Senate Bill sb1956c1

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    Florida Senate - 2003                           CS for SB 1956

    By the Committee on Appropriations; and Senators Constantine
    and Webster




    309-2545-03

  1                      A bill to be entitled

  2         An act relating to growth management; amending

  3         s. 369.301, F.S.; changing the short title;

  4         creating s. 369.3011, F.S.; providing for a

  5         short title; providing legislative intent;

  6         providing definitions; providing for the

  7         designation of the Wekiva River Springshed

  8         Protection Area; creating comprehensive plan

  9         requirements for the area; creating a

10         integrated planning area for the Wekiva River

11         Basin; creating comprehensive plan requirements

12         for transportation, land use, and water

13         resource in the basin; creating transportation

14         requirements for road construction in the

15         basin; providing for planning assistance by the

16         Department of Community Affairs; describing

17         duties of the Department of Agriculture and

18         Consumer Services for the creation of

19         best-management practices; amending s.

20         163.3187, F.S.; exempting comprehensive plan

21         amendments created by this act from the

22         statutory limit of two amendments per year;

23         creating s. 373.0425, F.S.; providing for

24         rulemaking authority for the St. Johns River

25         Water Management District as it relates to

26         implementing the provisions of this act;

27         creating s. 381.0069, F.S.; directing the

28         Department of Health to develop a program for

29         the improvement of certain wastewater treatment

30         systems in the Wekiva River Springshed

31         Protection Area; amending s. 373.139, F.S.;

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 1         encouraging the St. Johns River Water

 2         Management District to pursue land acquisition

 3         within the Wekiva Basin; amending s. 369.307,

 4         F.S.; encouraging all agencies to pursue

 5         acquisitions within the Wekiva-Ocala Greenway

 6         Florida Forever project or other additional

 7         lands in the springs recharge area; providing

 8         for the repeal of this act; providing an

 9         effective date.

10  

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

12  

13         Section 1.  Section 369.301, Florida Statutes, is

14  amended to read:

15         369.301  Short title.--This part may be cited as the

16  "Wekiva River Basin and Springs Protection and Planning Act."

17         Section 2.  Section 369.3011, Florida Statutes, is

18  created to read:

19         369.3011  Land use, transportation, and water resources

20  planning in the Wekiva River Basin.--

21         (1)  SHORT TITLE.--This section may be cited as the

22  "Wekiva River Basin Planning Act."

23         (2)  LEGISLATIVE INTENT.--

24         (a)  The Legislature recognizes that population growth

25  and the future transportation and water resource needs of the

26  central Florida region must be balanced with protection of the

27  ecosystem of the Wekiva River Basin and finds that these are

28  issues of legitimate and compelling state interest. The

29  Legislature, therefore, finds that the recommendations

30  included in the Final Report, dated January 15, 2003, of the

31  

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 1  Wekiva Basin Area Task Force, which was created by Executive

 2  Order 2002-259, are valuable and should be implemented.

 3         (b)  The Legislature finds that, in addition to the

 4  issues of legitimate and compelling state interest related to

 5  protecting natural resources and meeting the future

 6  transportation needs in and near the Wekiva Basin Area, there

 7  exists a state interest in respecting and recognizing

 8  judicially acknowledged or statutorily and constitutionally

 9  protected property rights. It is the intent of the Legislature

10  that state agencies and county and municipal governments with

11  jurisdiction in the area of the Wekiva River Basin establish

12  policies to guide and coordinate local decisions relating to

13  growth and development and implement their decisions without

14  imposing undue restrictions on vested property rights in

15  violation of the laws and constitutions of this state and of

16  the United States. Further, the Legislature recognizes

17  sensitivity to private property rights as stated in s.

18  163.3167(8) to not limit or modify rights of any person to

19  complete any development that has been authorized as a

20  development of regional impact pursuant to chapter 380 or who

21  has been issued a final local development order and

22  development has commenced and is continuing in good faith as

23  of the effective date of this act.

