SENATE AMENDMENT
Bill No. SB 1956
Amendment No. 1 Barcode 673358
CHAMBER ACTION
Senate House
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11 The Committee on Natural Resources recommended the following
12 amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Paragraph (b) of subsection (1) of section
19 163.3184, Florida Statutes, is amended to read:
20 163.3184 Process for adoption of comprehensive plan or
21 plan amendment.--
22 (1) DEFINITIONS.--As used in this section, the term:
23 (b) "In compliance" means consistent with the
24 requirements of ss. 163.3177, 163.31776, when a local
25 government adopts an educational facilities element, 163.3178,
26 163.3180, 163.3191, and 163.3245, and 163.3247, with the state
27 comprehensive plan, with the appropriate strategic regional
28 policy plan, and with chapter 9J-5, Florida Administrative
29 Code, where such rule is not inconsistent with this part and
30 with the principles for guiding development in designated
31 areas of critical state concern.
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1 Section 2. Section 163.3247, Florida Statutes, is
2 created to read:
3 163.3247 Wekiva River Springs Protection.--
4 (1) SHORT TITLE.--This section may be cited as the
5 "Wekiva Preserve and Parkway Act."
6 (2) LEGISLATIVE INTENT.--
7 (a) The Legislature recognizes the Wekiva River and
8 its tributaries, along with the St. Johns River and associated
9 lands in central Florida, as one of the most valuable natural
10 assets of the state. The Wekiva River and its tributaries have
11 been designated an Outstanding Florida Water, a National Wild
12 and Scenic River, a Florida Wild and Scenic River, and a
13 Florida Aquatic Preserve.
14 (b) In 1988, the Legislature enacted the Wekiva River
15 Protection Act, codified in part II of chapter 369, to protect
16 the resources of the Wekiva River Basin. The Wekiva River
17 Protection Act delineates an area comprising portions of Lake,
18 Orange, and Seminole Counties as the Wekiva River Protection
19 Area.
20 (c) The Wekiva River is a spring-fed system associated
21 with 19 second-magnitude and third-magnitude springs and at
22 least eight smaller springs. The Legislature recognizes that
23 a spring is only as healthy as its groundwater recharge basin.
24 The groundwater that feeds springs is recharged by seepage
25 from the surface and through direct conduits such as
26 sinkholes. Because of this, the health of the spring systems
27 is directly influenced by activities and land uses within the
28 spring recharge basin.
29 (d) Protection of groundwater that recharges the
30 springs connected to the Wekiva River is crucial to the
31 long-term viability of the Wekiva River ecosystem and the
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SENATE AMENDMENT
Bill No. SB 1956
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1 region's water supply. The volume of groundwater moving toward
2 discharge to form the Wekiva River spring system has
3 diminished over time, given withdrawals of water for
4 consumptive use and loss of recharge due to land development
5 trends. The Water Needs and Sources Assessment indicates that
6 the Wekiva Basin is located in a Priority Water Resource
7 Caution Area, indicating that water supply problems are
8 projected to become critical by 2010 and projected water use
9 may result in unacceptable impacts to natural systems and
10 groundwater quality, including decline in the water table
11 affecting wetland vegetation and reduced spring flows. The St.
12 Johns Water Management District projects a 20-percent
13 reduction in spring flows by the year 2020.
14 (e) Because the majority of the groundwater recharge
15 basin of the Wekiva River is located outside the Wekiva River
16 Protection Area as delineated in part II of chapter 369, no
17 special protection currently exists for critical groundwater
18 recharge lands.
19 (f) The Legislature finds that the water resources and
20 ecosystems of the Wekiva River Basin and the associated
21 springshed areas that sustain the spring-fed Wekiva River and
22 tributaries are of irreplaceable value to the quality of life
23 and well-being of the people of the State of Florida. The
24 Legislature further finds that greater intensities of
25 development facilitated by the construction of major
26 transportation facilities through the Wekiva River Basin and
27 associated springshed areas present serious threats to the
28 continuing existence of the hydrological functions of the
29 springs. It is the intent of the Legislature that regional
30 transportation facilities be located, designed, and
31 constructed in a manner that assures the protection of the
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Bill No. SB 1956
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1 Wekiva River Ecosystem, including its vital springshed areas.
