HB 1333 2003
1	CHAMBER ACTION
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6	The Committee on Local Government & Veterans' Affairs recommends
7	the following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to growth management; amending s. 369.301,
13	F.S., renaming the Wekiva River Protection Act as the
14	Wekiva River and Springs Protection Act; creating s.
15	369.3011, F.S.; creating the Wekiva River Basin Planning
16	Act; providing legislative intent; finding that
17	recommendations of the Wekiva Basin Area Task Force should
18	be taken as a whole and implemented; providing that the
19	corridor recommended by the Wekiva Basin Area Task Force
20	be used for environmental and engineering studies;
21	providing criteria for location of the Wekiva Parkway and
22	other expressways; providing for the approval of the
23	alignment location by the Seminole County Expressway
24	Authority; providing principles for design and
25	construction of the Wekiva Parkway; providing objectives;
26	providing that certain agencies submit a report to the
27	Governor and Legislature recommending the appropriate
28	entity to operate the Wekiva Parkway; providing specific
29	components of said report; providing for the mitigation of
30	construction impacts; providing a limitation on the number
31	of interchanges; providing for the creation of a
32	stakeholder working group; providing for application of
33	certain principles to corridor selection, design, and
34	construction of the U.S. 441 bypass; providing for
35	recommendations from the working group; providing
36	legislative intent regarding the review of long-range
37	transportation improvement plans by certain local
38	governments; finding a decreased need to widen certain
39	rural two-lane roads; providing for application of certain
40	principles to future roadway improvements; providing a
41	compelling state interest and establishing the Wekiva
42	River Springshed Protection Area; finding it desirable to
43	establish an integrated transportation plan; prohibiting
44	finding it desirable to establish an integrated plan for
45	transportation, land use, and water resources; providing
46	an exemption for certain comprehensive plan amendments;
47	providing that permitting and construction not occur until
48	the completion of a springhead protection plan; providing
49	content requirements for certain plans; providing specific
50	considerations for interchange land use plans; defining
51	"rural character"; providing that the St. Johns River
52	Water Management District review certain regulatory
53	provisions to add specific criteria; providing priority to
54	certain land acquisition; providing for management of
55	certain lands by the appropriate state land management
56	agency; providing for stakeholder involvement in the
57	legislative and rulemaking processes; providing direction
58	to local governments regarding local decisionmaking;
59	providing legislative intent regarding the location of
60	regional transportation facilities; providing definitions;
61	providing for the designation of the Wekiva River
62	Springhead Protection Area and Integrated Planning Area;
63	providing comprehensive plan requirements for the Wekiva
64	River Springshed Protection Area; providing for
65	integration of future transportation, land use, and water
66	resource planning in the Wekiva Basin Area; providing
67	transportation requirements for the Wekiva Parkway;
68	providing for planning assistance to local governments;
69	providing for specific duties of the Department of
70	Agriculture and Consumer Services; amending s. 163.3187,
71	F.S.; providing requirements regarding comprehensive plan
72	amendments; creating s. 373.4155, F.S.; providing certain
73	duties of the St. Johns River Water Management District;
74	amending s. 373.139, F.S., relating to certain land
75	acquisition; amending s. 369.307, F.S., relating to
76	developments of regional impact; providing for repeal;
77	providing an effective date.
78
79	Be It Enacted by the Legislature of the State of Florida:
80
81	Section 1. Section 369.301, Florida Statutes, is amended
82	to read:
83	369.301 Popular nameShort title.—This part may be known
84	by the popular namecited as the "Wekiva River and Springs
85	Protection Act."
86	Section 2. Section 369.3011, Florida Statutes, is created
87	to read:
88	369.3011 Land use, transportation, and water resources
89	planning in the Wekiva River Basin.--
90	(1) POPULAR NAME.--This section may be known by the
91	popular name the "Wekiva River Basin Planning Act."
92	(2) LEGISLATIVE INTENT.--
93	(a) The Legislature recognizes the Wekiva River, its
94	tributaries, and its associated lands in central Florida as one
95	of the most valuable natural assets of the state. The Wekiva
96	River is a spring fed system which derives a majority of its
97	base flow from numerous springs whose source of water is the
98	Floridan Aquifer. The Wekiva River and its tributaries have been
99	designated an Outstanding Florida Water, a National Wild and
100	Scenic River, a Florida Wild and Scenic River, and a Florida
101	Aquatic Preserve.
102	(b) In 1988, the Legislature enacted the Wekiva River
103	Protection Act, codified in this part, to protect the resources
104	of the Wekiva River System. The Wekiva River Protection Act
105	delineates an area comprising portions of Lake, Orange, and
106	Seminole Counties as the Wekiva River Protection Area. Because
107	the majority of the groundwater recharge that supplies water to
108	the springs within the basin of the Wekiva River is located
109	outside the Wekiva River Protection Area, as delineated in part
110	II of chapter 369, no special protection currently exists for
111	critical groundwater recharge lands located outside the
112	protection area.
113	(c) The Legislature recognizes that population growth and
114	the future transportation and water resources needs of the
115	central Florida region must be balanced with protection of the
116	ecosystem of the Wekiva Basin Area and finds that these issues
117	are of legitimate and compelling state interest. The
118	Legislature, therefore, finds that the recommendations included
119	in the final report of the Wekiva Basin Area Task Force, dated
120	January 15, 2003, should be implemented. Specifically, the
121	Legislature makes the following findings:
122	1. The Legislature finds that the recommendations of the
123	Wekiva Basin Area Task Force included in its final report dated
124	January 15, 2003, should be taken as a whole. The Legislature
125	recognizes that each recommendation is complementary to the
126	others and that for any transportation corridor to be considered
127	in the Wekiva Basin Area, the recommendation related to the
128	corridor and the accompanying recommendations related to roadway
129	design features, springshed and wildlife habitat protection,
130	land use strategies, and land acquisition priorities must be
131	integrated into a unified plan of implementation.
