Senate Bill sb1214e1

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  1                      A bill to be entitled

  2         An act relating to the Wekiva Parkway and

  3         Protection Act; creating part III of ch. 369,

  4         F.S., consisting of ss. 369.314, 369.315,

  5         369.316, 369.317, 369.318, 369.319, 369.320,

  6         369.321, 369.322, 369.323, and 369.324, F.S.;

  7         providing legislative intent; providing a legal

  8         description of the Wekiva Study Area; defining

  9         the Wekiva Parkway; providing guiding

10         principles for the Wekiva Parkway Design

11         Features and Construction; limiting the number

12         of interchanges along the Wekiva Parkway;

13         granting the Department of Transportation

14         certain eminent domain authority for the Wekiva

15         Parkway construction; requiring that certain

16         entities locate the precise corridor and

17         interchanges for the Wekiva Parkway in Seminole

18         County consistent with this act; providing that

19         the Orlando-Orange County Expressway Authority

20         is granted authority to act as a third-party

21         acquisition agent on behalf of the Board of

22         Trustees of the Internal Improvement Trust Fund

23         or the St. Johns River Water Management

24         District; providing that certain properties

25         shall be acquired prior to the completion of

26         the parkway; requiring certain entities and

27         agencies to cooperate and establish funding

28         responsibilities and partnerships; requiring

29         certain studies by the Department of

30         Environmental Protection, the Department of

31         Health, the St. Johns River Water Management


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 1         District, and the Department of Agriculture and

 2         Consumer Services; providing for a master

 3         stormwater plan; providing for a wastewater

 4         facility plan; requiring certain local

 5         government comprehensive plan amendments;

 6         providing for the coordination of land use and

 7         water supply with the Wekiva Study Area;

 8         providing that comprehensive plans and

 9         comprehensive plan amendments be reviewed for

10         compliance by the Department of Community

11         Affairs; creating the Wekiva River Basin

12         Commission; amending s. 163.3184, F.S.;

13         amending the definition of "compliance";

14         providing an effective date.

15  

16         WHEREAS, the Wekiva River System and its associated

17  springshed areas are of irreplaceable value to the quality of

18  life and well-being of the people of the State of Florida, and

19         WHEREAS, protection of the surface and groundwater

20  resources, including recharge within the springshed that

21  provides for the Wekiva River System, is crucial to the

22  long-term viability of the Wekiva River and springs and the

23  central Florida Region's water supply, and

24         WHEREAS, construction of the Wekiva Parkway and other

25  roadway improvements to the west of the Wekiva River System

26  will add to the pressures for growth and development already

27  affecting the surface and groundwater resources within the

28  recharge area, NOW, THEREFORE,

29  

30  Be It Enacted by the Legislature of the State of Florida:

31  


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 1         Section 1.  Part III of chapter 369, Florida Statutes,

 2  consisting of sections 369.314, 369.315, 369.316, 369.317,

 3  369.318, 369,319, 369.320, 369.321, 369.322, 369.323, and

 4  369.324, is created to read:

 5                             PART III

 6                Wekiva Parkway and Protection Act.

 7         369.314  Short title.--This act may be cited as the

 8  "Wekiva Parkway Protection Act."

 9         369.315  Intent.--

10         (1)  The Legislature finds that, in general, Florida

11  springs whether found in urban or rural settings, public

12  parks, or private lands, are threatened by actual and

13  potential flow reductions and declining water quality. As a

14  result of climate patterns and population changes, over the

15  past 30 years, many of Florida's springs have begun to exhibit

16  signals of distress, including increasing nutrient loading and

17  lowered water flow. The groundwater that feeds springs is

18  recharged by seepage from the surface and through direct

19  conduits such as sinkholes.

20         (2)  The Legislature further finds that springs and

21  groundwater once damaged by overuse can be restored through

22  good stewardship, including effective planning strategies and

23  best management practices to preserve and protect the spring

24  and its springshed. Prudent land use planning decisions can

25  protect and improve quality and quantity, as well as upland

26  resources of a springshed. Managing land use types and their

27  allowable densities and intensities of development, followed

28  by specific site planning to further minimize impacts, rank as

29  an important goal.

