HB 0849

CS

CHAMBER ACTION

2	The Committee on Appropriations recommends the following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to the Wekiva Study Area and the Wekiva
8	Parkway; creating pt. III of ch. 369, F.S.; creating s.
9	369.314, F.S.; providing a popular name; creating s.
10	369.315, F.S.; providing legislative findings and intent;
11	creating s. 369.316, F.S.; providing and fixing the
12	boundaries of the Wekiva Study Area; creating s. 369.317,
13	F.S.; defining the Wekiva Parkway; specifying guiding
14	principles for construction of the parkway and location of
15	interchanges; requiring acquisition of right-of-way prior
16	to commencement of construction; requiring the Seminole
17	County Expressway Authority, the Department of
18	Transportation, and the Florida Turnpike Enterprise to
19	locate the parkway corridor and interchanges in Seminole
20	County consistent with the intent of the act; authorizing
21	the Department of Transportation to acquire and exercise
22	the power of eminent domain with regard to identified
23	lands; providing purposes for the acquisition of certain
24	lands; providing that title to lands acquired under s.
25	369.316, F.S., shall vest in the state; providing for
26	transfer of certain lands not needed for the parkway to
27	the Board of Trustees of the Internal Improvement Trust
28	Fund; providing for certain uses of said lands; requiring
29	cooperation and establishment of funding responsibilities
30	and partnerships between certain land-acquisition
31	entities; creating s. 369.318, F.S.; requiring certain
32	studies relating to water quality and wastewater treatment
33	standards to be conducted by the Department of
34	Environmental Protection, the Department of Health, and
35	the Department of Agriculture and Consumer Services;
36	providing for rulemaking; requiring a report to the
37	Governor and the Department of Community Affairs;
38	requiring the St. Johns River Water Management District to
39	initiate rulemaking with regard to recharge criteria;
40	requiring the district to provide certain information and
41	establish certain goals with regard to Rock Springs,
42	Wekiwa Springs, and the Wekiva Study Area; requiring the
43	Department of Environmental Protection to conduct a study
44	of the effect of septic tanks on specified waterways;
45	requiring a report to the Governor and Legislature;
46	creating s. 369.319, F.S.; requiring local governments
47	within the Wekiva Study Area to develop a master
48	stormwater management plan and a water reuse and
49	irrigation program; creating s. 369.320, F.S.; requiring
50	local governments in specified areas to develop a
51	wastewater facility plan; creating s. 369.321, F.S.;
52	requiring local governments to amend their comprehensive
53	plans for certain purposes and specifying a date certain
54	for implementation thereof; creating s. 369.322, F.S.;
55	providing for coordination of land use and water supply
56	within the Wekiva Study Area; creating s. 369.323, F.S.;
57	requiring the Department of Community Affairs to review
58	comprehensive plans and amendments thereto for compliance;
59	creating s. 369.324, F.S.; creating the Wekiva River Basin
60	Commission; providing for membership, meetings, and
61	duties; providing that the East Central Florida Regional
62	Planning Council, in coordination with applicable regional
63	and state agencies, shall serve as a clearinghouse of
64	baseline or specialized studies; requiring a report to the
65	Governor, Legislature, and Department of Community
66	Affairs; amending s. 163.3184, F.S.; revising the
67	definition of the term "in compliance" to include the
68	provisions of pt. III of ch. 369, F.S.; establishing a New
69	Garden Coal mitigation bank; providing legislative
70	findings with respect thereto; requiring certain lands to
71	be included in the mitigation service area; requiring the
72	St. Johns River Water Management District to make
73	determinations regarding permit applications for the
74	establishment of the mitigation bank; providing an
75	effective date.
