Senate Bill sb1956
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Florida Senate - 2003 SB 1956
By Senators Constantine and Webster
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1 A bill to be entitled
2 An act relating to growth management; amending
3 s. 163.3184, F.S.; providing a cross-reference;
4 creating s. 163.3247, F.S.; providing a short
5 title; providing legislative intent; providing
6 definitions; identifying those local
7 governments that are subject to the act;
8 requiring that those local governments amend
9 their comprehensive plans to include land use
10 strategies, development controls, and
11 best-management practices to ensure the
12 protection of Florida's springs; requiring
13 certain local governments to develop a Wekiva
14 Sector Plan; providing for transportation
15 requirements for the Wekiva Parkway; providing
16 for regulatory programs and land acquisition;
17 providing for planning assistance to local
18 governments; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
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22 Section 1. Paragraph (b) of subsection (1) of section
23 163.3184, Florida Statutes, is amended to read:
24 163.3184 Process for adoption of comprehensive plan or
25 plan amendment.--
26 (1) DEFINITIONS.--As used in this section, the term:
27 (b) "In compliance" means consistent with the
28 requirements of ss. 163.3177, 163.31776, when a local
29 government adopts an educational facilities element, 163.3178,
30 163.3180, 163.3191, and 163.3245, and 163.3247, with the state
31 comprehensive plan, with the appropriate strategic regional
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1 policy plan, and with chapter 9J-5, Florida Administrative
2 Code, where such rule is not inconsistent with this part and
3 with the principles for guiding development in designated
4 areas of critical state concern.
5 Section 2. Section 163.3247, Florida Statutes, is
6 created to read:
7 163.3247 Wekiva River Springs Protection.--
8 (1) SHORT TITLE.--This section may be cited as the
9 "Wekiva River Springs Protection Act."
10 (2) LEGISLATIVE INTENT.--
11 (a) The Legislature recognizes the Wekiva River and
12 its tributaries, along with the St. Johns River and associated
13 lands in central Florida, as one of the most valuable natural
14 assets of the state. The Wekiva River and its tributaries have
15 been designated an Outstanding Florida Water, a National Wild
16 and Scenic River, a Florida Wild and Scenic River, and a
17 Florida Aquatic Preserve.
18 (b) In 1988, the Legislature enacted the Wekiva River
19 Protection Act, codified in part II of chapter 369, to protect
20 the resources of the Wekiva River Basin. The Wekiva River
21 Protection Act delineates an area comprising portions of Lake,
22 Orange, and Seminole Counties as the Wekiva River Protection
23 Area.
24 (c) The Wekiva River is a spring-fed system associated
25 with 19 second-magnitude and third-magnitude springs and
26 numerous smaller springs. The Legislature recognizes that a
27 spring is only as healthy as its groundwater recharge basin.
28 The groundwater that feeds springs is recharged by seepage
29 from the surface and through direct conduits such as
30 sinkholes. Because of this, the health of the spring systems
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1 is directly influenced by activities and land uses within the
2 spring recharge basin.
3 (d) Protection of groundwater that recharges the
4 springs connected to the Wekiva River is crucial to the
5 long-term viability of the Wekiva River ecosystem and the
6 region's water supply. The volume of groundwater moving toward
7 discharge to form the Wekiva River spring system has
8 diminished over time, given withdrawals of water for
9 consumptive use and loss of recharge due to land development
10 trends. The Water Needs and Sources Assessment indicates that
11 the Wekiva Basin is located in a Priority Water Resource
12 Caution Area, indicating that water supply problems are
13 projected to become critical by 2010 and projected water use
14 may result in unacceptable impacts to natural systems and
15 groundwater quality, including decline in the water table
16 affecting wetland vegetation and reduced spring flows. The St.
17 Johns Water Management District projects a 20-percent
18 reduction in spring flows by the year 2020.
