Senate Bill sb1956e1
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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 legislative findings with respect to loss of
9 property values due to the proximity of a
10 regional water reservoir; authorizing a cause
11 of action for a property owner; specifying a
12 period during which a property owner may
13 present a claim for compensation to the
14 regional water supply authority that
15 constructs, operates, and maintains the
16 reservoir; providing requirements for the offer
17 of compensation by a regional water supply
18 authority; providing for judicial review under
19 the Bert J. Harris, Jr., Private Property
20 Rights Protection Act; providing for an award
21 of costs and attorney's fees; providing for
22 future repeal of the section; providing for
23 severability; providing for the repeal of this
24 act; providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Section 369.301, Florida Statutes, is
29 amended to read:
30 369.301 Short title.--This part may be cited as the
31 "Wekiva River Basin and Springs Protection and Planning Act."
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1 Section 2. Section 369.3011, Florida Statutes, is
2 created to read:
3 369.3011 Land use, transportation, and water resources
4 planning in the Wekiva River Basin.--
5 (1) SHORT TITLE.--This section may be cited as the
6 "Wekiva River Basin Planning Act."
7 (2) LEGISLATIVE INTENT.--
8 (a) The Legislature recognizes that population growth
9 and the future transportation and water resource needs of the
10 central Florida region must be balanced with protection of the
11 ecosystem of the Wekiva River Basin and finds that these are
12 issues of legitimate and compelling state interest. The
13 Legislature, therefore, finds that the recommendations
14 included in the Final Report, dated January 15, 2003, of the
15 Wekiva Basin Area Task Force, which was created by Executive
16 Order 2002-259, are valuable and should be implemented.
17 (b) The Legislature finds that, in addition to the
18 issues of legitimate and compelling state interest related to
19 protecting natural resources and meeting the future
20 transportation needs in and near the Wekiva Basin Area, there
21 exists a state interest in respecting and recognizing
22 judicially acknowledged or statutorily and constitutionally
23 protected property rights. It is the intent of the Legislature
24 that state agencies and county and municipal governments with
25 jurisdiction in the area of the Wekiva River Basin establish
26 policies to guide and coordinate local decisions relating to
27 growth and development and implement their decisions without
28 imposing undue restrictions on vested property rights in
29 violation of the laws and constitutions of this state and of
30 the United States. Further, the Legislature recognizes
31 sensitivity to private property rights as stated in s.
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1 163.3167(8) to not limit or modify rights of any person to
2 complete any development that has been authorized as a
3 development of regional impact pursuant to chapter 380 or who
4 has been issued a final local development order and
5 development has commenced and is continuing in good faith as
6 of the effective date of this act.
7 (c) The Legislature finds that the water resources and
8 ecosystems of the Wekiva River Basin and the associated
9 springshed areas that sustain the spring-fed Wekiva River and
10 tributaries are of irreplaceable value to the quality of life
11 and well-being of the people of the State of Florida. The
12 Legislature further finds that greater intensities of
13 development facilitated by the construction of major
14 transportation facilities through the Wekiva River Basin and
15 associated springshed areas may, unless properly designed,
16 present serious threats to the continuing existence of the
17 hydrological functions of the springs. It is the intent of the
18 Legislature that regional transportation facilities be
19 located, designed, and constructed in a manner that assures
20 the protection of the Wekiva River Basin ecosystem. To
21 accomplish these purposes, the Legislature directs that the
22 completion of transportation improvements, including, but not
23 limited to, the Wekiva Parkway and U.S. 441 Bypass, be
24 accomplished in the context of a well-coordinated plan that
25 simultaneously assures that the natural resources of the
26 Wekiva River Basin, including the springshed, are protected
27 against adverse impacts.
