The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Community Affairs
BILL: SB 1666
INTRODUCER: Senator Wright
SUBJECT: Marine Encroachment on Spaceflight and Military Operations
DATE: March 21, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hunter Ryon CA Pre-meeting
2. MS
3. RC
I. Summary:
SB 1666 modifies and lengthens the list of military installations and ranges determined to be
vulnerable to compatibility and coordination issues as a result of land use decisions by nearby
local governments. The purpose of this list is facilitate the exchange of information between
local governments and military installations to encourage compatible land use, help prevent
incompatible encroachment, and ensure the continued presence of major military installations in
this state. The bill also incorporates “ranges” to numerous provisions throughout current law
pertaining to compatible land use and extends the heightened planning provisions to activities in
“state-controlled waters” near military installations and ranges.
Lastly, the bill modifies the process for establishing temporary protection zones for spaceflight
launches and recovery of spaceflight assets. The bill provides that upon notification from law
enforcement that a protection zone has been established, the port authority must direct at least
one licensed state harbor pilot, or certificated deputy pilot, to board each cruise or civilian vessel
within the port and hand deliver to the operator of such vessel a written notice of the
establishment of the protection zone and the penalties for violating conditions of the protection
zone. The operator must sign the notice as an indication that he or she acknowledges the
information provided and return the signed notice to the pilot.
The bill takes effect July 1, 2023.
REVISED: BILL: SB 1666 Page 2
II. Present Situation:
Comprehensive Plans and Plan Amendments
In 1985, the Legislature passed the Growth Management Act, which required every city and
county to create and implement a comprehensive plan to guide future development.
1
A local
government’s comprehensive plan outlines the needs and locations for future public facilities,
including roads, water and wastewater infrastructure, residential neighborhoods, parks, schools,
and commercial and industrial developments.
2
All development, both public and private, and all development orders
3
approved by local
governments must be consistent with the local government’s comprehensive plan.
4
Among the
many components of a comprehensive plan is a land use element designating proposed future
general distribution, location, and extent of the uses of land.
5
Specified use designations include
those for residential, commercial, industry, agriculture, recreation, conservation, education, and
public facilities.
6
The future land use plan and plan amendments must be based upon surveys, studies, and data
regarding the area, as applicable, including the compatibility of uses on lands adjacent to or in
close proximity to military installations.
7
In 2011, the Legislature bifurcated the process for approving comprehensive plan amendments.
8
Plan amendments are now placed into either the “Expedited State Review Process” or the “State
Coordinated Review Process.”
9
The two processes operate in much the same way; however, the
State Coordinated Review Process provides a longer review period and requires all agency
comments to be coordinated by the Department of Economic Opportunity (DEO), rather than
communicated directly to the permitting local government by each individual reviewing agency.
Under both processes, a proposed comprehensive plan or plan amendment must receive a public
hearing by the local governing body before it may be transmitted to the state for review. First,
the local planning board must hold a public hearing at which it makes a recommendation to the
local governing body on adoption of the plan or plan amendment.
10
Then, the local governing
body must hold a public hearing to consider transmittal of the proposed plan or plan
amendment.
11
1
Chapter 85-55, Laws of Fla.
2
Section 163.3177, F.S.
3
“Development order” means any order granting, denying, or granting with conditions an application for a development
permit. See s. 163.3164(15), F.S. “Development permit” includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, variance, or any other official action of local government having the effect of
permitting the development of land. See s. 163.3164(16), F.S.
4
Section 163.3194(3), F.S
5
Section 163.3177(6)(a), F.S.
6
Id.
7
Section 163.3177(6)(2)(f)
8
Chapter 2011-139, s. 17, Laws of Fla.
9
Section 163.3184(3) and (4), F.S.
10
Sections 163.3174(4)(a), F.S.
11
Sections 163.3184(11), F.S. BILL: SB 1666 Page 3
If a majority of the local governing body members present at the hearing approve such
transmittal, the plan or amendment must be transmitted within 10 working days to the following
state and local governmental entities, known as “reviewing agencies”:
DEO, designated as the “state land planning agency”;
12
The appropriate regional planning council;
The appropriate water management district;
DEP;
The Department of State;
The Department of Transportation;
The Department of Education, if plan amendments relate to public schools;
The commanding officer of an affected military installation;
The Fish and Wildlife Conservation Commission and the Department of Agriculture and
Consumer Services, in the case of county plans and plan amendments; and
The county in which the municipality is located, in the case of municipal plans and plan
amendments.
