SENATE AMENDMENT
    Bill No. CS for SB 2260, 1st Eng.
    Amendment No. ___   Barcode 032096
                            CHAMBER ACTION
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11  Senator Constantine moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 31, between lines 22 and 23,
15  
16  insert:  
17         Section 16.  Section 369.301, Florida Statutes, is
18  amended to read:
19         369.301  Short title.--This part may be cited as the
20  "Wekiva River Basin and Springs Protection and Planning Act."
21         Section 17.  Section 369.3011, Florida Statutes, is
22  created to read:
23         369.3011  Land use, transportation, and water resources
24  planning in the Wekiva River Basin.--
25         (1)  SHORT TITLE.--This section may be cited as the
26  "Wekiva River Basin Planning Act."
27         (2)  LEGISLATIVE INTENT.--
28         (a)  The Legislature recognizes that population growth
29  and the future transportation and water resource needs of the
30  central Florida region must be balanced with protection of the
31  ecosystem of the Wekiva River Basin and finds that these are
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    8:53 AM   05/02/03                               s2260.nr22.Pb

SENATE AMENDMENT Bill No. CS for SB 2260, 1st Eng. Amendment No. ___ Barcode 032096 1 issues of legitimate and compelling state interest. The 2 Legislature, therefore, finds that the recommendations 3 included in the Final Report, dated January 15, 2003, of the 4 Wekiva Basin Area Task Force, which was created by Executive 5 Order 2002-259, are valuable and should be implemented. 6 (b) The Legislature finds that, in addition to the 7 issues of legitimate and compelling state interest related to 8 protecting natural resources and meeting the future 9 transportation needs in and near the Wekiva Basin Area, there 10 exists a state interest in respecting and recognizing 11 judicially acknowledged or statutorily and constitutionally 12 protected property rights. It is the intent of the Legislature 13 that state agencies and county and municipal governments with 14 jurisdiction in the area of the Wekiva River Basin establish 15 policies to guide and coordinate local decisions relating to 16 growth and development and implement their decisions without 17 imposing undue restrictions on vested property rights in 18 violation of the laws and constitutions of this state and of 19 the United States. Further, the Legislature recognizes 20 sensitivity to private property rights as stated in s. 21 163.3167(8) to not limit or modify rights of any person to 22 complete any development that has been authorized as a 23 development of regional impact pursuant to chapter 380 or who 24 has been issued a final local development order and 25 development has commenced and is continuing in good faith as 26 of the effective date of this act. 27 (c) The Legislature finds that the water resources and 28 ecosystems of the Wekiva River Basin and the associated 29 springshed areas that sustain the spring-fed Wekiva River and 30 tributaries are of irreplaceable value to the quality of life 31 and well-being of the people of the State of Florida. The 2 8:53 AM 05/02/03 s2260.nr22.Pb
SENATE AMENDMENT Bill No. CS for SB 2260, 1st Eng. Amendment No. ___ Barcode 032096 1 Legislature further finds that greater intensities of 2 development facilitated by the construction of major 3 transportation facilities through the Wekiva River Basin and 4 associated springshed areas may, unless properly designed, 5 present serious threats to the continuing existence of the 6 hydrological functions of the springs. It is the intent of the 7 Legislature that regional transportation facilities be 8 located, designed, and constructed in a manner that assures 9 the protection of the Wekiva River Basin ecosystem. To 10 accomplish these purposes, the Legislature directs that the 11 completion of transportation improvements, including, but not 12 limited to, the Wekiva Parkway and U.S. 441 Bypass, be 13 accomplished in the context of a well-coordinated plan that 14 simultaneously assures that the natural resources of the 15 Wekiva River Basin, including the springshed, are protected 16 against adverse impacts. 