24         (c)  The Legislature finds that the water resources and

25  ecosystems of the Wekiva River Basin and the associated

26  springshed areas that sustain the spring-fed Wekiva River and

27  tributaries are of irreplaceable value to the quality of life

28  and well-being of the people of the State of Florida. The

29  Legislature further finds that greater intensities of

30  development facilitated by the construction of major

31  transportation facilities through the Wekiva River Basin and

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 1  associated springshed areas may, unless properly designed,

 2  present serious threats to the continuing existence of the

 3  hydrological functions of the springs. It is the intent of the

 4  Legislature that regional transportation facilities be

 5  located, designed, and constructed in a manner that assures

 6  the protection of the Wekiva River Basin ecosystem. To

 7  accomplish these purposes, the Legislature directs that the

 8  completion of transportation improvements, including, but not

 9  limited to, the Wekiva Parkway and U.S. 441 Bypass, be

10  accomplished in the context of a well-coordinated plan that

11  simultaneously assures that the natural resources of the

12  Wekiva River Basin, including the springshed, are protected

13  against adverse impacts.

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

15         (a)  "Springshed" means the geographic area that

16  contributes groundwater and surface water to the Wekiva River

17  Springs systems.

18         (b)  "U.S. 441 Bypass" means an expressway system

19  connector designed and constructed as part of an extension of

20  State Road 429 that begins at the Maitland Boulevard Extension

21  Interchange and links to the Wekiva Parkway at a system

22  interchange and continues in a northwesterly direction into

23  Lake County.

24         (c)  "Wekiva Parkway" means any highway, interstate

25  connector, or expressway connector, constructed between State

26  Road 429 and Interstate 4.

27         (4)  DESIGNATION OF THE WEKIVA RIVER SPRINGSHED

28  PROTECTION AREA.--

29         (a)  The Governor and Cabinet, sitting as the

30  Administration Commission, shall establish by rule a Wekiva

31  River Springshed Protection Area, which shall complement the

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 1  Wekiva River Protection Area as defined in s. 369.303(9). Not

 2  later than September 30, 2003, the state land planning agency

 3  shall begin this process by giving notice of negotiated

 4  rulemaking, pursuant to s. 120.54(2)(d), for the purpose of

 5  recommending to the Administration Commission boundaries for

 6  the Wekiva River Springshed Protection Area.

 7         (b)  The boundary for the Wekiva River Springshed

 8  Protection Area shall be based upon, but need not be limited

 9  to, the following criteria:

10         1.  The Wekiva River Springshed Protection Area must

11  encompass an area no larger than the Wekiva River Springshed.

12         2.  The boundary of the Wekiva River Springshed

13  Protection Area shall be based upon the best available data

14  from the St. Johns River Water Management District, the

15  Department of Environmental Protection, the Department of

16  Agriculture and Consumer Services, and other sources.

17         3.  The boundary of the Wekiva River Springshed

18  Protection Area shall be established in a manner that ensures

19  predictability and uniformity of implementation, which may

20  require aligning boundaries with recognizable geographic

21  features that are not subject to change.

22         (c)  Within 45 days after receipt of the recommended

23  boundaries, the Governor and Cabinet, sitting as the

24  Administration Commission shall adopt, modify, or reject the

25  recommendation and shall by rule establish the boundaries of

26  the Wekiva River Springshed Protection Area.

27         (5)  COMPREHENSIVE PLAN REQUIREMENTS FOR THE WEKIVA

28  RIVER SPRINGSHED PROTECTION AREA.--

29         (a)  The state land planning agency, in consultation

30  with the Department of Environmental Protection, the St. Johns

31  River Water Management District, and the Department of

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 1  Agriculture and Consumer Services, shall, not less than 60

 2  days prior to the next regular legislative session, adopt by

 3  negotiated rule pursuant to s. 120.54(2)(d) minimum criteria

 4  for land use strategies and development standards within the

 5  Wekiva River Springshed Protection Area. Such rules shall not

 6  be subject to rule challenges under s. 120.56(2) or to drawout

 7  proceedings under s. 120.54(3)(c)2. Such rules shall become

 8  effective only after they have been submitted to the President

 9  of the Senate and the Speaker of the House of Representatives

10  for review by the Legislature. In its review, the Legislature

11  may accept, reject, modify, or take no action relative to the

12  rules. The agency shall conform the rules to the changes made

13  by the Legislature or, if no action was taken, the agency

14  rules shall become effective.

