Bill Text: FL S1864 | 2018 | Regular Session | Introduced


Bill Title: Military Affairs

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2018-03-10 - Died in Military and Veterans Affairs, Space, and Domestic Security [S1864 Detail]

Download: Florida-2018-S1864-Introduced.html
       Florida Senate - 2018                                    SB 1864
       
       
        
       By Senator Broxson
       
       
       
       
       
       1-01182-18                                            20181864__
    1                        A bill to be entitled                      
    2         An act relating to military affairs; amending s.
    3         83.49, F.S.; prohibiting a landlord from requiring a
    4         prospective tenant who is a servicemember to deposit
    5         or advance more than a certain amount of funds;
    6         amending s. 83.682, F.S.; providing an additional
    7         circumstance under which a servicemember may terminate
    8         a rental agreement; amending s. 197.572, F.S.;
    9         providing that the title to certain lands remains
   10         subject to an easement to prevent encroachment of
   11         military installations after a tax sale or the
   12         issuance of a tax certificate in foreclosure
   13         proceedings; amending s. 288.980, F.S.; requiring the
   14         Florida Defense Support Task Force, rather than the
   15         Department of Economic Opportunity, to administer
   16         specified programs relating to military base
   17         retention; amending s. 288.987, F.S.; removing
   18         obsolete language; providing that the president of
   19         Enterprise Florida, Inc., is the executive director of
   20         the Florida Defense Support Task Force; providing that
   21         the chair of the Florida Defense Alliance is an ex
   22         officio member of the task force; providing duties of
   23         Enterprise Florida, Inc., in connection with the task
   24         force; amending s. 295.187, F.S.; authorizing a state
   25         agency to set aside a certain amount of funds
   26         allocated for the procurement of personal property and
   27         services for contracts with certified veteran business
   28         enterprises; amending s. 570.71, F.S.; prohibiting
   29         certain construction or activities that are
   30         incompatible with the mission of a military
   31         installation on certain land under a rural-lands
   32         protection easement; providing an effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Subsection (10) is added to section 83.49,
   37  Florida Statutes, to read:
   38         83.49 Deposit money or advance rent; duty of landlord and
   39  tenant.—
   40         (10)If the tenant is a servicemember, a landlord may not
   41  require payment of a security deposit or advance rent that
   42  exceeds, in the aggregate, the total sum of rent that would be
   43  due in a 60-day period under the rental agreement.
   44         Section 2. Subsection (1) of section 83.682, Florida
   45  Statutes, is amended to read:
   46         83.682 Termination of rental agreement by a servicemember.—
   47         (1) Any servicemember may terminate his or her rental
   48  agreement by providing the landlord with a written notice of
   49  termination to be effective on the date stated in the notice
   50  that is at least 30 days after the landlord’s receipt of the
   51  notice if any of the following criteria are met:
   52         (a) The servicemember is required, pursuant to a permanent
   53  change of station orders, to move 35 miles or more from the
   54  location of the rental premises;
   55         (b) The servicemember is prematurely or involuntarily
   56  discharged or released from active duty or state active duty;
   57         (c) The servicemember is released from active duty or state
   58  active duty after having leased the rental premises while on
   59  active duty or state active duty status and the rental premises
   60  is 35 miles or more from the servicemember’s home of record
   61  prior to entering active duty or state active duty;
   62         (d) After entering into a rental agreement, the
   63  servicemember receives military orders requiring him or her to
   64  move into government quarters or the servicemember becomes
   65  eligible to live in and opts to move into government quarters or
   66  privatized military housing;
   67         (e) The servicemember receives temporary duty orders,
   68  temporary change of station orders, or state active duty orders
   69  to an area 35 miles or more from the location of the rental
   70  premises, provided such orders are for a period exceeding 60
   71  days; or
   72         (f) The servicemember has leased the property, but prior to
   73  taking possession of the rental premises, receives a change of
