H.B.785. Military Affairs

Florida House of Representatives
Last action 8 months ago
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Summary

                    An act relating to military affairs; amending s.

83.49, F.S.; prohibiting a landlord from requiring a prospective tenant who is a servicemember to deposit or advance a certain amount of funds; amending s.

83.682, F.S.; authorizing a tenant who is a servicemember to terminate a rental agreement under certain circumstances; amending s. 197.572, F.S.; providing that the title to certain lands remains subject to an easement for specified purposes; amending s. 288.980, F.S.; transferring certain duties and responsibilities from the Department of Economic Opportunity to the Florida Defense Support Task Force; amending s. 288.987, F.S.; removing obsolete language; providing that the president of Enterprise Florida, Inc., is the executive director of the Florida Defense Support Task Force; providing that the chair of the Florida Defense Alliance is an ex officio member of the task force; providing duties of Enterprise Florida, Inc.; amending s. 570.71, F.S.; prohibiting certain construction or activities incompatible with the mission of a military installation on certain land under a rural-lands-protection easement; providing an effective date.
                
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                    Be It Enacted by the Legislature of the State of Florida:

Section 1. Subsection (10) is added to section 83.49, Florida Statutes, to read:

83.49 Deposit money or advance rent; duty of landlord and tenant.— (10) If the tenant is a servicemember, the landlord may not require payment of a security deposit or advance rent that exceeds, in the aggregate, the total sum of rent that would be due in a 60-day period under the rental agreement.

Section 2. Subsection (1) of section 83.682, Florida Statutes, is amended to read:

83.682 Termination of rental agreement by a servicemember.— (1) Any servicemember may terminate his or her rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord's receipt of the notice if any of the following criteria are met:

(a) The servicemember is required, pursuant to a permanent change of station orders, to move 35 miles or more from the location of the rental premises; (b) The servicemember is prematurely or involuntarily discharged or released from active duty or state active duty; (c) The servicemember is released from active duty or state active duty after having leased the rental premises while on active duty or state active duty status and the rental premises is 35 miles or more from the servicemember's home of record prior to entering active duty or state active duty; (d) After entering into a rental agreement, the servicemember receives military orders requiring him or her to move into government quarters or the servicemember becomes eligible to live in and opts to move into government quarters or privatized military housing; (e) The servicemember receives temporary duty orders, temporary change of station orders, or state active duty orders to an area 35 miles or more from the location of the rental premises, provided such orders are for a period exceeding 60 days; or (f) The servicemember has leased the property, but prior to taking possession of the rental premises, receives a change of orders to an area that is 35 miles or more from the location of the rental premises.

Section 3. Section 197.572, Florida Statutes, is amended to read:

197.572 Easements for conservation purposes, or for public service purposes or for drainage or ingress and egress survive tax sales and deeds.—When any lands are sold for the nonpayment of taxes, or any tax certificate is issued thereon by a governmental unit or agency or pursuant to any tax lien  foreclosure proceeding, the title to the lands shall continue to be subject to any easement for conservation purposes as provided in s. 704.06, for the purpose of preventing the encroachment of military installations as provided in s. 288.980(2), or for telephone, telegraph, pipeline, power transmission, or other public service purpose and shall continue to be subject to any easement for the purposes of drainage or of ingress and egress to and from other land. The easement and the rights of the owner of it shall survive and be enforceable after the execution, delivery, and recording of a tax deed, a master's deed, or a clerk's certificate of title pursuant to foreclosure of a tax deed, tax certificate, or tax lien, to the same extent as though the land had been conveyed by voluntary deed. The easement must be evidenced by written instrument recorded in the office of the clerk of the circuit court in the county where such land is located before the recording of such tax deed or master's deed, or, if not recorded, an easement for a public service purpose must be evidenced by wires, poles, or other visible occupation, an easement for drainage must be evidenced by a waterway, water bed, or other visible occupation, and an easement for the purpose of ingress and egress must be evidenced by a road or other visible occupation to be entitled to the benefit of this section; however, this shall apply only to tax deeds issued after the effective date of this act.