132	2. The Legislature finds that task force recommendation 2
133	suitably guides the appropriate transportation agencies to use
134	the corridor depicted in its final report as figure 3,
135	“Recommended Corridor for the Wekiva Parkway,” for the purpose
136	of undertaking the environmental and engineering studies to
137	determine the precise alignment and shall be the policy of the
138	state. It is the intent of the Legislature that final alignment
139	of the Wekiva Parkway within Seminole County be subject to the
140	approval of the Seminole County Expressway Authority. It is the
141	intent of the Legislature that the Wekiva Parkway must be
142	planned in its entirety, rather than in phases. The Legislature
143	intends that in addition to using the project development and
144	environmental studies, the appropriate transportation agencies
145	should locate the Wekiva Parkway and other expressways in the
146	Wekiva Basin Area such that they:
147	a. Serve an identified long-term regional transportation
148	need.
149	b. Do not encourage or promote additional development from
150	already approved land uses.
151	c. Relieve or remove traffic demands on State Road 46 and
152	provide a north-south connection from State Road 46 to U.S. 441
153	with limited interchanges.
154	d. Minimize any impacts to habitat and species.
155	e. Minimize impacts on springshed and groundwater recharge
156	areas.
157	f. Minimize direct impacts to wetlands.
158	g. Avoid, or mitigate if required, impacts on conservation
159	lands and their proper management.
160	h. Seek to minimize the impacts on existing neighborhoods
161	and residential communities.
162	i. Follow, where feasible, existing road alignments
163	through environmentally sensitive areas.
164	j. Attempt to improve the connectivity of existing
165	wildlife corridors.
166	3. The Legislature finds that task force recommendation 3
167	suitably guides the appropriate transportation agencies to use
168	the following principles for designing and constructing the
169	Wekiva Parkway, new expressway connectors, and the expansion of
170	existing expressways in the Wekiva Basin Area:
171	a. Provide that all new expressways be fully limited
172	access, with interchanges.
173	b. Promote a parkway look with appropriate natural buffers
174	between the roadways and the adjacent areas.
175	c. Include the maximum provision for bridging through
176	strategically important wetlands.
177	d. Elevate the roadway and box culvert identified as
178	functionally significant wildlife corridors and provide
179	appropriate wildlife bridges with barriers to direct wildlife to
180	safe crossing points.
181	e. Design stormwater treatment facilities to minimize
182	habitat loss and promote restoration of impacted sites and
183	ensure capture and treatment of runoff from bridges over
184	Outstanding Florida Waters to Outstanding Florida Waters
185	standards.
186	f. Offer opportunities to view, understand, and access the
187	environmental uniqueness of the Wekiva River ecosystem.
188	g. Provide nonintrusive and minimal roadway and bridge
189	lighting in the Wekiva River Protection Area to support the
190	conservation of dark skies in the basin.
191	h. Incorporate safety and access design features to
192	promote the continuation of prescribed burning in the basin.
193	4. The Legislature finds that task force recommendation 4
194	suitably guides the design and construction of the Wekiva
195	Parkway and any new expressway connector in the Wekiva Basin
196	Area and that they shall accomplish the following:
197	a. Reduce hazards to wildlife by relocating County Road
198	46-A to tie into State Road 46 at the proposed State Road 46
199	interchange.
200	b. Close the portions of County Road 46-A that parallel
201	and duplicate State Road 46 east of the recommended relocation
202	and serve only the traffic necessary to provide local access to
203	property.
204	c. Elevate the Wekiva Parkway through the Wekiva River
205	Protection Area to the maximum extent feasible and have box
206	culverts and adequate barriers as often as practicable to
207	provide for adequate wildlife passages.
208	d. Close existing State Road 46 at an appropriate location
209	west of the Lake-Seminole County line so that the remaining
210	sections of State Road 46 continue to be open only to provide
211	local access to private properties and recreational and
212	conservation lands and prevent through traffic.
213
214	Where the at-grade portions of existing State Road 46 remain in
215	place to provide local access, there will be no need to provide
216	wildlife passages on this low-volume, low-speed service road.
217	5. The Legislature finds that task force recommendation 5
218	appropriately proposes that the Department of Transportation,
219	the Orlando-Orange County Expressway Authority, and the Seminole
220	County Expressway Authority consider the recommendations of the
221	task force and prepare a report to the Governor, the Speaker of
222	the House of Representatives, and President of the Senate of
223	their joint recommendations for the appropriate transportation
224	entities to operate the Wekiva Parkway. The report shall also
225	include joint recommendations on the following:
226	a. A funding plan that addresses the task force
227	recommendations, including those related to wider rights-of-way
228	to promote the parkway concept, preserve rural character, buffer
229	interchanges, and other design features.
230	b. Legislation to secure the authority required to acquire
231	private lands or development rights within the Wekiva River
232	Protection Area and the proposed Wekiva River Springshed
233	Protection Area in excess of that which is required for rights-
234	of-way and associated roadway construction.
235	6. The Legislature finds that task force recommendation 6
236	appropriately guides plans for mitigating impacts of the
237	construction of the Wekiva Parkway to ensure that, to the
238	maximum extent feasible, land acquisition and mitigation occur
239	prior to roadway construction, and mitigation occurs only within
240	the Wekiva River Protection Area, the Wekiva River Springshed
241	Protection Area Basin, or the Wekiva Basin Planning Area.
242	7. The Legislature finds that task force recommendation 7
243	appropriately limits the number of interchanges along the Wekiva
244	Parkway to five and guides their location as follows:
245	a. With respect to State Road 429 south of U.S. 441, the
246	most southerly interchange would occur south of U.S. 441 and
247	serve as a junction with the current State Road 429 to allow a
248	continuation of the route to the northwest and then north and
249	also to serve as a future connection to the proposed extension
250	to the Apopka bypass at Maitland Boulevard.
251	b. With respect to U.S. 441, an interchange would be
252	located where State Road 429 reaches U.S. 441.