76
77	WHEREAS, the Wekiva River System and its associated
78	springshed areas are of irreplaceable value to the quality of
79	life and the well-being of the people of the State of Florida,
80	and
81	WHEREAS, protection of the surface water and groundwater
82	resources, including recharge within the springshed that
83	provides for the Wekiva River System, is crucial to the long-
84	term viability of the Wekiva River and Wekiwa Springs and the
85	central Florida region's water supply, and
86	WHEREAS, construction of the Wekiva Parkway and other
87	roadway improvements to the west of the Wekiva River System will
88	add to the pressures for growth and development already
89	affecting the surface water and groundwater resources within the
90	recharge area, NOW, THEREFORE,
91
92	Be It Enacted by the Legislature of the State of Florida:
93
94	Section 1.  Part III of chapter 369, Florida Statutes,
95	consisting of sections 369.314, 369.315, 369.316, 369.317,
96	369.318, 369.319, 369.320, 369.321, 369.322, 369.323, and
97	369.324, Florida Statutes, is created to read:
98	PART III
99	WEKIVA STUDY AREA AND WEKIVA PARKWAY ACT
100	369.314  Popular name.--This part may be known by the
101	popular name the "Wekiva Study Area and Wekiva Parkway Act."
102	369.315  Legislative findings and intent.--
103	(1)  The Legislature finds that, in general, Florida
104	springs, whether found in urban or rural settings, public parks,
105	or private lands, are threatened by actual and potential flow
106	reductions and declining water quality. As a result of climate
107	patterns and population changes, over the past 30 years many of
108	Florida's springs may have begun to exhibit signals of distress,
109	including increasing nutrient loading and lowered water flow.
110	The groundwater that feeds springs is recharged by seepage from
111	the surface and through direct conduits such as sinkholes.
112	(2)  The Legislature further finds that springs and
113	groundwater once damaged by overuse can be restored through good
114	stewardship, including effective planning strategies and best
115	management practices to preserve and protect springs and their
116	springsheds. Prudent land use planning decisions can protect and
117	improve the quality and quantity of springs and groundwater, as
118	well as the upland resources of springsheds. Managing land use
119	types and the allowable density and intensity of areas of
120	development, followed by specific site planning to further
121	minimize impacts, is an important goal.
122	(3)  It is the intent of the Legislature that the
123	recommendations of the Wekiva River Basin Coordinating Committee
124	as stated in its final report dated March 16, 2004, be taken and
125	implemented to achieve the objective of improving and ensuring
126	protection of surface water and groundwater resources.
127	Coordination of local comprehensive plans and the regional water
128	supply plan is important for protection of water resources and
129	to promote the continuity of effective planning and development.
130	(4)  It is not the intent of the Legislature to place an
131	undue burden on local governments within the Wekiva Study Area.
132	369.316  Wekiva Study Area.--The Wekiva Study Area shall
133	consist of a portion of Lake, Orange, and Seminole Counties,
134	Florida, being more particularly described as follows:
135
136	Begin at the northwest corner of Section 6, Township
137	18 South, Range 28 East, Lake County, Florida, said
138	corner lying on the north line of Township 18 South;
139	thence Easterly along said north line of Township 18
140	South to the northeast corner of Section 5, Township
141	18 South, Range 29 East; thence Southerly along the
142	east line of said Section 5 to the northeast corner of
143	Section 8, Township 18 South, Range 29 East; thence
144	Southerly along the east line of said Section 8 to the
145	northeast corner of Section 17, Township 18 South,
146	Range 29 East; thence Southerly along the east line of
147	said Section 17 to the northeast corner of Section 20,
148	Township 18 South, Range 29 East; thence Southerly
149	along the east line of said Section 20 to the
150	northeast corner of Section 29, Township 18 South,
151	Range 29 East; thence Southerly along the east line of
152	said Section 29 to the northeast corner of Section 32,
153	Township 18 South, Range 29 East; thence Southerly
154	along the east line of said Section 32 to the
155	southeast corner thereof, said corner lying on the
156	south line of Township 18 South; thence Easterly along
157	the south line of said Township 18 South to an
158	intersection with the east line of Range 29 East;
159	thence Southerly along the east line of said Range 29
160	East to the southeast corner of Section 24, Township
161	21 South, Range 29 East; thence Westerly along the
162	south line of said Section 24 to the southeast corner
163	of Section 23, Township 21 South, Range 29 East;
164	thence Westerly along the south line of said Section
165	23 to an intersection with the centerline of