30         (3)  It is the intent of the Legislature that the

31  recommendations of the Wekiva River Basin Coordinating


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 1  Committee as stated in its final report dated March 16, 2004,

 2  be taken and implemented as a whole to achieve the objective

 3  of improving and assuring protection of surface water and

 4  groundwater resources. Coordination of comprehensive plans and

 5  the Regional Water Supply Plan is important for protection of

 6  water resources and to promote the continuity of effective

 7  planning and development.

 8         (4)  It is not the intent of the Legislature to place

 9  an undue burden on local governments within the Wekiva Study

10  Area. Any required Wekiva Study Area comprehensive plan

11  amendments may be adopted in conjunction with other amendments

12  not required by this part.

13         369.316  Wekiva Study Area.--The Wekiva Study Area is

14  defined to include the following land: Begin at the northwest

15  corner of Section 6, Township 18 South, Range 28 East, Lake

16  County, Florida, said corner lying on the north line of

17  Township 18 South; thence Easterly along said north line of

18  Township 18 South to the northeast corner of Section 5,

19  Township 18 South, Range 29 East; thence Southerly along the

20  east line of said Section 5 to the northeast corner of Section

21  8, Township 18 South, Range 29 East; thence Southerly along

22  the east line of said Section 8 to the northeast corner of

23  Section 17, Township 18 South, Range 29 East; thence Southerly

24  along the east line of said Section 17 to the northeast corner

25  of Section 20, Township 18 South, Range 29 East; thence

26  Southerly along the east line of said Section 20 to the

27  northeast corner of Section 29, Township 18 South, Range 29

28  East; thence Southerly along the east line of said Section 29

29  to the northeast corner of Section 32, Township 18 South,

30  Range 29 East; thence Southerly along the east line of said

31  Section 32 to the southeast corner thereof, said corner lying


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 1  on the south line of Township 18 South; thence Easterly along

 2  the south line of said Township 18 South to an intersection

 3  with the east line of Range 29 East; thence Southerly along

 4  the east line of said Range 29 East to the southeast corner of

 5  Section 24, Township 21 South, Range 29 East; thence Westerly

 6  along the south line of said Section 24 to the southeast

 7  corner of Section 23, Township 21 South, Range 29 East; thence

 8  Westerly along the south line of said Section 23, to an

 9  intersection with the centerline of Interstate Highway No. 4;

10  thence generally Southerly along the centerline of Interstate

11  Highway No. 4 to an intersection with the south line of

12  Section 13, Township 22 South, Range 29 East; thence Westerly

13  along the south line of said Section 13 to the southeast

14  corner of Section 14, Township 22 South, Range 29 East; thence

15  Westerly along the south line of said Section 14 to the

16  southeast corner of Section 15, Township 22 South, Range 29

17  East; thence Westerly along the south line of said Section 15

18  to the northeast corner of Section 21, Township 22 South,

19  Range 29 East; thence Southerly along the east line of said

20  Section 21 to an intersection with the centerline of State

21  Road No. 50; thence Westerly along the centerline of said

22  State Road No. 50 to the northeast corner of Section 30,

23  Township 22 South, Range 28 East; thence Southerly along the

24  east line of said Section 30 to the northeast corner of

25  Section 31, Township 22 South, Range 28 East; thence Southerly

26  along the east line of said Section 31 to the southeast corner

27  thereof, said corner lying on the south line of Township 22

28  South; thence Westerly along said south line of Township 22

29  South to the northeast corner of Section 2, Township 23 South,

30  Range 27 East; thence Southerly along the east line of said

31  Section 2 to the northeast corner of Section 11, Township 23


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 1  South, Range 27 East; thence Southerly along the east line of