13
The reviewing agencies and certain other government entities may provide comments to the local
government regarding a plan or plan amendment. State agencies may only comment on
important state resources and facilities that will be adversely impacted by a plan amendment, if
adopted.
14
Comments provided by state agencies must state with specificity how a plan
amendment will adversely impact an important state resource or facility and must identify
measures the local government may take to eliminate, reduce, or mitigate the adverse impacts.
15
Under the expedited process, these comments must be provided directly to the local government
not later than 30 days after receipt of the plan amendment.
16
Alternatively, the state coordinated
review requires agencies to provide comments to DEO.
17
DEO then has a total of 60 days from
receipt to provide the local government with a report containing the state’s objections,
recommendations, and comments.
18
After the local government receives the comments made by the reviewing agencies, whether
directly from the agencies or through the report issued by DEO, the local governing body must
hold a second public hearing to approve or deny the plan or plan amendment.
19
The second
public hearing must be conducted within 180 days after the agency comments are received.
12
Section 163.3164(44), F.S.
13
Section 163.3184(1)(c) and (3)(b)1., F.S.
14
Section 163.3184(3)(b)2. and (4)(c), F.S. DEO has special requirements for providing comments on plans or plan
amendments following the state coordinated review process.
15
Id.
16
Section 163.3184(3)(b)2.
17
Section 163.3184(4)(c)-(d), F.S.
18
Section 163.3184(4)(d), F.S.; see DEO, State Coordinated Review Amendment Process,
http://www.floridajobs.org/docs/default-source/2015-community-development/community-planning/comp-
plan/statecoordinatedreviewprocessflowchart.pdf?sfvrsn=d6a766b0_2 (last visited March 1, 2023).
19
Section 163.3184(11), F.S. BILL: SB 1666 Page 4
Generally, if a local government fails to hold the second public hearing within 180 days after
receipt of agency comments, the plan amendment is deemed withdrawn.
20
Exchange of Information between Local Governments and Military Installations
Section 163.3175, F.S., provides the following legislative findings relating to land use around
military installations:
Incompatible development of land close to military installations can adversely affect the
ability of such an installation to carry out its mission;
Such development also threatens the public safety because of the possibility of accidents
occurring within the areas surrounding a military installation;
The economic vitality of a community is affected when military operations and missions
must relocate because of incompatible urban encroachment; and
Therefore, it is desirable for the local governments in the state to cooperate with military
installations to encourage compatible land use, help prevent incompatible encroachment, and
facilitate the continued presence of major military installations in this state.
The section identifies sixteen major military installations that, due to their mission and activities,
have a greater potential for experiencing compatibility and coordination issues than others.
21
It
also identifies proximate local governments and requires those local governments to transmit to
the commanding officer of the relevant associated installation or installations the following:
Information relating to proposed changes to the local government’s comprehensive plan or
land development regulations which, if approved, would affect the intensity, density, or use
of the land adjacent to or in close proximity to the military installation; and
At the request of the commanding officer, copies of applications for development orders
requesting a variance or waiver from height or lighting restrictions or noise attenuation
reduction requirements within areas defined in the local government’s comprehensive plan as
being in a zone of influence of the military installation.
22
Each affected local government must provide the military installation an opportunity to review
and comment on the proposed changes.
23
The commanding officer or his or her designee may
provide to the affected local government advisory comments, data, and analyses on the effect the
proposed changes may have on the mission of the military installation.
24
In making a
determination on the proposed changes, the affected local government must consider and weigh
the strategic mission of the base, public safety, and economic vitality associated with the base’s
operations, while also respecting private property rights and avoiding undue restrictions on those
rights.
25
20
Section 163.3184(3)(c)1. and (4)(e)1., F.S. This 180-day timeframe may be extended by agreement as long as notice is
provided to DEO and any affected person that provided comments on the plan amendment. Also, an exception exists for
developments of regional impact.