Section 4. Paragraph (d) of subsection (2), paragraphs (a), (c), and (d) of subsection (3), and subsections (4), (5), (6), and (8) of section 288.980, Florida Statutes, are amended to read:

288.980 Military base retention; legislative intent; grants program.— (2) (d) Funds appropriated to this program may be used to address emergent needs relating to mission sustainment, encroachment reduction or prevention, and base retention. All funds appropriated for the purposes of this program are eligible to be used for matching of federal funds. The Florida Defense Support Task Force department shall coordinate and implement this program.

(3)(a) The Florida Defense Support Task Force department is authorized to manage and award grants on a competitive basis from any funds available to it to support activities related to the Florida Defense Reinvestment Grant Program and the Florida Defense Infrastructure Grant Program.

(c) The Florida Defense Support Task Force department shall require that an applicant:

1. Represent a local government with a military installation or military installations that could be adversely affected by federal actions.

2. Agree to match at least 30 percent of any grant awarded.

3. Prepare a coordinated program or plan of action delineating how the eligible project will be administered and accomplished.

4. Provide documentation describing the potential for changes to the mission of a military installation located in the applicant's community and the potential impacts such changes will have on the applicant's community.

(d) In making grant awards the Florida Defense Support Task Force department shall consider, at a minimum, the following factors:

1. The relative value of the particular military installation in terms of its importance to the local and state economy relative to other military installations.

2. The potential job displacement within the local community should the mission of the military installation be changed.

3. The potential impact on industries and technologies which service the military installation.

(4) The Florida Defense Reinvestment Grant Program is established to respond to the need for this state to work in conjunction with defense-dependent communities in developing and implementing strategies and approaches that will help communities support the missions of military installations, and in developing and implementing alternative economic diversification strategies to transition from a defense economy  nondefense economy. Eligible applicants include defense- dependent counties and cities, and local economic development councils located within such communities. The program shall be administered by the Florida Defense Support Task Force department and grant awards may be provided to support community-based activities that:

(a) Protect existing military installations; (b) Diversify the economy of a defense-dependent community; or (c) Develop plans for the reuse of closed or realigned military installations, including any plans necessary for infrastructure improvements needed to facilitate reuse and related marketing activities.

Applications for grants under this subsection must include a coordinated program of work or plan of action delineating how the eligible project will be administered and accomplished, which must include a plan for ensuring close cooperation between civilian and military authorities in the conduct of the funded activities and a plan for public involvement.

(5) The Defense Infrastructure Grant Program is created.

The Florida Defense Support Task Force department shall coordinate and implement this program, the purpose of which is to support local infrastructure projects deemed to have a positive impact on the military value of installations within  the state. Funds are to be used for projects that benefit both the local community and the military installation.

Infrastructure projects to be funded under this program include, but are not limited to, those related to encroachment, transportation and access, utilities, communications, housing, environment, and security. Grant requests will be accepted only from economic development applicants serving in the official capacity of a governing board of a county, municipality, special district, or state agency that will have the authority to maintain the project upon completion. An applicant must represent a community or county in which a military installation is located. There is no limit as to the amount of any grant awarded to an applicant. A match by the county or local community may be required. The program may not be used to fund on-base military construction projects. The department shall enter into a contract with the task force establish guidelines to implement the purpose of this subsection.

(6) The Florida Defense Support Task Force department may award nonfederal matching funds specifically appropriated for construction, maintenance, and analysis of a Florida defense workforce database. Such funds will be used to create a registry of worker skills that can be used to match the worker needs of companies that are relocating to this state or to assist workers in relocating to other areas within this state where similar or related employment is available.

(8) The department shall enter into a contract with the Florida Defense Support Task Force establish guidelines to implement and carry out the purpose and intent of this section.