2 To accomplish these purposes, the Legislature directs that the
3 completion of transportation improvements, including but not
4 limited to the Wekiva Parkway be accomplished in the context
5 of a well-coordinated plan which simultaneously assures that
6 the natural resources of the Wekiva Basin and springshed are
7 protected against adverse impacts, such as the framework
8 recommended by the Wekiva Basin Area Task Force in its Final
9 Report, dated January 15, 2003.
10 (g) The Legislature intends that local governments
11 within the Wekiva River Springs Protection Area defined by
12 this section shall amend their comprehensive plans to include
13 land use strategies, development controls, and best-management
14 practices to ensure the protection of the springs system of
15 the Wekiva River and its tributaries consistent with
16 recommendations of the Wekiva Basin Area Task Force in its
17 Final Report, dated January 15, 2003. The Legislature further
18 intends that local governments shall amend their comprehensive
19 plans to include a Wekiva Sector Plan designed to protect the
20 springshed and rural character of the Sector Planning Area
21 defined by this section. It is the intent of the Legislature
22 for sector planning to be a cooperative, coordinated effort
23 including counties and municipalities. It is the intent of the
24 Legislature that best management practices adopted by local
25 governments be consistent with those included in "Florida
26 Springs: Land Use Strategies and Best Management Practices",
27 dated December 2002. It is also the intent of the Legislature
28 that any agricultural best management practices included in a
29 local government comprehensive plan shall be developed and
30 adopted by the Florida Department of Agriculture and Consumer
31 Services.
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1 (3) DEFINITIONS.--As used in this section, the term:
2 (a) "Significant recharge areas" means those areas
3 that contribute medium (4 to 8 inches of recharge to the
4 aquifer annually) to high (greater than 8 inches of recharge
5 to the aquifer annually) recharge, or as determined to be
6 significant by the St. Johns River Water Management District,
7 to replenish the aquifer and sustain spring flows. These
8 recharge areas, sometimes referred to as "most effective areas
9 of recharge," are vulnerable to contamination due to the rapid
10 movement of surface waters down through the soils to the
11 aquifer.
12 (b)1. "First-magnitude springs" means those springs
13 identified by the Florida Geological Survey as discharging at
14 least 100 cubic feet of water per second;
15 2. "Second-magnitude springs" means those springs
16 discharging 10 to 100 cubic feet of water per second; and
17 3. "Third-magnitude springs" means those springs
18 discharging 1 to 10 cubic feet of water per second.
19 (c) "Rural character" means characterized by a pattern
20 of land use in which open space, agricultural and
21 silvicultural lands, the natural landscape, and vegetation
22 predominate over the built environment; that fosters
23 traditional rural lifestyles, supports rural-based economies
24 such as agriculture, timber, ecotourism, and aquaculture, and
25 provides opportunities to both live and work in rural areas;
26 that provides visual landscapes associated with rural areas
27 and rural communities; and that is compatible with the use of
28 the land by wildlife and consistent with the protection of the
29 quality and quantity of water resources, including natural
30 surface water flows and groundwater recharge and discharge
31 areas.
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1 (d) "Springshed protection area" means a land-planning
2 area wherein special springshed features require additional
3 protection through local government comprehensive plans and
4 land development regulations, including land that is most
5 sensitive to environmental contamination and merits special
6 protection. The area subject to land planning for springshed
7 protection includes the areas of groundwater contribution and
8 recharge, sinkholes, depressions, and stream-to-sink features,
9 including areas around the spring itself, and first-magnitude,
10 second-magnitude and third-magnitude springs.