21
Section 163.3175(2)(a)-(p), F.S.
22
Section 163.3175(4), F.S.
23
Id.
24
Section 163.3175(5), F.S.
25
Section 163.3175(6), F.S. BILL: SB 1666 Page 5
All comments on comprehensive plan amendments must be forwarded to the state land planning
agency.
26
To facilitate the exchange of information, a representative of a military installation
acting on behalf of all military installations within that jurisdiction serves as a nonvoting member
of the county’s or affected local government’s land planning or zoning board.
27
Temporary Protection Zones for Spaceflight Launches and Recovery of Assets
Section 327.462, F.S., regulates the temporary establishment of protection zones in water bodies
to ensure security around the launch and recovery of spaceflight assets. The statute defines the
following terms:
“Launch services” means the conduct of a launch and activities involved in the preparation of
a launch vehicle, payload, government astronaut, commercial astronaut, or spaceflight
participant for such launch.
28
“Reentry services” means the conduct of a reentry and activities involved in the preparation
of a reentry vehicle, payload, government astronaut, commercial astronaut, or spaceflight
participant for such reentry.
29
“Spaceflight assets” means any item, or any part of an item, owned by a spaceflight entity
which is used in launch services or reentry services, including crewed and uncrewed
spacecraft, launch vehicles, parachutes and other landing aids, and any spacecraft or ancillary
equipment that was attached to the launch vehicle during launch, orbit, or reentry.
30
“Spaceflight entity” means any public or private entity holding a United States Federal
Aviation Administration (FAA) launch, reentry, operator, or launch site license for
spaceflight activities. The term also includes any manufacturer or supplier of components,
services, or vehicles that have been reviewed by the FAA as part of issuing such a license,
permit, or authorization.
31
The law authorizes the head of a law enforcement agency or entity identified in s. 327.70(1),
F.S.
32
, to temporarily establish a protection zone requiring vessels to leave, or prohibiting vessels
from entering, water bodies when necessary for preparations in advance of or for recovery of
spaceflight assets before or after a launch service or reentry service.
33
A temporary protection zone must be established under the following conditions:
The zone must be located within five hundred yards of where launch services, reentry
services, or spaceflight asset recovery operations are being conducted. However, the
protection zone may be located at a distance greater than five hundred yards if law
enforcement determines that such greater distance is in the best interest of public safety.
34
26
Id.
27
Section 163.3175(7), F.S.
28
Section 327.462(1)(a) F.S.
29
Section 327.462(1)(b) F.S.
30
Section 327.462(1)(c) F.S.
31
The law defines “spaceflight entity” to have the same definition as in s. 331.501, F.S.
32
Law enforcement agencies identified in s. 327.70(1), F., are the Division of Law Enforcement of the Fish and Wildlife
Conservation Commission, county sheriffs, municipal police, and law enforcement agencies as defined in s. 943.10, F.S.
33
Section 327.462(2) F.S.
34
Section 327.462(2)(a) F.S. BILL: SB 1666 Page 6
The zone may remain in effect only as long as necessary to ensure security around the launch
and recovery areas and to recover spaceflight assets and any personnel being transported
within a spacecraft following the launch or reentry activity. Such protection zone may not be
in place more than 72 hours before or 72 hours after the launch.
35
Law enforcement may also restrict vessels from operating within up to 500 yards of any
vessel transporting recovered spaceflight assets following a launch or reentry while the
transport vessel is continuously underway transporting such assets to a location for
removal.
36
Law enforcement may not restrict vessel movement within the Florida Intracoastal
Waterway, except as necessary during the transport of spaceflight assets to or from port or
during exigent circumstances.
37
Law enforcement must report the establishment of the temporary protection zone via email to
The Florida Fish and Wildlife Conservation Commission’s (FWC) Division of Law
Enforcement, Boating and Waterways Section, and to the appropriate Coast Guard Sector
Command having responsibility over the water body, at least 72 hours before establishment
of the protection zone. The report must include:
o Reasons for the protection zone;
o The portion of the water body or water bodies that will be included in the protection
zone; and
o The duration of the protection zone.