253	c. Between U.S. 441 and State Road 46, a single
254	interchange would be located at an appropriate location and a
255	potential system connection to the proposed U.S. 441 bypass
256	would be located at a place to be determined by the appropriate
257	transportation agencies, in cooperation with local governments,
258	consistent with the guiding principles for corridor location, as
259	applicable. The ultimate location of the interchange and the
260	potential system connection must be reflected in the
261	transportation component of the sector plan developed pursuant
262	to recommendation 11.
263	d. With respect to State Road 46, an interchange would be
264	located at State Road 46 near the area where County Road 46-A
265	should be relocated.
266	e. With respect to Interstate 4, an interchange would be
267	located where the Wekiva Parkway reaches I-4 or State Road 417
268	in Seminole County, no farther north than the St. Johns River
269	Bridge and no farther south than the State Road 417 interchange
270	on I-4.
271	8. The Legislature finds that task force recommendation 8
272	appropriately calls for creation of a working group of
273	stakeholders of applicable local governments, transportation
274	agencies, environmental groups, citizen representatives, and
275	state and regional agencies to study the corridor for a new
276	limited access facility known as the U.S. 441 bypass to link the
277	Wekiva Parkway south of State Road 46 and west of the Wekiva
278	River Protection Area, to U.S. 441 to Lake and northwest Orange
279	Counties. The Legislature also finds that the principles
280	enumerated in subparagraphs 2., 3., and 4. should also be
281	applied to the corridor selection, design, and construction of
282	the U.S. 441 bypass. The U.S. 441 bypass shall be planned in its
283	entirety, rather than in phases. This working group should also
284	consider, evaluate, and make recommendations concerning the
285	potential capacity expansion of the other roadways in the Wekiva
286	Basin Area in light of the creation of a U.S. 441 bypass and the
287	Wekiva Parkway.
288	9. The Legislature finds that task force recommendation 9
289	appropriately recognizes that transportation agencies and local
290	governments in the Wekiva Basin area have plans to increase the
291	number of travel lanes on certain roadways located within the
292	Wekiva River Protection Area and within the recharge area for
293	the Wekiva River springshed. The Legislature intends that all
294	affected local governments review their long-range
295	transportation improvement plans in light of the task force
296	recommendations.
297	10. The Legislature finds that task force recommendation
298	10 appropriately guides transportation agencies to apply the
299	principles for locating, designing, and constructing the Wekiva
300	Parkway enumerated in subparagraphs 2., 3., and 4. to any future
301	improvements to State Road 44 through the Wekiva River
302	Protection Area or the Wekiva Springshed Protection Area.
303	11. The Legislature finds that task force recommendation
304	11 identifies a compelling state interest in protecting the
305	water resources in the Wekiva Basin Area, making it necessary to
306	establish a Wekiva River Springshed Protection Area to
307	complement the existing Wekiva River Protection Area. The
308	Legislature further finds that it is desirable to establish an
309	integrated plan for transportation, land use, and water
310	resources in the Wekiva Basin Area. It is the intent of the
311	Legislature that local governments with jurisdiction shall not
312	amend their comprehensive plans within the area to increase the
313	types, intensities, and densities of land uses, or to identify
314	or schedule new road improvements until such time as plan
315	amendments consistent with this act are adopted. The Legislature
316	finds that there is also a state interest in providing that plan
317	amendments within municipal boundaries that existed on January
318	15, 2003, and in areas where municipal services are already
319	provided or are scheduled to be provided in a 5-year capital
320	plan in effect on January 15, 2003, should be exempted from this
321	limitation. The Legislature also finds that plan amendments
322	needed to plan, design, engineer, and acquire the right-of-way
323	for the Wekiva Parkway and the U.S. 441 bypass should be
324	exempted from this limitation. The Legislature further finds
325	that the permitting and construction of the Wekiva Parkway and
326	the U.S. 441 bypass should not occur until the completion of a
327	springshed protection plan and the development of an integrated
328	plan to address future transportation, land use, and water
329	resource needs. It is the intent of the Legislature that the
330	integrated plan be a cooperative, coordinated effort with the
331	objectives of maintaining rural character and protecting
332	groundwater recharge. The Legislature does not intend that the
333	foregoing expressions of intent be construed to limit any local
334	government’s authority to implement its current comprehensive
335	plan, including the ability to provide services as provided in
336	the 5-year capital improvement element.
337	12. The Legislature finds that task force recommendation
338	12 appropriately guides the content requirements for protecting
339	the springshed and integrating transportation, land use, and
340	water resources planning, which content shall be as follows:
341	a. A detailed land use plan that does not exceed the
342	overall types, intensities, and densities of development now
343	permitted by the applicable local comprehensive plan within the
344	springshed area. However, flexibility is available to convert
345	between future land use categories, provided that provisions to
346	protect rural character and groundwater recharge are equal to or
347	greater than existing levels. The springshed sector plan may
348	include innovative and flexible planning techniques such as
349	performance standards for open space and impervious surface
350	coverage, clustering, transfer of development rights, and land
351	acquisition for the purposes of conservation, recreation, and
352	open space.
353	b. A detailed transportation plan that addresses, as
354	applicable, the Wekiva Parkway alignment, interchange locations,
355	and the need for any additional or expanded regional or local
356	roadways, including alignment and design and construction
357	features consistent with the task force recommendations. The
358	transportation plan should include an evaluation of any
359	programmed road improvements within or which might affect the
360	Springshed Protection Area and eliminate any improvements that
361	are inconsistent with maintaining rural character and protecting
362	groundwater recharge or which are made unnecessary by the Wekiva
363	Parkway.
364	c. Infrastructure planning, including best practices for
365	wastewater treatment and effluent disposal, and stormwater
366	management.
367	d. Land use strategies, development standards, and best
368	management practices for springshed and recharge protection
369	consistent with the Florida Springs: Land Use Strategies and
370	Best Management Practices Manual, dated December 2002, and the
371	definition of “rural character” included in subparagraph 14.
