Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. SB 1544
527310
Senate
Comm: TP
3/13/2008
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House
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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
CODING: Words stricken are deletions; words underlined are additions.