 2  said Section 11 to the southeast corner thereof; thence

 3  Westerly along the south line of said Section 11 to the

 4  southeast corner of Section 10, Township 23 South, Range 27

 5  East; thence Westerly along the south line of said Section 10

 6  to the southeast corner of Section 9, Township 23 South, Range

 7  27 East; thence Westerly along the south line of said Section

 8  9 to the Southeast corner of Section 8, Township 23 South,

 9  Range 27 East; thence Westerly along the south line of said

10  Section 8 to the southeast corner of Section 7, Township 23

11  South, Range 27 East; thence Westerly along the south line of

12  said Section 7 to the southwest corner thereof, said corner

13  lying on the line of demarcation between Orange County and

14  Lake County; thence generally Northerly and along said county

15  line to the northeast corner of Section 12, Township 20 South,

16  Range 26 East, said corner lying on the east line of Range 26

17  East; thence generally Northerly and along said east line of

18  Range 26 East to the southeast corner of Section 24, Township

19  19 South, Range 26 East; thence Westerly along the south line

20  of said Section 24 to the southeast corner of Section 23,

21  Township 19 South, Range 26 East; thence Westerly along the

22  south line of said Section 23 to the southwest corner thereof;

23  thence Northerly along the west line of said Section 23 to the

24  southwest corner of Section 14, Township 19 South, Range 26

25  East; thence Northerly along the west line of said Section 14

26  to the southwest corner of Section 11, Township 19 South,

27  Range 26 East; thence generally Northeasterly to the southwest

28  corner of Section 1, Township 19 South, Range 26 East; thence

29  generally Northeasterly to the southwest corner of Section 31,

30  Township 18 South, Range 27 East; thence generally

31  Northeasterly to the southwest corner of Section 29, Township


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 1  18 South, Range 27 East; thence generally Northeasterly to the

 2  northwest corner of Section 28, Township 18 South, Range 27

 3  East; thence Easterly along the north line of said Section 28

 4  to the northwest corner of Section 27, Township 18 South,

 5  Range 27 East; thence Easterly along the north line of said

 6  Section 27 to the northwest corner of Section 26, Township 18

 7  South, Range 27 East; thence Easterly along the north line of

 8  said Section 26 to the northwest corner of Section 25,

 9  Township 18 South, Range 27 East; thence Easterly along the

10  north line of said Section 25 to an intersection with the west

11  line of Range 28 East; thence Northerly along the west line of

12  said Range 28 East, to the northwest corner of Section 6,

13  Township 18 South, Range 28 East, and the Point of Beginning.

14         316.317  Wekiva Parkway.--

15         (1)  The "Wekiva Parkway" means any limited access

16  highway or expressway constructed between State Road 429 and

17  Interstate 4 specifically incorporating the corridor alignment

18  recommended by Recommendation 2 of the Wekiva River Basin Area

19  Task Force final report dated January 15, 2003, and the

20  recommendations of the SR 429 Working Group that were adopted

21  January 16, 2004.

22         (2)  The Wekiva Parkway and related transportation

23  facilities shall follow the design criteria contained in the

24  recommendations of the Wekiva River Basin Area Task Force

25  adopted by reference by the Wekiva River Basin Coordinating

26  Committee in its final report of March 16, 2004 and the

27  recommendations of the Wekiva Coordinating Committee contained

28  in its final report of March 16, 2004, subject to reasonable

29  environmental, economic and engineering considerations.

30         (3)  With the exception of the road commonly referred

31  to as the Apopka Bypass, the construction of any other


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 1  limited-access highway or expressway that is identified by the

 2  Final Recommendations of the State Road 429 Working Group

 3  adopted January 16, 2004 within the Wekiva Study Area shall

 4  adhere to transportation and conservation principles

 5  identified within the Final Report of the Wekiva River Basin

 6  Coordinating Committee dated March 16, 2004. If any other

 7  limited-access highway or expressway is considered within the

 8  Wekiva Study Area, then such a project shall adhere to the

 9  extent practicable with transportation and conservation

10  principles identified within the Final Report of the Wekiva

11  River Basin Coordinating Committee dated March 16, 2004.

12         (4)  Access to properties adjacent to SR 46 shall be

13  maintained through appropriate neighborhood streets or

14  frontage roads integrated into the parkway design.