372	e. Provisions for nonregulatory programs to reduce
373	residential and other development rights such as conservation
374	easements, purchase of development rights, and transfer of
375	development rights.
376	f. Provisions requiring design standards for commercial
377	signs and associated advertising that reflect the rural
378	character of the area.
379	g. A program to encourage the inspection and maintenance
380	of existing septic systems and provide incentives for
381	installation of enhanced onsite treatment and disposal systems.
382	h. Interchange land use plans, as applicable. In addition
383	to the interchange planning requirements in subparagraph 13.,
384	the interchanges in the sector planning area are to include land
385	use strategies, development standards, and best management
386	practices to maintain rural character and protect groundwater
387	recharge.
388	13. The Legislature finds that task force recommendation
389	13 appropriately guides development of land use planning
390	requirements for each potential interchange recommended for the
391	Wekiva Parkway and that such plans should be adopted as an
392	amendment to the affected local government comprehensive plans.
393	The Legislature intends that interchange land use plans should
394	address appropriate land uses and compatible development,
395	secondary road access, access management, right-of-way
396	protection, vegetation protection and landscaping, signage, and
397	the height and appearance of structures. The Legislature also
398	intends that interchange land use plans will also direct
399	appropriate changes to land development regulations.
400	14. The Legislature finds that the task force
401	recommendation 14 aptly describes rural character as patterns of
402	land use:
403	a. Where the predomination of open space, agricultural and
404	silvicultural lands, the natural landscape, and vegetation over
405	the built environment.
406	b. That foster traditional rural lifestyles, support
407	rural-based economies such as agriculture, timber, ecotourism,
408	and aquaculture, and provide opportunities to both live and work
409	in rural areas.
410	c. That provide visual landscapes associated with rural
411	areas and rural communities.
412	d. That are compatible with the use of the land by
413	wildlife and are consistent with the protection of the quality
414	and quantity of water resources, including natural surface water
415	flows and groundwater recharge and discharge areas.
416	15. The Legislature finds that task force recommendation
417	15 appropriately guides the development of new permitting
418	criteria to be applied by the St. Johns River Water Management
419	District in the Wekiva Springshed Protection Area through its
420	existing permit programs governing management and storage of
421	surface waters and environmental resource permits under part IV
422	of chapter 373, and consumptive uses of water under part II of
423	chapter 373. The Legislature intends that the district review
424	its existing rules to determine the appropriateness of adding
425	specific criteria to achieve the following goals:
426	a. The equalization of predevelopment and postdevelopment
427	recharge rates for each permitted system so that no loss of
428	recharge occurs.
429	b. The construction of retention/detention systems in a
430	manner designed to minimize losses of water due to
431	evapotranspiration.
432	c. The limitation of impervious surfaces to a density and
433	spatial distribution within each permitted project necessary to
434	maximize recharge rates.
435	d. The inclusion of features in projects involving the
436	redevelopment of existing developed sites to reestablish
437	recharge at rates which, as nearly as practicable, match the
438	recharge rates at the site existing prior to disturbance by any
439	development.
440	e. The use of landscape components, such as xeriscape,
441	which minimize the need for irrigation in projects that involve
442	landscaping.
443	f. The encouragement of the use of reclaimed water use to
444	the greatest extent practicable for irrigation purposes.
445	g. New consumptive uses of water within the protection
446	area should not increase withdrawals such that minimum flow
447	levels for the Wekiva River springs established in rule 40-C-8,
448	Florida Administrative Code, are not maintained.
449	h. The limitation of impacts of nitrate fertilizers
450	through best management practices.
451	i. The appropriate lowering of thresholds for consumptive
452	use permits necessary to achieve the other goals established in
453	sub-subparagraphs a.-h.
454	j. The appropriate lowering of thresholds for surface
455	water management permits necessary to achieve the other goals
456	established in sub-subparagraphs a.-h.
457	k. The requirement of concurrent approval of environmental
458	resource permits and surface water management permits and any
459	related consumptive use permits.
460	16. The Legislature finds that task force recommendation
461	16 appropriately guides the state to use all means at its
462	disposal to complete the acquisition of the Wekiva-Ocala
463	Greenway Florida Forever Project. It is the intent of the
464	Legislature that the highest priority be given to completing the
465	acquisition of the following specific parcels prior to
466	construction associated with the Wekiva Parkway and U.S. 441
467	bypass:
468	a. Neighborhood lakes.
469	b. Seminole Woods/Swamp.
470	c. New Garden Coal.
471	d. Pine Plantation.
472
473	It is also the intent of the Legislature that efforts should be
474	made to identify and acquire additional lands located within the
475	Wekiva River Springs recharge area. To the maximum extent
476	feasible, these lands shall be managed as part of the Florida
477	State Park System or by another appropriate state land
478	management agency.
479	17. The Legislature finds that task force recommendation
480	17 outlines a sound process for implementation of the
481	recommendations. The Legislature also finds that both the
482	legislative and rulemaking processes provide adequate
483	opportunities for involvement by stakeholders in the development
484	of public policy related to the Wekiva Basin Area. Further, the
485	Legislature finds that the nature of the ecosystem in the Wekiva
486	Basin dictates adoption of legislative direction for planning to
487	integrate future transportation, land use, and water resources
488	in the Wekiva Basin Area and rulemaking by affected agencies to
489	implement this act.
490	(d) The Legislature finds that in addition to the issues
491	of legitimate and compelling state interest related to
492	protecting natural resources and meeting the future
493	transportation needs in and near the Wekiva Basin Area, there
494	exists a state interest in respecting and recognizing judicially
495	acknowledged or constitutionally protected property rights. It
496	is the intent of the Legislature that county and municipal
497	governments with jurisdiction establish policies to guide and
498	coordinate local decisions relating to growth and development in
499	the Wekiva Basin Area and implement their decisions without
500	imposing undue restrictions on private property rights in
501	violation of the laws and constitutions of this state and of the
502	United States. Further, the Legislature recognizes sensitivity
503	to private property rights as stated in s. 163.3167(8), and it
504	is not the intent of the Legislature to limit or modify rights
505	of any person to complete any development that has been
506	authorized as a development of regional impact pursuant to
507	chapter 380 or who has been issued a final local development
508	order and development has commenced and is continuing in good
509	faith as of July 1, 2003.