28 (3) DEFINITIONS.--As used in this section, the term:
29 (a) "Springshed" means the geographic area that
30 contributes groundwater and surface water to the Wekiva River
31 Springs systems.
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1 (b) "U.S. 441 Bypass" means an expressway system
2 connector designed and constructed as part of an extension of
3 State Road 429 that begins at the Maitland Boulevard Extension
4 Interchange and links to the Wekiva Parkway at a system
5 interchange and continues in a northwesterly direction into
6 Lake County.
7 (c) "Wekiva Parkway" means any limited access highway
8 or expressway constructed between State Road 429 and
9 Interstate 4.
10 (4) DESIGNATION OF THE WEKIVA RIVER SPRINGSHED
11 PROTECTION AREA.--
12 (a) The Governor and Cabinet, sitting as the
13 Administration Commission, shall establish by rule a Wekiva
14 River Springshed Protection Area, which shall complement the
15 Wekiva River Protection Area as defined in s. 369.303(9). Not
16 later than September 30, 2003, the state land planning agency
17 shall begin this process by giving notice of negotiated
18 rulemaking, pursuant to s. 120.54(2)(d), for the purpose of
19 recommending to the Administration Commission boundaries for
20 the Wekiva River Springshed Protection Area.
21 (b) The boundary for the Wekiva River Springshed
22 Protection Area shall be based upon, but need not be limited
23 to, the following criteria:
24 1. The Wekiva River Springshed Protection Area must
25 encompass an area no larger than the Wekiva River Springshed.
26 2. The boundary of the Wekiva River Springshed
27 Protection Area shall be based upon the best available data
28 from the St. Johns River Water Management District, the
29 Department of Environmental Protection, the Department of
30 Agriculture and Consumer Services, and other sources.
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1 3. The boundary of the Wekiva River Springshed
2 Protection Area shall be established in a manner that ensures
3 predictability and uniformity of implementation, which may
4 require aligning boundaries with recognizable geographic
5 features that are not subject to change.
6 (c) Within 45 days after receipt of the recommended
7 boundaries, the Governor and Cabinet, sitting as the
8 Administration Commission shall adopt, modify, or reject the
9 recommendation and shall by rule establish the boundaries of
10 the Wekiva River Springshed Protection Area.
11 (5) COMPREHENSIVE PLAN REQUIREMENTS FOR THE WEKIVA
12 RIVER SPRINGSHED PROTECTION AREA.--
13 (a) The state land planning agency, in consultation
14 with the Department of Environmental Protection, the St. Johns
15 River Water Management District, and the Department of
16 Agriculture and Consumer Services, shall, not less than 60
17 days prior to the next regular legislative session, adopt by
18 negotiated rule pursuant to s. 120.54(2)(d) minimum criteria
19 for land use strategies and development standards within the
20 Wekiva River Springshed Protection Area. Such rules shall not
21 be subject to rule challenges under s. 120.56(2) or to drawout
22 proceedings under s. 120.54(3)(c)2. Such rules shall become
23 effective only after they have been submitted to the President
24 of the Senate and the Speaker of the House of Representatives
25 for review by the Legislature. In its review, the Legislature
26 may accept, reject, modify, or take no action relative to the
27 rules. The agency shall conform the rules to the changes made
28 by the Legislature or, if no action was taken, the agency
29 rules shall become effective.
30 (b) The rules for the land use strategies and
31 development standards, which shall be in addition to the
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1 current statutory requirements, shall protect the quality and
2 quantity of recharge that replenishes and maintains spring
3 flows for the Wekiva River. Land use strategies and
4 development controls shall apply throughout the Wekiva River
5 Springshed Protection Area and shall include, but need not be
6 limited to, the following:
7 1. Ensuring appropriate drainage, wastewater
8 treatment, and water supply to support new or existing
9 development;
10 2. Locating low-impact land uses near the Wekiva River
11 Springs. Low-impact land uses include preservation,
12 conservation, passive recreation, unimproved rangeland,
13 silviculture, and rural residential;
14 3. Minimizing impervious surfaces to reduce runoff and
15 retain recharge;
16 4. Maintaining open space and natural recharge areas
17 to protect groundwater resources and wildlife habitat through
18 standards for open space, impervious surface coverage, and
19 clustering; transfer of land use credits or development
20 rights; and land acquisition, purchase of development rights,
21 and conservation easements;
22 5. Managing stormwater impacts to reduce runoff and
23 maintain water quality of recharge;
24 6. Providing enhanced wastewater treatment for septic
25 tanks, central treatment systems, and a septic tank
26 maintenance program;
27 7. Using landscape design and maintenance to reduce
28 impacts from chemicals and conserve water resources, including
29 golf course design and maintenance;
30 8. Siting, constructing, and maintaining golf courses
31 using special management zones, integrated pest management,
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1 and a natural resource management plan to prevent, manage, and
2 monitor potential impacts to water resources; and
3 9. Adopting local programs for public education and
4 partnerships with property owners, consideration of land or
5 development rights acquisition, and cooperative management of
6 public owned lands, economic development, and ecotourism.