15         (5)  In Seminole County, the Seminole County Expressway

16  Authority, the Department of Transportation, and the Florida

17  Turnpike Enterprise shall locate the precise corridor and

18  interchanges for the Wekiva Parkway consistent with the

19  legislative intent expressed in this act and other provisions

20  of this act.

21         (6)  The Orlando-Orange County Expressway Authority is

22  hereby granted the authority to act as a third-party

23  acquisition agent, pursuant to s. 259.041 on behalf of the

24  Board of Trustees or chapter 373 on behalf of the governing

25  board of the St. Johns River Water Management District, for

26  the acquisition of all necessary lands, property and all

27  interests in property identified herein, including fee simple

28  or less-than-fee simple interests. The lands subject to this

29  authority are identified in paragraph 10.a., State of Florida,

30  Office of the Governor, Executive Order 03-112 of July 1,

31  2003, and in Recommendation 16 of the Wekiva Basin Area Task


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 1  Force created by Executive Order 2002-259, such lands

 2  otherwise known as Neighborhood Lakes, a 1,587+/- acre parcel

 3  located in Orange and Lake Counties within Sections 27, 28, 33

 4  and 34 of Township 19 South, Range 28 East, and Sections 3, 4,

 5  5 and 9 of Township 20 South, Range 28 East; Seminole

 6  Woods/Swamp, a 5,353+/- acre parcel located in Lake County

 7  within Section 37, Township 19 South, Range 28 East; New

 8  Garden Coal; a 1,605+/- acre parcel in Lake County within

 9  Sections 23, 25, 26, 35 and 36, Township 19 South, Range 28

10  East; Pine Plantation, a 617+/- acre tract consisting of eight

11  individual parcels within the Apopka City limits. The

12  Department of Transportation, the Department of Environmental

13  Protection, the St. Johns River Water Management District, and

14  other land acquisition entities shall participate and

15  cooperate in providing information and support to the

16  third-party acquisition agent. The land acquisition process

17  authorized by this paragraph shall begin no later than

18  December 31, 2004. Acquisition of the properties identified as

19  Neighborhood Lakes, Pine Plantation, and New Garden Coal, or

20  approval as a mitigation bank shall be concluded prior to the

21  completion of the Parkway.

22         (a)  Acquisition of the land described in this section

23  is required to provide right of way for the Wekiva Parkway, a

24  limited access roadway linking State Road 429 to Interstate 4,

25  an essential component in meeting regional transportation

26  needs to provide regional connectivity, improve safety,

27  accommodate projected population and economic growth, and

28  satisfy critical transportation requirements caused by

29  increased traffic volume growth and travel demands.

30         (b)  Acquisition of the lands described in this section

31  is also required to protect the surface water and groundwater


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 1  resources of Lake, Orange, and Seminole counties, otherwise

 2  known as the Wekiva Study Area, including recharge within the

 3  springshed that provides for the Wekiva River system.

 4  Protection of this area is crucial to the long term viability

 5  of the Wekiva River and springs and the central Florida

 6  region's water supply. Acquisition of the lands described in

 7  this section is also necessary to alleviate pressure from

 8  growth and development affecting the surface and groundwater

 9  resources within the recharge area.

10         (c)  Lands acquired pursuant to this section that are

11  needed for transportation facilities for the Wekiva Parkway

12  shall be determined not necessary for conservation purposes

13  pursuant to ss. 253.034(6) and 373.089(5) and shall be

14  transferred to or retained by the Orlando-Orange County

15  Expressway Authority or the Department of Transportation upon

16  reimbursement of the full purchase price and acquisition

17  costs.

18         (7)  The Department of Transportation, the Department

19  of Environmental Protection, the St. Johns River Water

20  Management District, Orlando-Orange County Expressway

21  Authority and other land acquisition entities shall cooperate

22  and establish funding responsibilities and partnerships by

23  agreement to the extent funds are available to the various

24  entities. Properties acquired with Florida Forever funds shall

25  be in accordance with s. 259.041 or chapter 373. The

26  Orlando-Orange County Expressway Authority shall acquire land

27  in accordance with this section of law to the extent funds are

28  available from the various funding partners, but shall not be

29  required nor assumed to fund the land acquisition beyond the

30  agreement and funding provided by the various land acquisition

31  entities.