11 (e) Wekiva Parkway -- Any highway constructed between
12 State Road 429 and Interstate 4 shall be known as the "Wekiva
13 Parkway."
14 (4) DESIGNATION OF THE WEKIVA RIVER SPRINGSHED
15 PROTECTION AREA AND THE WEKIVA SECTOR PLAN AREA.--
16 (a) The Wekiva River Springshed Protection Area means
17 the groundwater recharge basin of the Wekiva River generally
18 depicted as within the yellow line on Figure 5, and the Wekiva
19 Sector Plan Area means the area generally depicted as the
20 yellow hatchmarks on Figure 5a, in the Final Report of the
21 Wekiva Basin Area Task Force dated January 15, 2003. Before
22 September 30, 2003, and after giving notice to all local
23 governments with jurisdiction over any land proposed to be
24 included in the Wekiva River Springshed Protection Area, the
25 state land planning agency shall hold a rule-development
26 workshop to recommend definitive boundaries for the Wekiva
27 River Springshed Protection Area and the Wekiva Sector Plan
28 Area based on the recommendations of the St. Johns River Water
29 Management District using best available data and the
30 following criteria:
31 1. The Wekiva River Springs Protection Area must
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1 include the portions of Lake, Orange, and Seminole Counties,
2 and all or portions of the municipalities in those counties,
3 within the areas of groundwater contribution and recharge to
4 the Wekiva River and its tributaries and springs in addition
5 to any other areas that contain special features such as
6 sinks, depressions, stream-to-sink features, and areas of
7 aquifer vulnerability surrounding the springs.
8 2. The Wekiva Sector Plan Area must include the rural
9 areas of Lake, Orange, and Seminole Counties, and any existing
10 rural area within municipalities in those counties, to form a
11 contiguous sector planning area without enclaves. The Wekiva
12 Sector Plan Area should, to the extent feasible, avoid areas
13 within municipalities that are developed at urban densities
14 and intensities of use.
15 3. In determining the appropriate boundaries for the
16 Wekiva River Springshed Protection Area and the Wekiva Sector
17 Plan, the state land planning agency shall also consider the
18 following:
19 a. The best available data from the St. Johns River
20 Water Management District including, but not limited to
21 groundwater recharge areas, surface water basin, and areas of
22 aquifer vulnerability;
23 b. Areas designated by the St. Johns River Water
24 Management District as Priority Water Resource Caution Areas;
25 and
26 c. Predictability and uniformity of implementation,
27 such as aligning boundaries with recognizable geographic
28 features that are not subject to change.
29 (b) Within 45 days after receipt of the recommended
30 boundary, the Administration Commission shall adopt, modify,
31 or reject the recommendation and shall by rule establish the
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1 definitive boundaries of the Wekiva River Springs Protection
2 Area and the Wekiva Sector Plan Area.
3 (5) COMPREHENSIVE PLAN REQUIREMENTS FOR THE WEKIVA
4 RIVER SPRINGSHED PROTECTION AREA.--
5 (a) For those local governments located within the
6 Wekiva River Springshed Protection Area, the comprehensive
7 plan must include land use strategies, development controls,
8 and best-management practices to ensure their protection from
9 incompatible land uses and land use activities that may
10 directly or indirectly adversely impact the spring's water
11 quality; water quantity; visual, economic, and recreational
12 qualities; and other characteristics. Land use strategies,
13 development controls, and best-management practices are to
14 apply throughout the Wekiva River Springs Protection Area.
15 (b) Land use strategies are also to include, at a
16 minimum, public education, partnerships with property owners,
17 consideration of land use or development rights acquisition,
18 cooperative management of public owned lands, economic
19 development and ecotourism, best-management practices for
20 agriculture and silviculture, and the provision of appropriate
21 drainage, wastewater treatment, and water supply to support
22 new or existing development.
23 (c) Provisions for nonregulatory programs to reduce
24 residential and other development rights and strengthen local
25 governments' capacity to achieve the objectives of this act to
26 retain recharge areas, environmentally sensitive lands, and
27 rural character. Nonregulatory programs include conservation
28 easements, purchase of development rights, and transfer of
29 land use credits or development rights. Transferable land use
30 credits or development rights increase density and cluster
31 development in appropriately designated receiving areas, while
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1 decreasing development in recharge areas and environmentally
2 sensitive lands. Land use credits and development rights may
3 be transferred from one jurisdiction to another as reflected
4 in the applicable comprehensive plans that assign and
5 distribute land use credits or development rights and
6 designate appropriate receiving areas.
