HB 1491 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1491-00
Page 1 of 24
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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.; confor ming 19
provisions to changes made by the act; providing an 20
effective date. 21
22
Be It Enacted by the Legislature of the State of Florida: 23
24
Section 1. Section 163.3175, Florida Statutes, is amended 25
HB 1491 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1491-00
Page 2 of 24
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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
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 47
to 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
HB 1491 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1491-00
Page 3 of 24
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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 a ssociation 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
(b) Camp Blanding, associated with Clay, Br adford, 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, Nicevil le, 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, Outlying Landing Field and outlying 73
landing field Whitehouse, and the Florida Air National Guard 74
associated with Duval County and Jacksonville. 75
HB 1491 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1491-00
Page 4 of 24
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(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 utilized 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 85
Bay County, Panama City, and Panama City Beach. 86
(k) Naval Air Station Pensacola, associated with Escambia 87
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 94
Force Station, associated with Brevard County , Canaveral Port 95
Authority, and Satellite Beach. 96
(o) Tyndall Air Force Base, associated with Bay County , 97
and Mexico Beach, and Parker. 98
(p) United States Southern Command, associated with Miami -99
Dade County and Doral. 100
HB 1491 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1491-00
Page 5 of 24
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(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 Ft. Lauderdale, Station Ft. 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
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 Ft. Myers Beach, Station Sand Key, and 122
Station Yankeetown, associated with Pinellas, Manatee, Lee, and 123
Levy Counties and St. Petersburg, Clearwater, Cortez, Ft. Myers 124
Beach, and Yankeetown. 125
HB 1491 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1491-00
Page 6 of 24
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(v) United States Co ast 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 130
to the Legislature changes to the military installations and 131
ranges and local governments specified in subsection (2) based 132
on a military base's or range's potential for impacts from 133
encroachment, and incompatible land uses and development. 134
(4) Each affected loca l 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
reduction requirements within areas defined in the local 146
government's comprehensive plan as being in a zone of i nfluence 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
HB 1491 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1491-00
Page 7 of 24
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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 shall be 155
based on appropriate data and analyses provided w ith the 156
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 Inst allation 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 167
findings of a Joint Land Use Study (JLUS) , Compatible Use Plan 168
Study, or Military Installation Resilience Review (MIRR) for the 169
area if 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
The commanding officer's comments, underlying studies, and 175
HB 1491 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1491-00
Page 8 of 24
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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 designe e 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 ins tallation 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 requi red 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
HB 1491 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1491-00
Page 9 of 24
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
through programs such as those of the federal Office of Local 201
Defense Community Cooperation Economic Adjustment as an 202
incentive for communities to particip ate in a joint planning 203
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 209
launches 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 pi lot certificated, under 225
HB 1491 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1491-00
Page 10 of 24
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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 viola tion 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
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 amen ded 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) -250
HB 1491 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1491-00
Page 11 of 24
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(5), the comprehensive plan shall include the following 251
elements: 252
(a) A future land use plan elem ent designating proposed 253
future general distribution, location, and extent of the uses of 254
land for residential uses, commercial uses, industry, 255
agriculture, recreation, conservation, education, public 256
facilities, and other categories of the public and priv ate uses 257
of land. The approximate acreage and the general range of 258
density or intensity of use shall be provided for the gross land 259
area included in each existing land use category. The element 260
shall establish the long -term end toward which land use progra ms 261
and activities are ultimately directed. 262
1. Each future land use category must be defined in terms 263
of uses included, and must include standards to be followed in 264
the control and distribution of population densities and 265
building and structure intensitie s. The proposed distribution, 266
location, and extent of the various categories of land use shall 267