166	Interstate Highway No. 4; thence generally Southerly
167	along the centerline of Interstate Highway No. 4 to an
168	intersection with the south line of Section 13,
169	Township 22 South, Range 29 East; thence Westerly
170	along the south line of said Section 13 to the
171	southeast corner of Section 14, Township 22 South,
172	Range 29 East; thence Westerly along the south line of
173	said Section 14 to the southeast corner of Section 15,
174	Township 22 South, Range 29 East; thence Westerly
175	along the south line of said Section 15 to the
176	northeast corner of Section 21, Township 22 South,
177	Range 29 East; thence Southerly along the east line of
178	said Section 21 to an intersection with the centerline
179	of State Road No. 50; thence Westerly along the
180	centerline of said State Road No. 50 to the northeast
181	corner of Section 30, Township 22 South, Range 28
182	East; thence Southerly along the east line of said
183	Section 30 to the northeast corner of Section 31,
184	Township 22 South, Range 28 East; thence Southerly
185	along the east line of said Section 31 to the
186	southeast corner thereof, said corner lying on the
187	south line of Township 22 South; thence Westerly along
188	said south line of Township 22 South to the northeast
189	corner of Section 2, Township 23 South, Range 27 East;
190	thence Southerly along the east line of said Section 2
191	to the northeast corner of Section 11, Township 23
192	South, Range 27 East; thence Southerly along the east
193	line of said Section 11 to the southeast corner
194	thereof; thence Westerly along the south line of said
195	Section 11 to the southeast corner of Section 10,
196	Township 23 South, Range 27 East; thence Westerly
197	along the south line of said Section 10 to the
198	southeast corner of Section 9, Township 23 South,
199	Range 27 East; thence Westerly along the south line of
200	said Section 9 to the southeast corner of Section 8,
201	Township 23 South, Range 27 East; thence Westerly
202	along the south line of said Section 8 to the
203	southeast corner of Section 7, Township 23 South,
204	Range 27 East; thence Westerly along the south line of
205	said Section 7 to the southwest corner thereof, said
206	corner lying on the line of demarcation between Orange
207	County and Lake County; thence generally Northerly and
208	along said county line to the northeast corner of
209	Section 12, Township 20 South, Range 26 East,
210	said corner lying on the east line of Range 26 East;
211	thence generally Northerly and along said east line of
212	Range 26 East to the southeast corner of Section 24,
213	Township 19 South, Range 26 East; thence Westerly
214	along the south line of said Section 24 to the
215	southeast corner of Section 23, Township 19 South,
216	Range 26 East; thence Westerly along the south line of
217	said Section 23 to the southwest corner thereof;
218	thence Northerly along the west line of said Section
219	23 to the southwest corner of Section 14, Township 19
220	South, Range 26 East; thence Northerly along the west
221	line of said Section 14 to the southwest corner of
222	Section 11, Township 19 South, Range 26 East; thence
223	generally Northeasterly to the southwest corner of
224	Section 1, Township 19 South, Range 26 East; thence
225	generally Northeasterly to the southwest corner of
226	Section 31, Township 18 South, Range 27 East; thence
227	generally Northeasterly to the southwest corner of
228	Section 29, Township 18 South, Range 27 East; thence
229	generally Northeasterly to the northwest corner of
230	Section 28, Township 18 South, Range 27 East; thence
231	Easterly along the north line of said Section 28 to
232	the northwest corner of Section 27, Township 18 South,
233	Range 27 East; thence Easterly along the north line of
234	said Section 27 to the northwest corner of Section 26,
235	Township 18 South, Range 27 East; thence Easterly
236	along the north line of said Section 26 to the
237	northwest corner of Section 25, Township 18 South,
238	Range 27 East; thence Easterly along the north line of
239	said Section 25 to an intersection with the west line
240	of Range 28 East; thence Northerly along the west line
241	of said Range 28 East to the northwest corner of
242	Section 6, Township 18 South, Range 28 East, and the
243	Point of Beginning.
244
245	369.317  Wekiva Parkway.--
246	(1)  The "Wekiva Parkway" means a limited access highway or
247	expressway constructed between State Road 429 and Interstate 4
248	or State Road 417 specifically incorporating the corridor
249	alignment recommended by Recommendation 2 of the Wekiva River
250	Basin Area Task Force final report dated January 15, 2003.
251	(2)  The following guiding principles shall be used for the
252	Wekiva Parkway design and construction:
253	(a)  The expressway shall be a limited access expressway
254	with few interchanges and will not replace State Road 46 in Lake
255	County.
256	(b)  Appropriate natural buffers shall be provided between
257	roadways and adjacent areas.