19 (e) Because the majority of the groundwater recharge
20 basin of the Wekiva River is located outside the Wekiva River
21 Protection Area as delineated in part II of chapter 369, no
22 special protection currently exists for critical groundwater
23 recharge lands. Therefore, the Legislature directs local
24 governments within the Wekiva River Springs Protection Area or
25 groundwater recharge basin of the Wekiva River to amend their
26 comprehensive plans to include land use strategies,
27 development controls, and best-management practices to ensure
28 the protection of the Wekiva River springs system.
29 (f) In addition to the planning requirements for the
30 Wekiva River Springs Protection Area, the Legislature
31 authorizes local governments with first-magnitude,
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1 second-magnitude or third-magnitude springs to adopt similar
2 springshed protection strategies applicable to a springshed
3 protection area as delineated in the local government's
4 comprehensive plan.
5 (g) Recognizing the need to balance regional
6 transportation needs in central Florida with protection of the
7 Wekiva River Protection Area in part II of chapter 369, as
8 recommended by the Wekiva Basin Area Task Force in its Final
9 Report dated January 15, 2003, it is the intent of the
10 Legislature that each comprehensive plan for the rural areas
11 of Lake, Orange, and Seminole Counties and any rural area
12 within the municipalities in those counties as described in
13 subparagraph (4)(a)1. be revised to include a Wekiva Sector
14 Plan, as a component to the local government comprehensive
15 plan, which is designed to protect the rural character of the
16 area and recharge areas in the Wekiva River Basin. The sector
17 plan must be adopted and in effect before the permitting and
18 construction of the "Wekiva Parkway."
19 (3) DEFINITIONS.--As used in this section, the term:
20 (a) "Effective recharge areas" means those areas that
21 contribute medium (4 to 8 inches of recharge to the aquifer
22 annually) to high (greater than 8 inches of recharge to the
23 aquifer annually) recharge to replenish the aquifer and
24 sustain spring flows. These recharge areas, sometimes referred
25 to as "most effective areas of recharge," are vulnerable to
26 contamination due to the rapid movement of surface waters down
27 through the soils to the aquifer.
28 (b)1. "First-magnitude springs" means those springs
29 identified by the Florida Geological Survey as discharging at
30 least 100 cubic feet of water per second;
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1 2. "Second-magnitude springs" means those springs
2 discharging 10 to 100 cubic feet of water per second; and
3 3. "Third-magnitude springs" means those springs
4 discharging 1 to 10 cubic feet of water per second,
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6 on or before July 1, 2003.
7 (c) "Rural character" means characterized by a pattern
8 of land use in which open space, agricultural and
9 silvicultural lands, the natural landscape, and vegetation
10 predominate over the built environment; that fosters
11 traditional rural lifestyles, supports rural-based economies
12 such as agriculture, timber, ecotourism, and aquaculture, and
13 provides opportunities to both live and work in rural areas;
14 that provides visual landscapes associated with rural areas
15 and rural communities; and that is compatible with the use of
16 the land by wildlife and consistent with the protection of the
17 quality and quantity of water resources, including natural
18 surface water flows and groundwater recharge and discharge
19 areas.
20 (d) "Springshed protection area" means a land-planning
21 area wherein special springshed features require additional
22 protection through local government comprehensive plans and
23 land development regulations, including land that is most
24 sensitive to environmental contamination and merits special
25 protection. The area subject to land planning for springshed
26 protection includes the areas of groundwater contribution and
27 recharge, sinkholes, depressions, and stream-to-sink features,
28 including areas around the spring itself, and first-magnitude,
29 second-magnitude and third-magnitude springs.
30 (4) DESIGNATION OF THE WEKIVA RIVER SPRINGS PROTECTION
31 AREA AND THE WEKIVA SECTOR PLAN AREA.--
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1 (a) The Wekiva River Springs Protection Area means the
2 groundwater recharge basin of the Wekiva River generally
3 depicted as within the yellow line on Figure 5, and the Wekiva
4 Sector Plan Area means the area generally depicted as the
5 yellow hatchmarks on Figure 5a, in the Final Report of the
6 Wekiva Basin Area Task Force dated January 15, 2003. Before
7 September 30, 2003, and after giving notice to all local
8 governments with jurisdiction over any land proposed to be
9 included in the Wekiva River Springs Protection Area, the
10 state land planning agency and the St. Johns River Water
11 Management District shall hold a rule-development workshop to
12 recommend definitive boundaries for the Wekiva River Springs
13 Protection Area and the Wekiva Sector Plan Area based on the
14 following criteria:
15 (a) The Wekiva River Springs Protection Area must
16 include the portions of Lake, Orange, and Seminole Counties,
17 and all or portions of the municipalities in those counties,
18 within the areas of groundwater contribution and recharge to
19 the Wekiva River and its tributaries and springs.
