HB 1141 full text · Session Watch

1 A bill to be entitled

2 An act relating to military installations and ranges;

3 amending s. 11.242, F.S.; providing a duty of the

4 Office of Legislative Services; amending s. 163.3175,

5 F.S.; revising legislative findings; revising

6 provisions relating to the exchange of certain

7 information between local governments and military

8 installations and ranges; creating part V of ch. 252,

9 F.S., entitled "Military Community Resiliency";

10 creating s. 252.951, F.S.; providing legislative

11 findings and intent; creating s. 252.952, F.S.;

12 providing definitions; creating s. 252.953, F.S.;

13 providing for a prioritized scoring adjustment;

14 creating s. 252.954, F.S.; requiring a department to

15 consider certain factors in applying the prioritized

16 scoring adjustment; creating s. 252.955, F.S.;

17 requiring publication of a revised prioritized scoring

18 adjustment by a specified date; creating s. 252.956,

19 F.S.; requiring the Division of Emergency Management

20 to coordinate interagency implementation; requiring

21 the division to submit an annual report to the

22 Governor and Legislature by a specified date; creating

23 s. 252.957, F.S.; providing for stakeholder

24 coordination; creating s. 252.958, F.S.; authorizing

25 rulemaking; providing an effective date.

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

29 Section 1. Subsection (1) of section 11.242, Florida Statutes, is amended to read:

31 11.242 Powers, duties, and functions as to statutory

32 revision.—The powers, duties, and functions of the Office of

33 Legislative Services in the operation and maintenance of a

34 statutory revision program shall be as follows:

35 (1) To conduct a systematic and continuing study of the

36 statutes and laws of this state for the purpose of reducing

37 their number and bulk;, removing inconsistencies, redundancies,

38 and unnecessary repetitions and otherwise improving their

39 clarity and facilitating their correct and proper

40 interpretation; and ensuring that military compatibility is

41 examined as provided in s. 163.3175; and for the same purpose,

42 to prepare and submit to the Legislature reviser's bills and

43 bills for the amendment, consolidation, revision, repeal, or

44 other alterations or changes in any general statute or laws or

45 parts thereof of a general nature and application of the

46 preceding session or sessions which may appear to be subject to

47 revision. Any revision, either complete, partial, or topical,

48 prepared for submission to the Legislature shall be accompanied

49 by revision and history notes relating to the same, showing the

50 changes made therein and the reason for such recommended change.

51 Section 2. Section 163.3175, Florida Statutes, is amended

52 to read:

53 163.3175 Legislative findings on compatibility of

54 development with military installations and ranges; exchange of

55 information between local governments and military installations

56 and ranges.—

57 (1) The Legislature finds that incompatible development on

58 of land and in state-controlled waters or on state submerged

59 lands close to military installations and ranges can adversely

60 affect the ability of such an installation or range to carry out

61 its mission. The Legislature further finds that such development

62 also threatens the public safety because of the possibility of

63 accidents occurring within the areas surrounding a military

64 installation or range. In addition, the economic vitality of a

65 community is affected when military operations and missions must

66 relocate because of incompatible ~~urban~~ encroachment. Therefore,

67 the Legislature finds that effective coordination among it

68 ~~desirable for the~~ local governments, state departments, the

69 state land planning agency, and military installations and

70 ranges is desirable ~~in the state to cooperate with military~~

71 ~~installations~~ to encourage compatible land use and activities in

72 state-controlled waters or on state submerged lands to, help

73 prevent incompatible encroachment, and facilitate the continued

74 presence of ~~major~~ military installations and ranges in this

75 state.

76 (2) Certain ~~major~~ military installations and ranges, due

77 to their mission and activities, have a greater potential for

78 experiencing compatibility and coordination issues than others.

79 Consequently, this section and s. 163.3177(6)(a), relating to

80 compatibility of land development with military installations

81 and ranges, apply to specific affected local governments in

82 proximity to and in association with specific military

83 installations and ranges, as follows:

84 (a) Avon Park Air Force Range, associated with Highlands,

85 Okeechobee, Osceola, and Polk Counties and Avon Park, Sebring,

86 and Frostproof.