15         (b)  The rules for the land use strategies and

16  development standards shall protect the quality and quantity

17  of recharge that replenishes and maintains spring flows for

18  the Wekiva River. Land use strategies and development controls

19  shall apply throughout the Wekiva River Springshed Protection

20  Area and shall include, but need not be limited to, the

21  following:

22         1.  Ensuring appropriate drainage, wastewater

23  treatment, and water supply to support new or existing

24  development;

25         2.  Locating low-impact land uses near the Wekiva River

26  Springs. Low-impact land uses include preservation,

27  conservation, passive recreation, unimproved rangeland,

28  silviculture, and rural residential;

29         3.  Minimizing impervious surfaces to reduce runoff and

30  retain recharge;

31  

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 1         4.  Maintaining open space and natural recharge areas

 2  to protect groundwater resources and wildlife habitat through

 3  standards for open space, impervious surface coverage, and

 4  clustering; transfer of land use credits or development

 5  rights; and land acquisition, purchase of development rights,

 6  and conservation easements;

 7         5.  Managing stormwater impacts to reduce runoff and

 8  maintain water quality of recharge;

 9         6.  Providing enhanced wastewater treatment for septic

10  tanks, central treatment systems, and a septic tank

11  maintenance program;

12         7.  Using landscape design and maintenance to reduce

13  impacts from chemicals and conserve water resources, including

14  golf course design and maintenance;

15         8.  Siting, constructing, and maintaining golf courses

16  using special management zones, integrated pest management,

17  and a natural resource management plan to prevent, manage, and

18  monitor potential impacts to water resources; and

19         9.  Adopting local programs for public education and

20  partnerships with property owners, consideration of land use

21  or development rights acquisition, and cooperative management

22  of public owned lands, economic development, and ecotourism.

23         (c)  Within 1 year after the ratification of the rules

24  for land use strategies and development standards for the

25  Wekiva River Springshed Protection Area, or after approval of

26  the rules as part of any comprehensive plan amendment that

27  proposes to increase the density or intensity of development

28  within the Wekiva River Springshed Protection Area, whichever

29  occurs first, a local government must adopt the comprehensive

30  plan amendments required by this subsection. A local

31  government may not amend its comprehensive plan if it does not

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 1  adopt the amendments as required by this subsection. The

 2  Administration Commission may impose the sanctions provided by

 3  s. 163.3184(11) against any local government that fails to

 4  adopt the comprehensive plan amendments required by this

 5  subsection, using the procedure in s. 163.3191(11). All

 6  existing local governments are required to adopt the

 7  comprehensive plan amendments required by this subsection as

 8  amendments to their respective comprehensive plans. Any

 9  municipality incorporated within the Wekiva River Springshed

10  Protection Area after the effective date of this act shall

11  include applicable portions of the comprehensive plan

12  amendments required by this subsection in the initial

13  transmittal and adoption of its local government comprehensive

14  plan.

15         (d)  After legislative ratification of the rules for

16  land use strategies and springshed protection, the state land

17  planning agency shall review the local comprehensive plans,

18  and all amendments, which are applicable to portions of the

19  Wekiva River Springshed Protection Area for compliance with

20  the provisions of this subsection in addition to its review of

21  local comprehensive plans and amendments for compliance as

22  defined in s. 163.3184. All procedures and penalties described

23  in s. 163.3184 shall be applicable to this review.

24         (6)  WEKIVA RIVER BASIN TRANSPORTATION; LAND USE AND

25  WATER RESOURCES INTEGRATED PLANNING AREA DEFINED.--

26         (a)  The state land planning agency, in collaboration

27  with affected local governments, other state and regional

28  agencies, appropriate federal agencies, and interested parties

29  shall coordinate the development of an integrated plan for

30  future transportation, land use, and water resource needs in

31  the area of the Wekiva River Basin. Affected local governments

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 1  shall incorporate the integrated plan in their respective

 2  comprehensive plans by amendment pursuant to paragraph (7)(b).

