1

The Committee on Environmental Preservation and Conservation

2

(Dockery) recommended the following amendment to amendment

3

(223658):

4

5

     Senate Amendment (with title amendment)

6

     Between line(s) 127-128,

7

insert:

8

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

9

Statutes, is amended to read:

10

     163.04  Energy devices based on renewable resources.--

11

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

12

binding agreement may not No deed restrictions, covenants, or

13

similar binding agreements running with the land shall prohibit

14

or have the effect of prohibiting solar collectors, clotheslines,

15

or other energy devices based on renewable resources from being

16

installed on buildings erected on the lots or parcels covered by

17

the deed restriction, covenant, declaration, or binding agreement

18

restrictions, covenants, or binding agreements. A property owner

19

may not be denied permission to install solar collectors or other

20

energy devices based on renewable resources by any entity granted

21

the power or right in any deed restriction, covenant,

22

declaration, or similar binding agreement to approve, forbid,

23

control, or direct alteration of property with respect to

24

residential dwellings including condominiums. not exceeding three

25

stories in height. For purposes of this subsection, Such entity

26

may determine the specific location where solar collectors may be

27

installed on the roof within an orientation to the south or

28

within 45° east or west of due south if provided that such

29

determination does not impair the effective operation of the

30

solar collectors.

31

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

32

of section 163.3177, Florida Statutes, are amended to read:

33

     163.3177  Required and optional elements of comprehensive

34

plan; studies and surveys.--

35

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

36

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

37

elements:

38

     (a)  A future land use plan element designating proposed

39

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

40

land for residential uses, commercial uses, industry,

41

agriculture, recreation, conservation, education, public

42

buildings and grounds, other public facilities, and other

43

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

44

encouraged to designate rural land stewardship areas, pursuant to

45

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

46

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

47

terms of uses included, and must include standards for to be

48

followed in the control and distribution of population densities

49

and building and structure intensities. The proposed

50

distribution, location, and extent of the various categories of

51

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

52

shall be supplemented by goals, policies, and measurable

53

objectives. The future land use plan shall be based upon surveys,

54

studies, and data regarding the area, including the amount of

55

land required to accommodate anticipated growth; the projected

56

population of the area; the character of undeveloped land; the

57

availability of water supplies, public facilities, and services;

58

the need for redevelopment, including the renewal of blighted

59

areas and the elimination of nonconforming uses which are

60

inconsistent with the character of the community; the

61

compatibility of uses on lands adjacent to or closely proximate

62

to military installations; the discouragement of urban sprawl;

63

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

64

the need for job creation, capital investment, and economic

65

development that will strengthen and diversify the community's

66

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

67

planned development use involving combinations of types of uses

68

for which special regulations may be necessary to ensure

69

development in accord with the principles and standards of the

70

comprehensive plan and this act. The future land use plan element

71

shall include criteria to be used to achieve the compatibility of

72

adjacent or closely proximate lands with military installations.

73

In addition, for rural communities, the amount of land designated

74

for future planned industrial use shall be based upon surveys and

75

studies that reflect the need for job creation, capital

76

investment, and the necessity to strengthen and diversify the

77

local economies, and may shall not be limited solely by the

78

projected population of the rural community. The future land use

79

plan of a county may also designate areas for possible future

80

municipal incorporation. The land use maps or map series shall

81

generally identify and depict historic district boundaries and

82

shall designate historically significant properties meriting

83

protection. For coastal counties, the future land use element

84

must include, without limitation, regulatory incentives and

85

criteria that encourage the preservation of recreational and

86

commercial working waterfronts as defined in s. 342.07. The

87

future land use element must clearly identify the land use

88

categories in which public schools are an allowable use. When

89

delineating the land use categories in which public schools are

90

an allowable use, a local government shall include in the

91

categories sufficient land proximate to residential development

92

to meet the projected needs for schools in coordination with

93

public school boards and may establish differing criteria for

94

schools of different type or size. Each local government shall

95

include lands contiguous to existing school sites, to the maximum

96

extent possible, within the land use categories in which public

97

schools are an allowable use. The failure by a local government

98

to comply with these school siting requirements will result in

99

the prohibition of the local government's ability to amend the

100

local comprehensive plan, except for plan amendments described in

101

s. 163.3187(1)(b), until the school siting requirements are met.

102

Amendments proposed by a local government for purposes of

103

identifying the land use categories in which public schools are

104

an allowable use are exempt from the limitation on the frequency

105

of plan amendments provided contained in s. 163.3187. The future

106

land use element shall include criteria that encourage the

107

location of schools proximate to urban residential areas to the

108

extent possible and shall require that the local government seek

109

to collocate public facilities, such as parks, libraries, and

110

community centers, with schools to the extent possible and to

111

encourage the use of elementary schools as focal points for

112

neighborhoods. For schools serving predominantly rural counties,

113

defined as a county with a population of 100,000 or fewer, an

114

agricultural land use category is shall be eligible for the

115

location of public school facilities if the local comprehensive

116

plan contains school siting criteria and the location is

117

consistent with such criteria. Local governments required to

118

update or amend their comprehensive plan to include criteria and

119

address compatibility of adjacent or closely proximate lands with

120

existing military installations in their future land use plan

121

element shall transmit the update or amendment to the department

122

by June 30, 2006.

123

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

124

locations, and extent of existing and proposed major

125

thoroughfares and transportation routes, including bicycle and

126

pedestrian ways. Transportation corridors, as defined in s.

127

334.03, may be designated in the traffic circulation element

128

pursuant to s. 337.273. If the transportation corridors are

129

designated, the local government may adopt a transportation

130

corridor management ordinance. The traffic circulation element

131

shall incorporate transportation strategies to address reduction

132

in greenhouse gas emissions from the transportation sector.

133

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

134

area designated for purposes of s. 339.175, a transportation

135

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

136

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

137

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

138

     1.  Traffic circulation, including major thoroughfares and

139

other routes, including bicycle and pedestrian ways.

140

     2.  All alternative modes of travel, such as public

141

transportation, pedestrian, and bicycle travel.

142

     3.  Parking facilities.

143

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

144

facilities, and intermodal terminals.

145

     5.  The availability of facilities and services to serve

146

existing land uses and the compatibility between future land use

147

and transportation elements.

148

     6. The capability to evacuate the coastal population before

149

prior to an impending natural disaster.

150

     7.  Airports, projected airport and aviation development,

151

and land use compatibility around airports.

152

     8.  An identification of land use densities, building

153

intensities, and transportation management programs to promote

154

public transportation systems in designated public transportation

155

corridors so as to encourage population densities sufficient to

156

support such systems.

157

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

158

334.03, intended for future transportation facilities designated

159

pursuant to s. 337.273. If transportation corridors are

160

designated, the local government may adopt a transportation

161

corridor management ordinance.

162

     10. The incorporation of transportation strategies to

163

address reduction in greenhouse gas emissions from the

164

transportation sector.

165

166

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

167

And the title is amended as follows:

168

     On line(s) 2174, after the first semicolon,

169

insert:

170

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

171

restrictions on the use of energy devices based on

172

renewable resources; amending s. 163.3177, F.S.; revising

173

requirements for the future land use element of a local

174

comprehensive plan to include energy-efficient land use

175

patterns; requiring that the traffic-circulation element

176

of incorporate transportation strategies to reduce

177

greenhouse gas emissions; requiring each unit of local

178

government within an urbanized area to amend the

179

transportation element to incorporate transportation

180

strategies addressing reduction in greenhouse gas

181

emissions;

3/19/2008  11:07:00 AM     15-05308-08