510	(e) The Legislature finds that protection of groundwater
511	that recharges the springs connected to the Wekiva River is
512	crucial to the long-term viability of the Wekiva River ecosystem
513	and the region's water supply. The volume of groundwater moving
514	toward discharge to form the Wekiva River springs system has
515	diminished over time, given withdrawals of water for consumptive
516	use and loss of recharge due to land development trends. The
517	Water Needs and Sources Assessment indicates that the Wekiva
518	Basin is located in a priority water resource caution area,
519	indicating that water supply problems are projected to become
520	critical by 2010 and if projected water use were permitted it
521	may result in unacceptable impacts to natural systems and
522	groundwater quality, including decline in the water table
523	affecting wetland vegetation and reduced spring flows. The St.
524	Johns Water Management District projects that if projected water
525	use were permitted it would result in a 20-percent reduction in
526	spring flows by the year 2020.
527	(f) The Legislature finds that the water resources and
528	ecosystems of the Wekiva River Basin and the associated
529	springshed areas that sustain the spring-fed Wekiva River and
530	tributaries are of irreplaceable value to the quality of life
531	and well-being of the people of the state. The Legislature
532	further finds that greater intensities of development
533	facilitated by the construction of major transportation
534	facilities through the Wekiva River Basin and associated
535	springshed areas present serious threats to the continuing
536	existence of the hydrological functions of the springs. It is
537	the intent of the Legislature that regional transportation
538	facilities be located, designed, and constructed in a manner
539	that ensures the protection of the Wekiva River Basin Ecosystem.
540	To accomplish these purposes, the Legislature directs that the
541	completion of transportation improvements, including, but not
542	limited to, the Wekiva River Parkway and U.S. 441 bypass, be
543	accomplished in the context of a well-coordinated plan which
544	simultaneously ensures that the natural resources of the Wekiva
545	Basin and springshed are protected against adverse impacts.
546	(3) DEFINITIONS.--As used in this section, the term:
547	(a) "Rural character" means characterized by a pattern of
548	land use in which open space, agricultural and silvicultural
549	lands, the natural landscape, and vegetation predominate over
550	the urban environment; that fosters traditional rural
551	lifestyles, supports rural-based economies such as agriculture,
552	timber, ecotourism, recreational opportunities, and aquaculture,
553	and provides opportunities to both live and work in rural areas
554	that encourages innovative development and clustering of
555	housing; that provides visual landscapes associated with rural
556	areas and rural communities; and that is compatible with the use
557	of the land by wildlife and consistent with the protection of
558	the quality and quantity of water resources, including natural
559	surface water flows and groundwater recharge and discharge
560	areas.
561	(b) “Springshed” means the geographic area that
562	contributes groundwater and surface water to spring flows.
563	(c) “U.S. 441 bypass” means a system connector designed and
564	constructed as part of Metro-Orlando Beltway system that links
565	the Wekiva Parkway south of State Road 46 and west of the Wekiva
566	River Protection Area to U.S. 44I in Lake and northwest Orange
567	Counties.
568	(d) “Wekiva Parkway” means any highway, interstate
569	connector, or expressway connector, constructed between State
570	Road 429 and Interstate 4.
571	(4) DESIGNATION OF THE WEKIVA RIVER SPRINGSHED PROTECTION
572	AREA AND INTEGRATED PLANNING AREA.--
573	(a) The Governor and Cabinet, sitting as the
574	Administration Commission, shall establish a Wekiva River
575	Springshed Protection Area, which shall complement the Wekiva
576	River Protection Area as defined in s. 369.303(9). The Governor
577	and Cabinet shall also establish, within the Wekiva River
578	Springshed Protection Area, an area within which the state land
579	planning agency shall coordinate and integrate planning for
580	future transportation, land use, and water resources needs among
581	affected local governments. Before September 30, 2003, the state
582	land planning agency shall give notice of negotiated rulemaking,
583	pursuant to s. 120.54(2)(d), to define the proposed boundaries
584	for the Wekiva River Springshed Protection Area and the
585	integrated planning area.
586	(b) The state land planning agency shall consider the
587	following criteria when recommending the boundary for the Wekiva
588	River Springshed Protection Area:
589	1. The Wekiva River Springshed Protection Area must
590	encompass an area equivalent to or less than the Wekiva River
591	Springshed.
592	2. The best available data from the St. Johns River Water
593	Management District, the Department of Environmental Protection,
594	and other sources regarding significant recharge areas, the
595	surface water basin, areas of Floridan aquifer vulnerability,
596	Priority Water Resource Caution Areas, and areas that contain
597	special features such as sinks, depressions, and stream-to-sink
598	features.
599	3. Predictability and uniformity of implementation, such
600	as aligning boundaries with recognizable geographic features
601	that are not subject to change.
602	(c) The state land planning agency shall consider the
603	following criteria when recommending the boundary for the area
604	within which it shall coordinate and integrate planning for
605	future transportation, land use, and water resources needs among
606	affected local governments:
607	1. The integrated planning area may not encompass an area
608	larger than the Wekiva River Springshed Protection Area.
609	2. Areas where development patterns will be affected by
610	the construction and related mitigation of the Wekiva Parkway
611	and the U.S. 441 bypass.
612	3. Proximity to the Wekiva River Protection Area and the
613	existing compatibility of adjacent land uses.
614	4. Existing areas designated as sending and receiving
615	areas for transfer of development rights programs.
616	5. Areas subject to joint planning agreements.
617	6. Urban service boundaries and municipal service areas
618	established in local comprehensive plans.