 3  The integrated plan for the future transportation, land use,

 4  and water resources in the area of the Wekiva River Basin

 5  shall include the following lands in Lake and Orange

 6  Counties:  Township 18 South, Range 27 East, Sections 22-27,

 7  34-36; and Township 18 South, Range 28 East, Sections 19-22,

 8  27-34; and Township 19 South, Range 27 East, Sections 1-3,

 9  10-15, 24, 25, 36; and Township 19 South, Range 28 East,

10  Sections 3-10, 15-22, 27-34; and Township 20 South, Range 27

11  East, Sections 1, 2, 11-14, 23-26, 35, 36; and  Township 20

12  South, Range 28 East, Sections 3-10, 15-22, less and except

13  those lands located in a joint planning area defined by a

14  county and municipality as of the date of this act, and less

15  and except those lands located in the Wekiva River Protection

16  Area defined in s. 369.303(9).

17         (b)  During the period of time between the effective

18  date of this act and the adoption of the plan amendments

19  required in subsections (5) and (7), a local government with

20  jurisdiction in the area defined in paragraph (a) shall not

21  amend its comprehensive plan to increase the density or

22  intensity of development.

23         (c)  Notwithstanding paragraph (b), a local government

24  may amend its plan as needed to plan, design, engineer, and

25  acquire the right-of-way for the Wekiva Parkway or the U.S.

26  441 Bypass.

27         (d)  This section shall not be construed to limit any

28  local government's authority to implement its current

29  comprehensive plan, including the ability to approve

30  development consistent with its current comprehensive plan and

31  provide public facilities and services as provided in the

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 1  5-year capital improvement element, or consistent with a joint

 2  planning agreement.

 3         (7)  COMPREHENSIVE PLAN REQUIREMENTS FOR THE WEKIVA

 4  BASIN INTEGRATED TRANSPORTATION, LAND USE, AND WATER RESOURCE

 5  PLANNING AREA.--

 6         (a)  The purpose of the integrated plan for future

 7  transportation, land use, and water resource needs is to

 8  assist affected local governments in completing the planning

 9  needed to prepare for the construction and related mitigation

10  of the Wekiva Parkway and the U.S. 441 Bypass and further

11  protection of the Wekiva River Springshed. The state land

12  planning agency shall coordinate development of this plan with

13  the Department of Environmental Protection, the St. Johns

14  River Water Management District, the Department of

15  Transportation, the Fish and Wildlife Conservation Commission,

16  the Department of Agriculture and Consumer Services, the East

17  Central Florida Regional Planning Council, the Orlando-Orange

18  County Expressway Authority, the Seminole County Expressway

19  Authority, appropriate federal agencies, interest groups

20  represented on the Wekiva Basin Area Task Force, and other

21  interested parties.

22         (b)  By December 31, 2004, or as part of any

23  comprehensive plan amendment that proposes to increase the

24  density or intensity of development within the integrated

25  planning area, whichever comes first, a local government must

26  adopt the comprehensive plan amendments required by this

27  subsection. These plan amendments shall consider, but need not

28  be limited to, the following:

29         1.  A detailed land use plan that considers the overall

30  types, intensities, and densities of development now permitted

31  by the applicable local comprehensive plan as of the effective

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 1  date of this act. However, flexibility is available to convert

 2  between land use categories provided that provisions to

 3  protect groundwater recharge are equal to or greater than

 4  existing levels. The land use plan adopted by the respective

 5  jurisdictions may include establishing reasonable urban growth

 6  boundaries for existing municipalities in the area. As a

 7  component of the land use plan, a local government shall have

 8  the option to investigate the economic and other benefits that

 9  might be derived from the establishment of a Rural Land

10  Stewardship Area pursuant to s. 163.3177(11)(d). As part of

11  this investigation, a local government shall have the

12  flexibility to consider application of the stewardship concept

13  that may be better suited to local circumstances. If deemed

14  beneficial, a Rural Land Stewardship Area may be established

15  by the local government.

16         2.  A transportation plan that addresses the Wekiva

17  Parkway and U.S. 441 alignments, as applicable, interchange

18  locations, and design and construction features. The

19  transportation plan should include an evaluation of any

20  programmed road improvements that are made unnecessary by the

21  Wekiva Parkway or the U.S. 441 Bypass.

22         3.  Infrastructure planning including incentives for

23  enhanced wastewater treatment and effluent disposal and

24  stormwater management, including programs establishing

25  incentives or regulations for the inspection and maintenance

26  of existing onsite treatment and disposal systems, and for the

27  installation of enhanced onsite treatment and disposal

28  systems.