be shown on a land use map or map series which shall be 268
supplemented by goals, policies, and measurable objectives. 269
2. The future land use plan and plan amendm ents shall be 270
based upon surveys, studies, and data regarding the area, as 271
applicable, including: 272
a. The amount of land required to accommodate anticipated 273
growth. 274
b. The projected permanent and seasonal population of the 275
HB 1491 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1491-00
Page 12 of 24
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
area. 276
c. The character of un developed land. 277
d. The availability of water supplies, public facilities, 278
and services. 279
e. The need for redevelopment, including the renewal of 280
blighted areas and the elimination of nonconforming uses which 281
are inconsistent with the character of the co mmunity. 282
f. The compatibility of uses on lands adjacent to or 283
closely proximate to military installations and ranges. 284
g. The compatibility of uses on lands adjacent to an 285
airport as defined in s. 330.35 and consistent with s. 333.02. 286
h. The discouragement of urban sprawl. 287
i. The need for job creation, capital investment, and 288
economic development that will strengthen and diversify the 289
community's economy. 290
j. The need to modify land uses and development patterns 291
within antiquated subdivisions. 292
3. The future land use plan element shall include criteria 293
to be used to: 294
a. Achieve the compatibility of lands adjacent to or 295
closely proximate to military installations and ranges, 296
considering factors identified in s. 163.3175(5). 297
b. Achieve the compati bility of lands adjacent to an 298
airport as defined in s. 330.35 and consistent with s. 333.02. 299
c. Encourage preservation of recreational and commercial 300
HB 1491 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1491-00
Page 13 of 24
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
working waterfronts for water -dependent uses in coastal 301
communities. 302
d. Encourage the location of sch ools proximate to urban 303
residential areas to the extent possible. 304
e. Coordinate future land uses with the topography and 305
soil conditions, and the availability of facilities and 306
services. 307
f. Ensure the protection of natural and historic 308
resources. 309
g. Provide for the compatibility of adjacent land uses. 310
h. Provide guidelines for the implementation of mixed -use 311
development including the types of uses allowed, the percentage 312
distribution among the mix of uses, or other standards, and the 313
density and intensity of each use. 314
4. The amount of land designated for future planned uses 315
shall provide a balance of uses that foster vibrant, viable 316
communities and economic development opportunities and address 317
outdated development patterns, such as antiquated subd ivisions. 318
The amount of land designated for future land uses should allow 319
the operation of real estate markets to provide adequate choices 320
for permanent and seasonal residents and business and may not be 321
limited solely by the projected population. The elem ent shall 322
accommodate at least the minimum amount of land required to 323
accommodate the medium projections as published by the Office of 324
Economic and Demographic Research for at least a 10 -year 325
HB 1491 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1491-00
Page 14 of 24
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
planning period unless otherwise limited under s. 380.05, 326
including related rules of the Administration Commission. 327
5. The future land use plan of a county may designate 328
areas for possible future municipal incorporation. 329
6. The land use maps or map series shall generally 330
identify and depict historic district boundaries and shall 331
designate historically significant properties meriting 332
protection. 333
7. The future land use element must clearly identify the 334
land use categories in which public schools are an allowable 335
use. When delineating the land use categories in which public 336
schools are an allowable use, a local government shall include 337
in the categories sufficient land proximate to residential 338
development to meet the projected needs for schools in 339
coordination with public school boards and may establish 340
differing criteria for schools of different type or size. Each 341
local government shall include lands contiguous to existing 342
school sites, to the maximum extent possible, within the land 343
use categories in which public schools are an allowable use. 344
8. Future land use map amendments shall be based upon the 345
following analyses: 346
a. An analysis of the availability of facilities and 347
services. 348
b. An analysis of the suitability of the plan amendment 349
for its proposed use considering the character of the 350
HB 1491 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1491-00
Page 15 of 24
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
undeveloped land, soils, topography, natural resources, and 351
historic resources on site. 352
c. An analysis of the minimum amount of land needed to 353
achieve the goals and requirements of this section. 354
9. The future land use element and any amendment to the 355
future land use element shall discourage the proliferation of 356
urban sprawl. 357
a. The primary indicators that a plan or plan amendment 358
does not discourage the proliferation of urban sprawl are listed 359
below. The evaluation of the presence of these indicators shall 360
consist of an analysis of the plan or plan amendment within the 361
context of features and characteristics unique to each locality 362
in order to determine whether the plan or plan amendment: 363
(I) Promotes, allows, or designates for development 364
substantial areas of the ju risdiction to develop as low -365
intensity, low-density, or single-use development or uses. 366
(II) Promotes, allows, or designates significant amounts 367
of urban development to occur in rural areas at substantial 368
distances from existing urban areas while not usi ng undeveloped 369
lands that are available and suitable for development. 370
(III) Promotes, allows, or designates urban development in 371
radial, strip, isolated, or ribbon patterns generally emanating 372