Law enforcement must report via email to the FWC’s Division of Law Enforcement, Boating
and Waterways Section, the details of all citations issued for violation of the protection zone
no later than 72 hours after the end of the protection zone period.
The law applies only to launch services, reentry services, or the recovery of spaceflight assets
occurring or originating within spaceport territory,
38
and to federally licensed or federally
authorized launches and reentries occurring or transiting to an end destination upon waters of this
state.
39
The law provides that a person who violates this section or any directive given by law
enforcement relating to an established temporary protection zone after being advised of the
establishment of the protection zone commits a misdemeanor of the second degree.
40
Harbor Pilots
In the interest of health, safety, and welfare of residents and property, to protect against
economic and environmental damages from accidents on Florida waterways, the state requires
ships to use state-licensed harbor pilots who have detailed knowledge of local conditions such as
water depth, currents, tides, and navigational hazards and how these factors affect ship
35
Section 327.462(3), F.S.
36
Section 327.462(3)(a), F.S.
37
Section 327.462(3)(b), F.S.
38
Section 331.304, F.S., establishes as spaceport territory specified real property in Brevard, Santa Rosa, Okaloosa, Gulf,
Walton, and Duval Counties, and real property which is a spaceport licensed by the FAA, as designated by the board of
directors of Space Florida.
39
Section 327.462(5), F.S.
40
Section 327.462(6), F.S. BILL: SB 1666 Page 7
movements in port channels.
41
Pilots serve as advisors to shipmasters (captains) when taking
ships into or out of port, but the shipmasters are ultimately responsible for the safe navigation of
their vessels.
The 1975 Legislature established the Board of Pilot Commissioners to oversee statewide
licensing and regulation of harbor pilots; the board is administratively housed within the
Department of Business and Professional Regulation (DBPR).
42
Both a state licensed pilot and a state certificated deputy pilot must be at least 21 years old, have
a high school diploma or equivalent, be in good mental and physical health as evidenced by a
physical examination undertaken by a licensed physician, and pass a drug test.
43
In addition, a state licensed pilot must:
44
Have had at least 2 years of service as a deputy pilot in the port in which license is desired
directly before a required examination.
Have a valid United States Coast Guard first-class unlimited pilot’s license covering all of
the waters of the port.
Have successfully completed the board-approved deputy pilot training program in the port in
which license is desired.
Passed a DBPR examination pertaining to the management of vessels and in regard to their
knowledge of the channels, waters, harbors, and port where they wish to serve.
To be certificated as a deputy pilot, an applicant must:
45
Have maritime experience satisfactory to the board prior to taking a DBPR examination
evidenced by documentation of service while holding a United States Coast Guard license.
Submit full documentation of sea time through discharges, continuous discharge books, or
other official documents.
46
Submit proof of sufficient maritime background and experience to enable the applicant, if not
already so licensed, to be eligible to obtain a valid United States Coast Guard first-class
unlimited pilot’s license covering all of the waters of the port.
III. Effect of Proposed Changes:
Compatibility of Development near Military Installations and Ranges
The bill modifies the list of military installations and ranges in s. 163.3175(2), F.S., determined
to be vulnerable to compatibility and coordination issues as a result of land use decisions by
nearby local governments. Specifically, the bill amends the descriptors and associated local
41
Section
42
Section 310.011, F.S.
43
Sections 310.071 and 310.073, F.S.
44
Section 310.073, F.S.
45
Section 310.071, F.S.
46
Sea service may be documented to the Coast Guard in various forms such as certificates of discharge, pilotage service and
billing forms, and service letters or other official documents from marine companies signed by the owner, operator, master,
or chief engineer of the vessel. The Coast Guard must be satisfied as to the authenticity and acceptability of all evidence of
experience or training presented. 46 CFR § 10.232 BILL: SB 1666 Page 8
governments for various installations currently identified on the list and also adds the following
six installations:
United States Coast Guard Sector Jacksonville
47
(associated with Duval, Brevard, and
Volusia Counties and Jacksonville, Jacksonville Beach, Atlantic Beach, Canaveral Port
Authority, and New Smyrna Beach).