29         4.  Provisions requiring design standards for

30  commercial and other signage which are compatible with and

31  reflect the character of the area.

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 1         5.  Interchange land use plans, as applicable,

 2  including provisions for land use planning requirements for

 3  each of the interchanges associated with the Wekiva Parkway,

 4  including land use strategies and development standards, to

 5  maintain and to protect groundwater resources. The interchange

 6  land use plans or any other plans for additional expressways

 7  must address appropriate land uses and compatible development,

 8  secondary road access, access management, right-of-way

 9  protection, vegetative protection and landscaping, signage,

10  and the height and appearance of structures.

11         (c)  A local government may not amend its comprehensive

12  plan if it does not adopt the comprehensive plan amendments as

13  required by this section. The Administration Commission may

14  impose the sanctions provided by s. 163.3184(11) against any

15  local government that fails to adopt the required

16  comprehensive plan amendments, using the procedure in s.

17  163.3191(11). All existing local governments are required to

18  adopt the comprehensive plan amendments required by this

19  subsection as amendments to their respective comprehensive

20  plans. Any municipality incorporated within the integrated

21  planning area after the effective date of this act shall

22  include applicable portions of the comprehensive plan

23  amendments required by this subsection in the initial

24  transmittal and adoption of its local government comprehensive

25  plan.

26         (d)  After December 31, 2004, the state land planning

27  agency shall review the local comprehensive plans, and all

28  amendments, which are applicable to portions of the integrated

29  planning area for compliance with the provisions of this

30  subsection in addition to its review of local comprehensive

31  plans and amendments for compliance as defined in s. 163.3184.

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 1  All the procedures and penalties described in s. 163.3184

 2  shall be applicable to this review.

 3         (e)  As part of the integrated planning process for

 4  future transportation, land use, and water resources, the

 5  state land planning agency and local governments with

 6  jurisdiction shall consider issues of compatibility of the

 7  integrated planning area with the Wekiva River Protection Area

 8  as designated in part II of chapter 369. By January 30, 2005,

 9  the state land planning agency shall report to the Governor,

10  the President of the Senate, and the Speaker of the House of

11  Representatives any land use compatibility issues with respect

12  to the Wekiva River Protection Area, including recommendations

13  to address any identified compatibility issues.

14         (8)  TRANSPORTATION REQUIREMENTS IN THE WEKIVA RIVER

15  BASIN.--

16         (a)  The Department of Transportation, in collaboration

17  with the Turnpike Enterprise, the Orlando-Orange County

18  Expressway Authority, and the Seminole County Expressway

19  Authority shall, by September 15, 2004, provide to the

20  Governor and the Legislature a report of their joint

21  recommendations to implement the Wekiva Basin Area Task Force

22  recommendations in its Final Report dated January 15, 2003.

23  The report shall also include the agencies' joint

24  recommendations on the following:

25         1.  The choice of a lead agency to build the Wekiva

26  Parkway and the respective roles of other transportation

27  agencies, authorities, and enterprises;

28         2.  A funding plan for locating, designing, and

29  constructing the Wekiva Parkway which addresses the task force

30  recommendations related to wider rights-of-way to promote the

31  

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 1  parkway concept, preserve rural character, buffer

 2  interchanges, and other design features; and

 3         3.  Any legislation needed to secure the authority

 4  needed to acquire private lands or development rights within

 5  the Wekiva River Protection Area or the Wekiva River

 6  Springshed Protection Area in excess of that which is required

 7  for right-of-way and associated roadway construction.

 8         (b)  The Orlando-Orange County Expressway Authority,

 9  the Seminole County Expressway Authority, the Department of

10  Transportation, and the Turnpike Enterprise shall locate the

11  precise corridor and interchanges for the Wekiva Parkway

12  within the corridor generally depicted in Figure 3,

13  "Recommended Corridor for the Wekiva Parkway," of the Final

14  Report of the Wekiva Basin Area Task Force dated January 15,

15  2003. The determination of the final alignment of the Wekiva

16  Parkway within Seminole County shall be subject to approval by

17  the Seminole County Expressway Authority. The transportation

18  agencies shall apply the "Guiding Principles for the Wekiva

19  Parkway Design Features and Construction" to the construction

20  of the Wekiva Parkway and, as applicable, to the U.S. 441

21  Bypass, the expansion of existing expressways within the

22  Wekiva River Springshed Protection Area, and the Wekiva River

23  Protection Area, as the Task Force recommended in

24  Recommendation 2 and Recommendation 8 of its Final Report,

25  dated January 15, 2003.