7 (c) Within 1 year after the ratification of the rules
8 for land use strategies and development standards for the
9 Wekiva River Springshed Protection Area, or after approval of
10 the rules as part of any comprehensive plan amendment that
11 proposes to increase the density or intensity of development
12 within the Wekiva River Springshed Protection Area, whichever
13 occurs first, a local government must adopt the comprehensive
14 plan amendments required by this subsection. A local
15 government may not amend its comprehensive plan if it does not
16 adopt the amendments as required by this subsection. The
17 Administration Commission may impose the sanctions provided by
18 s. 163.3184(11) against any local government that fails to
19 adopt the comprehensive plan amendments required by this
20 subsection, using the procedure in s. 163.3191(11). All
21 existing local governments are required to adopt the
22 comprehensive plan amendments required by this subsection as
23 amendments to their respective comprehensive plans. Any
24 municipality incorporated within the Wekiva River Springshed
25 Protection Area after the effective date of this act shall
26 include applicable portions of the comprehensive plan
27 amendments required by this subsection in the initial
28 transmittal and adoption of its local government comprehensive
29 plan.
30 (d) After legislative ratification of the rules for
31 land use strategies and springshed protection, the state land
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1 planning agency shall review the local comprehensive plans,
2 and all amendments, which are applicable to portions of the
3 Wekiva River Springshed Protection Area for compliance with
4 the provisions of this subsection in addition to its review of
5 local comprehensive plans and amendments for compliance as
6 defined in s. 163.3184. All procedures and penalties described
7 in s. 163.3184 shall be applicable to this review.
8 (6) WEKIVA RIVER BASIN TRANSPORTATION; LAND USE AND
9 WATER RESOURCES INTEGRATED PLANNING AREA DEFINED.--
10 (a) The state land planning agency, in collaboration
11 with affected local governments, other state and regional
12 agencies, appropriate federal agencies, and interested parties
13 shall coordinate the development of an integrated plan for
14 future transportation, land use, and water resource needs in
15 the area of the Wekiva River Basin. Affected local governments
16 shall incorporate the integrated plan in their respective
17 comprehensive plans by amendment pursuant to paragraph (7)(b).
18 The integrated plan for the future transportation, land use,
19 and water resources in the area of the Wekiva River Basin
20 shall include the following lands in Lake and Orange
21 Counties: Township 18 South, Range 27 East, Sections 22-27,
22 34-36; and Township 19 South, Range 27 East, Sections 1-3,
23 10-15, 24, 25, 36; and Township 19 South, Range 28 East,
24 Sections 6, 7, 18, 19, 29, 30-32; and Township 20 South, Range
25 27 East, Sections 1, 2, 11-14, 23-26, 35, 36; and Township 20
26 South, Range 28 East, Sections 4-9, 16-18, less and except
27 those lands located in the Wekiva River Protection Area
28 defined in s. 369.303(9).
29 (b) During the period of time between the effective
30 date of this act and the adoption of the plan amendments
31 required in subsections (5) and (7), a local government with
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1 jurisdiction in the area defined in paragraph (a) shall not
2 amend its comprehensive plan to increase the density or
3 intensity of development.
4 (c) Notwithstanding paragraph (b), a local government
5 may amend its plan as needed to plan, design, engineer, and
6 acquire the right-of-way for the Wekiva Parkway or the U.S.
7 441 Bypass.
8 (d) This section shall not be construed to limit any
9 local government's authority to implement its current
10 comprehensive plan, including the ability to approve
11 development consistent with its current comprehensive plan and
12 provide public facilities and services as provided in the
13 5-year capital improvement element, or consistent with a joint
14 planning agreement.