20 (b) The Wekiva Sector Plan Area must include the rural
21 areas of Lake, Orange, and Seminole Counties, and any existing
22 rural area within municipalities in those counties, to form a
23 contiguous sector planning area without enclaves. The Wekiva
24 Sector Plan Area should, to the extent feasible, avoid areas
25 within municipalities that are developed at urban densities
26 and intensities of use.
27 (b) Within 45 days after receipt of the recommended
28 boundary, the Administration Commission shall adopt, modify,
29 or reject the recommendation and shall by rule establish the
30 definitive boundaries of the Wekiva River Springs Protection
31 Area and the Wekiva Sector Plan Area.
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1 (5) COMPREHENSIVE PLAN REQUIREMENTS FOR THE WEKIVA
2 RIVER SPRINGS PROTECTION AREA.--
3 (a) For those local governments located within the
4 Wekiva River Springs Protection Area, the comprehensive plan
5 must include land use strategies, development controls, and
6 best-management practices to ensure their protection from
7 incompatible land uses and land use activities that may
8 directly or indirectly adversely impact the spring's water
9 quality; water quantity; visual, economic, and recreational
10 qualities; and other characteristics. Land use strategies,
11 development controls, and best-management practices are to
12 apply throughout the Wekiva River Springs Protection Area.
13 (b) Land use strategies are also to include, at a
14 minimum, public education, partnerships with property owners,
15 consideration of land use or development rights acquisition,
16 cooperative management of public owned lands, economic
17 development and ecotourism, best-management practices for
18 agriculture and silviculture, and the provision of appropriate
19 drainage, wastewater treatment, and water supply to support
20 new or existing development.
21 (c) Provisions for nonregulatory programs to reduce
22 residential and other development rights and strengthen local
23 governments' capacity to achieve the objectives of this act to
24 retain recharge areas, environmentally sensitive lands, and
25 rural character. Nonregulatory programs include conservation
26 easements, purchase of development rights, and transfer of
27 land use credits or development rights. Transferable land use
28 credits or development rights increase density and cluster
29 development rights in appropriately designated receiving
30 areas, while discouraging development in recharge areas and
31 environmentally sensitive lands. Land use credits and
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1 development rights may be transferred from one jurisdiction to
2 another as reflected in the applicable comprehensive plans
3 that assign and distribute land use credits or development
4 rights and designate appropriate receiving areas.
5 (d) Land use strategies and development standards to
6 protect the quality and quantity of recharge that replenish
7 the aquifer and maintain springs flows and best-management
8 practices to mitigate land use impacts which are consistent
9 with the Florida Springs: Land Use Strategies and Best
10 Management Practices Manual must be adopted. Land use
11 strategies include locating low-impact land uses near the
12 springs and in areas of high recharge. Low-impact land uses
13 include preservation, conservation, recreation, unimproved
14 rangeland, silviculture and very-low-density rural residential
15 use that, generally, has no more than one unit per 10 acres.