17 (3) DEFINITIONS.--As used in this section, the term: 18 (a) "Springshed" means the geographic area that 19 contributes groundwater and surface water to the Wekiva River 20 Springs systems. 21 (b) "U.S. 441 Bypass" means an expressway system 22 connector designed and constructed as part of an extension of 23 State Road 429 that begins at the Maitland Boulevard Extension 24 Interchange and links to the Wekiva Parkway at a system 25 interchange and continues in a northwesterly direction into 26 Lake County. 27 (c) "Wekiva Parkway" means any limited access highway 28 or expressway constructed between State Road 429 and 29 Interstate 4. 30 (4) DESIGNATION OF THE WEKIVA RIVER SPRINGSHED 31 PROTECTION AREA.-- 3 8:53 AM 05/02/03 s2260.nr22.Pb
SENATE AMENDMENT Bill No. CS for SB 2260, 1st Eng. Amendment No. ___ Barcode 032096 1 (a) The Governor and Cabinet, sitting as the 2 Administration Commission, shall establish by rule a Wekiva 3 River Springshed Protection Area, which shall complement the 4 Wekiva River Protection Area as defined in s. 369.303(9). Not 5 later than September 30, 2003, the state land planning agency 6 shall begin this process by giving notice of negotiated 7 rulemaking, pursuant to s. 120.54(2)(d), for the purpose of 8 recommending to the Administration Commission boundaries for 9 the Wekiva River Springshed Protection Area. 10 (b) The boundary for the Wekiva River Springshed 11 Protection Area shall be based upon, but need not be limited 12 to, the following criteria: 13 1. The Wekiva River Springshed Protection Area must 14 encompass an area no larger than the Wekiva River Springshed. 15 2. The boundary of the Wekiva River Springshed 16 Protection Area shall be based upon the best available data 17 from the St. Johns River Water Management District, the 18 Department of Environmental Protection, the Department of 19 Agriculture and Consumer Services, and other sources. 20 3. The boundary of the Wekiva River Springshed 21 Protection Area shall be established in a manner that ensures 22 predictability and uniformity of implementation, which may 23 require aligning boundaries with recognizable geographic 24 features that are not subject to change. 25 (c) Within 45 days after receipt of the recommended 26 boundaries, the Governor and Cabinet, sitting as the 27 Administration Commission shall adopt, modify, or reject the 28 recommendation and shall by rule establish the boundaries of 29 the Wekiva River Springshed Protection Area. 30 (5) COMPREHENSIVE PLAN REQUIREMENTS FOR THE WEKIVA 31 RIVER SPRINGSHED PROTECTION AREA.-- 4 8:53 AM 05/02/03 s2260.nr22.Pb
SENATE AMENDMENT Bill No. CS for SB 2260, 1st Eng. Amendment No. ___ Barcode 032096 1 (a) The state land planning agency, in consultation 2 with the Department of Environmental Protection, the St. Johns 3 River Water Management District, and the Department of 4 Agriculture and Consumer Services, shall, not less than 60 5 days prior to the next regular legislative session, adopt by 6 negotiated rule pursuant to s. 120.54(2)(d) minimum criteria 7 for land use strategies and development standards within the 8 Wekiva River Springshed Protection Area. Such rules shall not 9 be subject to rule challenges under s. 120.56(2) or to drawout 10 proceedings under s. 120.54(3)(c)2. Such rules shall become 11 effective only after they have been submitted to the President 12 of the Senate and the Speaker of the House of Representatives 13 for review by the Legislature. In its review, the Legislature 14 may accept, reject, modify, or take no action relative to the 15 rules. The agency shall conform the rules to the changes made 16 by the Legislature or, if no action was taken, the agency 17 rules shall become effective. 18 (b) The rules for the land use strategies and 19 development standards, which shall be in addition to the 20 current statutory requirements, shall protect the quality and 21 quantity of recharge that replenishes and maintains spring 22 flows for the Wekiva River. Land use strategies and 23 development controls shall apply throughout the Wekiva River 24 Springshed Protection Area and shall include, but need not be 25 limited to, the following: 26 1. Ensuring appropriate drainage, wastewater 27 treatment, and water supply to support new or existing 28 development; 29 2. Locating low-impact land uses near the Wekiva River 30 Springs. Low-impact land uses include preservation, 31 conservation, passive recreation, unimproved rangeland, 5 8:53 AM 05/02/03 s2260.nr22.Pb