87 (b) Camp Blanding, associated with Clay, Bradford, and

88 Putnam Counties.

89 (c) Eglin Air Force Base and Hurlburt Field, associated

90 with Gulf, Okaloosa, Santa Rosa, and Walton Counties and Cinco

91 Bayou, Crestview, Destin, DeFuniak Springs, Fort Walton Beach,

92 Freeport, Laurel Hill, Mary Esther, Niceville, Shalimar, and

93 Valparaiso.

94 (d) Homestead Air Reserve Base, associated with Miami-Dade

95 County and Homestead.

96 (e) Jacksonville Training Range Complex, associated with

97 Lake, Marion, Putnam, and Volusia Counties.

98 (f) MacDill Air Force Base, associated with Hillsborough

99 County and Tampa.

100 (g) Naval Air Station Jacksonville, Marine Corps Support

101 Facility-Blount Island, ~~and~~ outlying landing field Whitehouse,

102 and the Florida Air National Guard, associated with Duval

103 County, Jacksonville Port Authority, and Jacksonville.

104 (h) Naval Air Station Key West, including various annexes

105 across Boca Chica Key and Key West as well as the Fleming

106 Bay/Patton Water Drop Zone training range used by the Army

107 Special Forces Underwater Operations School, associated with

108 Monroe County and Key West.

109 (i) Naval Support Activity Orlando, including Bugg Spring

110 and Naval Ordnance Test Unit, associated with Orange, Brevard,

111 and Lake Counties, ~~County and~~ Orlando, Canaveral Port Authority,

112 and Okahumpka.

113 (j) Naval Support Activity Panama City, associated with

114 Bay County, Panama City, and Panama City Beach.

115 (k) Naval Air Station Pensacola, associated with Escambia

116 County.

117 (l) Naval Air Station Whiting Field and its outlying

118 landing fields, associated with Santa Rosa and Escambia

119 Counties.

120 (m) Naval Station Mayport, associated with Duval County,

121 Atlantic Beach, and Jacksonville.

122 (n) Patrick Space Force Base and Cape Canaveral Space

123 Force Station, associated with Brevard County, Canaveral Port

124 Authority, and Satellite Beach.

125 (o) Tyndall Air Force Base, associated with Bay County,

126 ~~and~~ Mexico Beach, and Parker.

127 (p) United States Southern Command, associated with Miami-

128 Dade County and Doral.

129 (q) South Florida Ocean Measurement Facility, associated

130 with Broward County and Dania Beach.

131 (r) United States Coast Guard Sector Jacksonville,

132 including Station Mayport, Station Port Canaveral, Station Ponce

133 de Leon Inlet, Aids to Navigation Team Jacksonville Beach, and

134 Helicopter Interdiction Tactical Squadron (HITRON), associated

135 with Duval, Brevard, and Volusia Counties and Jacksonville,

136 Jacksonville Beach, Atlantic Beach, Canaveral Port Authority,

137 and New Smyrna Beach.

138 (s) United States Coast Guard Sector Miami, including Base

139 Miami Beach, Station Fort Lauderdale, Station Fort Pierce, Air

140 Station Miami, Station Lake Worth Inlet, and Civil Engineering

141 Unit Miami, associated with St. Lucie, Palm Beach, Broward, and

142 Miami-Dade Counties and Fort Pierce, Riviera Beach, Dania Beach,

143 Opa-locka, Miami, and Miami Beach.

144 (t) United States Coast Guard Sector Key West, including

145 Station Key West, Station Islamorada, and Station Marathon,

146 associated with Monroe County and Key West, Islamorada, and

147 Marathon.

148 (u) United States Coast Guard Sector St. Petersburg,

149 including Station St. Petersburg, Air Station Clearwater,

150 Station Cortez, Station Fort Myers Beach, Station Sand Key, and

151 Station Yankeetown, associated with Pinellas, Manatee, Lee, and

152 Levy Counties and St. Petersburg, Clearwater, Cortez, Fort Myers

153 Beach, and Yankeetown.

154 (v) United States Coast Guard Sector Mobile, including

155 Station Panama City, Station Destin, and Station Pensacola,

156 associated with Bay, Okaloosa, and Escambia Counties and Panama

157 City, Destin, and Pensacola.

158 (3) The direct-support organization created in s. 288.987

159 may recommend to the Legislature changes to the military

160 installations and ranges and local governments specified in

161 subsection (2) based on a military base or range's ~~base's~~

162 potential for impacts from encroachment, and incompatible land

163 uses and development.