from existing urban developments. 373
(IV) Fails to adequately protect and conserve natural 374
resources, such as wetlands, floodplains, native vegetation, 375
HB 1491 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1491-00
Page 16 of 24
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
environmentally sensitive areas, natural groundwater aquifer 376
recharge areas, lakes, rivers, shorelines, beaches, bays, 377
estuarine systems, and other significant natura l systems. 378
(V) Fails to adequately protect adjacent agricultural 379
areas and activities, including silviculture, active 380
agricultural and silvicultural activities, passive agricultural 381
activities, and dormant, unique, and prime farmlands and soils. 382
(VI) Fails to maximize use of existing public facilities 383
and services. 384
(VII) Fails to maximize use of future public facilities 385
and services. 386
(VIII) Allows for land use patterns or timing which 387
disproportionately increase the cost in time, money, and energy 388
of providing and maintaining facilities and services, including 389
roads, potable water, sanitary sewer, stormwater management, law 390
enforcement, education, health care, fire and emergency 391
response, and general government. 392
(IX) Fails to provide a clear separa tion between rural and 393
urban uses. 394
(X) Discourages or inhibits infill development or the 395
redevelopment of existing neighborhoods and communities. 396
(XI) Fails to encourage a functional mix of uses. 397
(XII) Results in poor accessibility among linked or 398
related land uses. 399
(XIII) Results in the loss of significant amounts of 400
HB 1491 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1491-00
Page 17 of 24
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
functional open space. 401
b. The future land use element or plan amendment shall be 402
determined to discourage the proliferation of urban sprawl if it 403
incorporates a development pattern o r urban form that achieves 404
four or more of the following: 405
(I) Directs or locates economic growth and associated land 406
development to geographic areas of the community in a manner 407
that does not have an adverse impact on and protects natural 408
resources and ecosystems. 409
(II) Promotes the efficient and cost -effective provision 410
or extension of public infrastructure and services. 411
(III) Promotes walkable and connected communities and 412
provides for compact development and a mix of uses at densities 413
and intensities that will support a range of housing choices and 414
a multimodal transportation system, including pedestrian, 415
bicycle, and transit, if available. 416
(IV) Promotes conservation of water and energy. 417
(V) Preserves agricultural areas and activities, including 418
silviculture, and dormant, unique, and prime farmlands and 419
soils. 420
(VI) Preserves open space and natural lands and provides 421
for public open space and recreation needs. 422
(VII) Creates a balance of land uses based upon demands of 423
the residential population for the nonresidential needs of an 424
area. 425
HB 1491 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1491-00
Page 18 of 24
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(VIII) Provides uses, densities, and intensities of use 426
and urban form that would remediate an existing or planned 427
development pattern in the vicinity that constitutes sprawl or 428
if it provides for an innovative development pattern such as 429
transit-oriented developments or new towns as defined in s. 430
163.3164. 431
10. The future land use element shall include a future 432
land use map or map series. 433
a. The proposed distribution, extent, and location of the 434
following uses shall be shown on the future land use map or map 435
series: 436
(I) Residential. 437
(II) Commercial. 438
(III) Industrial. 439
(IV) Agricultural. 440
(V) Recreational. 441
(VI) Conservation. 442
(VII) Educational. 443
(VIII) Public. 444
b. The following areas shall also be shown on the future 445
land use map or map series, if applicable: 446
(I) Historic district boundaries and designated 447
historically significant properties. 448
(II) Transportation concurrency management area boundaries 449
or transportation concurrency exception area boundaries. 450
HB 1491 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1491-00
Page 19 of 24
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(III) Multimodal transportation district boundaries. 451
(IV) Mixed-use categories. 452
c. The following natural resources or conditions shall be 453
shown on the future land use map or map series, if applicable: 454
(I) Existing and planned public pot able waterwells, cones 455
of influence, and wellhead protection areas. 456
(II) Beaches and shores, including estuarine systems. 457
(III) Rivers, bays, lakes, floodplains, and harbors. 458
(IV) Wetlands. 459
(V) Minerals and soils. 460
(VI) Coastal high hazard areas. 461
Section 4. Paragraph (c) of subsection (1) and paragraph 462
(b) of subsection (3) of section 163.3184, Florida Statutes, are 463
amended to read: 464
163.3184 Process for adoption of comprehensive plan or 465
plan amendment.— 466
(1) DEFINITIONS.—As used in this section, the term: 467
(c) "Reviewing agencies" means: 468
1. The state land planning agency; 469
2. The appropriate regional planning council; 470
3. The appropriate water management district; 471
4. The Department of Environmental Protection; 472
5. The Department of State; 473
6. The Department of Transportation; 474
7. In the case of plan amendments relating to public 475
HB 1491 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1491-00
Page 20 of 24
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
schools, the Department of Education; 476
8. In the case of plans or plan amendments that affect a 477
military installation or range listed in s. 163.3175, t he 478
commanding officer of the affected military installation or 479
range; 480
9. In the case of county plans and plan amendments, the 481
Fish and Wildlife Conservation Commission and the Department of 482
Agriculture and Consumer Services; and 483
10. In the case of muni cipal plans and plan amendments, 484
the county in which the municipality is located. 485
(3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 486