26         (c)  The specific design features included within

27  Recommendations Nos. 3, 4, 6, and 7 of the Wekiva Basin Area

28  Task Force Report shall be incorporated within the design of

29  the Wekiva Parkway and the U.S. 441 Bypass, as applicable,

30  where those expressways extend into or across the Wekiva River

31  Protection Area or Wekiva River Springshed Protection Area.

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 1  Such features, to the maximum extent feasible, shall include,

 2  but not be limited to, elevated roadways or bridging of

 3  identified wildlife corridors, a parkway design with

 4  appropriate natural buffers between the roadways and adjacent

 5  areas, fulfillment of mitigation needs by supporting land

 6  acquisition projects only within the Wekiva River Protection

 7  Area or Wekiva River Springshed Protection Area, and

 8  limitations on the number and location of permissible

 9  interchanges.

10         (d)  If a local government fails to timely adopt plan

11  amendments required by this section, it shall be subject to

12  the imposition of sanctions by the Administration Commission,

13  and that government's failure to adopt amendments by December

14  31, 2004, shall not preclude construction of the Wekiva

15  Parkway or U.S. 441 Bypass. Nothing herein shall preclude the

16  immediate planning, design, engineering, and right-of-way

17  acquisition of the U.S. 441 Bypass pursuant to Recommendation

18  11 of the Final Report of the Wekiva Basin Area Task Force,

19  dated January 15, 2003.

20         (9)  PLANNING ASSISTANCE TO LOCAL GOVERNMENTS.--The

21  state land planning agency and appropriate state and regional

22  agencies shall provide planning assistance to the affected

23  local governments in the development of comprehensive plan

24  amendments to meet the requirements of this act. The state

25  land planning agency, with the support of the Department of

26  Environmental Protection, the Department of Agriculture and

27  Consumer Services, and the St. Johns River Water Management

28  District shall develop model land development regulations for

29  the implementation of this act. The state land planning agency

30  is authorized to prioritize the expenditure of funds

31  appropriated for the purpose of providing technical assistance

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 1  to local governments to those local governments with

 2  jurisdiction in the Wekiva River Springshed Protection Area

 3  and integrated planning area defined in subsection (6).

 4         (10)  DUTIES OF THE DEPARTMENT OF AGRICULTURE AND

 5  CONSUMER SERVICES.--The Department of Agriculture and Consumer

 6  Services shall assist local governments in implementing this

 7  section and local governments shall consult with the

 8  Department of Agriculture and Consumer Services to determine

 9  if agricultural best management practices should be included

10  in the comprehensive plan. Following consultation with a local

11  government, any agricultural best management practices

12  referenced or required in a comprehensive plan amendment shall

13  be developed and adopted by the Department of Agriculture and

14  Consumer Services.

15         Section 3.  Paragraph (m) is added to subsection (1) of

16  section 163.3187, Florida Statutes, to read:

17         163.3187  Amendment of adopted comprehensive plan.--

18         (1)  Amendments to comprehensive plans adopted pursuant

19  to this part may be made not more than two times during any

20  calendar year, except:

21         (m)  Any comprehensive plan amendment related to the

22  implementation of the Wekiva River Basin Planning Act,

23  pursuant to s. 369.3011.

24         Section 4.  Section 373.0425, Florida Statutes, is

25  created to read:

26         373.0425  Duties of the St. Johns River Water

27  Management District regarding springshed protection.--

28         (1)  The St. Johns River Water Management District

29  shall complete a review of its existing permitting rules

30  authorized under parts II and IV of chapter 373 to determine

31  the appropriateness of adding criteria within the Wekiva River

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 1  Springshed Protection Area to protect the water quality and

 2  flow of springs in the Wekiva River System as defined in s.