   74  orders to an area that is 35 miles or more from the location of
   75  the rental premises.
   76         Section 3. Section 197.572, Florida Statutes, is amended to
   77  read:
   78         197.572 Easements for conservation purposes, prevention of
   79  encroachment of military installations, or for public service
   80  purposes or for drainage or ingress and egress survive tax sales
   81  and deeds.—When any lands are sold for the nonpayment of taxes,
   82  or any tax certificate is issued thereon by a governmental unit
   83  or agency or pursuant to any tax lien foreclosure proceeding,
   84  the title to the lands shall continue to be subject to any
   85  easement for conservation purposes as provided in s. 704.06, for
   86  the purpose of preventing the encroachment of military
   87  installations as provided in s. 288.980(2), or for telephone,
   88  telegraph, pipeline, power transmission, or other public service
   89  purpose and shall continue to be subject to any easement for the
   90  purposes of drainage or of ingress and egress to and from other
   91  land. The easement and the rights of the owner of it shall
   92  survive and be enforceable after the execution, delivery, and
   93  recording of a tax deed, a master’s deed, or a clerk’s
   94  certificate of title pursuant to foreclosure of a tax deed, tax
   95  certificate, or tax lien, to the same extent as though the land
   96  had been conveyed by voluntary deed. The easement must be
   97  evidenced by written instrument recorded in the office of the
   98  clerk of the circuit court in the county where such land is
   99  located before the recording of such tax deed or master’s deed,
  100  or, if not recorded, an easement for a public service purpose
  101  must be evidenced by wires, poles, or other visible occupation,
  102  an easement for drainage must be evidenced by a waterway, water
  103  bed, or other visible occupation, and an easement for the
  104  purpose of ingress and egress must be evidenced by a road or
  105  other visible occupation to be entitled to the benefit of this
  106  section; however, this shall apply only to tax deeds issued
  107  after the effective date of this act.
  108         Section 4. Paragraph (d) of subsection (2), paragraphs (a),
  109  (c), and (d) of subsection (3), and subsections (4), (5), (6),
  110  and (8) of section 288.980, Florida Statutes, are amended to
  111  read:
  112         288.980 Military base retention; legislative intent; grants
  113  program.—
  114         (2)
  115         (d) Funds appropriated to the Military Base Protection
  116  Program this program may be used to address emergent needs
  117  relating to mission sustainment, encroachment reduction or
  118  prevention, and base retention. All funds appropriated for the
  119  purposes of the this program are eligible to be used for
  120  matching of federal funds. The Florida Defense Support Task
  121  Force department shall coordinate and implement the this
  122  program.
  123         (3)(a) The Florida Defense Support Task Force department is
  124  authorized to manage and award grants on a competitive basis
  125  from any funds available to it to support activities related to
  126  the Florida Defense Reinvestment Grant Program and the Florida
  127  Defense Infrastructure Grant Program.
  128         (c) The Florida Defense Support Task Force department shall
  129  require that an applicant:
  130         1. Represent a local government with a military
  131  installation or military installations that could be adversely
  132  affected by federal actions.
  133         2. Agree to match at least 30 percent of any grant awarded.
  134         3. Prepare a coordinated program or plan of action
  135  delineating how the eligible project will be administered and
  136  accomplished.
  137         4. Provide documentation describing the potential for
  138  changes to the mission of a military installation located in the
  139  applicant’s community and the potential impacts such changes
  140  will have on the applicant’s community.
  141         (d) In making grant awards the Florida Defense Support Task
  142  Force department shall consider, at a minimum, the following
  143  factors:
  144         1. The relative value of the particular military
  145  installation in terms of its importance to the local and state
  146  economy relative to other military installations.
  147         2. The potential job displacement within the local
  148  community should the mission of the military installation be
  149  changed.
  150         3. The potential impact on industries and technologies
  151  which service the military installation.
  152         (4) The Florida Defense Reinvestment Grant Program is
  153  established to respond to the need for this state to work in
  154  conjunction with defense-dependent communities in developing and