15 (7) COMPREHENSIVE PLAN REQUIREMENTS FOR THE WEKIVA
16 BASIN INTEGRATED TRANSPORTATION, LAND USE, AND WATER RESOURCE
17 PLANNING AREA.--
18 (a) The purpose of the integrated plan for future
19 transportation, land use, and water resource needs is to
20 assist affected local governments in completing the planning
21 needed to prepare for the construction and related mitigation
22 of the Wekiva Parkway and the U.S. 441 Bypass and further
23 protection of the Wekiva River Springshed. The state land
24 planning agency shall coordinate development of this plan with
25 the Department of Environmental Protection, the St. Johns
26 River Water Management District, the Department of
27 Transportation, the Fish and Wildlife Conservation Commission,
28 the Department of Agriculture and Consumer Services, the East
29 Central Florida Regional Planning Council, the Orlando-Orange
30 County Expressway Authority, the Seminole County Expressway
31 Authority, appropriate federal agencies, interest groups
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1 represented on the Wekiva Basin Area Task Force, and other
2 interested parties.
3 (b) By December 31, 2004, or as part of any
4 comprehensive plan amendment that proposes to increase the
5 density or intensity of development within the integrated
6 planning area, whichever comes first, a local government must
7 adopt the comprehensive plan amendments required by this
8 subsection. These plan amendments shall consider, but need not
9 be limited to, the following:
10 1. A detailed land use plan that considers the overall
11 types, intensities, and densities of development now permitted
12 by the applicable local comprehensive plan as of the effective
13 date of this act. However, flexibility is available to convert
14 between land use categories such that groundwater recharge
15 levels are equal to or greater than existing levels. The land
16 use plan adopted by the respective jurisdictions may include
17 establishing reasonable urban growth boundaries for existing
18 municipalities in the area. As a component of the land use
19 plan, a local government shall have the option to investigate
20 the economic and other benefits that might be derived from the
21 establishment of a Rural Land Stewardship Area pursuant to s.
22 163.3177(11)(d). As part of this investigation, a local
23 government shall have the flexibility to consider application
24 of the stewardship concept that may be better suited to local
25 circumstances. If deemed beneficial, a Rural Land Stewardship
26 Area may be established by the local government.
27 2. A transportation plan that addresses the Wekiva
28 Parkway and U.S. 441 alignments, as applicable, interchange
29 locations, and design and construction features. The
30 transportation plan should include an evaluation of any
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1 programmed road improvements that are made unnecessary by the
2 Wekiva Parkway or the U.S. 441 Bypass.
3 3. Infrastructure planning including incentives for
4 enhanced wastewater treatment and effluent disposal and
5 stormwater management, including programs establishing
6 incentives or regulations for the inspection and maintenance
7 of existing onsite treatment and disposal systems, and for the
8 installation of enhanced onsite treatment and disposal
9 systems.
10 4. Provisions requiring design standards for
11 commercial and other signage which are compatible with and
12 reflect the character of the area.
13 5. Interchange land use plans, as applicable,
14 including provisions for land use planning requirements for
15 each of the interchanges associated with the Wekiva Parkway,
16 including land use strategies and development standards, to
17 maintain and to protect groundwater resources. The interchange
18 land use plans or any other plans for additional expressways
19 must address appropriate land uses and compatible development,
20 secondary road access, access management, right-of-way
21 protection, vegetative protection and landscaping, signage,
22 and the height and appearance of structures.
23 (c) A local government may not amend its comprehensive
24 plan if it does not adopt the comprehensive plan amendments as
25 required by this section. The Administration Commission may
26 impose the sanctions provided by s. 163.3184(11) against any
27 local government that fails to adopt the required
28 comprehensive plan amendments, using the procedure in s.
29 163.3191(11). All existing local governments are required to
30 adopt the comprehensive plan amendments required by this
31 subsection as amendments to their respective comprehensive
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1 plans. Any municipality incorporated within the integrated
2 planning area after the effective date of this act shall
3 include applicable portions of the comprehensive plan
4 amendments required by this subsection in the initial
5 transmittal and adoption of its local government comprehensive
6 plan.