7 (d) Land use strategies and development standards to
8 protect the quality and quantity of recharge that replenish
9 the aquifer and maintain springs flows and best-management
10 practices to mitigate land use impacts which are consistent
11 with the Florida Springs: Land Use Strategies and Best
12 Management Practices, dated December 2002, must be adopted.
13 Land use strategies include locating low-impact land uses near
14 the springs and in areas of high recharge. Low-impact land
15 uses include preservation, conservation, recreation,
16 unimproved rangeland, silviculture and very-low-density rural
17 residential. In addition, the following best-management
18 practices are to be used to mitigate impacts in the recharge
19 basin of the Wekiva River:
20 1. Reduce impervious surface (streets and parking
21 areas) to reduce runoff and retain recharge;
22 2. Maintain open space and natural recharge areas to
23 protect groundwater resources and wildlife habitat;
24 3. Manage stormwater impacts to reduce runoff and
25 maintain water quality of recharge;
26 4. Provide enhanced wastewater treatment for septic
27 tanks, central treatment systems, and a septic tank
28 maintenance program;
29 5. Use landscape design and maintenance to reduce
30 impacts from chemicals and conserve water resources, including
31 golf course design and maintenance; and
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1 6. Site, construct, and maintain golf courses using
2 special management zones, best-management practices,
3 integrated pest management, and a natural resource management
4 plan to prevent, manage, and monitor potential impacts to
5 water resources.
6 (e) The comprehensive plan amendments required by this
7 subsection must be adopted by July 1, 2004, or as part of any
8 comprehensive plan amendment that proposes to increase the
9 density or intensity of use within the Wekiva River Springshed
10 Protection Area. A local government may not amend its
11 comprehensive plan thereafter unless it has adopted the
12 required comprehensive plan amendments. The Administration
13 Commission may impose the sanctions provided by s.
14 163.3184(11) against any local government that fails to adopt
15 the required comprehensive plan amendments by January 1, 2005,
16 using the procedure in s. 163.3191(11).
17 (6) COMPREHENSIVE PLAN AMENDMENT REQUIREMENTS FOR THE
18 WEKIVA SECTOR PLAN AREA.--
19 (a) The Wekiva Sector Plan is intended to be a
20 cooperative, coordinated effort between the local governments
21 within the sector plan area with the objective of maintaining
22 rural character and protecting groundwater resources resulting
23 in no net loss of recharge potential. Through
24 intergovernmental coordination, each participating local
25 government shall adopt comprehensive plan amendments that
26 contain those portions of the sector plan as applicable to
27 their planning jurisdiction. The state land planning agency
28 shall serve to coordinate in the development of a single
29 sector plan that integrates different jurisdictional
30 components. All existing local governments are required to
31 adopt the sector plan as an amendment to their comprehensive
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1 plans. All municipalities incorporated after the effective
2 date of this act shall include applicable portions of the
3 sector plan in the initial transmittal and adoption of its
4 local government comprehensive plan.
5 (b) Each local government within the Wekiva Sector
6 Plan Area shall adopt the sector plan as an amendment to the
7 local government comprehensive plan that addresses the
8 following content requirements:
9 1. A detailed land use plan that does not exceed the
10 overall type, intensity, and density of development now
11 permitted by the applicable local comprehensive plan within
12 the sector plan area. However, flexibility is available to
13 convert between land use categories provided that provisions
14 are established to protect rural character, groundwater
15 recharge remains at levels that are equal to or greater than
16 existing levels, and implement best management practices
17 described in Florida Springs: Land Use Strategies and Best
18 Management Practices, dated December 2002. The sector plan may
19 include innovative and flexible planning techniques, such as
20 performance standards for open space and impervious surface
21 coverage, clustering, transfer of development rights, and land
22 acquisition, for the purposes of ensuring the predominance of
23 open space, agricultural and silvicultural lands, the natural
24 landscape, and vegetation over the built environment.
25 2. A detailed transportation plan that addresses as
26 applicable the Wekiva Parkway alignment, interchange
27 locations, and the need for any additional or expanded
28 regional or local roadways, including alignment, interchange
29 locations, and design and construction features. The
30 transportation plan should include an evaluation of any
31 programmed road improvements within or which might affect the
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1 Wekiva River Protection Area and Wekiva River Springs
2 Protection Area and eliminate any improvements that are
3 inconsistent with maintaining rural character or protecting
4 groundwater recharge or that are made unnecessary by the
5 Wekiva Parkway.
6 3. Infrastructure planning, including best-management
7 practices and incentives for enhanced wastewater treatment and
8 effluent disposal, stormwater management, the inspection and
9 maintenance of existing onsite treatment and disposal systems,
10 and for the installation of enhanced onsite treatment and
11 disposal systems.