COMPREHENSIVE PLAN AMENDMENTS. — 487
(b)1. The local government, after the initial public 488
hearing held pursuant to subsectio n (11), shall transmit within 489
10 working days the amendment or amendments and appropriate 490
supporting data and analyses to the reviewing agencies. The 491
local governing body shall also transmit a copy of the 492
amendments and supporting data and analyses to any other local 493
government or governmental agency that has filed a written 494
request with the governing body. 495
2. The reviewing agencies and any other local government 496
or governmental agency specified in subparagraph 1. may provide 497
comments regarding the amendm ent or amendments to the local 498
government. State agencies shall only comment on important state 499
resources and facilities that will be adversely impacted by the 500
HB 1491 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1491-00
Page 21 of 24
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
amendment if adopted. Comments provided by state agencies shall 501
state with specificity how the p lan amendment will adversely 502
impact an important state resource or facility and shall 503
identify measures the local government may take to eliminate, 504
reduce, or mitigate the adverse impacts. Such comments, if not 505
resolved, may result in a challenge by the st ate land planning 506
agency to the plan amendment. Agencies and local governments 507
must transmit their comments to the affected local government 508
such that they are received by the local government not later 509
than 30 days after the date on which the agency or go vernment 510
received the amendment or amendments. Reviewing agencies shall 511
also send a copy of their comments to the state land planning 512
agency. 513
3. Comments to the local government from a regional 514
planning council, county, or municipality shall be limited a s 515
follows: 516
a. The regional planning council review and comments shall 517
be limited to adverse effects on regional resources or 518
facilities identified in the strategic regional policy plan and 519
extrajurisdictional impacts that would be inconsistent with the 520
comprehensive plan of any affected local government within the 521
region. A regional planning council may not review and comment 522
on a proposed comprehensive plan amendment prepared by such 523
council unless the plan amendment has been changed by the local 524
government subsequent to the preparation of the plan amendment 525
HB 1491 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1491-00
Page 22 of 24
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
by the regional planning council. 526
b. County comments shall be in the context of the 527
relationship and effect of the proposed plan amendments on the 528
county plan. 529
c. Municipal comments shall be in th e context of the 530
relationship and effect of the proposed plan amendments on the 531
municipal plan. 532
d. Military installation or range comments shall be 533
provided in accordance with s. 163.3175. 534
4. Comments to the local government from state agencies 535
shall be limited to the following subjects as they relate to 536
important state resources and facilities that will be adversely 537
impacted by the amendment if adopted: 538
a. The Department of Environmental Protection shall limit 539
its comments to the subjects of air and water pollution; 540
wetlands and other surface waters of the state; federal and 541
state-owned lands and interest in lands, including state parks, 542
greenways and trails, and conservation easements; solid waste; 543
water and wastewater treatment; and the Everglades e cosystem 544
restoration. 545
b. The Department of State shall limit its comments to the 546
subjects of historic and archaeological resources. 547
c. The Department of Transportation shall limit its 548
comments to issues within the agency's jurisdiction as it 549
relates to transportation resources and facilities of state 550
HB 1491 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1491-00
Page 23 of 24
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
importance. 551
d. The Fish and Wildlife Conservation Commission shall 552
limit its comments to subjects relating to fish and wildlife 553
habitat and listed species and their habitat. 554
e. The Department of Agricul ture and Consumer Services 555
shall limit its comments to the subjects of agriculture, 556
forestry, and aquaculture issues. 557
f. The Department of Education shall limit its comments to 558
the subject of public school facilities. 559
g. The appropriate water managemen t district shall limit 560
its comments to flood protection and floodplain management, 561
wetlands and other surface waters, and regional water supply. 562
h. The state land planning agency shall limit its comments 563
to important state resources and facilities outsid e the 564
jurisdiction of other commenting state agencies and may include 565
comments on countervailing planning policies and objectives 566
served by the plan amendment that should be balanced against 567
potential adverse impacts to important state resources and 568
facilities. 569
Section 5. Paragraph (n) of subsection (2) of section 570
380.0651, Florida Statutes, is amended to read: 571
380.0651 Statewide guidelines, standards, and exemptions. — 572
(2) STATUTORY EXEMPTIONS. —The following developments are 573
exempt from s. 380.06: 574
(n) The establishment, relocation, or expansion of any 575
HB 1491 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1491-00
Page 24 of 24
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
military installation or range as specified in s. 163.3175. 576
577
If a use is exempt from review pursuant to paragraphs (a) -(u), 578
but will be part of a larger project that is subject to review 579
pursuant to s. 380.06(12), the impact of the exempt use must be 580
included in the review of the larger project, unless such exempt 581
use involves a development that includes a landowner, tenant, or 582
user that has entered into a funding agreement with the state 583
land planning agency under the Innovation Incentive Program and 584
the agreement contemplates a state award of at least $50 585
million. 586
Section 6. This act shall take effect July 1, 2023. 587