Section 5. Subsections (6) and (7) of section 288.987, Florida Statutes, are renumbered as subsections (7) and (8), respectively, paragraph (d) of subsection (3) and subsection (5) of that section are amended, and a new subsection (6) is added to that section, to read:

288.987 Florida Defense Support Task Force.— (3) The task force shall be comprised of the Governor or his or her designee, and 12 members appointed as follows:

(d) Appointed members must represent defense-related industries or communities that host military bases and installations. All appointments must be made by August 1, 2011.

Members shall serve for a term of 4 years, with the first term ending July 1, 2015. However, if members of the Legislature are appointed to the task force, those members shall serve until the expiration of their legislative term and may be reappointed once. A vacancy shall be filled for the remainder of the unexpired term in the same manner as the initial appointment.

All members of the council are eligible for reappointment. A member who serves in the Legislature may participate in all task force activities but may only vote on matters that are advisory.

(5) The president of Enterprise Florida, Inc., executive director of the Department of Economic Opportunity, or his or  her designee, shall serve as the ex officio, nonvoting executive director of the task force. Enterprise Florida, Inc., shall serve as the administrative agent of the task force and may serve as the task force's representative; provide staffing, administrative, and logistical support to the task force and its mission; and enter into and execute contracts on behalf of the task force.

(6) The chair of the Florida Defense Alliance as established in s. 288.980(1)(b) shall serve as an ex officio, nonvoting member of the task force and shall advise the task force on issues affecting the defense community.

Section 6. Subsection (3) and paragraph (a) of subsection (5) of section 570.71, Florida Statutes, are amended to read:

570.71 Conservation easements and agreements.— (3) Rural-lands-protection easements shall be a perpetual right or interest in agricultural land which is appropriate to retain such land in predominantly its current state and to prevent the subdivision and conversion of such land into other uses. This right or interest in property shall prohibit only the following:

(a) Construction or placing of buildings, roads, billboards or other advertising, utilities, or structures, except those structures and unpaved roads necessary for the agricultural operations on the land or structures necessary for other activities allowed under the easement, and except for  linear facilities described in s. 704.06(11).; (b) Subdivision of the property.; (c) Dumping or placing of trash, waste, or offensive materials.; and (d) Activities that affect the natural hydrology of the land or that detrimentally affect water conservation, erosion control, soil conservation, or fish or wildlife habitat, except those required for environmental restoration; federal, state, or local government regulatory programs; or best management practices.

(e) Construction of structures or other activities that are incompatible with the mission of a military installation when the land lies within an area identified as a clear zone, accident potential zone, or Military Influence Planning Area 1 or 2 as established in the Joint Land Use Study of such installation.

(5) Agricultural protection agreements shall be for terms of 30 years and will provide payments to landowners having significant natural areas on their land. Public access and public recreational opportunities may be negotiated at the request of the landowner.

(a) For the length of the agreement, the landowner shall agree to prohibit:

1. Construction or placing of buildings, roads, billboards or other advertising, utilities, or structures, except those structures and unpaved roads necessary for the agricultural operations on the land or structures necessary for other activities allowed under the easement, and except for linear facilities described in s. 704.06(11).; 2. Subdivision of the property.; 3. Dumping or placing of trash, waste, or offensive materials.; and 4. Activities that affect the natural hydrology of the land, or that detrimentally affect water conservation, erosion control, soil conservation, or fish or wildlife habitat.

5. Construction of structures or other activities that are incompatible with the mission of a military installation when the land lies within an area identified as a clear zone, accident potential zone, or Military Influence Planning Area 1 or 2 as established in the Joint Land Use Study of such installation.

Section 7. This act shall take effect July 1, 2018.
                

In an effort to be an unbiased source of information, all text in this summary comes directly from government resources.

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  • Filed

    Tue, Nov 21st 2017