12 4. Land use strategies, development standards, and
13 best-management practices to protect the quality and quantity
14 of recharge and replenish the aquifer and maintain springs
15 flows consistent with Florida Springs: Land Use Strategies and
16 Best Management Practices, dated December 2002 .
17 5. Provision for nonregulatory programs to reduce
18 residential and other development rights and retain rural
19 character, such as conservation easements, purchase of
20 development rights, and transfer of development rights.
21 6. Provisions requiring design standards for
22 commercial signs and associated advertising which reflect the
23 rural character of the area.
24 7. Interchange land use plans, as applicable,
25 including provisions for land use planning requirements for
26 each of the interchanges associated with the Wekiva Parkway,
27 including land use strategies and development standards, to
28 maintain rural character, and best management practices as
29 described in Florida Springs: Land Use Strategies and Best
30 Management Practices, dated December 2002 to protect
31 groundwater resources. The interchange land use plans or any
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1 other plans for additional or expanded regional or local
2 roadways must address appropriate land uses and compatible
3 development, secondary road access, access management,
4 right-of-way protection, vegetative protection and
5 landscaping, signage, and the height and appearance of
6 structures. The interchange land use plans must also direct
7 appropriate changes to land development regulations.
8 (c) During the period of time between the effective
9 date of this act and the effective date of the local
10 comprehensive plan amendment adopting the Wekiva Sector Plan,
11 a local government that has planning jurisdiction within the
12 Wekiva Sector Plan Area may not amend its comprehensive plan
13 to increase the types, intensities, and densities of land uses
14 within the Wekiva Sector Plan Area, or to identify or schedule
15 new road improvements within the area, except for the
16 necessary comprehensive plan amendments needed to plan,
17 design, engineer, and acquire the right-of-way for the Wekiva
18 Parkway. The sector plan must be adopted and in effect by each
19 local government in the Wekiva Springshed Area before the
20 permitting and construction of the Wekiva Parkway or any other
21 limited-access roads within the Wekiva River Springshed
22 Protection Area, Wekiva Sector Plan Area, or Wekiva River
23 Protection Area. The sector plan required to be adopted by
24 local governments by this section shall be developed by July
25 1, 2005. A local government may not amend its comprehensive
26 plan thereafter unless it has adopted the sector plan. The
27 Administration Commission may impose the sanctions provided by
28 s. 163.3184(11) against any local government that fails to
29 adopt the sector plan by January 1, 2006.
30 (d) Notwithstanding the provisions of chapter 380, the
31 numerical guidelines and standards provided in s. 380.0651 and
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1 in chapter 28-24, Florida Administrative Code, must be reduced
2 by 50 percent as applied to proposed developments entirely or
3 partially located within the Wekiva Sector Plan Area.
4 (7) TRANSPORTATION REQUIREMENTS FOR THE WEKIVA
5 PARKWAY.--
6 (a) The Department of Transportation, in collaboration
7 with the Turnpike Enterprise, the Orlando-Orange County
8 Expressway Authority, and the Seminole County Expressway
9 Authority shall provide to the Governor and the Legislature a
10 report of their joint recommendations on a funding plan that
11 addresses the Wekiva Basin Area Task Force recommendations in
12 its Final Report dated January 15, 2003, and any legislation
13 needed to implement the recommendations. The report shall
14 include a recommendation on the choice of a lead agency to
15 build the Wekiva Parkway, and the respective role of other
16 transportation agencies, authorities, and enterprises.
17 (b) The Orlando-Orange County Expressway Authority,
18 the Seminole County Expressway Authority, the Department of
19 Transportation, and the Turnpike Enterprise shall locate the
20 precise corridor location and interchange locations for the
21 Wekiva Parkway within the corridor generally depicted in
22 Figure 3, "Recommended Corridor for the Wekiva Parkway," of
23 the Final Report of the Wekiva Basin Area Task Force dated
24 January 15, 2003. The transportation agencies shall apply the
25 "Guiding Principles for Corridor Location" in selecting the
26 final roadway alignment and shall apply the "Guiding
27 Principles for the Wekiva Parkway Design Features and
28 Construction" to the construction of any new expressways,
29 including the Wekiva Parkway, and to the expansion of existing
30 expressways within the Wekiva River Springshed Protection
31 Area, Wekiva Sector Plan Area and the Wekiva River Protection
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1 Area, as recommended by the Task Force.
2 (c) This act is repealed effective July 1, 2008,
3 unless purchase of the right-of-way for the Wekiva Parkway has
4 been commenced.