619	(d) Within 45 days after receipt of the recommended
620	boundaries, the Governor and Cabinet, sitting as the
621	Administration Commission, shall adopt, modify, or reject the
622	recommendation and shall by rule establish the definitive
623	boundaries of the Wekiva River Springshed Protection Area and
624	the integrated planning area.
625	(5) COMPREHENSIVE PLAN REQUIREMENTS FOR THE WEKIVA RIVER
626	SPRINGSHED PROTECTION AREA.--
627	(a) Those local governments located within the Wekiva
628	River Springshed Protection Area shall amend their respective
629	comprehensive plans to include land use strategies, development
630	controls, and best management practices to ensure protection of
631	the springshed from incompatible land uses and land use
632	activities that may adversely impact the Wekiva River
633	Springshed’s water quality; water quantity; visual, economic,
634	and recreational qualities; and other characteristics. Land use
635	strategies, development controls, and best-management practices
636	are to apply throughout the Wekiva River Springshed Protection
637	Area.
638	(b) The state land planning agency shall adopt minimum
639	requirements for land use strategies, development controls, and
640	best management practices through negotiated rulemaking pursuant
641	to s. 120.54(2)(d). The rules for the land use strategies and
642	development standards shall protect the quality and quantity of
643	recharge that replenishes the Floridan aquifer and maintain
644	spring flows. Best management practices shall mitigate land use
645	impacts consistent with Protecting Florida Springs: Land Use
646	Strategies and Best Management Practices, published by the
647	Departments of Community Affairs and Environmental Protection,
648	dated December 2002, and this act.
649	(c) Minimum requirements for land use and development
650	standards adopted by the state land planning agency shall
651	address the following:
652	1. Providing for appropriate drainage, wastewater
653	treatment, and water supply to support new or existing
654	development.
655	2. Encouraging the location of low-impact land uses near
656	the springs and in areas of high recharge. Low-impact land uses
657	include preservation, conservation, recreation, unimproved
658	rangeland, silviculture, and rural residential.
659	3. Minimizing impervious surfaces to reduce runoff and
660	retain recharge.
661	4. Maintaining open space and natural recharge areas to
662	protect groundwater resources and wildlife habitat through
663	performance standards for open space and impervious surface
664	coverage, clustering, transfer of land use credits or
665	development rights, and land acquisition, purchase of
666	development rights, and conservation easements.
667	5. Managing stormwater impacts to reduce runoff and
668	maintain water quality of recharge.
669	6. Providing enhanced wastewater treatment for septic
670	tanks, central treatment systems, and a septic tank maintenance
671	program.
672	7. Using landscape design and maintenance to reduce
673	impacts from chemicals and conserve water resources, including
674	golf course design and maintenance.
675	8. Siting, constructing, and maintaining golf courses
676	using special management zones, best management practices,
677	integrated pest management, and a natural resource management
678	plan to prevent, manage, and monitor potential impacts to water
679	resources.
680	9. Adopting local programs for public education,
681	partnerships with property owners, consideration of land use or
682	development rights acquisition, cooperative management of
683	publicly owned lands, economic development, and ecotourism.
684	(d) Within 1 year after the designation of the Wekiva
685	River Springshed Protection Area, or as part of any
686	comprehensive plan amendment that proposes to increase the
687	density or intensity of use within the Wekiva River Springshed
688	Protection Area, a local government must adopt the comprehensive
689	plan amendments required by this subsection. A local government
690	may not amend its comprehensive plan thereafter unless it has
691	adopted the required comprehensive plan amendments. The
692	Administration Commission may impose the sanctions provided by
693	s. 163.3184(11) against any local government that fails to adopt
694	the required comprehensive plan amendments, using the procedure
695	in s. 163.3191(11). All existing local governments are required
696	to adopt the comprehensive plan amendments required by this
697	subsection as amendments to their respective comprehensive
698	plans. All municipalities incorporated within the Wekiva River
699	Springshed Protection Area after July 1, 2003, shall include
700	applicable portions of the comprehensive plan amendments
701	required by this subsection in the initial transmittal and
702	adoption of its local government comprehensive plan.
703	(e) In its review of revised comprehensive plans submitted
704	after the due date described in this subsection, and in its
705	review of comprehensive plan amendments submitted after those
706	due dates, the state land planning agency shall review the local
707	comprehensive plans, and any amendments, which are applicable to
708	portions of the Wekiva River Springshed Protection Area for
709	compliance with the provisions of this subsection in addition to
710	its review of local comprehensive plans and amendments for
711	compliance as defined in s. 163.3184; and all the procedures and
712	penalties described in s. 163.3184 shall be applicable to this
713	review.
714	(6) INTEGRATION OF FUTURE TRANSPORTATION, LAND USE, AND
715	WATER RESOURCE PLANNING IN THE WEKIVA BASIN AREA.--
716	(a) By September 30, 2003, the state land planning agency
717	shall give notice of proposed rulemaking pursuant to s.
718	120.54(2)(d) to establish minimum criteria integration of future
719	transportation, land use, and water resource planning in the
720	integrated planning area designated by the Governor and Cabinet.
721	These requirements shall address the following:
722	1. A detailed land use plan that does not exceed the
723	overall types, intensities, and densities of development now
724	permitted by the applicable local comprehensive plan as of July
725	1, 2003. However, flexibility is available to convert between
726	land use categories when provisions are established to protect
727	rural character, where appropriate. The land use plan adopted by
728	the respective jurisdictions may include the establishment of
729	reasonable urban growth boundaries for existing municipalities
730	in the area. As a component of the land use plan, a local
731	government shall have the option to investigate the economic and
732	other benefits that might be derived from the establishment of a
733	rural land stewardship area pursuant to s. 163.3177(11)(d). As
734	part of this investigation, a local government shall have the
735	flexibility to consider application of the stewardship concept
736	that may be better suited to local circumstances. If deemed
737	beneficial, a rural land stewardship area should be established
738	by the local government.