164 (4) Each affected local government must transmit to the

165 commanding officer of the relevant associated installation or

166 range ~~or installations~~ information relating to proposed changes

167 to comprehensive plans, plan amendments, and proposed changes to

168 land development regulations which, if approved, would affect

169 the intensity, density, or use of the land adjacent to or in

170 close proximity to the military installation or range. At the

171 request of the commanding officer, affected local governments

172 must also transmit to the commanding officer copies of

173 applications for development orders requesting a variance or

174 waiver from height or lighting restrictions or noise attenuation

175 reduction requirements within areas defined in the local

176 government's comprehensive plan as being in a zone of influence

177 of the military installation or range. Each affected local

178 government shall provide the military installation or range

179 control military authority an opportunity to review and comment

180 on the proposed changes.

181 (5) The commanding officer or his or her designee may

182 provide advisory comments to the affected local government on

183 the impact such proposed changes may have on the mission of the

184 military installation or range. Such advisory comments shall be

185 based on appropriate data and analyses provided with the

186 comments and may include:

187 (a) If the installation has an airfield or range, whether

188 such proposed changes will be incompatible with the safety and

189 noise standards contained in the Air Installation Compatible Use

190 Zone (AICUZ) or the Range Air Installation Compatible Use Zone

191 (RAICUZ) adopted by the military installation for that airfield

192 or range.;

193 (b) Whether such changes are incompatible with the

194 Installation Environmental Noise Management Program (IENMP) of

195 the United States Army.;

196 (c) Whether such changes are incompatible with the

197 findings of a Joint Land Use Study (JLUS), a Compatible Use Plan

198 Study, an Acoustic Buffer Zone, an Explosive Safety Quantity

199 Distance (ESQD) arc, a Military Influence Overlay District

200 (MIOD), a Military Influence Planning Area (MIPA), and a

201 Military Installation Complex Encroachment Management Action

202 Plan (ICEMAP), or a Military Installation Readiness Review

203 (MIRR) for the area if one has been completed.; ~~and~~

204 (d) Whether the military installation or range's

205 ~~installation's~~ mission will be adversely affected by the

206 proposed actions of the county, or affected local government, or

207 controlling authority.

209 The commanding officer's comments, underlying studies, and

210 reports shall be considered by the local government in the same

211 manner as the comments received from other reviewing agencies

212 pursuant to s. 163.3184.

213 (6) The affected local government shall take into

214 consideration any comments and accompanying data and analyses

215 provided by the commanding officer or his or her designee

216 pursuant to subsection (4) as they relate to the strategic

217 mission of the base, public safety, and the economic vitality

218 associated with the base's operations, while also respecting

219 private property rights and not being unduly restrictive on

220 those rights. The affected local government shall forward a copy

221 of any comments regarding comprehensive plan amendments to the

222 state land planning agency.

223 (7) To facilitate the exchange of information provided for

224 in this section, a representative of a military installation or

225 range acting on behalf of all military installations and ranges

226 within that jurisdiction shall serve ex officio as a nonvoting

227 member of the county's or affected local government's land

228 planning or zoning board. The representative is not required to

229 file a statement of financial interest pursuant to s. 112.3145

230 solely due to his or her service on the county's or affected

231 local government's land planning or zoning board.

232 (8) The commanding officer is encouraged to provide

233 information about any community planning assistance grants that

234 may be available to a county or affected local government

235 through programs such as those of the federal Office of Local

236 Defense Community Cooperation ~~Economic Adjustment~~ as an

237 incentive for communities to participate in a joint planning

238 process that would facilitate the compatibility and resilience

239 of community planning and the activities and mission of the

240 military installation or range.

241 (9) Any state department or local government that

242 administratively approves development projects must coordinate

243 with the state land planning agency before granting such

244 approval if the project is located in a military planning zone

245 of influence, including a military-adopted Air Installation

246 Compatible Use Zone (AICUZ), a Range Air Installation Compatible

247 Use Zone (RAICUZ), an Acoustic Buffer Zone (BZ), an Explosive

248 Safety Quantity Distance (ESQD) arc, a Military Influence

249 Overlay District (MIOD), a Military Influence Area (MIA), or a

250 Military Installation Complex Encroachment Management Action

251 Plan (ICEMAP) that provides for United States Department of

252 Defense mission assurance; protect the health, safety, and

253 welfare of the public surrounding such installations; and

254 support compatibility with operational, test, training, or other

255 national defense capabilities undertaken by the United States

256 Department of Defense within this state's terrestrial, sea

257 space, or airspace boundaries. Any development project that

258 conflicts with such protections may not be approved unless the

259 state land planning agency issues a written finding of no

260 adverse impact on the affected military installation.

261 Section 3. Part V of chapter 252, Florida Statutes,

262 consisting of ss. 252.951-252.958, is created and entitled

263 "Military Community Resiliency."