7 (d) After December 31, 2004, the state land planning
8 agency shall review the local comprehensive plans, and all
9 amendments, which are applicable to portions of the integrated
10 planning area for compliance with the provisions of this
11 subsection in addition to its review of local comprehensive
12 plans and amendments for compliance as defined in s. 163.3184.
13 All the procedures and penalties described in s. 163.3184
14 shall be applicable to this review.
15 (e) As part of the integrated planning process for
16 future transportation, land use, and water resources, the
17 state land planning agency and local governments with
18 jurisdiction shall consider issues of compatibility of the
19 integrated planning area with the Wekiva River Protection Area
20 as designated in part II of chapter 369. By January 30, 2005,
21 the state land planning agency shall report to the Governor,
22 the President of the Senate, and the Speaker of the House of
23 Representatives any land use compatibility issues with respect
24 to the Wekiva River Protection Area, including recommendations
25 to address any identified compatibility issues.
26 (8) TRANSPORTATION REQUIREMENTS IN THE WEKIVA RIVER
27 BASIN.--
28 (a) The Department of Transportation, in collaboration
29 with the Turnpike Enterprise, the Orlando-Orange County
30 Expressway Authority, and the Seminole County Expressway
31 Authority shall, by September 15, 2004, provide to the
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1 Governor and the Legislature a report of their joint
2 recommendations to implement the Wekiva Basin Area Task Force
3 recommendations in its Final Report dated January 15, 2003.
4 The report shall also include the agencies' joint
5 recommendations on the following:
6 1. The choice of a lead agency to build the Wekiva
7 Parkway and the respective roles of other transportation
8 agencies, authorities, and enterprises;
9 2. A funding plan for locating, designing, and
10 constructing the Wekiva Parkway which addresses the task force
11 recommendations related to wider rights-of-way to promote the
12 parkway concept, preserve rural character, buffer
13 interchanges, and other design features; and
14 3. Any legislation needed to secure the authority
15 needed to acquire private lands or development rights within
16 the Wekiva River Protection Area or the Wekiva River
17 Springshed Protection Area in excess of that which is required
18 for right-of-way and associated roadway construction.
19 (b) The Orlando-Orange County Expressway Authority,
20 the Seminole County Expressway Authority, the Department of
21 Transportation, and the Turnpike Enterprise shall locate the
22 precise corridor and interchanges for the Wekiva Parkway
23 within the corridor generally depicted in Figure 3,
24 "Recommended Corridor for the Wekiva Parkway," of the Final
25 Report of the Wekiva Basin Area Task Force dated January 15,
26 2003. The determination of the final alignment of the Wekiva
27 Parkway within Seminole County shall be subject to approval by
28 the Seminole County Expressway Authority. The transportation
29 agencies shall apply the "Guiding Principles for the Wekiva
30 Parkway Design Features and Construction" to the construction
31 of the Wekiva Parkway and, as applicable, to the U.S. 441
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1 Bypass, the expansion of existing expressways within the
2 Wekiva River Springshed Protection Area, and the Wekiva River
3 Protection Area, as the Task Force recommended in
4 Recommendation 2 and Recommendation 8 of its Final Report,
5 dated January 15, 2003.
6 (c) The specific design features included within
7 Recommendations Nos. 3, 4, 6, and 7 of the Wekiva Basin Area
8 Task Force Report shall be incorporated within the design of
9 the Wekiva Parkway and the U.S. 441 Bypass, as applicable,
10 where those expressways extend into or across the Wekiva River
11 Protection Area or Wekiva River Springshed Protection Area.
12 Such features, to the maximum extent feasible, shall include,
13 but not be limited to, elevated roadways or bridging of
14 identified wildlife corridors, a parkway design with
15 appropriate natural buffers between the roadways and adjacent
16 areas, fulfillment of mitigation needs by supporting land
17 acquisition projects only within the Wekiva River Protection
18 Area or Wekiva River Springshed Protection Area, and
19 limitations on the number and location of permissible
20 interchanges.