SENATE AMENDMENT Bill No. CS for SB 2260, 1st Eng. Amendment No. ___ Barcode 032096 1 silviculture, and rural residential; 2 3. Minimizing impervious surfaces to reduce runoff and 3 retain recharge; 4 4. Maintaining open space and natural recharge areas 5 to protect groundwater resources and wildlife habitat through 6 standards for open space, impervious surface coverage, and 7 clustering; transfer of land use credits or development 8 rights; and land acquisition, purchase of development rights, 9 and conservation easements; 10 5. Managing stormwater impacts to reduce runoff and 11 maintain water quality of recharge; 12 6. Providing enhanced wastewater treatment for septic 13 tanks, central treatment systems, and a septic tank 14 maintenance program; 15 7. Using landscape design and maintenance to reduce 16 impacts from chemicals and conserve water resources, including 17 golf course design and maintenance; 18 8. Siting, constructing, and maintaining golf courses 19 using special management zones, integrated pest management, 20 and a natural resource management plan to prevent, manage, and 21 monitor potential impacts to water resources; and 22 9. Adopting local programs for public education and 23 partnerships with property owners, consideration of land or 24 development rights acquisition, and cooperative management of 25 public owned lands, economic development, and ecotourism. 26 (c) Within 1 year after the ratification of the rules 27 for land use strategies and development standards for the 28 Wekiva River Springshed Protection Area, or after approval of 29 the rules as part of any comprehensive plan amendment that 30 proposes to increase the density or intensity of development 31 within the Wekiva River Springshed Protection Area, whichever 6 8:53 AM 05/02/03 s2260.nr22.Pb
SENATE AMENDMENT Bill No. CS for SB 2260, 1st Eng. Amendment No. ___ Barcode 032096 1 occurs first, a local government must adopt the comprehensive 2 plan amendments required by this subsection. A local 3 government may not amend its comprehensive plan if it does not 4 adopt the amendments as required by this subsection. The 5 Administration Commission may impose the sanctions provided by 6 s. 163.3184(11) against any local government that fails to 7 adopt the comprehensive plan amendments required by this 8 subsection, using the procedure in s. 163.3191(11). All 9 existing local governments are required to adopt the 10 comprehensive plan amendments required by this subsection as 11 amendments to their respective comprehensive plans. Any 12 municipality incorporated within the Wekiva River Springshed 13 Protection Area after the effective date of this act shall 14 include applicable portions of the comprehensive plan 15 amendments required by this subsection in the initial 16 transmittal and adoption of its local government comprehensive 17 plan. 18 (d) After legislative ratification of the rules for 19 land use strategies and springshed protection, the state land 20 planning agency shall review the local comprehensive plans, 21 and all amendments, which are applicable to portions of the 22 Wekiva River Springshed Protection Area for compliance with 23 the provisions of this subsection in addition to its review of 24 local comprehensive plans and amendments for compliance as 25 defined in s. 163.3184. All procedures and penalties described 26 in s. 163.3184 shall be applicable to this review. 27 (6) WEKIVA RIVER BASIN TRANSPORTATION; LAND USE AND 28 WATER RESOURCES INTEGRATED PLANNING AREA DEFINED.-- 29 (a) The state land planning agency, in collaboration 30 with affected local governments, other state and regional 31 agencies, appropriate federal agencies, and interested parties 7 8:53 AM 05/02/03 s2260.nr22.Pb
