Amendment

Bill No. 0849

Amendment No. 004449

CHAMBER ACTION
Senate		House
.
.
.

---

---

1	Representative Johnson offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause, and insert:
5	Section 1.  Part III of chapter 369, Florida Statutes,
6	consisting of sections 369.314, 369.315, 369.316, 369.317,
7	369.318, 369.319, 369.320, 369.321, 369.322, 369.323, and
8	369.324, is created to read:
9	PART III
10	WEKIVA PARKWAY AND PROTECTION ACT
11	369.314  Popular name.--This act shall be known by the
12	popular name the "Wekiva Parkway and Protection Act."
13	369.315  Intent.--
14	(1)  The Legislature finds that, in general, Florida
15	springs whether found in urban or rural settings, public parks,
16	or private lands, are threatened by actual and potential flow
17	reductions and declining water quality. As a result of climate
18	patterns and population changes, over the past 30 years, many of
19	Florida's springs have begun to exhibit signals of distress,
20	including increasing nutrient loading and lowered water flow.
21	The groundwater that feeds springs is recharged by seepage from
22	the surface and through direct conduits such as sinkholes.
23	(2)  The Legislature further finds that springs and
24	groundwater once damaged by overuse can be restored through good
25	stewardship, including effective planning strategies and best
26	management practices to preserve and protect the spring and its
27	springshed. Prudent land use planning decisions can protect and
28	improve quality and quantity, as well as upland resources, of a
29	springshed. Managing land use types and their allowable
30	densities and intensities of development, followed by specific
31	site planning to further minimize impacts, rank as an important
32	goal.
33	(3)  It is the intent of the Legislature that the
34	recommendations of the Wekiva River Basin Coordinating Committee
35	as stated in its final report dated March 16, 2004, be taken and
36	implemented as a whole to achieve the objective of improving and
37	ensuring protection of surface water and groundwater resources.
38	Coordination of comprehensive plans and the Regional Water
39	Supply Plan is important for protection of water resources and
40	to promote the continuity of effective planning and development.
41	(4)  It is not the intent of the Legislature to place an
42	undue burden on local governments within the Wekiva Study Area.
43	Any required Wekiva Study Area comprehensive plan amendments may
44	be adopted in conjunction with other amendments not required by
45	this part.
46	369.316  Wekiva Study Area.--The Wekiva Study Area is
47	defined to include the following land: Begin at the northwest
48	corner of Section 6, Township 18 South, Range 28 East, Lake
49	County, Florida, said corner lying on the north line of Township
50	18 South; thence Easterly along said north line of Township 18
51	South to the northeast corner of Section 5, Township 18 South,
52	Range 29 East; thence Southerly along the east line of said
53	Section 5 to the northeast corner of Section 8, Township 18
54	South, Range 29 East; thence Southerly along the east line of
55	said Section 8 to the northeast corner of Section 17, Township
56	18 South, Range 29 East; thence Southerly along the east line of
57	said Section 17 to the northeast corner of Section 20, Township
58	18 South, Range 29 East; thence Southerly along the east line of
59	said Section 20 to the northeast corner of Section 29, Township
60	18 South, Range 29 East; thence Southerly along the east line of
61	said Section 29 to the northeast corner of Section 32, Township
62	18 South, Range 29 East; thence Southerly along the east line of
63	said Section 32 to the southeast corner thereof, said corner
64	lying on the south line of Township 18 South; thence Easterly
65	along the south line of said Township 18 South to an
66	intersection with the east line of Range 29 East; thence
67	Southerly along the east line of said Range 29 East to the
68	southeast corner of Section 24, Township 21 South, Range 29
69	East; thence Westerly along the south line of said Section 24 to
70	the southeast corner of Section 23, Township 21 South, Range 29
71	East; thence Westerly along the south line of said Section 23,
72	to an intersection with the centerline of Interstate Highway No.
73	4; thence generally Southerly along the centerline of Interstate
74	Highway No. 4 to an intersection with the south line of Section
75	13, Township 22 South, Range 29 East; thence Westerly along the
76	south line of said Section 13 to the southeast corner of Section
77	14, Township 22 South, Range 29 East; thence Westerly along the
78	south line of said Section 14 to the southeast corner of Section
79	15, Township 22 South, Range 29 East; thence Westerly along the
80	south line of said Section 15 to the northeast corner of Section
81	21, Township 22 South, Range 29 East; thence Southerly along the
82	east line of said Section 21 to an intersection with the