21 (d) If a local government fails to timely adopt plan
22 amendments required by this section, it shall be subject to
23 the imposition of sanctions by the Administration Commission,
24 and that government's failure to adopt amendments by December
25 31, 2004, shall not preclude construction of the Wekiva
26 Parkway or U.S. 441 Bypass. Nothing herein shall preclude the
27 immediate planning, design, engineering, and right-of-way
28 acquisition of the U.S. 441 Bypass pursuant to Recommendation
29 11 of the Final Report of the Wekiva Basin Area Task Force,
30 dated January 15, 2003.
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1 (9) PLANNING ASSISTANCE TO LOCAL GOVERNMENTS.--The
2 state land planning agency and appropriate state and regional
3 agencies shall provide planning assistance to the affected
4 local governments in the development of comprehensive plan
5 amendments to meet the requirements of this act. The state
6 land planning agency, with the support of the Department of
7 Environmental Protection, the Department of Agriculture and
8 Consumer Services, and the St. Johns River Water Management
9 District shall develop model land development regulations for
10 the implementation of this act. The state land planning agency
11 is authorized to prioritize the expenditure of funds
12 appropriated for the purpose of providing technical assistance
13 to local governments to those local governments with
14 jurisdiction in the Wekiva River Springshed Protection Area
15 and integrated planning area defined in subsection (6).
16 (10) DUTIES OF THE DEPARTMENT OF AGRICULTURE AND
17 CONSUMER SERVICES.--The Department of Agriculture and Consumer
18 Services shall assist local governments in implementing this
19 section and local governments shall consult with the
20 Department of Agriculture and Consumer Services to determine
21 if agricultural best management practices should be included
22 in the comprehensive plan. Following consultation with a local
23 government, any agricultural best management practices
24 referenced or required in a comprehensive plan amendment shall
25 be developed and adopted by the Department of Agriculture and
26 Consumer Services.
27 Section 3. Paragraph (m) is added to subsection (1) of
28 section 163.3187, Florida Statutes, to read:
29 163.3187 Amendment of adopted comprehensive plan.--
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1 (1) Amendments to comprehensive plans adopted pursuant
2 to this part may be made not more than two times during any
3 calendar year, except:
4 (m) Any comprehensive plan amendment related to the
5 implementation of the Wekiva River Basin Planning Act,
6 pursuant to s. 369.3011.
7 Section 4. Section 373.0425, Florida Statutes, is
8 created to read:
9 373.0425 Duties of the St. Johns River Water
10 Management District regarding springshed protection.--
11 (1) The Legislature recognizes that Recommendation 15
12 of the Final Report of the Wekiva Basin Area Task Force, dated
13 January 15, 2003 addressed the potential to enhance protection
14 of the Wekiva River System through the regulatory authority of
15 the St. Johns River Water Management District. Therefore, the
16 Legislature directs the St. Johns River Water Management
17 District to review its permitting rules authorized under Parts
18 II and IV to determine whether additional criteria specific to
19 the Wekiva River Springshed Protection Area are appropriate to
20 protect the water quality and flow of springs in accordance
21 with state water quality standards and s. 373.042 in the
22 Wekiva River System as defined in s. 369.303(10). The review
23 shall include, but need not be limited to consideration of
24 criteria to address: aquifer recharge protection; permitting
25 thresholds to prevent significant adverse impacts to the
26 springs; concurrent action on consumptive use permit and
27 environmental resource permit applications; landscaping to
28 reduce irrigation needs; best management practices to protect
29 spring water quality; and use of reclaimed water to reduce the
30 use of groundwater. This review shall be completed by December
31 1, 2003.
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1 (2) If rule amendments are determined to be
2 appropriate, the St. Johns River Water Management District
3 shall commence the rulemaking process within 90 days after the
4 adoption of the boundary of the Wekiva River Springshed
5 Protection Area by the Administration Commission pursuant to
6 s. 369.3011(4). If such rule amendments include amendments to
7 chapter 40C-44, Florida Administrative Code, governing the
8 regulation of agricultural surface water management systems,
9 the St. Johns River Water Management District shall consult
10 with the Department of Agriculture and Consumer Services to
11 develop such rule amendments.
