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The Committee on Environmental Preservation and Conservation

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Saunders recommended the following amendment to amendment

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(866008):

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     Senate Amendment (with title amendment)

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     Between lines 127 and 128

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insert:

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     Section 2.  Subsection (2) of section 163.04, Florida

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Statutes, is amended to read:

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     163.04  Energy devices based on renewable resources.--

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     (2) A deed restriction, covenant, declaration, or similar

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binding agreement may not No deed restrictions, covenants, or

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similar binding agreements running with the land shall prohibit

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or have the effect of prohibiting solar collectors,

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clotheslines, or other energy devices based on renewable

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resources from being installed on buildings erected on the lots

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or parcels covered by the deed restriction, covenant,

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declaration, or binding agreement restrictions, covenants, or

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binding agreements. A property owner may not be denied

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permission to install solar collectors or other energy devices

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based on renewable resources by any entity granted the power or

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right in any deed restriction, covenant, declaration, or similar

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binding agreement to approve, forbid, control, or direct

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alteration of property with respect to residential dwellings

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including condominiums not exceeding three stories in height.

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For purposes of this subsection, Such entity may determine the

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specific location where solar collectors may be installed on the

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roof within an orientation to the south or within 45° east or

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west of due south if provided that such determination does not

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impair the effective operation of the solar collectors. Solar

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collectors may be installed on a condominium roof that is

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considered a common element of the condominium association.

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     Section 3.  Paragraphs (a), (b), and (j) of subsection (6)

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of section 163.3177, Florida Statutes, are amended, and

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subsection (l) is added to that subsection, to read:

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     163.3177  Required and optional elements of comprehensive

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plan; studies and surveys.--

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     (6)  In addition to the requirements of subsections (1)-(5)

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and (12), the comprehensive plan shall include the following

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elements:

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     (a)  A future land use plan element designating proposed

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future general distribution, location, and extent of the uses of

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land for residential uses, commercial uses, industry,

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agriculture, recreation, conservation, education, public

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buildings and grounds, other public facilities, and other

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categories of the public and private uses of land. Counties are

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encouraged to designate rural land stewardship areas, pursuant

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to the provisions of paragraph (11)(d), as overlays on the

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future land use map. Each future land use category must be

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defined in terms of uses included, and must include standards to

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be followed in the control and distribution of population

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densities and building and structure intensities. The proposed

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distribution, location, and extent of the various categories of

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land use shall be shown on a land use map or map series which

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shall be supplemented by goals, policies, and measurable

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objectives. The future land use plan shall be based upon

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surveys, studies, and data regarding the area, including the

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amount of land required to accommodate anticipated growth; the

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projected population of the area; the character of undeveloped

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land; the availability of water supplies, public facilities, and

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services; the need for redevelopment, including the renewal of

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blighted areas and the elimination of nonconforming uses which

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are inconsistent with the character of the community; the

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compatibility of uses on lands adjacent to or closely proximate

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to military installations; the discouragement of urban sprawl;

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energy-efficient land use patterns; and, in rural communities,

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the need for job creation, capital investment, and economic

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development that will strengthen and diversify the community's

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economy. The future land use plan may designate areas for future

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planned development use involving combinations of types of uses

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for which special regulations may be necessary to ensure

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development in accord with the principles and standards of the

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comprehensive plan and this act. The future land use plan

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element shall include criteria to be used to achieve the

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compatibility of adjacent or closely proximate lands with

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military installations. In addition, for rural communities, the

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amount of land designated for future planned industrial use

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shall be based upon surveys and studies that reflect the need

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for job creation, capital investment, and the necessity to

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strengthen and diversify the local economies, and shall not be

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limited solely by the projected population of the rural

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community. The future land use plan of a county may also

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designate areas for possible future municipal incorporation. The

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land use maps or map series shall generally identify and depict

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historic district boundaries and shall designate historically

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significant properties meriting protection. For coastal

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counties, the future land use element must include, without

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limitation, regulatory incentives and criteria that encourage

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the preservation of recreational and commercial working

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waterfronts as defined in s. 342.07. The future land use element

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must clearly identify the land use categories in which public

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schools are an allowable use. When delineating the land use

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categories in which public schools are an allowable use, a local

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government shall include in the categories sufficient land

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proximate to residential development to meet the projected needs

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for schools in coordination with public school boards and may

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establish differing criteria for schools of different type or