SENATE AMENDMENT Bill No. CS for SB 2260, 1st Eng. Amendment No. ___ Barcode 032096 1 shall coordinate the development of an integrated plan for 2 future transportation, land use, and water resource needs in 3 the area of the Wekiva River Basin. Affected local governments 4 shall incorporate the integrated plan in their respective 5 comprehensive plans by amendment pursuant to paragraph (7)(b). 6 The integrated plan for the future transportation, land use, 7 and water resources in the area of the Wekiva River Basin 8 shall include the following lands in Lake and Orange 9 Counties: Township 18 South, Range 27 East, Sections 22-27, 10 34-36; and Township 19 South, Range 27 East, Sections 1-3, 11 10-15, 24, 25, 36; and Township 19 South, Range 28 East, 12 Sections 6, 7, 18, 19, 29, 30-32; and Township 20 South, Range 13 27 East, Sections 1, 2, 11-14, 23-26, 35, 36; and Township 20 14 South, Range 28 East, Sections 4-9, 16-18, less and except 15 those lands located in the Wekiva River Protection Area 16 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 8 8:53 AM 05/02/03 s2260.nr22.Pb
SENATE AMENDMENT Bill No. CS for SB 2260, 1st Eng. Amendment No. ___ Barcode 032096 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 9 8:53 AM 05/02/03 s2260.nr22.Pb
SENATE AMENDMENT Bill No. CS for SB 2260, 1st Eng. Amendment No. ___ Barcode 032096 1 date of this act. However, flexibility is available to convert 2 between land use categories such that groundwater recharge 3 levels are equal to or greater than existing levels. The land 4 use plan adopted by the respective jurisdictions may include 5 establishing reasonable urban growth boundaries for existing 6 municipalities in the area. As a component of the land use 7 plan, a local government shall have the option to investigate 8 the economic and other benefits that might be derived from the 9 establishment of a Rural Land Stewardship Area pursuant to s. 10 163.3177(11)(d). As part of this investigation, a local 11 government shall have the flexibility to consider application 12 of the stewardship concept that may be better suited to local 13 circumstances. If deemed beneficial, a Rural Land Stewardship 14 Area may be established by the local government. 15 2. A transportation plan that addresses the Wekiva 16 Parkway and U.S. 441 alignments, as applicable, interchange 17 locations, and design and construction features. The 18 transportation plan should include an evaluation of any 19 programmed road improvements that are made unnecessary by the 20 Wekiva Parkway or the U.S. 441 Bypass. 21 3. Infrastructure planning including incentives for 22 enhanced wastewater treatment and effluent disposal and 23 stormwater management, including programs establishing 24 incentives or regulations for the inspection and maintenance 25 of existing onsite treatment and disposal systems, and for the 26 installation of enhanced onsite treatment and disposal 27 systems. 28 4. Provisions requiring design standards for 29 commercial and other signage which are compatible with and 30 reflect the character of the area. 31 5. Interchange land use plans, as applicable, 10 8:53 AM 05/02/03 s2260.nr22.Pb
SENATE AMENDMENT Bill No. CS for SB 2260, 1st Eng. Amendment No. ___ Barcode 032096 1 including provisions for land use planning requirements for 2 each of the interchanges associated with the Wekiva Parkway, 3 including land use strategies and development standards, to 4 maintain and to protect groundwater resources. The interchange 5 land use plans or any other plans for additional expressways 6 must address appropriate land uses and compatible development, 7 secondary road access, access management, right-of-way 8 protection, vegetative protection and landscaping, signage, 9 and the height and appearance of structures. 10 (c) A local government may not amend its comprehensive 11 plan if it does not adopt the comprehensive plan amendments as 12 required by this section. The Administration Commission may 13 impose the sanctions provided by s. 163.3184(11) against any 14 local government that fails to adopt the required 15 comprehensive plan amendments, using the procedure in s. 16 163.3191(11). All existing local governments are required to 17 adopt the comprehensive plan amendments required by this 18 subsection as amendments to their respective comprehensive 19 plans. Any municipality incorporated within the integrated 20 planning area after the effective date of this act shall 21 include applicable portions of the comprehensive plan 22 amendments required by this subsection in the initial 23 transmittal and adoption of its local government comprehensive 24 plan. 25 (d) After December 31, 2004, the state land planning 26 agency shall review the local comprehensive plans, and all 27 amendments, which are applicable to portions of the integrated 28 planning area for compliance with the provisions of this 29 subsection in addition to its review of local comprehensive 30 plans and amendments for compliance as defined in s. 163.3184. 