258	(c)  The most current, environmentally sound, and practical
259	road construction techniques shall be used throughout
260	strategically important wetlands.
261	(d)  Wildlife corridors with barriers to direct wildlife to
262	safe crossing points shall be provided.
263	(e)  Stormwater treatment facilities shall minimize habitat
264	loss and promote restoration of impacted sites and ensure
265	capture and treatment of runoff from bridges over Outstanding
266	Florida Waters to meet Outstanding Florida Waters standards.
267	(f)  Opportunities to view, understand, and access the
268	environmental uniqueness of the Wekiva River ecosystem shall be
269	provided where practical.
270	(g)  Nonintrusive and minimal roadway and bridge lighting
271	in the Wekiva River Protection Area shall be provided to support
272	the conservation of dark skies in the Wekiva River Basin area.
273	(h)  Safety and access design features shall be
274	incorporated to promote the continuation of prescribed burning
275	in the Wekiva River Basin area.
276	(3)  The number of interchanges located along the Wekiva
277	Parkway shall not exceed five and shall be located as follows:
278	(a)  State Road 429 south of U.S. Highway 441.
279	(b)  U.S. Highway 441.
280	(c)  Between U.S. Highway 441 and State Road 46.
281	(d)  State Road 46.
282	(e)  Interstate 4 or State Road 417.
283	(4)  The construction of the Wekiva Parkway or State Road
284	429 north of U.S. Highway 441 shall not commence until the
285	right-of-way for the Wekiva Parkway is acquired from State Road
286	46 in Lake County to Interstate 4 or State Road 417 in Seminole
287	County and the properties identified in subsection (6) as
288	Neighborhood Lakes, Pine Plantation, and New Garden Coal are
289	acquired or are approved as mitigation bank land as described
290	for the New Garden Coal property in section 3.
291	(5)  In Seminole County, the Seminole County Expressway
292	Authority, the Department of Transportation, and the Florida
293	Turnpike Enterprise shall locate the precise corridor and
294	interchanges for the Wekiva Parkway consistent with the
295	legislative intent and other provisions of this part.
296	(6)  The Department of Transportation is specifically
297	granted the authority to acquire and to exercise the power of
298	eminent domain to condemn all necessary lands, property, and all
299	interests in property identified herein, including fee-simple or
300	less-than-fee-simple interests, including, but not limited to,
301	all rights and interests set forth in s. 337.27(1). The lands
302	subject to this authority are identified in paragraph 10.a.,
303	State of Florida, Office of the Governor, Executive Order 03-112
304	of July 1, 2003, and in Task Force Recommendation 16 of the
305	Wekiva River Basin Area Task Force created by Executive Order
306	2002-259, such lands otherwise known as Neighborhood Lakes, a
307	1,587 +/- acre parcel located in Orange and Lake Counties within
308	Sections 27, 28, 33 and 34 of Township 19 South, Range 28 East,
309	and Sections 3, 4, 5 and 9 of Township 20 South, Range 28 East;
310	Seminole Woods/Swamp, a 5,353.2 +/- acre parcel located in Lake
311	County within Section 37, Township 19 South, Range 28 East; New
312	Garden Coal, a 1,605 +/- acre parcel in Lake County within
313	Sections 23, 25, 26, 35 and 36, Township 19 South, Range 28
314	East; Pine Plantation, a 617 +/- acre tract consisting of eight
315	(8) individual parcels within the Apopka City limits. The
316	Department of Transportation shall act as the lead agency in the
317	acquisition of these properties, and the Department of
318	Environmental Protection, the Department of Community Affairs,
319	the St. Johns River Water Management District, the Orlando-
320	Orange County Expressway Authority, and other land-acquisition
321	entities shall participate and cooperate in providing
322	information and support to the lead agency.
323	(a)  Acquisition of the lands described in this section is
324	required to provide right-of-way for the Wekiva Parkway, a
325	limited access roadway linking State Road 429 to Interstate 4 or
326	State Road 417, an essential component in meeting regional
327	transportation needs to provide regional connectivity, improve
328	safety, accommodate projected population and economic growth,
329	and satisfy critical transportation requirements caused by
330	growth in traffic volume and increased travel demands.
