under s. 380.05, 323 including related rules of the Administration Commission. 324 5. The future land use plan of a county may designate areas 325 for possible future municipal incorporation. 326 6.

The land use maps or map series shall generally identify 327 and depict historic district boundaries and shall designate 328 historically significant properties meriting protection. 329 7. The future land use element must clearly identify the 330 land use categories in which public schools are an allowable 331 use.

When delineating the land use categories in which public 332 schools are an allowable use, a local government shall include 333 in the categories sufficient land proximate to residential 334 development to meet the projected needs for schools in 335 coordination with public school boards and may establish 336 differing criteria for schools of different type or size. Each 337 local government shall include lands contiguous to existing 338 school sites, to the maximum extent possible, within the land 339 use categories in which public schools are an allowable use. 340 8.

Future land use map amendments shall be based upon the 341 following analyses: 342 a. An analysis of the availability of facilities and 343 services. 344 b. An analysis of the suitability of the plan amendment for 345 its proposed use considering the character of the undeveloped 346 land, soils, topography, natural resources, and historic 347 resources on site. 348

Florida Senate - 2023 SB 1666 8-01435A-23 20231666__ Page 13 of 21 CODING: Words stricken are deletions; words underlined are additions. c. An analysis of the minimum amount of land needed to 349 achieve the goals and requirements of this section. 350 9. The future land use element and any amendment to the 351 future land use element shall discourage the proliferation of 352 urban sprawl. 353 a. The primary indicators that a plan or plan amendment 354 does not discourage the proliferation of urban sprawl are listed 355 below.

The evaluation of the presence of these indicators shall 356 consist of an analysis of the plan or plan amendment within the 357 context of features and characteristics unique to each locality 358 in order to determine whether the plan or plan amendment: 359 (

I) Promotes, allows, or designates for development 360 substantial areas of the jurisdiction to develop as low-361 intensity, low-density, or single-use development or uses. 362 (II) Promotes, allows, or designates significant amounts of 363 urban development to occur in rural areas at substantial 364 distances from existing urban areas while not using undeveloped 365 lands that are available and suitable for development. 366 (III) Promotes, allows, or designates urban development in 367 radial, strip, isolated, or ribbon patterns generally emanating 368 from existing urban developments. 369 (IV) Fails to adequately protect and conserve natural 370 resources, such as wetlands, floodplains, native vegetation, 371 environmentally sensitive areas, natural groundwater aquifer 372 recharge areas, lakes, rivers, shorelines, beaches, bays, 373 estuarine systems, and other significant natural systems. 374 (

V) Fails to adequately protect adjacent agricultural areas 375 and activities, including silviculture, active agricultural and 376 silvicultural activities, passive agricultural activities, and 377

Florida Senate - 2023 SB 1666 8-01435A-23 20231666__ Page 14 of 21 CODING: Words stricken are deletions; words underlined are additions. dormant, unique, and prime farmlands and soils. 378 (VI) Fails to maximize use of existing public facilities 379 and services. 380 (VII) Fails to maximize use of future public facilities and 381 services. 382 (VIII) Allows for land use patterns or timing which 383 disproportionately increase the cost in time, money, and energy 384 of providing and maintaining facilities and services, including 385 roads, potable water, sanitary sewer, stormwater management, law 386 enforcement, education, health care, fire and emergency 387 response, and general government. 388 (IX) Fails to provide a clear separation between rural and 389 urban uses. 390 (

X) Discourages or inhibits infill development or the 391 redevelopment of existing neighborhoods and communities. 392 (XI) Fails to encourage a functional mix of uses. 393 (XII) Results in poor accessibility among linked or related 394 land uses. 395 (XIII) Results in the loss of significant amounts of 396 functional open space. 397 b. The future land use element or plan amendment shall be 398 determined to discourage the proliferation of urban sprawl if it 399 incorporates a development pattern or urban form that achieves 400 four or more of the following: 401 (

I) Directs or locates economic growth and associated land 402 development to geographic areas of the community in a manner 403 that does not have an adverse impact on and protects natural 404 resources and ecosystems. 405 (II) Promotes the efficient and cost-effective provision or 406