739	2. A transportation plan that addresses, as applicable,
740	the Wekiva Parkway alignments, interchange locations, and the
741	need for any additional or expanded expressways, including
742	alignment, interchange locations, and design and construction
743	features. The transportation plan should include an evaluation
744	of any programmed road improvements within or which might affect
745	the Wekiva River Protection Area and Wekiva River Springs
746	Protection Area and eliminate any improvements that are
747	inconsistent with maintaining rural character, where
748	appropriate, or protecting groundwater recharge, or that are
749	made unnecessary by the Wekiva Parkway or the U.S. 441 bypass.
750	3. Infrastructure planning, including best management
751	practices and incentives for enhanced wastewater treatment and
752	effluent disposal; stormwater management, including programs
753	establishing incentives and/or regulations for the inspection
754	and maintenance of existing onsite treatment and disposal
755	systems; and for the installation of enhanced onsite treatment
756	and disposal systems.
757	4. Provisions requiring design standards for commercial
758	and other signage that are compatible with and reflect the
759	character of the area.
760	5. Interchange land use plans, as applicable, including
761	provisions for land use planning requirements for each of the
762	interchanges associated with the Wekiva Parkway, including land
763	use strategies and development standards to maintain, where
764	appropriate, rural character and to protect groundwater
765	resources. The interchange land use plans or any other plans for
766	additional expressways must address appropriate land uses and
767	compatible development, secondary road access, access
768	management, right-of-way protection, vegetative protection and
769	landscaping, signage, and the height and appearance of
770	structures.
771	(b) During the period of time between July 1, 2003, and
772	the designation of the integrated planning area by the
773	Administration Commission, a local government with jurisdiction
774	shall not amend its comprehensive plan in the following areas
775	within Lake County and Orange County: Township 18 South, Range
776	27 East, Sections 22-27, 34-36; and Township 18 South, Range 28
777	East, Section 19-22, 27-34; and Township 19 South, Range 27
778	East, Section 1-3, 10-15, 23-26, 35, 36; and Township 19 south,
779	Range 28 East, Section 3-10, 15-22, 27-34; and Township 20
780	South, Range 27 East, Sections 1, 2, 11-14, 23-26, 35, 36; and
781	Township 20 South, Range 28 East, Sections 3-10, 15-22, less and
782	except those lands located in a joint planning area defined by a
783	county and municipality as of July 1, 2003, and less and except
784	those lands located in the Wekiva River Protection Area defined
785	in s. 369.303(9).
786	(c) Notwithstanding paragraph (b), a municipality may
787	amend its plan:
788	1. Within its corporate boundaries as they existed on
789	January 15, 2003.
790	2. In areas where municipal services are already provided
791	or are scheduled to be provided in a 5-year capital plan in
792	effect on January 15, 2003.
793	3. As needed to plan, design, engineer, and acquire the
794	right-of-way for the Wekiva Parkway or the U.S. 441 bypass.
795
796	This act shall not be construed to limit any local government’s
797	authority to implement its current comprehensive plan, including
798	the ability to provide services as provided in the 5-year
799	capital improvement element.
800	(d) Within 1 year after the designation of the integrated
801	planning area, or as part of any comprehensive plan amendment
802	that proposes to increase the density or intensity of use within
803	the integrated planning area, a local government must adopt the
804	comprehensive plan amendments required by this subsection. A
805	local government may not amend its comprehensive plan thereafter
806	unless it has adopted the required plan amendments. The
807	Administration Commission may impose the sanctions provided in
808	s. 163.3184(11) against any local government that fails to adopt
809	the required comprehensive plan amendments, using the procedure
810	in s. 163.3191(11). All existing local governments are required
811	to adopt the comprehensive plan amendments required by this
812	subsection as amendments to their respective comprehensive
813	plans. All municipalities incorporated within the integrated
814	planning area after July 1, 2003, shall include applicable
815	portions of the comprehensive plan amendments required by this
816	subsection in the initial transmittal and adoption of its local
817	government comprehensive plan.
818	(e) In its review of revised comprehensive plans after the
819	due date described in this subsection, and in its review of
820	comprehensive plan amendments after those due dates, the state
821	land planning agency shall review the local comprehensive plans
822	and any amendments that are applicable to portions of the
823	integrated planning area for compliance with the provisions of
824	this subsection in addition to its review of local comprehensive
825	plans and amendments for compliance as defined in s. 163.3184;
826	and all the procedures and penalties described in s. 163.3184
827	shall be applicable to this review.
828	(f) As part of the integrated planning process for future
829	transportation, land use, and water resources, the state land
830	planning agency and local governments with jurisdiction are
831	encouraged to consider issues of compatibility of the integrated
832	planning area with the Wekiva River Protection Area as
833	designated in part II of chapter 369. By September 15, 2004, the
834	state land planning agency shall report to the Governor, the
835	President of the Senate, and the Speaker of the House of
836	Representatives any land use compatibility issues with respect
837	to the Wekiva River Protection Area, including recommendations
838	to address any identified compatibility issues.
839	(7) TRANSPORTATION REQUIREMENTS FOR THE WEKIVA PARKWAY.--
840	(a) The Department of Transportation, in collaboration
841	with the Turnpike Enterprise, the Orlando-Orange County
842	Expressway Authority, and the Seminole County Expressway
843	Authority, shall, by September 15, 2004, provide to the Governor
844	and the President of the Senate and the Speaker of the House of
845	Representatives a report of their joint recommendations to
846	implement the Wekiva Basin Area task force recommendations in
847	its final report dated January 15, 2003. The report shall also
848	include the agencies’ joint recommendations on the following:
849	1. The choice of a lead agency to build the Wekiva Parkway
850	and the respective roles of other transportation agencies,
851	authorities, and enterprises.
852	2. A funding plan for locating, designing, and
853	constructing the Wekiva Parkway that addresses the task force
854	recommendations related to wider rights-of-way to promote the
855	parkway concept, preserve rural character, buffer interchanges,
856	and other design features.