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 1         (8)  The Department of Environmental Protection and the

 2  St. Johns River Water Management District shall give the

 3  highest priority to the acquisition of the lands described and

 4  identified in subsection (6) for Florida Forever purchases.

 5         369.318  Studies.--

 6         (1)  The Department of Environmental Protection shall

 7  study the efficacy and applicability of water quality and

 8  wastewater treatment standards needed to achieve nitrogen

 9  reductions protective of surface and groundwater quality

10  within the Wekiva Study Area and report to the Governor and

11  the Department of Community Affairs no later than December 1,

12  2004. Based on the December 2004 report, the Department of

13  Environmental Protection shall, if appropriate, by March 1,

14  2005, initiate rulemaking to achieve nitrogen reductions

15  protective of surface and groundwater quality or recommend any

16  additional statutory authority needed to implement the report

17  recommendations.

18         (2)  The Department of Health, in coordination with the

19  Department of Environmental Protection, shall study the

20  efficacy and applicability of onsite disposal system standards

21  needed to achieve nitrogen reductions protective of

22  groundwater quality within the Wekiva Study Area including

23  publicly owned lands and report to the Governor and the

24  Department of Community Affairs no later than December 1,

25  2004. Based on the December 2004 report, the Department of

26  Health shall, if appropriate, by March 1, 2005, initiate

27  rulemaking to achieve nitrogen reductions protective of water

28  quality or recommend legislation for any additional statutory

29  authority needed to implement the report recommendations. The

30  study shall consider:

31  


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 1         (a)  For new developments within the Wekiva Study Area

 2  and any existing development within the Wekiva River

 3  Protection Area using onsite disposal systems, a more

 4  stringent level of wastewater treatment, including, but not

 5  limited to, the use of multiple tanks to combine aerobic and

 6  anaerobic treatment to reduce the level of nitrates.

 7         (b)  The implementation of a septic tank maintenance

 8  and inspection program which includes upgrading certain onsite

 9  disposal systems permitted prior to 1982 to meet minimum

10  Department of Health standards; replacement of failing systems

11  and systems not meeting current standards; and providing

12  funding mechanisms for supporting a septic tank inspection and

13  maintenance program.

14         (3)  The St. Johns River Water Management District

15  shall initiate rulemaking to:

16         (a)  Amend the recharge criteria in Rule 40C-41.063(3),

17  Florida Administrative Code, to apply to all recharge lands

18  within the Wekiva Study Area.

19         (b)  Adopt a consolidated environmental resources

20  permit/consumptive use permit for projects that require both

21  an environmental resource permit and a consumptive use permit

22  that involve irrigation of urban landscape, golf course or

23  recreational areas.

24         (4)  By March 1, 2005, the St. Johns River Water

25  Management District in conjunction with the Department of

26  Environmental Protection, shall initiate rulemaking to amend

27  the recharge criteria in Rule 40C-41.063(3), Florida

28  Administrative Code, to provide that the post-development

29  recharge volume conditions within the Wekiva Study Area

30  approximate pre-development recharge volume conditions. The

31  district shall study and undertake this rulemaking to


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 1  accomplish this standard on a development-specific basis. The

 2  rule shall permit the utilization of existing permitted

 3  municipal master stormwater systems with adequate capacity to

 4  meet the new standards in lieu of onsite retention and shall

 5  provide applicants with the ability to submit appropriate

 6  geotechnical information demonstrating that a specific site is

 7  not within a most effective recharge area of the Wekiva

 8  springshed.

 9         (5)  The St. Johns River Water Management District

10  shall complete an assessment of the significance of water uses

11  below the current consumptive use permit thresholds in the

12  Wekiva Study Area to determine if rulemaking should be

13  initiated to lower consumptive use permit thresholds.