5 (d) The specific design features included within
6 Recommendations Nos. 3, 4, 6, and 7 of the Wekiva Basin Area
7 Task Force Report shall be incorporated within the design of
8 the Wekiva Parkway, any other additional or expanded regional
9 or local roadways, or the expansion of any highway which
10 extends into or across the Wekiva River Basin or Springshed.
11 Such features, to the maximum extent feasible, shall include,
12 but not be limited to, elevated bridging of identified
13 wildlife corridors, a parkway design with appropriate natural
14 buffers between the roadways and adjacent areas, fulfillment
15 of mitigation needs by supporting land acquisition projects
16 only within the Wekiva River Protection Area, Wekiva River
17 Basin or Wekiva Springshed, and limitations on the number and
18 location of permissible interchanges.
19 (e) Road-building agencies, authorities and
20 enterprises created under chapters 334, 338, and 348,
21 including without limitation the Florida Department of
22 Transportation, the Turnpike Enterprise, the Orlando-Orange
23 County Expressway Authority, and the Seminole County
24 Expressway Authority, shall collaborate to develop a joint
25 plan for the construction of the Wekiva Parkway which
26 simultaneously achieves the necessary environmental
27 improvements necessary to offset any negative impacts that
28 roadway construction could cause to the Wekiva ecosystem and
29 associated Springshed area. Any conflicting provisions of
30 chapters 334, 338, and 348, notwithstanding, any road building
31 agency, authority, or enterprise constructing an extension of
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1 State Road 429 or any other limited-access road within the
2 Wekiva basin or springshed shall incorporate within the
3 project design any necessary elements required to facilitate
4 the protection of the environment as recommended in the Final
5 Report of the Wekiva Basin Area Task Force, including without
6 limitation, the acquisition of interests in land to create
7 buffers and preservation areas adjacent to, but beyond the
8 limits of ordinarily required road right of way and purchase
9 of mitigation lands to offset negative environmental impacts.
10 (f) No authority created under chapters 334, 338, and
11 348 or the Florida Department of Transportation shall have
12 power to construct an expressway or any highway or limited
13 access facility within the Wekiva River Springshed Protection
14 Area, Wekiva Sector Plan Area or Wekiva River Protection Area
15 until the Wekiva River Springshed Protection Area
16 comprehensive plan requirements and the Wekiva Sector Plan
17 components are adopted pursuant to s. 163.3247(5) and (6).
18 (8) TIMING OF PLAN AMENDMENTS.--Plan amendments
19 related to the implementation of the Wekiva Parkway and plan
20 amendments required by this section shall be exempt from the
21 twice per year limit on the adoption of plan amendments as
22 provided in s. 163.3187(1).
23 (9) PLANNING ASSISTANCE TO LOCAL GOVERNMENTS.--The
24 state land planning agency and appropriate state and regional
25 agencies shall provide planning assistance to the affected
26 local governments in the development of comprehensive plan
27 amendments to meet the requirements of this act. The state
28 land planning agencies, with the support of the Department of
29 Environmental Protection and the St. Johns Water Management
30 District, shall develop model land development regulations for
31 springshed protection.
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1 (10) DUTIES OF THE FLORIDA DEPARTMENT OF AGRICULTURE
2 AND CONSUMER SERVICES.--The Florida Department of Agriculture
3 and Consumer Services shall assist local governments in
4 implementing this section and local governments shall consult
5 with the Florida Department of Agriculture and Consumer
6 Services to determine if agricultural best management
7 practices should be included in the comprehensive plan.
8 Following consultation with a local government, any
9 agricultural best management practices to be included in a
10 comprehensive plan amendment shall be developed and adopted by
11 the Florida Department of Agriculture and Consumer Services.
12 Section 3. Section 373.4155, Florida Statutes, is
13 created to read:
14 373.4155 Duties of the St. Johns River Water
15 Management District regarding Springshed protection.--
16 Within 90 days of the adoption of a final boundary of
17 the Wekiva River Springshed Protection Area by the
18 Administration Commission, pursuant to s. 163.3247, the St.
19 Johns River Water Management District shall publish notice of
20 proposed rule amendments to implement the provisions proposed
21 in Recommendation 15 of the Wekiva River Basin Task Force as
22 contained in its Final Report dated January 15, 2003. The
23 proposed rule amendments may be developed so as to provide
24 additional criteria to be applied to new St. Johns River Water
25 Management District Permits for Consumptive Use, Management
26 and Storage of Surface Waters, and Environmental Resource
27 Permits within the Wekiva River Springshed Protection Area and
28 renewals of current permits.