  155  implementing strategies and approaches that will help
  156  communities support the missions of military installations, and
  157  in developing and implementing alternative economic
  158  diversification strategies to transition from a defense economy
  159  to a nondefense economy. Eligible applicants include defense
  160  dependent counties and cities, and local economic development
  161  councils located within such communities. The program shall be
  162  administered by the Florida Defense Support Task Force
  163  department and grant awards may be provided to support
  164  community-based activities that:
  165         (a) Protect existing military installations;
  166         (b) Diversify the economy of a defense-dependent community;
  167  or
  168         (c) Develop plans for the reuse of closed or realigned
  169  military installations, including any plans necessary for
  170  infrastructure improvements needed to facilitate reuse and
  171  related marketing activities.
  172  
  173  Applications for grants under this subsection must include a
  174  coordinated program of work or plan of action delineating how
  175  the eligible project will be administered and accomplished,
  176  which must include a plan for ensuring close cooperation between
  177  civilian and military authorities in the conduct of the funded
  178  activities and a plan for public involvement.
  179         (5) The Defense Infrastructure Grant Program is created.
  180  The Florida Defense Support Task Force department shall
  181  coordinate and implement this program, the purpose of which is
  182  to support local infrastructure projects deemed to have a
  183  positive impact on the military value of installations within
  184  the state. Funds are to be used for projects that benefit both
  185  the local community and the military installation.
  186  Infrastructure projects to be funded under this program include,
  187  but are not limited to, those related to encroachment,
  188  transportation and access, utilities, communications, housing,
  189  environment, and security. Grant requests will be accepted only
  190  from economic development applicants serving in the official
  191  capacity of a governing board of a county, municipality, special
  192  district, or state agency that will have the authority to
  193  maintain the project upon completion. An applicant must
  194  represent a community or county in which a military installation
  195  is located. There is no limit as to the amount of any grant
  196  awarded to an applicant. A match by the county or local
  197  community may be required. The program may not be used to fund
  198  on-base military construction projects. The department shall
  199  enter into a contract with the task force establish guidelines
  200  to implement the purpose of this subsection.
  201         (6) The Florida Defense Support Task Force department may
  202  award nonfederal matching funds specifically appropriated for
  203  construction, maintenance, and analysis of a Florida defense
  204  workforce database. Such funds will be used to create a registry
  205  of worker skills that can be used to match the worker needs of
  206  companies that are relocating to this state or to assist workers
  207  in relocating to other areas within this state where similar or
  208  related employment is available.
  209         (8) The department shall enter into a contract with the
  210  Florida Defense Support Task Force establish guidelines to
  211  implement and carry out the purpose and intent of this section.
  212         Section 5. Present subsections (6) and (7) of section
  213  288.987, Florida Statutes, are renumbered as subsections (7) and
  214  (8), respectively, paragraph (d) of subsection (3) and
  215  subsection (5) of that section are amended, and a new subsection
  216  (6) is added to that section, to read:
  217         288.987 Florida Defense Support Task Force.—
  218         (3) The task force shall be comprised of the Governor or
  219  his or her designee, and 12 members appointed as follows:
  220         (d) Appointed members must represent defense-related
  221  industries or communities that host military bases and
  222  installations. All appointments must be made by August 1, 2011.
  223  Members shall serve for a term of 4 years, with the first term
  224  ending July 1, 2015. However, if members of the Legislature are
  225  appointed to the task force, those members shall serve until the
  226  expiration of their legislative term and may be reappointed
  227  once. A vacancy shall be filled for the remainder of the
  228  unexpired term in the same manner as the initial appointment.
  229  All members of the council are eligible for reappointment. A
  230  member who serves in the Legislature may participate in all task
  231  force activities but may only vote on matters that are advisory.