331	(b)  Acquisition of the lands described in this section is
332	also required to protect the surface water and groundwater
333	resources of Lake, Orange, and Seminole Counties, otherwise
334	known as the Wekiva Study Area, including recharge within the
335	springshed that provides for the Wekiva River system. Protection
336	of this area is crucial to the long-term viability of the Wekiva
337	River and Wekiwa Springs and the central Florida region's water
338	supply. Acquisition of the lands described in s. 369.316 is also
339	necessary to alleviate pressure for growth and development which
340	could possibly affect the surface water and groundwater
341	resources within the recharge area.
342	(c)  Title to all lands acquired under this section shall
343	vest in the state.
344	(d)  Acquisition by the Department of Transportation of the
345	lands described in s. 369.316 that are not needed for the Wekiva
346	Parkway shall be transferred to the Board of Trustees of the
347	Internal Improvement Trust Fund for management as conservation
348	lands pursuant to ss. 253.034 and 259.032. However, the
349	Department of Transportation is authorized to utilize such lands
350	acquired with its own funds, or with acquisition services
351	provided at its cost, on a pro rata basis to the total acreage
352	acquired, as mitigation credits for potential future impacts
353	associated with the Wekiva Parkway or other regionally
354	significant roadways. With the exception of the transportation
355	use for the Wekiva Parkway, uses of the property acquired shall
356	be limited to traditional conservation uses appropriate for land
357	acquisition for the Florida Forever program as created by s.
358	259.105.
359	(7)  The Department of Transportation, the Department of
360	Environmental Protection, the St. Johns River Water Management
361	District, the Orlando-Orange County Expressway Authority, and
362	other land-acquisition entities shall cooperate and establish
363	funding responsibilities and partnerships by agreement to the
364	extent funds are available to the various entities. The
365	Department of Transportation shall acquire land in accordance
366	with this section to the extent funds are available from the
367	various funding partners but shall not be required nor assumed
368	to fund the land acquisition beyond the agreement and funding
369	provided by the various land-acquisition entities.
370	369.318  Studies; rulemaking.--
371	(1)  The Department of Environmental Protection shall study
372	the efficacy and applicability of water quality and wastewater
373	treatment standards needed to achieve nitrogen reductions
374	protective of water quality within the Wekiva Study Area and
375	report to the Governor and the Department of Community Affairs
376	no later than December 1, 2004. Based on the December 2004
377	report, the Department of Environmental Protection shall, by
378	March 1, 2005, initiate rulemaking to achieve nitrogen
379	reductions protective of water quality or recommend legislation
380	that grants any additional statutory authority needed to
381	implement the report recommendations.
382	(2)  The Department of Health, in coordination with the
383	Department of Environmental Protection, shall study the efficacy
384	and applicability of onsite disposal system standards needed to
385	achieve nitrogen reductions protective of water quality within
386	the Wekiva Study Area and report to the Governor and the
387	Department of Community Affairs no later than December 1, 2004.
388	Based on the December 2004 report, the Department of Health
389	shall, by March 1, 2005, initiate rulemaking to achieve nitrogen
390	reductions protective of water quality or recommend legislation
391	that grants any additional statutory authority needed to
392	implement the report recommendations. The study shall consider:
393	(a)  For new developments and any existing development
394	within the Wekiva River Protection Area using onsite disposal
395	systems, a more stringent level of wastewater treatment,
396	including the use of multiple tanks to combine aerobic and
397	anaerobic treatment to reduce the level of nitrates.
398	(b)  The implementation of a septic tank maintenance and
399	inspection program that includes upgrading certain onsite
400	disposal systems permitted prior to 1982 to meet minimum
401	Department of Health standards, replacement of failing systems
402	and systems not meeting current standards, and providing funding
403	mechanisms for supporting a septic tank inspection and
404	maintenance program.
405	(3)(a)  The St. Johns River Water Management District shall
406	initiate rulemaking to apply the recharge criteria set forth in
407	Rule 40C-41.063(3), Florida Administrative Code, to the most
408	effective recharge areas within the Wekiva Study Area. In
409	addition, the St. Johns River Water Management District shall,
410	in conjunction with the Department of Environmental Protection,
411	study the recharge volume conditions in the Wekiva Study Area
412	and make recommendations to implement new standards to provide
413	that postdevelopment recharge volume conditions approximate
414	predevelopment recharge volume conditions. By March 1, 2005, the
415	St. Johns River Water Management District shall initiate
416	rulemaking to implement new standards to provide that
417	postdevelopment recharge volume conditions approximate
418	predevelopment recharge volume conditions.