12 Section 5. Section 381.0069, Florida Statutes, is
13 created to read:
14 381.0069 Wekiva River Springshed Protection
15 Area.--Within 3 years after the adoption of a final boundary
16 of the Wekiva River Springshed Protection Area by the
17 Administration Commission pursuant to s. 369.3011(4)(d), the
18 Department of Health, with assistance from the Department of
19 Environmental Protection, shall develop a program to encourage
20 and provide incentives for the inspection and maintenance of
21 onsite wastewater treatment and disposal systems and for the
22 installation of enhanced onsite treatment and disposal systems
23 within the Wekiva River Springshed Protection Area.
24 Section 6. Subsection (8) is added to section 373.139,
25 Florida Statutes, to read:
26 373.139 Acquisition of real property.--
27 (8) The St. Johns River Water Management District is
28 encouraged to pursue the fee simple or less-than-fee-simple
29 purchase of lands in the Wekiva Basin Area which contribute
30 surface water and groundwater to spring flow as a means to
31 protect the Wekiva River Springs.
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1 Section 7. Subsection (5) of section 369.307, Florida
2 Statutes, is amended to read:
3 369.307 Developments of regional impact in the Wekiva
4 River Protection Area; land acquisition.--
5 (5) The Department of Environmental Protection is
6 directed to proceed to negotiate for acquisition of
7 conservation and recreation lands projects within the Wekiva
8 River Protection Area provided that such projects have been
9 deemed qualified under statutory and rule criteria for
10 purchase and have been placed on the priority list for
11 acquisition by the advisory council created in s. 259.035 or
12 its successor. Agencies are encouraged to use all means at
13 their disposal for completing the acquisition of the
14 Wekiva-Ocala Greenway Florida Forever Projects identified in
15 Recommendation 16 of the Final Report of the Wekiva Basin Area
16 Task Force, dated January 15, 2003, prior to construction
17 associated with the Wekiva Parkway.
18
19 It is also the intent of the Legislature that efforts should
20 be made to identify and acquire additional lands located
21 within the Wekiva River Springs recharge area. Agencies are
22 encouraged to pursue binding purchase agreements for the
23 acquisition of properties identified above, to the greatest
24 extent practicable, prior to the commencement of construction
25 of the Wekiva Parkway.
26 Section 8. Private property rights and regional
27 reservoirs.--
28 (1) The Legislature finds that construction of a
29 regional reservoir designed to store more than 10 billion
30 gallons of water may inordinately burden nearby real property
31 because of the proximity of the reservoir and may result in a
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1 loss of value for the property owner. Therefore, a regional
2 water supply authority, serving three or fewer counties, that
3 is authorized to construct, operate, and maintain such a
4 regional reservoir shall be deemed a governmental entity under
5 section 70.001, Florida Statutes, the Bert J. Harris, Jr.,
6 Private Property Rights Protection Act, for purposes of this
7 section.
8 (2) This section provides a cause of action for the
9 actions of a regional water supply authority, in siting and
10 constructing a reservoir as described in subsection (1), that
11 may not rise to the level of a taking under the State
12 Constitution or the United States Constitution. This section
13 may not necessarily be construed under the case law regarding
14 takings if the action of a regional water supply authority
15 does not rise to the level of a taking. The provisions of this
16 section are cumulative and do not abrogate any other remedy
17 lawfully available, including any remedy lawfully available
18 for the actions of a regional water supply authority that rise
19 to the level of a taking. However, a regional water supply
20 authority may not be liable more than once for compensation
21 due to an action of the regional water supply authority that
22 results in a loss of value for a subject real property.
23 (3) Each owner of real property located within 10,000
24 feet of the the center of the footprint of a regional
25 reservoir, as described in subsection (1), or 5,500 feet from
26 the exterior of the berm of such reservoir, may present a
27 claim for compensation in writing to the head of the regional
28 water supply authority on or before December 31, 2004, for a
29 loss in property value resulting from the proximity of the
30 reservoir. For each claim presented under this section,
31 section 70.001, Florida Statutes, applies, except when there
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1 is conflict with this section, the provisions of this section
2 shall govern.