29 Section 4. Section 381.0069 is created to read:
30 381.0069 Wekiva River Springshed Protection
31 Area.--Within 3 years of the adoption of a final boundary of
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1 the Wekiva River Springshed Protection Area by the
2 Administration Commission pursuant to s. 163.3247, the
3 Department of Health, with assistance from the St. Johns River
4 Water Management District, and the Florida Department of
5 Environmental Protection, shall develop a program to encourage
6 and provide incentives for the inspection and maintenance of
7 on-site treatment and disposal systems and for the
8 installation of enhanced on-site treatment and disposal
9 systems within the Wekiva River Springshed Protection Area.
10 Section 5. Subsection (8) is added to section 373.139,
11 Florida Statutes, to read:
12 373.139 Acquisition of real property.--
13 (8) The St. Johns River Water Management District is
14 encouraged to pursue purchase of development rights (PDRs) in
15 the Wekiva River Protection Area and Wekiva River Springshed
16 Protection Area. The objectives shall be to: include areas of
17 contribution that are sensitive to environmental contamination
18 such as areas of significant recharge, sinkholes, depressions
19 and stream-to-sink features; and, to help maintain the rural
20 character of the lands within the Wekiva Sector Plan area
21 through a reduction of developable unit density.
22 Section 6. Subsection (5) of section 369.307, Florida
23 Statutes, is amended to read:
24 369.307 Developments of regional impact in the Wekiva
25 River Protection Area; land acquisition.--
26 (5) The Department of Environmental Protection is
27 directed to proceed to negotiate for acquisition of
28 conservation and recreation lands projects within the Wekiva
29 River Protection Area provided that such projects have been
30 deemed qualified under statutory and rule criteria for
31 purchase and have been placed on the priority list for
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SENATE AMENDMENT
Bill No. SB 1956
Amendment No. 1 Barcode 673358
1 acquisition by the advisory council created in s. 259.035 or
2 its successor. Agencies are encouraged to use all means at
3 their disposal for completing the acquisition of land
4 necessary for the Wekiva-Ocala Greenway Florida Forever
5 Project. Efforts should be made to identify and acquire
6 additional lands in the Wekiva River Springshed Protection
7 Area, Wekiva Sector Plan Area, and the Wekiva River Protection
8 Area, including efforts to protect agricultural and
9 environmentally sensitive lands through the purchase of
10 easements as provided in the Rural and Family Lands Protection
11 Program, ss. 570.70 and 570.71. Binding purchase agreements
12 should be pursued for the acquisition of properties identified
13 in Recommendation 16 of the Wekiva Basin Area Task Force Final
14 Report dated January 15, 2003, to the greatest extent
15 practicable, prior to the commencement of construction of the
16 Wekiva Parkway or any other limited-access road within the
17 Wekiva River Springshed Protection Area, Wekiva Sector Plan
18 Area, or Wekiva River Protection Area.
19 Section 7. This act shall take effect July 1, 2003.
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23 And the title is amended as follows:
24 On page 1, line 18, after the word "governments;"
25
26 insert:
27 creating s. 373.4155, F.S.; specifying duties
28 of the St. Johns River Water Management
29 District relating to certain permits within the
30 Wekiva River Springshed Protection Area;
31 creating s. 381.0069, F.S.; requiring the
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9:07 AM 04/08/03 s1956.nr.01
SENATE AMENDMENT
Bill No. SB 1956
Amendment No. 1 Barcode 673358
1 Department of Health to develop a program to
2 encourage and provide incentives for the
3 inspection and maintenance of on-site sewage
4 treatment systems within the Wekiva River
5 Springshed Protection Area; amending s.
6 373.139, F.S.; encouraging the St. Johns River
7 Water Management District to purchase certain
8 development rights; amending s. 369.307, F.S.;
9 encouraging agencies to acquire certain lands
10 in the Wekiva River Springshed Protection Area,
11 Wekiva Sector Plan Area, and the Wekiva River
12 Protection Area;
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