419	(b)  By December 1, 2007, the St. Johns River Water
420	Management District shall update the minimum flows and levels
421	for Rock Springs and Wekiwa Springs. Further, the district shall
422	revise the consumptive use permit thresholds in the Wekiva Study
423	Area to address proposed water withdrawals above 50,000 gallons
424	per day. Revisions to the consumptive use thresholds shall
425	provide for a general permit, if possible, and include a
426	transition period that allows continued access to the water
427	supply for users that were not previously subject to the
428	permitting process.
429	(c)  By December 1, 2005, the St. Johns River Water
430	Management District shall establish pollution load reduction
431	goals for the Wekiva Study Area to assist the Department of
432	Environmental Protection in adopting total maximum daily loads
433	for the Wekiva Study Area by December 1, 2006.
434	(4)  The Department of Agriculture and Consumer Services
435	shall be the lead agency in coordinating the reduction of
436	agricultural nonpoint sources of pollution. The Department of
437	Agriculture and Consumer Services shall study, and, if
438	necessary, initiate rulemaking to implement, new or revised best
439	management practices for improving and protecting water bodies,
440	including those basins with impaired water bodies addressed by
441	the Clean Water Act's Total Maximum Daily Loads Program.
442	(5)  The Department of Environmental Protection shall study
443	the effect of septic tanks on nitrogen levels in the Wekiva
444	River and springs located near or within the Wekiva State Park.
445	The Department of Environmental Protection shall submit a report
446	to the Governor regarding the results of the study by December
447	31, 2005, and recommend whether the removal of septic tanks from
448	that area is environmentally necessary and economically sound.
449	(6)  The Department of Environmental Protection shall study
450	the effect of septic tanks on nitrogen levels in the Wekiva
451	River between the Wekiva Falls resort and the St. Johns River.
452	The Department of Environmental Protection shall submit a report
453	to the President of the Senate and the Speaker of the House of
454	Representatives regarding the results of the study by December
455	31, 2005, and recommend whether the removal of septic tanks from
456	that area is environmentally necessary and economically sound.
457	369.319  Master stormwater management plan.--Each local
458	government within the Wekiva Study Area shall develop a master
459	stormwater management plan that assesses existing problems and
460	deficiencies in the community, identifies projects to meet long-
461	range needs, establishes priorities to address existing
462	deficiencies, establishes measures to address redevelopment,
463	establishes a schedule to complete needed improvements,
464	evaluates the feasibility of stormwater reuse, and includes
465	requirements for inspection and maintenance of facilities. The
466	plan shall also identify a funding source, such as a stormwater
467	utility fee, to fund implementation of the plan and maintenance
468	program. In addition, the local government shall establish a
469	water reuse and irrigation program that allows for reuse of
470	stormwater to minimize pumpage of groundwater for nonpotable
471	usage.
472	369.320  Wastewater facility plan.--Within joint planning
473	areas and utility service areas where central wastewater systems
474	are not readily available, local governments shall develop a
475	wastewater facility plan. The facility plan shall include the
476	delineation of areas within the utility service area that are to
477	be served by central facilities within 5 years, a financially
478	feasible schedule of improvements, an infrastructure work plan
479	to build the facilities needed to implement the facility plan,
480	including those needed to meet enhanced treatment standards
481	adopted by the Department of Environmental Protection, and a
482	phase-out of existing onsite septic tank systems where central
483	facilities are available. The facility plan shall also include a
484	long-range component that addresses service of the joint
485	planning area or utility service area. In addition, local
486	governments shall establish a water reuse program that allows
487	for reuse of reclaimed water to minimize pumpage of groundwater
488	for nonpotable usage. For those basins in which the Clean Water
489	Act's Total Maximum Daily Loads Program requires reductions in
490	point source pollutants or as required by legislation for
491	enhanced treatment standards, local governments shall update
492	their wastewater facility plans.