83	centerline of State Road No. 50; thence Westerly along the
84	centerline of said State Road No. 50 to the northeast corner of
85	Section 30, Township 22 South, Range 28 East; thence Southerly
86	along the east line of said Section 30 to the northeast corner
87	of Section 31, Township 22 South, Range 28 East; thence
88	Southerly along the east line of said Section 31 to the
89	southeast corner thereof, said corner lying on the south line of
90	Township 22 South; thence Westerly along said south line of
91	Township 22 South to the northeast corner of Section 2, Township
92	23 South, Range 27 East; thence Southerly along the east line of
93	said Section 2 to the northeast corner of Section 11, Township
94	23 South, Range 27 East; thence Southerly along the east line of
95	said Section 11 to the southeast corner thereof; thence Westerly
96	along the south line of said Section 11 to the southeast corner
97	of Section 10, Township 23 South, Range 27 East; thence Westerly
98	along the south line of said Section 10 to the southeast corner
99	of Section 9, Township 23 South, Range 27 East; thence Westerly
100	along the south line of said Section 9 to the Southeast corner
101	of Section 8, Township 23 South, Range 27 East; thence Westerly
102	along the south line of said Section 8 to the southeast corner
103	of Section 7, Township 23 South, Range 27 East; thence Westerly
104	along the south line of said Section 7 to the southwest corner
105	thereof, said corner lying on the line of demarcation between
106	Orange County and Lake County; thence generally Northerly and
107	along said county line to the northeast corner of Section 12,
108	Township 20 South, Range 26 East, said corner lying on the east
109	line of Range 26 East; thence generally Northerly and along said
110	east line of Range 26 East to the southeast corner of Section
111	24, Township 19 South, Range 26 East; thence Westerly along the
112	south line of said Section 24 to the southeast corner of Section
113	23, Township 19 South, Range 26 East; thence Westerly along the
114	south line of said Section 23 to the southwest corner thereof;
115	thence Northerly along the west line of said Section 23 to the
116	southwest corner of Section 14, Township 19 South, Range 26
117	East; thence Northerly along the west line of said Section 14 to
118	the southwest corner of Section 11, Township 19 South, Range 26
119	East; thence generally Northeasterly to the southwest corner of
120	Section 1, Township 19 South, Range 26 East; thence generally
121	Northeasterly to the southwest corner of Section 31, Township 18
122	South, Range 27 East; thence generally Northeasterly to the
123	southwest corner of Section 29, Township 18 South, Range 27
124	East; thence generally Northeasterly to the northwest corner of
125	Section 28, Township 18 South, Range 27 East; thence Easterly
126	along the north line of said Section 28 to the northwest corner
127	of Section 27, Township 18 South, Range 27 East; thence Easterly
128	along the north line of said Section 27 to the northwest corner
129	of Section 26, Township 18 South, Range 27 East; thence Easterly
130	along the north line of said Section 26 to the northwest corner
131	of Section 25, Township 18 South, Range 27 East; thence Easterly
132	along the north line of said Section 25 to an intersection with
133	the west line of Range 28 East; thence Northerly along the west
134	line of said Range 28 East, to the northwest corner of Section
135	6, Township 18 South, Range 28 East, and the Point of Beginning.
136	316.317  Wekiva Parkway.--
137	(1)  The "Wekiva Parkway" means any limited access highway
138	or expressway constructed between State Road 429 and Interstate
139	4 specifically incorporating the corridor alignment recommended
140	by Recommendation 2 of the Wekiva River Basin Area Task Force
141	final report dated January 15, 2003, and the recommendations of
142	the SR 429 Working Group that were adopted January 16, 2004.
143	(2)  The following Guiding Principles for the Wekiva
144	Parkway Design Features and Construction shall be used for the
145	Wekiva Parkway. When the design of any new expressway facility
146	is completed, it should:
147	(a)  Provide that all new expressways be fully limited
148	access, with interchanges;
149	(b)  Promote a "parkway look" with appropriate natural
150	buffers between the roadways and the adjacent areas;
151	(c)  Include the maximum provision for bridging through
152	strategically important wetlands;
153	(d)  Elevate (bridge) identified functionally significant
154	wildlife corridors and provide appropriate wildlife bridges with
155	barriers to direct wildlife to safe crossing points;
156	(e)  Design stormwater treatment facilities to minimize
157	habitat loss and promote restoration of impacted sites and
158	ensure capture and treatment of runoff from bridges over
159	Outstanding Florida Waters to Outstanding Florida Waters
160	standards;