14         (6)  The St. Johns River Water Management District

15  shall conduct an analysis of the impact of redevelopment

16  projects in the Wekiva River basin upon aquifer recharge and

17  shall consider whether to adopt a rule amendment to require

18  those redevelopment projects exceeding a specified threshold

19  to meet the Wekiva Basin recharge criteria. The effect of

20  redevelopment upon aquifer recharge shall be analyzed and then

21  the costs of regulation shall be analyzed.

22         (7)  By December 1, 2007, the St. Johns River Water

23  Management District shall update the minimum flows and levels

24  standards for Rock Springs and Wekiva Springs. Further, the

25  district shall revise the consumptive use permit thresholds in

26  the Wekiva Study Area to address proposed water withdrawals

27  above 50,000 gallons per day. Revisions to the consumptive use

28  thresholds shall provide for a general permit, if possible,

29  and include a transition period that allows continued access

30  to water supply for users that were not previously subject to

31  the permitting process.


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 1         (8)  By December 1, 2005, the St. Johns River Water

 2  Management District shall establish pollution load reduction

 3  goals for the Wekiva Study Area to assist the Department of

 4  Environmental Protection in adopting total maximum daily loads

 5  for impaired waters within the Wekiva Study Area by December

 6  1, 2006.

 7         (9)  The Department of Agriculture and Consumer

 8  Services shall be the lead agency in coordinating the

 9  reduction of agricultural nonpoint sources of pollution. The

10  Department of Agriculture and Consumer Services shall study,

11  and if necessary, initiate rulemaking to implement new or

12  revised best management practices for improving and protecting

13  water bodies, including those basins with impaired water

14  bodies addressed by the Total Maximum Daily Loads Program.

15         369.319  Master stormwater management plan.--Each local

16  government within the Wekiva Study Area shall develop a master

17  stormwater management plan that: assesses existing problems

18  and deficiencies in the community; identifies projects to meet

19  long-range needs; establishes priorities to address existing

20  deficiencies; establishes measures to address redevelopment;

21  establishes a schedule to complete needed improvements;

22  evaluates the feasibility of stormwater reuse; and includes

23  requirements for inspection and maintenance of facilities. The

24  plan shall also identify a funding source, such as a

25  stormwater utility fee, to fund implementation of the plan and

26  maintenance program. In addition, the local government shall

27  establish a water reuse and irrigation program that allows for

28  reuse of stormwater on a site basis for development over a

29  size threshold to be determined by the local government or on

30  a jurisdiction-wide basis to minimize pumpage of groundwater

31  for nonpotable usage.


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 1         369.320  Wastewater facility plan.--

 2         (1)  Local governments within the Wekiva Study Area

 3  shall develop a wastewater facility plan for joint planning

 4  areas and utility service areas where central wastewater

 5  systems are not readily available. The facility plan shall

 6  include: the delineation of areas within the utility service

 7  area that are to be served by central facilities within 5

 8  years; a financially feasible schedule of improvements; an

 9  infrastructure work plan to build the facilities needed to

10  implement the facility plan, including those needed to meet

11  enhanced treatment standards adopted by the Department of

12  Environmental Protection; and a phase-out of existing onsite

13  septic tank systems where central facilities are available.

14  The term available shall be interpreted consistent with the

15  definition of s. 381.0065(2)(a). The facility plan shall also

16  include a long-range component addressing service of the joint

17  planning area or utility service area. In addition, local

18  governments shall establish a water reuse program that allows

19  for reuse of reclaimed water on a site-by-site basis for

20  development over a size threshold to be determined by the

21  local government or on a jurisdiction-wide basis to minimize

22  pumpage of groundwater for nonpotable usage.

23         (2)  Local governments shall update their wastewater

24  facility plans required in subsection (1) where the Total

25  Maximum Daily Loads Program requires reductions in point

26  source pollutants for a basin or as required by legislation

27  for enhanced treatment standards.