16 In addition, the following best-management practices are to be
17 used to mitigate impacts in the recharge basin of the Wekiva
18 River:
19 1. Reduce impervious surface (streets and parking
20 areas) to reduce runoff and retain recharge;
21 2. Maintain open space and natural recharge areas to
22 protect groundwater resources and wildlife habitat;
23 3. Manage stormwater impacts to reduce runoff and
24 maintain water quality of recharge;
25 4. Provide enhanced wastewater treatment for septic
26 tanks, central treatment systems, and a septic tank
27 maintenance program;
28 5. Use landscape design and maintenance to reduce
29 impacts from chemicals and conserve water resources, including
30 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 Springs
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 (f) Notwithstanding the provisions of chapter 380, the
18 numerical guidelines and standards provided in s. 380.0651 and
19 in chapter 28-24, Florida Administrative Code, must be reduced
20 by 50 percent as applied to proposed developments entirely or
21 partially located within the Wekiva River Springs Protection
22 Area.
23 (6) COMPREHENSIVE PLAN AMENDMENT REQUIREMENTS FOR THE
24 WEKIVA SECTOR PLAN AREA.--
25 (a) The Wekiva Sector Plan is intended to be a
26 cooperative, coordinated effort between the local governments
27 within the sector plan area with the objective of maintaining
28 rural character and protecting groundwater recharge resulting
29 in no net loss of recharge potential. Through
30 intergovernmental coordination, each participating local
31 government shall adopt the sector plan as applicable to its
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1 planning jurisdiction to assure furtherance of the objectives
2 of this act and compatibility among local governments.
3 (b) Each local government within the Wekiva Sector
4 Plan Area shall adopt the sector plan as an amendment to the
5 local government comprehensive plan that addresses the
6 following content requirements:
7 1. A detailed land use plan that does not exceed the
8 overall type, intensity, and density of development now
9 permitted by the applicable local comprehensive plan within
10 the sector plan area. However, flexibility is available to
11 convert between land use categories, as long as provisions to
12 protect rural character and groundwater recharge remain at
13 levels that are equal to or greater than existing levels. The
14 sector plan may include innovative and flexible planning
15 techniques, such as performance standards for open space and
16 impervious surface coverage, clustering, transfer of
17 development rights, and land acquisition, for the purposes of
18 ensuring the predominance of open space, agricultural and
19 silvicultural lands, the natural landscape, and vegetation
20 over the built environment.
21 2. A detailed transportation plan that addresses as
22 applicable the Wekiva Parkway alignment, interchange
23 locations, and the need for any additional or expanded
24 regional or local roadways, including alignment, interchange
25 locations, and design and construction features. The
26 transportation plan should include an evaluation of any
27 programmed road improvements within or which might affect the
28 Wekiva River Protection Area and Wekiva River Springs
29 Protection Area and eliminate any improvements that are
30 inconsistent with maintaining rural character or protecting
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1 groundwater recharge or that are made unnecessary by the
2 Wekiva Parkway.
3 3. Infrastructure planning, including best-management
4 practices and incentives for enhanced wastewater treatment and
5 effluent disposal, stormwater management, the inspection and
6 maintenance of existing onsite treatment and disposal systems,
7 and for the installation of enhanced onsite treatment and
8 disposal systems.
9 4. Land use strategies, development standards, and
10 best-management practices to protect the quality and quantity
11 of recharge and replenish the aquifer and maintain springs
12 flows consistent with Florida Springs: Land Use Strategies and
13 Best Management Practices Manual.
14 5. Provision for nonregulatory programs to reduce
15 residential and other development rights and retain rural
16 character, such as conservation easements, purchase of
17 development rights, and transfer of development rights.
18 6. Provisions requiring design standards for
19 commercial signs and associated advertising which reflect the
20 rural character of the area.
21 7. Interchange land use plans, as applicable,
22 including provisions for land use planning requirements for
23 each of the interchanges recommended for the Wekiva Parkway,
24 including land use strategies, development standards, and
25 best-management practices to maintain rural character and
26 protect groundwater recharge. The interchange land use plans
27 must address appropriate land uses and compatible development,
28 secondary road access, access management, right-of-way
29 protection, vegetative protection and landscaping, signage,
30 and the height and appearance of structures. The interchange
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1 land use plans must also direct appropriate changes to land
2 development regulations.