857	3. Any legislation needed to secure the authority needed
858	to acquire private lands or development rights within the Wekiva
859	River Protection Area or the Wekiva River Springshed Protection
860	Area in excess of that which is required for right-of-way and
861	associated roadway construction.
862	(b) The Orlando-Orange County Expressway Authority, the
863	Seminole County Expressway Authority, the Department of
864	Transportation, and the turnpike enterprise shall locate the
865	precise corridor and interchanges for the Wekiva Parkway
866	consistent with the legislative intent expressed in this act.
867	(c) No authority created under chapters 334, 338, and 348
868	shall have power to construct the Wekiva Parkway or to construct
869	or expand another expressway or limited access facility within
870	the Wekiva River Protection Area or the Wekiva River Springshed
871	Protection Area until the Wekiva River Springshed Protection
872	Area comprehensive plan requirements and the integrated future
873	transportation, land use, and water resources comprehensive plan
874	requirements are adopted pursuant to this section.
875
876	Notwithstanding the foregoing, should a local government fail to
877	timely and appropriately adopt plan amendments required by this
878	section, it shall be subject to the imposition of sanctions by
879	the Administration Commission, and such failure alone shall not
880	preclude construction of the Wekiva Parkway.
881	(9) PLANNING ASSISTANCE TO LOCAL GOVERNMENTS.--The state
882	land planning agency and appropriate state and regional agencies
883	shall provide planning assistance to the affected local
884	governments in the development of comprehensive plan amendments
885	to meet the requirements of this act. The state land planning
886	agency, with the support of the Department of Environmental
887	Protection, the Department of Agriculture and Consumer Services,
888	and the St. Johns River Water Management District, shall develop
889	model land development regulations for the implementation of
890	this act. The state land planning agency is authorized to
891	prioritize the expenditure of funds appropriated for the purpose
892	of providing technical assistance to local governments to those
893	local governments with jurisdiction in the Wekiva River
894	Springshed Protection Area.
895	(10) DUTIES OF THE DEPARTMENT OF AGRICULTURE AND CONSUMER
896	SERVICES.--The Department of Agriculture and Consumer Services
897	shall assist local governments in implementing this section and
898	local governments shall consult with said department to
899	determine if agricultural best management practices should be
900	included in the comprehensive plan. Following consultation with
901	a local government, any agricultural best management practices
902	to be included in a comprehensive plan amendment shall be
903	developed by the Department of Agriculture and Consumer
904	Services.
905	Section 3. Paragraph (m) is added to subsection (1) of
906	section 163.3187, Florida Statutes, to read:
907	163.3187 Amendment of adopted comprehensive plan.--
908	(1) Amendments to comprehensive plans adopted pursuant to
909	this part may be made not more than two times during any
910	calendar year, except:
911	(m) Any comprehensive plan amendment related to the
912	implementation of the Wekiva River Basin Planning Act, pursuant
913	to s. 369.3011.
914	Section 4. Section 373.4155, Florida Statutes, is created
915	to read:
916	373.4155 Duties of the St. Johns River Water Management
917	District regarding springshed protection.--Within 90 days after
918	the adoption of a final boundary of the Wekiva River Springshed
919	Protection Area by the Administration Commission pursuant to s.
920	369.3011, the St. Johns River Water Management District shall
921	publish notice of proposed rule amendments to consider
922	implementation consistent with this act.
923	Section 5. Section 381.0069, Florida Statutes, is created
924	to read:
925	381.0069 Wekiva River Springshed Protection Area.--Within
926	3 years after the adoption of a final boundary of the Wekiva
927	River Springshed Protection Area by the Administration
928	Commission pursuant to s. 163.3247, the Department of Health,
929	with assistance from the Department of Environmental Protection,
930	shall develop a program to encourage and provide incentives for
931	the inspection and maintenance of onsite wastewater treatment
932	and disposal systems and for the installation of enhanced onsite
933	treatment and disposal systems within the Wekiva River
934	Springshed Protection Area.
935	Section 6. Subsection (8) is added to section 373.139,
936	Florida Statutes, to read:
937	373.139 Acquisition of real property.--
938	(8) The St. Johns River Water Management District is
939	encouraged to pursue purchase of lands and development rights on
940	lands in the Wekiva Basin Area that contribute surface water and
941	groundwater to spring flow as a means to protect the Wekiva
942	River Springs through a reduction of developable unit density.
943	Section 7. Subsection (5) of section 369.307, Florida
944	Statutes, is amended to read:
945	369.307 Developments of Regional Impact in the Wekiva
946	River Protection Area; land acquisition.--
947	(5) The Department of Environmental Protection is directed
948	to proceed to negotiate for acquisition of conservation and
949	recreation lands projects within the Wekiva River Protection
950	Area provided that such projects have been deemed qualified
951	under statutory and rule criteria for purchase and have been
952	placed on the priority list for acquisition by the advisory
953	council created in s. 259.035 or its successor. Agencies are
954	encouraged to use all means at their disposal for completing the
955	acquisition of the Wekiva-Ocala Greenway Florida Forever
956	Project. Efforts should be made to identify and acquire
957	additional lands in the Wekiva River Springshed Protection Area
958	and Wekiva River Protection Area, including efforts to protect
959	agricultural and environmentally sensitive lands through the
960	purchase of easements as provided in ss. 570.70 and 570.71.
961	Agencies are encouraged to pursue binding purchase agreements
962	for the acquisition of properties identified in s.
963	369.3011(2)(c)16., to the greatest extent practicable, prior to
964	the commencement of construction of the Wekiva Parkway, the U.S.
965	441 bypass, or any other expressways or limited-access roads
966	within the Wekiva River Springshed Protection Area or Wekiva
967	River Protection Area.
968	Section 8. This act shall stand repealed effective July 1,
969	2008, unless purchase of the right-of-way for the Wekiva Parkway
970	has been completed.
971	Section 9. This act shall take effect July 1, 2003.