28         369.321  Comprehensive plan amendments.--By January 1,

29  2006, each local government within the Wekiva Study Area shall

30  amend its local government comprehensive plan to include the

31  following:


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 1         (1)  Local governments hosting an interchange on the

 2  Wekiva Parkway shall adopt an interchange land use plan into

 3  their comprehensive plans. Each interchange land use plan

 4  shall address:  appropriate land uses and compatible

 5  development; secondary road access; access management;

 6  right-of-way protection; vegetation protection and water

 7  conserving landscaping; and the height and appearance of

 8  structures and signage. Local governments within which the

 9  Wekiva Parkway is planned shall amend their local government

10  comprehensive plan to include the Wekiva Parkway.

11         (2)  Local governments shall amend the appropriate

12  elements of the comprehensive plan, including the capital

13  improvements element, to ensure implementation of the master

14  stormwater management plan.

15         (3)  Local governments shall amend their comprehensive

16  plans to establish land use strategies that optimize open

17  space and promote a pattern of development on a

18  jurisdiction-wide basis that protects the most effective

19  recharge areas, karst features, and sensitive natural habitats

20  including Longleaf Pine, Sand Hill, Sand Pine, and Xeric Oak

21  Scrub. Such strategies shall recognize property rights and the

22  varying circumstances within the Wekiva Study Area, including

23  rural and urban land use patterns. Local comprehensive plans

24  shall map, using best available data from the St. Johns River

25  Water Management District and the Fish and Wildlife

26  Conservation Commission, recharge areas and sensitive upland

27  habitats for this purpose. Local governments shall have

28  flexibility to achieve this objective through comprehensive

29  plan strategies that may include, but are not limited to:

30         (a)  Coordinated greenway plans;

31         (b)  Dedication of conservation easements;


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 1         (c)  Land acquisition;

 2         (d)  Clustering of development;

 3         (e)  Density credits and density incentives which

 4  result in permanent protection of open space; and

 5         (f)  Low to very low density development.

 6         (4)  An up-to-date 10-year water supply facility work

 7  plan for building potable water facilities necessary to serve

 8  existing and new development and for which the local

 9  government is responsible as required by paragraph

10  163.3177(6)(c).

11         (5)  Comprehensive plans and comprehensive plan

12  amendments adopted by the local governments to implement this

13  section shall be reviewed by the Department of Community

14  Affairs pursuant to s. 163.3184, and shall be exempt from the

15  provisions of s. 163.3187(1).

16         (6)  Implementing land development regulations shall be

17  adopted no later than January 1, 2007.

18         (7)  During the period prior to the adoption of the

19  comprehensive plan amendments required by this act, any local

20  comprehensive plan amendment adopted by a city or county that

21  applies to land located within the Wekiva Study Area shall

22  protect surface and groundwater resources and be reviewed by

23  the Department of Community Affairs, pursuant to chapter 9J-5,

24  Florida Administrative Code, using best available data,

25  including the information presented to the Wekiva River Basin

26  Coordinating Committee.

27         369.322  Coordination of land use and water supply

28  within the Wekiva Study Area.--

29         (1)  In their review of local government comprehensive

30  plan amendments for property located within the Wekiva Study

31  Area pursuant to s. 163.3184, the Department of Community


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 1  Affairs and the St. Johns River Water Management District

 2  shall assure that amendments that increase development

 3  potential demonstrate that adequate potable water consumptive

 4  use permit capacity is available.

 5         (2)  Local governments located within the Wekiva Study

 6  Area shall coordinate with the St. Johns River Water

 7  Management District and other public and private utilities, on

 8  a countywide or multicounty basis, to implement cooperative

 9  solutions for development of alternative water sources

10  necessary to supplement groundwater supplies consistent with

11  the St. Johns River Water Management District Regional Water

12  Supply Plan. 

13         (3)  In recognition of the need to balance resource

14  protection, existing infrastructure and improvements planned

15  or committed as part of approved development, consistent with

16  existing municipal or county comprehensive plans and economic

17  development opportunities, planned community development

18  initiatives that assure protection of surface and groundwater

19  resources while promoting compact, ecologically and

20  economically sustainable growth should be encouraged.  Small

21  area studies, sector plans, or similar planning tools should

22  support these community development initiatives. In addition,

23  the Department of Community Affairs may make available best

24  practice guides that demonstrate how to balance resource

25  protection and economic development opportunities.