31 All the procedures and penalties described in s. 163.3184 11 8:53 AM 05/02/03 s2260.nr22.Pb
SENATE AMENDMENT Bill No. CS for SB 2260, 1st Eng. Amendment No. ___ Barcode 032096 1 shall be applicable to this review. 2 (e) As part of the integrated planning process for 3 future transportation, land use, and water resources, the 4 state land planning agency and local governments with 5 jurisdiction shall consider issues of compatibility of the 6 integrated planning area with the Wekiva River Protection Area 7 as designated in part II of chapter 369. By January 30, 2005, 8 the state land planning agency shall report to the Governor, 9 the President of the Senate, and the Speaker of the House of 10 Representatives any land use compatibility issues with respect 11 to the Wekiva River Protection Area, including recommendations 12 to address any identified compatibility issues. 13 (8) TRANSPORTATION REQUIREMENTS IN THE WEKIVA RIVER 14 BASIN.-- 15 (a) The Department of Transportation, in collaboration 16 with the Turnpike Enterprise, the Orlando-Orange County 17 Expressway Authority, and the Seminole County Expressway 18 Authority shall, by September 15, 2004, provide to the 19 Governor and the Legislature a report of their joint 20 recommendations to implement the Wekiva Basin Area Task Force 21 recommendations in its Final Report dated January 15, 2003. 22 The report shall also include the agencies' joint 23 recommendations on the following: 24 1. The choice of a lead agency to build the Wekiva 25 Parkway and the respective roles of other transportation 26 agencies, authorities, and enterprises; 27 2. A funding plan for locating, designing, and 28 constructing the Wekiva Parkway which addresses the task force 29 recommendations related to wider rights-of-way to promote the 30 parkway concept, preserve rural character, buffer 31 interchanges, and other design features; and 12 8:53 AM 05/02/03 s2260.nr22.Pb
SENATE AMENDMENT Bill No. CS for SB 2260, 1st Eng. Amendment No. ___ Barcode 032096 1 3. Any legislation needed to secure the authority 2 needed to acquire private lands or development rights within 3 the Wekiva River Protection Area or the Wekiva River 4 Springshed Protection Area in excess of that which is required 5 for right-of-way and associated roadway construction. 6 (b) The Orlando-Orange County Expressway Authority, 7 the Seminole County Expressway Authority, the Department of 8 Transportation, and the Turnpike Enterprise shall locate the 9 precise corridor and interchanges for the Wekiva Parkway 10 within the corridor generally depicted in Figure 3, 11 "Recommended Corridor for the Wekiva Parkway," of the Final 12 Report of the Wekiva Basin Area Task Force dated January 15, 13 2003. The determination of the final alignment of the Wekiva 14 Parkway within Seminole County shall be subject to approval by 15 the Seminole County Expressway Authority. The transportation 16 agencies shall apply the "Guiding Principles for the Wekiva 17 Parkway Design Features and Construction" to the construction 18 of the Wekiva Parkway and, as applicable, to the U.S. 441 19 Bypass, the expansion of existing expressways within the 20 Wekiva River Springshed Protection Area, and the Wekiva River 21 Protection Area, as the Task Force recommended in 22 Recommendation 2 and Recommendation 8 of its Final Report, 23 dated January 15, 2003. 24 (c) The specific design features included within 25 Recommendations Nos. 3, 4, 6, and 7 of the Wekiva Basin Area 26 Task Force Report shall be incorporated within the design of 27 the Wekiva Parkway and the U.S. 441 Bypass, as applicable, 28 where those expressways extend into or across the Wekiva River 29 Protection Area or Wekiva River Springshed Protection Area. 30 Such features, to the maximum extent feasible, shall include, 31 but not be limited to, elevated roadways or bridging of 13 8:53 AM 05/02/03 s2260.nr22.Pb