493	369.321  Comprehensive plan amendments.--
494	(1)  By January 1, 2006, each local government within the
495	Wekiva Study Area shall amend its local government comprehensive
496	plan, including the capital improvements element, to include the
497	following:
498	(a)  An interchange land use plan for local governments
499	within the boundaries of which an interchange is planned to be
500	located. Each interchange land use plan shall address
501	appropriate land uses and compatibility, secondary road access,
502	access management, right-of-way protection, vegetation
503	protection and water-conserving landscaping, and the height and
504	appearance of structures and signage.
505	(b)  The appropriate elements to ensure implementation of a
506	master stormwater management plan.
507	(c)  The appropriate elements to ensure implementation of a
508	wastewater facility plan.
509	(d)  Land use strategies that optimize open space and
510	promote a pattern of development on a jurisdiction-wide basis
511	that protects the most effective recharge areas, karst features,
512	and sensitive natural habitats, including Sand Hill Scrub, Sand
513	Pine Scrub, and Xeric Oak Scrub. Such strategies shall recognize
514	property rights and the varying circumstances within the Wekiva
515	Study Area, including rural and urban land use patterns. Local
516	comprehensive plans shall map, using the best available data
517	from the St. Johns River Water Management District and the
518	Florida Fish and Wildlife Conservation Commission, the most
519	effective recharge areas and sensitive upland habitats for this
520	purpose. Land use strategies that optimize open space may
521	include, but are not limited to:
522	1.  Coordinated greenway plans.
523	2.  Dedication of conservation easements.
524	3.  Land acquisition.
525	4.  Clustering of development.
526	5.  Density credits and density incentives that result in
527	permanent protection of open space.
528	6.  An up-to-date 10-year water supply facility work plan
529	for building potable water facilities necessary to serve
530	existing and new developments and for which the local government
531	is responsible.
532	(2)  Land use strategies adopted under this section should
533	encourage the use of planned development initiatives and
534	encourage economically sustainable growth.
535	(3)  Comprehensive plans and comprehensive plan amendments
536	adopted by local governments to implement this section shall be
537	reviewed by the Department of Community Affairs pursuant to s.
538	163.3184 and shall be exempt from the provisions of s.
539	163.3187(1).
540	(4)  By January 1, 2007, each local government located
541	within the Wekiva Study Area shall adopt land development
542	regulations to implement the comprehensive plan amendments
543	required by this section.
544	(5)  During the period prior to the adoption of the
545	comprehensive plan amendments required by this section, any
546	local comprehensive plan amendment adopted by a city or county
547	that applies to land located within the Wekiva Study Area shall
548	protect surface water and groundwater resources and be reviewed
549	by the Department of Community Affairs, pursuant to Rule 9J-5,
550	Florida Administrative Code, using the best available data,
551	including the information presented to the Wekiva River Basin
552	Coordinating Committee.
553	369.322  Coordination of land use and water supply within
554	the Wekiva Study Area.--
555	(1)  In their review of local government comprehensive plan
556	amendments for property located within the Wekiva Study Area
557	pursuant to s. 163.3184, the Department of Community Affairs and
558	the St. Johns River Water Management District shall ensure that
559	amendments that increase development potential demonstrate that
560	adequate potable water consumptive use permit capacity is
561	available.
562	(2)  Local governments located within the Wekiva Study Area
563	shall coordinate with the St. Johns River Water Management
564	District and other public and private utilities, on a countywide
565	or multi-countywide basis, to implement cooperative solutions
566	for development of alternative water sources necessary to
567	supplement groundwater supplies consistent with the St. Johns
568	River Water Management District Regional Water Supply Plan.
569	369.323  Compliance.--Comprehensive plans and comprehensive
570	plan amendments adopted by the local governments shall be
571	reviewed for compliance by the Department of Community Affairs.
572	369.324  Wekiva River Basin Commission.--
573	(1)  The Wekiva River Basin Commission is created to
574	monitor and ensure the implementation of state, regional, and
575	local efforts with regard to the recommendations of the Wekiva
576	River Basin Coordinating Committee for the Wekiva Study Area.
577	The East Central Florida Regional Planning Council shall provide
578	staff support to the commission, and the Department of Community
579	Affairs shall provide funding assistance. The commission shall
580	be composed of a total of 19 members appointed by the Governor,
581	9 of whom shall be voting members and 10 of whom shall be ad hoc
582	nonvoting members.