 3  369.303(10). In reviewing its rules, the St. Johns River Water

 4  Management District shall consider Recommendation 15 of the

 5  Final Report of the Wekiva Basin Area Task Force, dated

 6  January 15, 2003, and whether it is appropriate to add

 7  criteria specific to the Wekiva River Springshed Protection

 8  Area. The review shall include, but need not be limited to,

 9  aquifer recharge protection, permitting thresholds to prevent

10  significant adverse impacts to the springs, concurrent action

11  on consumptive use permit and environmental resource permit

12  applications, landscaping to reduce irrigation needs and

13  protect spring water quality, and use of reclaimed water to

14  reduce the use of groundwater. This review shall be completed

15  by December 1, 2003.

16         (2)  If rule amendments are determined to be

17  appropriate, the St. Johns River Water Management District

18  shall commence the rulemaking process within 90 days after the

19  adoption of the boundary of the Wekiva River Springshed

20  Protection Area by the Administration Commission pursuant to

21  s. 369.3011(4). If such rule amendments include amendments to

22  chapter 40C-44, Florida Administrative Code, governing the

23  regulation of agricultural surface water management systems,

24  the St. Johns River Water Management District shall consult

25  with the Department of Agriculture and Consumer Services to

26  develop such rule amendments.

27         Section 5.  Section 381.0069, Florida Statutes, is

28  created to read:

29         381.0069  Wekiva River Springshed Protection

30  Area.--Within 3 years after the adoption of a final boundary

31  of the Wekiva River Springshed Protection Area by the

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 1  Administration Commission pursuant to s. 369.3011(4)(d), the

 2  Department of Health, with assistance from the Department of

 3  Environmental Protection, shall develop a program to encourage

 4  and provide incentives for the inspection and maintenance of

 5  onsite wastewater treatment and disposal systems and for the

 6  installation of enhanced onsite treatment and disposal systems

 7  within the Wekiva River Springshed Protection Area.

 8         Section 6.  Subsection (8) is added to section 373.139,

 9  Florida Statutes, to read:

10         373.139  Acquisition of real property.--

11         (8)  The St. Johns River Water Management District is

12  encouraged to pursue the fee simple or less-than-fee-simple

13  purchase of lands in the Wekiva Basin Area which contribute

14  surface water and groundwater to spring flow as a means to

15  protect the Wekiva River Springs.

16         Section 7.  Subsection (5) of section 369.307, Florida

17  Statutes, is amended to read:

18         369.307  Developments of regional impact in the Wekiva

19  River Protection Area; land acquisition.--

20         (5)  The Department of Environmental Protection is

21  directed to proceed to negotiate for acquisition of

22  conservation and recreation lands projects within the Wekiva

23  River Protection Area provided that such projects have been

24  deemed qualified under statutory and rule criteria for

25  purchase and have been placed on the priority list for

26  acquisition by the advisory council created in s. 259.035 or

27  its successor. Agencies are encouraged to use all means at

28  their disposal for completing the acquisition of the

29  Wekiva-Ocala Greenway Florida Forever Project. It is the

30  intent of the Legislature that the highest priority be given

31  to completing the acquisition of the following specific

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 1  parcels, as identified in Recommendation 16 of the Final

 2  Report of the Wekiva Basin Area Task Force, dated January 15,

 3  2003, prior to construction associated with the Wekiva Parkway

 4  and U.S. 441 Bypass:

 5         (a)  Neighborhood Lakes;

 6         (b)  Seminole Woods/Swamp;

 7         (c)  New Garden Coal; and

 8         (d)  Pine Plantation.

 9  

10  It is also the intent of the Legislature that efforts should

11  be made to identify and acquire additional lands located

12  within the Wekiva River Springs recharge area. Agencies are

13  encouraged to pursue binding purchase agreements for the

14  acquisition of properties identified above, to the greatest

15  extent practicable, prior to the commencement of construction

16  of the Wekiva Parkway.

17         Section 8.  This act shall stand repealed effective

18  July 1, 2008, unless purchase of the right-of-way for the

19  Wekiva Parkway or the U.S. 441 Bypass has been commenced. Part

20  II of chapter 369, Florida Statutes, (2002) shall not be

21  repealed by operation of this section.