Florida Senate - 2023 SB 1666 8-01435A-23 20231666__ Page 15 of 21 CODING: Words stricken are deletions; words underlined are additions. extension of public infrastructure and services. 407 (III) Promotes walkable and connected communities and 408 provides for compact development and a mix of uses at densities 409 and intensities that will support a range of housing choices and 410 a multimodal transportation system, including pedestrian, 411 bicycle, and transit, if available. 412 (IV) Promotes conservation of water and energy. 413 (

V) Preserves agricultural areas and activities, including 414 silviculture, and dormant, unique, and prime farmlands and 415 soils. 416 (VI) Preserves open space and natural lands and provides 417 for public open space and recreation needs. 418 (VII) Creates a balance of land uses based upon demands of 419 the residential population for the nonresidential needs of an 420 area. 421 (VIII) Provides uses, densities, and intensities of use and 422 urban form that would remediate an existing or planned 423 development pattern in the vicinity that constitutes sprawl or 424 if it provides for an innovative development pattern such as 425 transit-oriented developments or new towns as defined in s. 426 163.3164. 427 10.

The future land use element shall include a future land 428 use map or map series. 429 a. The proposed distribution, extent, and location of the 430 following uses shall be shown on the future land use map or map 431 series: 432 (

I) Residential. 433 (II) Commercial. 434 (III) Industrial. 435

Florida Senate - 2023 SB 1666 8-01435A-23 20231666__ Page 16 of 21 CODING: Words stricken are deletions; words underlined are additions. (IV) Agricultural. 436 (

V) Recreational. 437 (VI) Conservation. 438 (VII) Educational. 439 (VIII) Public. 440 b. The following areas shall also be shown on the future 441 land use map or map series, if applicable: 442 (

I) Historic district boundaries and designated 443 historically significant properties. 444 (II) Transportation concurrency management area boundaries 445 or transportation concurrency exception area boundaries. 446 (III) Multimodal transportation district boundaries. 447 (IV) Mixed-use categories. 448 c. The following natural resources or conditions shall be 449 shown on the future land use map or map series, if applicable: 450 (

I) Existing and planned public potable waterwells, cones 451 of influence, and wellhead protection areas. 452 (II) Beaches and shores, including estuarine systems. 453 (III) Rivers, bays, lakes, floodplains, and harbors. 454 (IV) Wetlands. 455 (

V) Minerals and soils. 456 (VI) Coastal high hazard areas. 457

Section 4. Paragraph (

c) of subsection (1) and paragraph 458 (

b) of subsection (3) of

section 163.3184, Florida Statutes, are 459 amended to read: 460 163.3184 Process for adoption of comprehensive plan or plan 461 amendment.— 462

(1) DEFINITIONS.—As used in this section, the term: 463 (c) “Reviewing agencies” means: 464

Florida Senate - 2023 SB 1666 8-01435A-23 20231666__ Page 17 of 21 CODING: Words stricken are deletions; words underlined are additions. 1. The state land planning agency; 465 2. The appropriate regional planning council; 466 3. The appropriate water management district; 467 4. The Department of Environmental Protection; 468 5. The Department of State; 469 6. The Department of Transportation; 470 7. In the case of plan amendments relating to public 471 schools, the Department of Education; 472 8.

In the case of plans or plan amendments that affect a 473 military installation or range listed in s. 163.3175, the 474 commanding officer of the affected military installation or 475 range; 476 9. In the case of county plans and plan amendments, the 477 Fish and Wildlife Conservation Commission and the Department of 478 Agriculture and Consumer Services; and 479 10. In the case of municipal plans and plan amendments, the 480 county in which the municipality is located. 481

(3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 482 COMPREHENSIVE PLAN AMENDMENTS.— 483 (b)1. The local government, after the initial public 484 hearing held pursuant to subsection (11), shall transmit within 485 10 working days the amendment or amendments and appropriate 486 supporting data and analyses to the reviewing agencies. The 487 local governing body shall also transmit a copy of the 488 amendments and supporting data and analyses to any other local 489 government or governmental agency that has filed a written 490 request with the governing body. 491 2. The reviewing agencies and any other local government or 492 governmental agency specified in subparagraph 1. may provide 493

Florida Senate - 2023 SB 1666 8-01435A-23 20231666__ Page 18 of 21 CODING: Words stricken are deletions; words underlined are additions. comments regarding the amendment or amendments to the local 494 government. State agencies shall only comment on important state 495 resources and facilities that will be adversely impacted by the 496 amendment if adopted.