SENATE AMENDMENT Bill No. CS for SB 2260, 1st Eng. Amendment No. ___ Barcode 032096 1 identified wildlife corridors, a parkway design with 2 appropriate natural buffers between the roadways and adjacent 3 areas, fulfillment of mitigation needs by supporting land 4 acquisition projects only within the Wekiva River Protection 5 Area or Wekiva River Springshed Protection Area, and 6 limitations on the number and location of permissible 7 interchanges. 8 (d) If a local government fails to timely adopt plan 9 amendments required by this section, it shall be subject to 10 the imposition of sanctions by the Administration Commission, 11 and that government's failure to adopt amendments by December 12 31, 2004, shall not preclude construction of the Wekiva 13 Parkway or U.S. 441 Bypass. Nothing herein shall preclude the 14 immediate planning, design, engineering, and right-of-way 15 acquisition of the U.S. 441 Bypass pursuant to Recommendation 16 11 of the Final Report of the Wekiva Basin Area Task Force, 17 dated January 15, 2003. 18 (9) PLANNING ASSISTANCE TO LOCAL GOVERNMENTS.--The 19 state land planning agency and appropriate state and regional 20 agencies shall provide planning assistance to the affected 21 local governments in the development of comprehensive plan 22 amendments to meet the requirements of this act. The state 23 land planning agency, with the support of the Department of 24 Environmental Protection, the Department of Agriculture and 25 Consumer Services, and the St. Johns River Water Management 26 District shall develop model land development regulations for 27 the implementation of this act. The state land planning agency 28 is authorized to prioritize the expenditure of funds 29 appropriated for the purpose of providing technical assistance 30 to local governments to those local governments with 31 jurisdiction in the Wekiva River Springshed Protection Area 14 8:53 AM 05/02/03 s2260.nr22.Pb
SENATE AMENDMENT Bill No. CS for SB 2260, 1st Eng. Amendment No. ___ Barcode 032096 1 and integrated planning area defined in subsection (6). 2 (10) DUTIES OF THE DEPARTMENT OF AGRICULTURE AND 3 CONSUMER SERVICES.--The Department of Agriculture and Consumer 4 Services shall assist local governments in implementing this 5 section and local governments shall consult with the 6 Department of Agriculture and Consumer Services to determine 7 if agricultural best management practices should be included 8 in the comprehensive plan. Following consultation with a local 9 government, any agricultural best management practices 10 referenced or required in a comprehensive plan amendment shall 11 be developed and adopted by the Department of Agriculture and 12 Consumer Services. 13 Section 18. Paragraph (m) is added to subsection (1) 14 of section 163.3187, Florida Statutes, to read: 15 163.3187 Amendment of adopted comprehensive plan.-- 16 (1) Amendments to comprehensive plans adopted pursuant 17 to this part may be made not more than two times during any 18 calendar year, except: 19 (m) Any comprehensive plan amendment related to the 20 implementation of the Wekiva River Basin Planning Act, 21 pursuant to s. 369.3011. 22 Section 19. Section 373.0425, Florida Statutes, is 23 created to read: 24 373.0425 Duties of the St. Johns River Water 25 Management District regarding springshed protection.-- 26 (1) The Legislature recognizes that Recommendation 15 27 of the Final Report of the Wekiva Basin Area Task Force, dated 28 January 15, 2003 addressed the potential to enhance protection 29 of the Wekiva River System through the regulatory authority of 30 the St. Johns River Water Management District. Therefore, the 31 Legislature directs the St. Johns River Water Management 15 8:53 AM 05/02/03 s2260.nr22.Pb