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size. Each local government shall include lands contiguous to

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existing school sites, to the maximum extent possible, within

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the land use categories in which public schools are an allowable

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use. The failure by a local government to comply with these

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school siting requirements will result in the prohibition of the

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local government's ability to amend the local comprehensive

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plan, except for plan amendments described in s. 163.3187(1)(b),

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until the school siting requirements are met. Amendments

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proposed by a local government for purposes of identifying the

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land use categories in which public schools are an allowable use

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are exempt from the limitation on the frequency of plan

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amendments contained in s. 163.3187. The future land use element

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shall include criteria that encourage the location of schools

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proximate to urban residential areas to the extent possible and

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shall require that the local government seek to collocate public

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facilities, such as parks, libraries, and community centers,

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with schools to the extent possible and to encourage the use of

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elementary schools as focal points for neighborhoods. For

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schools serving predominantly rural counties, defined as a

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county with a population of 100,000 or fewer, an agricultural

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land use category shall be eligible for the location of public

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school facilities if the local comprehensive plan contains

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school siting criteria and the location is consistent with such

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criteria. Local governments required to update or amend their

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comprehensive plan to include criteria and address compatibility

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of adjacent or closely proximate lands with existing military

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installations in their future land use plan element shall

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transmit the update or amendment to the department by June 30,

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2006.

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     (b)  A traffic circulation element consisting of the types,

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locations, and extent of existing and proposed major

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thoroughfares and transportation routes, including bicycle and

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pedestrian ways. Transportation corridors, as defined in s.

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334.03, may be designated in the traffic circulation element

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pursuant to s. 337.273. If the transportation corridors are

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designated, the local government may adopt a transportation

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corridor management ordinance. The traffic circulation element

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shall incorporate transportation strategies to address reduction

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in greenhouse gas emissions from the transportation sector.

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     (j)  For each unit of local government within an urbanized

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area designated for purposes of s. 339.175, a transportation

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element, which shall be prepared and adopted in lieu of the

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requirements of paragraph (b) and paragraphs (7)(a), (b), (c),

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and (d) and which shall address the following issues:

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     1.  Traffic circulation, including major thoroughfares and

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other routes, including bicycle and pedestrian ways.

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     2.  All alternative modes of travel, such as public

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transportation, pedestrian, and bicycle travel.

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     3.  Parking facilities.

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     4.  Aviation, rail, seaport facilities, access to those

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facilities, and intermodal terminals.

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     5.  The availability of facilities and services to serve

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existing land uses and the compatibility between future land use

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and transportation elements.

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     6.  The capability to evacuate the coastal population prior

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to an impending natural disaster.

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     7.  Airports, projected airport and aviation development,

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and land use compatibility around airports.

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     8.  An identification of land use densities, building

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intensities, and transportation management programs to promote

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public transportation systems in designated public

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transportation corridors so as to encourage population densities

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sufficient to support such systems.

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     9.  May include transportation corridors, as defined in s.

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334.03, intended for future transportation facilities designated

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pursuant to s. 337.273. If transportation corridors are

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designated, the local government may adopt a transportation

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corridor management ordinance.

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     10. The incorporation of transportation strategies to

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address reduction in greenhouse gas emissions from the

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transportation sector.

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     (l) On or before January 1, 2011, an energy element

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consisting of existing and future electric power generation and

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transmission systems. Additionally, the energy element must

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address efforts to encourage the following:

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     1. Energy conservation;

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     2. Energy efficiency;

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     3. Use of renewable energy resources; and

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     4. Greenhouse-gas-reduction strategies.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 1986, after the semicolon,

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insert:

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amending s. 163.04, F.S.; revising provisions authorizing

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the use of solar collectors and other energy devices;

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providing for the installation of solar collectors on

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certain condominium roofs; amending s. 163.3177, F.S.;

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revising requirements for the future land use element of a

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local comprehensive plan to include energy-efficient land

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use patterns; requiring that the traffic-circulation

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element of a local comprehensive plan incorporate

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transportation strategies to reduce greenhouse gas

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emissions; requiring that each unit of local government

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within an urbanized area amend the transportation element

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of a local comprehensive plan to incorporate

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transportation strategies addressing reduction in

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greenhouse gas emissions; requiring that local governments

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adopt an energy element on or before a specified date as

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part of a local comprehensive plan;

3/12/2008  3:08:00 PM     592-04869-08