3 (a) The property owner must submit along with the
4 claim a bona fide, valid appraisal that supports the claim and
5 demonstrates the loss in fair market value to the real
6 property.
7 (b) A claim under this section shall be presented only
8 to the regional water supply authority that is authorized to
9 construct, operate, and maintain the reservoir.
10 (4) The Legislature recognizes that construction and
11 maintenance of a regional reservoir may not necessarily
12 interfere with allowable uses of real property near the
13 reservoir. However, the siting and construction of the
14 reservoir may result in an actual loss to the fair market
15 value of real property located within 10,000 feet of the
16 center of the footprint of the reservoir, or 5,500 feet from
17 the exterior of the berm, because of the proximity of the
18 reservoir. Therefore, any offer of compensation by the
19 regional water supply authority shall be based solely on the
20 loss of value for the property owner as a result of the
21 proximity of the reservoir and not on the effects the
22 reservoir has on existing uses or on a vested right to a
23 specific use of real property.
24 (a) Notwithstanding section 70.001, Florida Statutes,
25 the regional water supply authority to whom a claim is
26 presented shall, not later than 180 days after receiving such
27 claim:
28 1. Make a written offer to purchase the real property
29 if there is more than a 50-percent loss in value to the real
30 property as a result of the proximity of the reservoir and if
31 the property owner is a willing seller;
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1 2. Make a written offer to purchase an interest in
2 rights of use which may become transferable development rights
3 to be held, sold, or otherwise disposed of by the regional
4 water supply authority; or
5 3. Terminate negotiations.
6 (b) An offer by the regional water supply authority to
7 purchase the property in fee or purchase an interest in rights
8 of use under this section shall cover the cost of the
9 appraisal required in subsection (3).
10 (5) During the 180-day period, unless the property
11 owner accepts a written offer for purchase pursuant to
12 subparagraph (4)(a)1. or 2., the regional water supply
13 authority shall issue a final decision stating that:
14 (a) The real property has a loss in value due to an
15 inordinate burden on the property resulting from the proximity
16 of the reservoir and the regional water supply authority and
17 property owner cannot reach agreement on the amount of
18 compensation; or
19 (b) The property owner has failed to establish a basis
20 for relief under the provisions of this section and section
21 70.001, Florida Statutes.
22
23 Failure of the regional water supply authority to issue a
24 final decision as required by this subsection shall cause the
25 written offer or termination of negotiations required in
26 subsection (4) to operate as a final decision. As a matter of
27 law, this final decision constitutes the last prerequisite to
28 judicial review of the merits for the purposes of the judicial
29 proceeding provided for in section 70.001, Florida Statutes.
30 (6) The circuit court, for purposes of this section,
31 shall determine whether, considering the written offer and
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1 final decision, the regional water supply authority has
2 inordinately burdened the subject real property. Following a
3 determination that the regional water supply authority has
4 inordinately burdened the real property, the court shall
5 impanel a jury to determine the total amount of compensation
6 to the property owner for the loss in value due to the
7 inordinate burden to the subject real property.
8 (7) Pursuant to section 70.001, Florida Statutes, the
9 court may award reasonable costs and attorney's fees and the
10 court shall determine the amount. If the court awards the
11 property owner reasonable costs and attorney's fees, the costs
12 shall include the cost of the appraisal required in subsection
13 (3).
14 (8) This section is repealed effective January 1,
15 2005. However, the repeal of this section shall not affect a
16 claim filed on or before December 31, 2004.
17 Section 9. If any provision of this act or the
18 application thereof to any person or circumstance is held
19 invalid, the invalidity does not affect other provisions or
20 applications of this act which can be given effect without the
21 invalid provision or application, and to this end the
22 provisions of this act are declared severable.
23 Section 10. Except as otherwise expressly provided in
24 this act, this act shall stand repealed effective July 1,
25 2008, unless purchase of the right-of-way for the Wekiva
26 Parkway or the U.S. 441 Bypass has been commenced. Part II of
27 chapter 369, Florida Statutes, (2002) shall not be repealed by
28 operation of this section.
29 Section 11. This act shall take effect July 1, 2003.
30
31
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