  232         (5) The president of Enterprise Florida, Inc., executive
  233  director of the Department of Economic Opportunity, or his or
  234  her designee, shall serve as the ex officio, nonvoting executive
  235  director of the task force. Enterprise Florida, Inc., shall
  236  serve as the administrative agent of the task force and may
  237  serve as the task force’s representative; provide staffing,
  238  administrative, and logistical support to the task force and its
  239  mission; and enter into and execute contracts on behalf of the
  240  task force.
  241         (6)The chair of the Florida Defense Alliance as
  242  established in s. 288.980(1)(b) shall serve as an ex officio,
  243  nonvoting member of the task force and shall advise the task
  244  force on issues affecting the defense community.
  245         Section 6. Present paragraph (c) of subsection (4) of
  246  section 295.187, Florida Statutes, is redesignated as paragraph
  247  (d), and a new paragraph (c) is added to that subsection, to
  248  read:
  249         295.187 Florida Veteran Business Enterprise Opportunity
  250  Act.—
  251         (4) VENDOR PREFERENCE.—
  252         (c) A state agency may set aside up to 10 percent of the
  253  total funds allocated for the procurement of personal property
  254  and services for the purpose of entering into contracts with
  255  certified veteran business enterprises. Such contracts must be
  256  competitively solicited among only certified veteran business
  257  enterprises.
  258         Section 7. Subsection (3) and paragraph (a) of subsection
  259  (5) of section 570.71, Florida Statutes, are amended to read:
  260         570.71 Conservation easements and agreements.—
  261         (3) Rural-lands-protection easements shall be a perpetual
  262  right or interest in agricultural land which is appropriate to
  263  retain such land in predominantly its current state and to
  264  prevent the subdivision and conversion of such land into other
  265  uses. This right or interest in property shall prohibit only the
  266  following:
  267         (a) Construction or placing of buildings, roads, billboards
  268  or other advertising, utilities, or structures, except those
  269  structures and unpaved roads necessary for the agricultural
  270  operations on the land or structures necessary for other
  271  activities allowed under the easement, and except for linear
  272  facilities described in s. 704.06(11).;
  273         (b) Subdivision of the property.;
  274         (c) Dumping or placing of trash, waste, or offensive
  275  materials.; and
  276         (d) Activities that affect the natural hydrology of the
  277  land or that detrimentally affect water conservation, erosion
  278  control, soil conservation, or fish or wildlife habitat, except
  279  those required for environmental restoration; federal, state, or
  280  local government regulatory programs; or best management
  281  practices.
  282         (e)Construction of structures or other activities that are
  283  incompatible with the mission of a military installation, when
  284  the land lies within an area identified as a clear zone or an
  285  accident potential zone or within Military Influence Planning
  286  Area 1 or 2 as established in the Joint Land Use Study of such
  287  installation.
  288         (5) Agricultural protection agreements shall be for terms
  289  of 30 years and will provide payments to landowners having
  290  significant natural areas on their land. Public access and
  291  public recreational opportunities may be negotiated at the
  292  request of the landowner.
  293         (a) For the length of the agreement, the landowner shall
  294  agree to prohibit all of the following:
  295         1. Construction or placing of buildings, roads, billboards
  296  or other advertising, utilities, or structures, except those
  297  structures and unpaved roads necessary for the agricultural
  298  operations on the land or structures necessary for other
  299  activities allowed under the easement, and except for linear
  300  facilities described in s. 704.06(11).;
  301         2. Subdivision of the property.;
  302         3. Dumping or placing of trash, waste, or offensive
  303  materials.; and
  304         4. Activities that affect the natural hydrology of the
  305  land, or that detrimentally affect water conservation, erosion
  306  control, soil conservation, or fish or wildlife habitat.
  307         5.Construction of structures or other activities that are
  308  incompatible with the mission of a military installation, when
  309  the land lies within an area identified as a clear zone or an
  310  accident potential zone or within Military Influence Planning
  311  Area 1 or 2 as established in the Joint Land Use Study of such
  312  installation.
  313         Section 8. This act shall take effect July 1, 2018.

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