Comments provided by state agencies shall 497 state with specificity how the plan amendment will adversely 498 impact an important state resource or facility and shall 499 identify measures the local government may take to eliminate, 500 reduce, or mitigate the adverse impacts. Such comments, if not 501 resolved, may result in a challenge by the state land planning 502 agency to the plan amendment.

Agencies and local governments 503 must transmit their comments to the affected local government 504 such that they are received by the local government not later 505 than 30 days after the date on which the agency or government 506 received the amendment or amendments. Reviewing agencies shall 507 also send a copy of their comments to the state land planning 508 agency. 509 3. Comments to the local government from a regional 510 planning council, county, or municipality shall be limited as 511 follows: 512 a.

The regional planning council review and comments shall 513 be limited to adverse effects on regional resources or 514 facilities identified in the strategic regional policy plan and 515 extrajurisdictional impacts that would be inconsistent with the 516 comprehensive plan of any affected local government within the 517 region.

A regional planning council may not review and comment 518 on a proposed comprehensive plan amendment prepared by such 519 council unless the plan amendment has been changed by the local 520 government subsequent to the preparation of the plan amendment 521 by the regional planning council. 522

Florida Senate - 2023 SB 1666 8-01435A-23 20231666__ Page 19 of 21 CODING: Words stricken are deletions; words underlined are additions. b. County comments shall be in the context of the 523 relationship and effect of the proposed plan amendments on the 524 county plan. 525 c. Municipal comments shall be in the context of the 526 relationship and effect of the proposed plan amendments on the 527 municipal plan. 528 d. Military installation or range comments shall be 529 provided in accordance with s. 163.3175. 530 4.

Comments to the local government from state agencies 531 shall be limited to the following subjects as they relate to 532 important state resources and facilities that will be adversely 533 impacted by the amendment if adopted: 534 a.

The Department of Environmental Protection shall limit 535 its comments to the subjects of air and water pollution; 536 wetlands and other surface waters of the state; federal and 537 state-owned lands and interest in lands, including state parks, 538 greenways and trails, and conservation easements; solid waste; 539 water and wastewater treatment; and the Everglades ecosystem 540 restoration. 541 b. The Department of State shall limit its comments to the 542 subjects of historic and archaeological resources. 543 c.

The Department of Transportation shall limit its 544 comments to issues within the agency’s jurisdiction as it 545 relates to transportation resources and facilities of state 546 importance. 547 d. The Fish and Wildlife Conservation Commission shall 548 limit its comments to subjects relating to fish and wildlife 549 habitat and listed species and their habitat. 550 e. The Department of Agriculture and Consumer Services 551

Florida Senate - 2023 SB 1666 8-01435A-23 20231666__ Page 20 of 21 CODING: Words stricken are deletions; words underlined are additions. shall limit its comments to the subjects of agriculture, 552 forestry, and aquaculture issues. 553 f. The Department of Education shall limit its comments to 554 the subject of public school facilities. 555 g. The appropriate water management district shall limit 556 its comments to flood protection and floodplain management, 557 wetlands and other surface waters, and regional water supply. 558 h.

The state land planning agency shall limit its comments 559 to important state resources and facilities outside the 560 jurisdiction of other commenting state agencies and may include 561 comments on countervailing planning policies and objectives 562 served by the plan amendment that should be balanced against 563 potential adverse impacts to important state resources and 564 facilities. 565

Section 5. Paragraph (

n) of subsection (2) of

section 566 380.0651, Florida Statutes, is amended to read: 567 380.0651 Statewide guidelines, standards, and exemptions.— 568

(2) STATUTORY EXEMPTIONS.—The following developments are 569 exempt from s. 380.06: 570 (

n) The establishment, relocation, or expansion of any 571 military installation or range as specified in s. 163.3175. 572 573 If a use is exempt from review pursuant to paragraphs (a)-(u), 574 but will be part of a larger project that is subject to review 575 pursuant to s. 380.06(12), the impact of the exempt use must be 576 included in the review of the larger project, unless such exempt 577 use involves a development that includes a landowner, tenant, or 578 user that has entered into a funding agreement with the state 579 land planning agency under the Innovation Incentive Program and 580

Florida Senate - 2023 SB 1666 8-01435A-23 20231666__ Page 21 of 21 CODING: Words stricken are deletions; words underlined are additions. the agreement contemplates a state award of at least $50 581 million. 582

Section 6. This act shall take effect July 1, 2023. 583