26         369.323  Compliance.--Comprehensive plans and plan

27  amendments adopted by the local governments within the Wekiva

28  Study Area to implement this act shall be reviewed for

29  compliance by the Department of Community Affairs.

30         369.324  Wekiva River Basin Commission.--

31  


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 1         (1)  The Wekiva River Basin Commission is created to

 2  monitor and ensure the implementation of the recommendations

 3  of the Wekiva River Basin Coordinating Committee for the

 4  Wekiva Study Area. The East Central Florida Regional Planning

 5  Council shall provide staff support to the commission with

 6  funding assistance from the Department of Community Affairs.

 7  The commission shall be comprised of a total of 19 members

 8  appointed by the Governor, 9 of whom shall be voting members

 9  and 10 shall be ad hoc nonvoting members. The voting members

10  shall include:

11         (a)  One member of each of the Boards of County

12  Commissioners for Lake, Orange, and Seminole Counties.

13         (b)  One municipal elected official to serve as a

14  representative of the municipalities located within the Wekiva

15  Study Area of Lake County.

16         (c)  One municipal elected official to serve as a

17  representative of the municipalities located within the Wekiva

18  Study Area of Orange County.

19         (d)  One municipal elected official to serve as a

20  representative of the municipalities located within the Wekiva

21  Study Area of Seminole County.

22         (e)  One citizen representing an environmental or

23  conservation organization, one citizen representing a local

24  property owner, a land developer, or an agricultural entity,

25  and one at-large citizen who shall serve as chairman of the

26  council.

27         (f)  The ad hoc nonvoting members shall include one

28  representative from each of the following entities:

29         1.  St. Johns River Management District.

30         2.  Department of Community Affairs.

31         3.  Department of Environmental Protection.


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 1         4.  Department of Health.

 2         5.  Department of Agriculture and Consumer Services.

 3         6.  Fish and Wildlife Conservation Commission.

 4         7.  Department of Transportation.

 5         8.  MetroPlan Orlando.

 6         9.  Orlando-Orange County Expressway Authority.

 7         10.  Seminole County Expressway Authority.

 8         (2)  Voting members shall serve 3-year, staggered

 9  terms, and shall serve without compensation but shall serve at

10  the expense of the entity they represent.

11         (3)  Meetings of the commission shall be held in Lake,

12  Orange, or Seminole county at the call of the chairman, but

13  shall meet at least twice a year.

14         (4)  To assist the commission in its mission, the East

15  Coast Regional Planning Council, in coordination with the

16  applicable regional and state agencies, shall serve as a

17  clearinghouse of baseline or specialized studies through

18  modeling and simulation, including collecting and

19  disseminating data on the demographics, economics, and the

20  environment of the Wekiva Study Area including the changing

21  conditions of the Wekiva River surface and groundwater basin

22  and associated influence on the Wekiva River and the Wekiva

23  Springs.

24         (5)  The commission shall report annually, no later

25  than December 31 of each year, to the Governor, the President

26  of the Senate, the Speaker of the House of Representatives,

27  and the Department of Community Affairs on implementation

28  progress.

29         Section 2.  Paragraph (b) of subsection (1) of section

30  163.3184, Florida Statutes, is amended to read:

31  


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 1         163.3184  Process for adoption of comprehensive plan or

 2  plan amendment.--

 3         (1)  DEFINITIONS.--As used in this section, the term:

 4         (b)  "In compliance" means consistent with the

 5  requirements of ss. 163.3177, 163.31776, when a local

 6  government adopts an educational facilities element, 163.3178,

 7  163.3180, 163.3191, and 163.3245, with the state comprehensive

 8  plan, with the appropriate strategic regional policy plan, and

 9  with chapter 9J-5, Florida Administrative Code, where such

10  rule is not inconsistent with this part and with the

11  principles for guiding development in designated areas of

12  critical state concern and with part III of chapter 369, where

13  applicable.

14         Section 3.  This act shall take effect July 1, 2004.

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