583	(a)  The voting members shall include:
584	1.  One member of each of the Boards of County
585	Commissioners for Lake, Orange, and Seminole Counties.
586	2.  One municipal elected official to serve as a
587	representative of the municipalities located within the study
588	area of Lake County.
589	3.  One municipal elected official to serve as a
590	representative of the municipalities located within the study
591	area of Orange County.
592	4.  One municipal elected official to serve as a
593	representative of the municipalities located within the study
594	area of Seminole County.
595	5.  One citizen representing an environmental organization,
596	a conservation organization, or an agricultural entity, one
597	citizen representing a local property owner, and one at-large
598	citizen who shall serve as chair of the council.
599	(b)  The ad hoc nonvoting members shall include one
600	representative from each of the following entities:
601	1.  St. Johns River Water Management District.
602	2.  Department of Community Affairs.
603	3.  Department of Environmental Protection.
604	4.  Department of Health.
605	5.  Department of Agriculture and Consumer Services.
606	6.  Florida Fish and Wildlife Conservation Commission.
607	7.  Department of Transportation.
608	8.  MetroPlan Orlando.
609	9.  Orlando-Orange County Expressway Authority.
610	10.  Seminole County Expressway Authority.
611	(2)  Voting members shall serve 3-year, staggered terms and
612	shall serve without compensation but shall serve at the expense
613	of the entity they represent.
614	(3)  Meetings of the commission shall be held in Lake
615	County, Orange County, or Seminole County at the call of the
616	chair; however, the commission shall meet at least twice a year.
617	(4)  To assist the commission in its mission, the East
618	Central Florida Regional Planning Council, in coordination with
619	the applicable regional and state agencies, shall serve as a
620	clearinghouse of baseline or specialized studies through
621	modeling and simulation, including collecting and disseminating
622	data on the demographics, economics, and environment of the
623	Wekiva Study Area including the changing conditions of the
624	Wekiva River surface water and groundwater basin and associated
625	influence on the Wekiva River and Wekiwa Springs.
626	(5)  The commission shall report annually, no later than
627	December 31, to the Governor, the President of the Senate, the
628	Speaker of the House of Representatives, and the Department of
629	Community Affairs on the progress of the implementation of the
630	recommendations of the Wekiva River Basin Coordinating
631	Committee.
632	Section 2.  Paragraph (b) of subsection (1) of section
633	163.3184, Florida Statutes, is amended to read:
634	163.3184 Process for adoption of comprehensive plan or plan
635	amendment.--
636	(1)  DEFINITIONS.--As used in this section, the term:
637	(b)  "In compliance" means consistent with the requirements
638	of ss. 163.3177, 163.31776, when a local government adopts an
639	educational facilities element, 163.3178, 163.3180, 163.3191,
640	and 163.3245, with the state comprehensive plan, with the
641	appropriate strategic regional policy plan, and with chapter 9J-
642	5, Florida Administrative Code, where such rule is not
643	inconsistent with this part and with the principles for guiding
644	development in designated areas of critical state concern, and
645	with part III of chapter 369 where applicable.
646	Section 3.  New Garden Coal mitigation bank.--The
647	Legislature finds that establishing a mitigation bank under ss.
648	373.4135 and 373.4136, Florida Statutes, on the New Garden Coal
649	property would preserve that property without expending limited
650	public funds, thereby freeing up such funds for the purpose of
651	acquiring other properties as specified in this act. The
652	Legislature further finds that such mitigation bank would
653	generate mitigation credits that may offset adverse impacts
654	associated with the construction of the Wekiva Parkway.
655	Therefore, the St. Johns River Water Management District shall
656	review and take final agency action on any new or pending permit
657	application to establish a mitigation bank on the New Garden
658	Coal property. The mitigation service area as defined in s.
659	373.4136(6), Florida Statutes, for any mitigation bank proposed
660	on the New Garden Coal property shall include, at a minimum, the
661	Wekiva Study Area described in s. 369.316, Florida Statutes. In
662	determining the number of mitigation credits to award any
663	mitigation bank proposed on the New Garden Coal property, the
664	St. Johns River Water Management District shall, in addition to
665	the factors set forth in s. 373.4136(4), Florida Statutes,
666	consider the ecological value generated by preserving the New
667	Garden Coal property without the use of public funds, thereby
668	freeing up such funds to acquire other lands as specified in
669	this act.
670	Section 4.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.