3 (c) During the period of time between the effective
4 date of this act and the effective date of the local
5 comprehensive plan amendment adopting the Wekiva Sector Plan,
6 a local government that has planning jurisdiction within the
7 Wekiva Sector Plan Area may not amend its comprehensive plan
8 to increase the types, intensities, and densities of land uses
9 within the Wekiva Sector Plan Area, or to identify or schedule
10 new road improvements within the area, except for the
11 necessary comprehensive plan amendments needed to plan,
12 design, engineer, and acquire the right-of-way for the Wekiva
13 Parkway. Permitting and construction of the Wekiva Parkway
14 may not occur until the completion of the sector plan.
15 (7) TRANSPORTATION REQUIREMENTS FOR THE WEKIVA
16 PARKWAY.--
17 (a) The Department of Transportation, the
18 Orlando-Orange County Expressway Authority, and the Seminole
19 County Expressway Authority shall provide to the Governor and
20 the Legislature a report of their joint recommendations on a
21 funding plan that addresses the Wekiva Basin Area Task Force
22 recommendations in its Final Report dated January 15, 2003,
23 and any legislation needed to implement the recommendations.
24 (b) The Orlando-Orange County Expressway Authority and
25 the Department of Transportation shall locate the precise
26 corridor location and interchange locations for the Wekiva
27 Parkway within the corridor generally depicted in Figure 3,
28 "Recommended Corridor for the Wekiva Parkway," of the Final
29 Report of the Wekiva Basin Area Task Force dated January 15,
30 2003. The transportation agencies shall apply the "Guiding
31 Principles for Corridor Location" in selecting the final
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1 roadway alignment and shall apply the "Guiding Principles for
2 the Wekiva Parkway Design Features and Construction" to the
3 construction of any new expressways, including the Wekiva
4 Parkway, and to the expansion of existing expressways within
5 the Wekiva Sector Plan Area and the Wekiva River Protection
6 Area, as recommended by the Task Force.
7 (c) This act is repealed effective July 1, 2008,
8 unless purchase of the right-of-way for the Wekiva Parkway has
9 been completed.
10 (8) REGULATORY PROGRAMS AND LAND ACQUISITION.--
11 (a) The St. Johns River Water Management District
12 shall review existing rules and statutes to determine the
13 appropriateness of modifications necessary for protection of
14 the Wekiva River Springs Protection Area as recommended by the
15 Wekiva Basin Area Task Force in its Final Report dated January
16 15, 2003.
17 (b) The State of Florida shall give the highest
18 priority and use all means at its disposal for completing the
19 acquisition of the Wekiva-Ocala Greenway Florida Forever
20 Project. Efforts should be made to identify and acquire
21 additional lands in the Wekiva River Springs Protection Area,
22 including efforts to protect agricultural lands through the
23 purchase of easements as provided in the Rural and Family
24 Lands Protection Program, ss. 570.70 and 570.71.
25 (9) TIMING OF PLAN AMENDMENTS.--Plan amendments
26 related to the implementation of the Wekiva Parkway and plan
27 amendments required by this section shall be exempt from the
28 twice per year limit on the adoption of plan amendments as
29 provided in s. 163.3187(1).
30 (10) PLANNING ASSISTANCE TO LOCAL GOVERNMENTS.--The
31 state land planning agency and appropriate state and regional
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1 agencies shall provide planning assistance to the affected
2 local governments in the development of comprehensive plan
3 amendments to meet the requirements of this act. The state
4 land planning agencies, with the support of the Department of
5 Environmental Protection and the St. Johns Water Management
6 District, shall develop model land development regulations for
7 springshed protection.
8 Section 3. This act shall take effect July 1, 2003.
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11 SENATE SUMMARY
12 Creates the "Wekiva River Springs Protection Act."
Identifies those local governments that are subject to
13 the act. Requires those local governments to amend their
comprehensive plans to include land use strategies,
14 development controls, and best-management practices to
ensure the protection of Florida's springs. Requires
15 certain local governments to develop a Wekiva Sector
Plan. Includes transportation requirements for the Wekiva
16 Parkway. Addresses regulatory programs and land
acquisition. Directs the provision of planning
17 assistance. Provides for a contingent future repeal.
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