22         Section 9.  This act shall take effect July 1, 2003.

23  

24  

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    Florida Senate - 2003                           CS for SB 1956
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1956

 3                                 

 4  The committee substitute creates s. 369.3011, F.S., the Wekiva
    River Basin Planning Act.
 5  
    This bill renames the "Wekiva River Protection Act" as the
 6  "Wekiva River Basin and Springs Protection and Planning Act."
    Creates the "Wekiva River Basin Planning Act." Provides
 7  legislative intent and findings. Provides legislative intent
    that regional transportation facilities be located, designed,
 8  and constructed in a manner that assures the protection of the
    Wekiva River Basin ecosystem. Provides definitions. Requires
 9  the Governor and Cabinet, sitting as the Administration
    Commission, to establish by rule a Wekiva River Springshed
10  Protection Area to complement the Wekiva River Protection
    Area. The boundary for the Wekiva River Springshed Protection
11  Area shall be based on certain specified criteria.

12  Requires the state land planning agency, in consultation with
    the Department of Environmental Protection, the St. Johns
13  River Water Management District, and the Department of
    Agriculture and Consumer Services to adopt by rule minimum
14  criteria for land use strategies and development standards
    within the Wekiva River Springshed Protection Area. Provides
15  that the rules become effective only after they have been
    reviewed by the Legislature.
16  
    Requires local governments to adopt certain comprehensive plan
17  amendments.

18  Requires the state land planning agency to coordinate the
    development of an integrated plan for future transportation,
19  land use, and water resource needs in the area of the Wekiva
    River Basin. Requires affected local governments to
20  incorporate the integrated plan in their respective
    comprehensive plans by amendment. The integrated plan includes
21  certain lands in Lake and Orange Counties. During a certain
    period of time, amendments to increase the density or
22  intensity of development are prohibited.

23  Notwithstanding any other prohibitions, a local government may
    amend its plan as needed to plan, design, engineer, and
24  acquire the right-of-way for the Wekiva Parkway or the U.S.
    441 Bypass. A local government's authority to implement its
25  current comprehensive plan is not limited.

26  Provides that the state land planning agency shall coordinate
    the development of the Wekiva Basin Integrated Transportation,
27  Land Use, and Water Resource Plan with other specified
    entities. Provides for comprehensive plan amendments by
28  affected local governments.

29  Requires the Department of Transportation to provide a report
    to the Governor and the Legislature with recommendations.
30  
    Requires the Orlando-Orange County Expressway Authority, the
31  Seminole County Expressway Authority, the Department of
    Transportation, and the Turnpike Enterprise to locate the
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 1  precise corridor and interchanges for the Wekiva Parkway
    within the corridor generally depicted in Figure 3,
 2  "Recommended Corridor for the Wekiva Parkway," of the Wekiva
    Basin Area Task Force's Final Report. Requires the
 3  transportation agencies to apply the "Guiding Principles for
    the Wekiva Parkway Design Features and Construction" to the
 4  construction of the Wekiva Parkway and, as applicable, to the
    U.S. 441 Bypass.
 5  
    Requires the state planning agency and appropriate state and
 6  regional agencies to provide planning assistance to the
    affected local governments in the development of comprehensive
 7  plan amendments.

 8  Provides for duties of the Department of Agriculture and
    Consumer Services regarding best management practices.
 9  
    Provides that comprehensive plan amendments related to the
10  implementation of the Wekiva River Basin Planning Act are not
    subject to the twice-a-year amendment restriction.
11  
    Provides certain duties of the St. Johns River Water
12  Management District regarding springshed protection.

13  Requires the Department of Environmental Protection to develop
    a program to encourage and provide incentives for the
14  inspection and maintenance of onsite wastewater treatment and
    disposal systems and for the installation of enhanced onsite
15  treatment and disposal systems within the Wekiva River
    Springshed Protection Area.
16  
    Encourages the St. Johns River Water Management District to
17  purchase certain lands.

18  Encourages agencies to acquire certain parcels of land.

19  Provides that the act is repealed on July 1, 2008, unless
    purchase of the right-of-way for the Wekiva Parkway or the
20  U.S. 441 Bypass has been commenced.

21  

22  

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