264 Section 4. Section 252.951, Florida Statutes, is created to read:

266 252.951 Legislative findings and intent.—

267 (1) The Legislature finds that:

268 (a) Florida hosts critical military installations and

269 range complexes that substantially contribute to this state's

270 economy and national defense.

271 (b) These installations depend upon community-based

272 infrastructure, utilities, transportation, housing, and services

273 located outside installation boundaries.

274 (c) When such off-installation assets are vulnerable to

275 natural hazards or other risks, mission assurance and community

276 resilience are adversely affected.

277 (d) The United States Department of Defense sponsors

278 Military Installation Readiness Reviews (MIRRs) to identify off-

279 installation vulnerabilities and to develop community projects

280 that enhance mission assurance and public resilience.

281 (e) Prioritizing MIRR-validated projects within state

282 resilience grant programs provides co-benefits to communities,

283 safeguards military operations, and supports this state's

284 economy.

285 (2) It is the intent of the Legislature to:

286 (a) Prioritize resilience projects identified and

287 validated in completed MIRRs within existing state resilience

288 grant programs.

289 (b) Protect public interests and the economic benefits

290 associated with prudent resilience investments.

291 (c) Preserve the contributions and value of military

292 installations and ranges in this state.

293 Section 5. Section 252.952, Florida Statutes, is created

294 to read:

295 252.952 Definitions.—As used in this part, the term:

296 (1) "Adverse impact" means an impact likely to impair,

297 restrict, or degrade the operation, training, research,

298 development, or testing activities of a military installation or

299 range.

300 (2) "Department" means a state department or agency that

301 administers a resilience-related grant or financial assistance

302 program.

303 (3) "Military installation" has the same meaning as in s.

304 163.3175(2).

305 (4) "Military Installation Readiness Review" or "MIRR"

306 means a study sponsored by the Department of Defense that

307 assesses community-based risks and vulnerabilities that may

308 adversely affect installation missions and identifies projects

309 to enhance resilience.

310 (5) "Resilience project" means an initiative identified

311 and validated in a MIRR report that addresses vulnerabilities in

312 physical, environmental, or operational infrastructure in the

313 surrounding community.

314 Section 6. Section 252.953, Florida Statutes, is created to read:

316 252.953 Prioritized scoring adjustment.—Subject to

317 appropriation, each department shall, within the existing

318 application scoring frameworks of its resilience-related grant

319 programs, apply a scoring adjustment that prioritizes

320 applications for resilience projects identified and validated in

321 a completed MIRR.

322 Section 7. Section 252.954, Florida Statutes, is created

323 to read:

324 252.954 Considerations.—In applying the prioritized

325 scoring adjustment, a department shall consider:

326 (1) The strategic importance of the affected installation

327 or range to this state's economy and national defense.

328 (2) The degree to which the project directly mitigates

329 vulnerabilities identified in a MIRR.

330 (3) The project's expected contribution to mission

331 assurance and operational continuity.

332 (4) Community co-benefits, including improved public

333 safety, infrastructure reliability, environmental stewardship,

334 and disaster preparedness.

335 Section 8. Section 252.955, Florida Statutes, is created

336 to read:

337 252.955 Transparency.—By October 1, 2026, each department

338 shall publish a revised prioritized scoring adjustment on its

339 website and in related program materials. Section 9. Section 252.956, Florida Statutes, is created

341 to read:

342 252.956 Oversight and reporting.—

343 (1) The Division of Emergency Management shall coordinate

344 interagency implementation of this part.

345 (2) By December 1, 2026, and annually thereafter, the

346 division shall submit a report to the Governor, the Speaker of

347 the House of Representatives, and the President of the Senate

348 that summarizes:

349 (a) Programs updated to incorporate the prioritized

350 scoring adjustment required by this part.

351 (b) Applications and awards for MIRR-validated projects.

352 (c) Observed outcomes and recommended improvements.

353 Section 10. Section 252.957, Florida Statutes, is created

354 to read:

355 252.957 Stakeholder coordination.—A department shall, as

356 appropriate, coordinate with the United States Department of

357 Defense, the Federal Emergency Management Agency, regional

358 planning councils, local governments, utilities, and private-

359 sector stakeholders to facilitate implementation of this part.

360 Section 11. Section 252.958, Florida Statutes, is created

361 to read:

362 252.958 Rulemaking.—A department may adopt rules to

363 implement this part.

364 Section 12. This act shall take effect July 1, 2026.