United States Coast Guard Sector Miami
48
(associated with St. Lucie, Palm Beach,
Broward, and Miami-Dade Counties and Fort Pierce, Riviera Beach, Dania Beach, Opa-
locka, Miami, and Miami Beach).
United States Coast Guard Sector Key West
49
(associated with Monroe County and Key
West, Islamorada, and Marathon).
United States Coast Guard Sector St. Petersburg
50
(associated with Pinellas, Manatee,
Lee, and Levy Counties and St. Petersburg, Clearwater, Cortez, Fort Myers Beach, and
Yankeetown).
United States Coast Guard Sector Mobile
51
(associated with Bay, Okaloosa, and Escambia
Counties and Panama City, Destin, and Pensacola).
South Florida Ocean Measurement Facility
52
(associated with Broward County and Dania
Beach).
The bill also:
Extends the heightened planning provisions for land development near military installations
and ranges to activities in “state-controlled waters”
53
near military installations and ranges.
Incorporates “ranges” to numerous provisions throughout current law pertaining to the
compatibility of uses on lands adjacent to or closely proximate to military installations.
Accounts for the renaming of the federal Office of Economic Adjustment to the “Office of
Local Defense Community Cooperation.”
References the “Compatible Use Plan Study,” the “Military Installation Resilience Review
(MIRR),” and the “Range Air Installation Compatible Use Zone (RAICUS)” for
commanding officers to use in determining compatibility of proposed local land use changes.
Temporary Protection Zones for Spaceflight Launches and Recovery of Assets
The bill amends s. 327.462, F.S., to modify the process in which temporary protection zones for
spaceflight launches and recovery of spaceflight assets are established. Specifically it requires
law enforcement to report the establishment of a protection zone to the appropriate port
47
United States Coast Guard Atlantic Area, USCG Sector Jacksonville, available at https://www.atlanticarea.uscg.mil/Our-
Organization/District-7/Units/Sector-Jacksonville-Home/ (last visited Mar. 20, 2023)
48
United States Coast Guard Atlantic Area, USCG Sector Miami, available at https://www.atlanticarea.uscg.mil/Our-
Organization/District-7/Units/Sector-Miami/ (last visited Mar. 20, 2023)
49
United States Coast Guard Atlantic Area, USCG Sector Key West, available at https://www.atlanticarea.uscg.mil/Our-
Organization/District-7/Units/SectorKeyWest/ (last visited Mar. 20, 2023)
50
United States Coast Guard Atlantic Area, USCG Sector St. Petersburg, available at https://www.atlanticarea.uscg.mil/Our-
Organization/District-7/Units/Sector-St-Petersburg/ (last visited Mar. 20, 2023)
51
United States Coast Guard Atlantic Area, USCG Sector Mobile, available at https://www.atlanticarea.uscg.mil/Our-
Organization/District-8/District-Units/Sector-Mobile/ (last visited Mar 20, 2023)
52
Naval Sea Systems Command, South Florida Ocean Measurement Facility - Fort Lauderdale, Florida, available at
https://www.navsea.navy.mil/Home/Warfare-Centers/NSWC-Carderock/Who-We-Are/Fort-Lauderdale-Florida/ (last visited
Mar. 20, 2023)
53
Florida state waters are from shore to 3 nautical miles on the Atlantic and from shore to 9 nautical miles on the Gulf. BILL: SB 1666 Page 9
authority, and upon receipt of such a report, the port authority must direct at least one licensed
state pilot, or certificated deputy pilot to board each cruise or civilian vessel escorted into or out
of the applicable port and hand deliver to the operator of such vessel a written notice of the
establishment of the protection zone and the penalties for violation. The operator must sign the
notice as an indication that he or she acknowledges the information provided in the notice and
must return the signed notice to the pilot.
The bill takes effect July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Harbor pilots licensed and certificated by the state may see an increase in business to the
extent that they are required to deliver notices of Temporary Protection Zones for
Spaceflight Launches and Recovery of Assets.
C. Government Sector Impact:
The bill will require more coordination and communication between certain local
governments and the military, which may cause a small but likely insignificant fiscal
impact to local governments. BILL: SB 1666 Page 10
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 163.3175, 327.462,
163.3177, 163.3184, 380.0651.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.