SENATE AMENDMENT Bill No. CS for SB 2260, 1st Eng. Amendment No. ___ Barcode 032096 1 District to review its permitting rules authorized under Parts 2 II and IV to determine whether additional criteria specific to 3 the Wekiva River Springshed Protection Area are appropriate to 4 protect the water quality and flow of springs in accordance 5 with state water quality standards and s. 373.042 in the 6 Wekiva River System as defined in s. 369.303(10). The review 7 shall include, but need not be limited to consideration of 8 criteria to address: aquifer recharge protection; permitting 9 thresholds to prevent significant adverse impacts to the 10 springs; concurrent action on consumptive use permit and 11 environmental resource permit applications; landscaping to 12 reduce irrigation needs; best management practices to protect 13 spring water quality; and use of reclaimed water to reduce the 14 use of groundwater. This review shall be completed by December 15 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 20. 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 16 8:53 AM 05/02/03 s2260.nr22.Pb
SENATE AMENDMENT Bill No. CS for SB 2260, 1st Eng. Amendment No. ___ Barcode 032096 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 21. Subsection (8) is added to section 9 373.139, 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 22. 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 Projects identified in 30 Recommendation 16 of the Final Report of the Wekiva Basin Area 31 Task Force, dated January 15, 2003, prior to construction 17 8:53 AM 05/02/03 s2260.nr22.Pb
SENATE AMENDMENT Bill No. CS for SB 2260, 1st Eng. Amendment No. ___ Barcode 032096 1 associated with the Wekiva Parkway. 2 3 It is also the intent of the Legislature that efforts should 4 be made to identify and acquire additional lands located 5 within the Wekiva River Springs recharge area. Agencies are 6 encouraged to pursue binding purchase agreements for the 7 acquisition of properties identified above, to the greatest 8 extent practicable, prior to the commencement of construction 9 of the Wekiva Parkway. 10 Section 23. Sections 16-22 shall stand repealed 11 effective July 1, 2008, unless purchase of the right-of-way 12 for the Wekiva Parkway or the U.S. 441 Bypass has been 13 commenced. Part II of chapter 369, Florida Statutes, (2002) 14 shall not be repealed by operation of this section. 15 16 (Redesignate subsequent sections.) 17 18 19 ================ T I T L E A M E N D M E N T =============== 20 And the title is amended as follows: 21 On page 3, line 1, delete 22 23 and insert: 24 amending s. 369.301, F.S.; changing the short 25 title; creating s. 369.3011, F.S.; providing 26 for a short title; providing legislative 27 intent; providing definitions; providing for 28 the designation of the Wekiva River Springshed 29 Protection Area; creating comprehensive plan 30 requirements for the area; creating a 31 integrated planning area for the Wekiva River 18 8:53 AM 05/02/03 s2260.nr22.Pb
SENATE AMENDMENT Bill No. CS for SB 2260, 1st Eng. Amendment No. ___ Barcode 032096 1 Basin; creating comprehensive plan requirements 2 for transportation, land use, and water 3 resource in the basin; creating transportation 4 requirements for road construction in the 5 basin; providing for planning assistance by the 6 Department of Community Affairs; describing 7 duties of the Department of Agriculture and 8 Consumer Services for the creation of 9 best-management practices; amending s. 10 163.3187, F.S.; exempting comprehensive plan 11 amendments created by this act from the 12 statutory limit of two amendments per year; 13 creating s. 373.0425, F.S.; providing for 14 rulemaking authority for the St. Johns River 15 Water Management District as it relates to 16 implementing the provisions of this act; 17 creating s. 381.0069, F.S.; directing the 18 Department of Health to develop a program for 19 the improvement of certain wastewater treatment 20 systems in the Wekiva River Springshed 21 Protection Area; amending s. 373.139, F.S.; 22 encouraging the St. Johns River Water 23 Management District to pursue land acquisition 24 within the Wekiva Basin; amending s. 369.307, 25 F.S.; encouraging all agencies to pursue 26 acquisitions within the Wekiva-Ocala Greenway 27 Florida Forever project or other additional 28 lands in the springs recharge area; providing 29 for the repeal of this act; 30 31 19 8:53 AM 05/02/03 s2260.nr22.Pb