161	(f)  Offer opportunities to view, understand, and access
162	the environmental uniqueness of the Wekiva River ecosystem;
163	(g)  Provide nonintrusive and minimal roadway and bridge
164	lighting in the Wekiva River Protection Area to support the
165	conservation of dark skies in the basin; and
166	(h)  Incorporate safety and access design features to
167	promote the continuation of prescribed burning in the basin.
168	(3)  If any improvements are considered to SR 44 through
169	the Wekiva River Protection Area, then the provisions of
170	subsection (2) shall apply.
171	(4)  When the design and construction of the Wekiva Parkway
172	is completed it should:
173	(a)  Reduce hazards to wildlife by relocating CR 46-A to
174	tie into SR 46 at the proposed SR 46 interchange;
175	(b)  Close the portions of CR 46-A that parallel and
176	duplicate SR 46 and serve only the traffic necessary to provide
177	access to local property;
178	(c)  Elevate the Wekiva Parkway through the Wekiva River
179	Protection Area to the maximum extent feasible, and have bridges
180	and adequate barriers as often as practical to provide for
181	adequate wildlife passages;
182	(d)  Bridge Wekiva River wetlands and floodplains on
183	publicly owned lands that are adjacent to the Wekiva Parkway
184	where known wildlife crossings exist;
185	(e)  Close existing SR 46 at an appropriate location west
186	of the Lake-Seminole County line so that the remaining sections
187	of SR 46 continue to be open only to provide local access to
188	private properties and recreational conservation lands, and
189	prevent through traffic; and
190	(f)  Where the at-grade portions of the existing SR 46
191	remain in place to provide local access, there will be no need
192	to provide wildlife passages on this low-volume, low-speed
193	service road.
194	(5)  The number of interchanges located along the Wekiva
195	Parkway shall not exceed five, and shall be located as follows:
196	(a)  SR 429 south of U.S. 441. The most southerly
197	interchange to occur south of U.S. 441 and serve as a junction
198	with the current SR 429 to allow a continuation of the route to
199	the northwest and then north and also to serve as a future
200	connection to the proposed extension to Maitland Boulevard (the
201	Apopka Bypass).
202	(b)  U.S. 441. An interchange to be located where SR 429
203	reaches U.S. 441.
204	(c)  Between U.S. 441 and SR 46 and a potential system
205	connection to the proposed U.S. 441 Bypass.
206	(d)  SR 46. An interchange to be located at SR 46 near the
207	area where CR 46-A is to be located.
208	(e)  Interstate 4. An interchange to be located where the
209	Wekiva Parkway reaches I-4 in Seminole County no further north
210	than the St. Johns River Bridge and no further south than the SR
211	417 interchange on I-4.
212	(6)  In Seminole County, the Seminole County Expressway
213	Authority, the Department of Transportation, and the Florida
214	Turnpike Enterprise shall locate the precise corridor and
215	interchanges for the Wekiva Parkway consistent with the
216	legislative intent expressed in this act and other provisions of
217	this act.
218	(7)  The Department of Transportation is hereby
219	specifically granted the authority to acquire and to exercise
220	the power of eminent domain to condemn all necessary lands,
221	property and all interests in property identified herein,
222	including fee-simple or less-than-fee simple interests,
223	including, but not limited to, all rights and interests set
224	forth in s. 337.27(1). The lands subject to this authority are
225	identified in paragraph 10.a., State of Florida, Office of the
226	Governor, Executive Order 03-112 of July 1, 2003, and in
227	Recommendation 16 of the Wekiva Basin Area Task Force created by
228	Executive Order 2002-259, such lands otherwise known as
229	Neighborhood Lakes, a 1,587+/- acre parcel located in Orange and
230	Lake Counties within Sections 27, 28, 33 and 34 of Township 19
231	South, Range 28 East, and Sections 3, 4, 5 and 9 of Township 20
232	South, Range 28 East; Seminole Woods/Swamp, a 5,353+/- acre
233	parcel located in Lake County within Section 37, Township 19
234	South, Range 28 East; New Garden Coal; a 1,605+/- acre parcel in
235	Lake County within Sections 23, 25, 35 and 36, Township 19
236	South, Range 28 East; Pine Plantation, a 617+/- acre tract
237	consisting of eight individual parcels within the Apopka City
238	limits. The Department of Transportation shall act as the lead
239	agency in the acquisition of these properties, and the
240	Department of Environmental Protection, the Department of
241	Community Affairs, the St. Johns River Water Management
242	District, and the Orlando-Orange County Expressway Authority and
243	other land acquisition entities shall participate and cooperate
244	in providing information and support to the lead agency.
245	(a)  Acquisition of the land described in this section is
246	required to provide right-of-way for the Wekiva Parkway, a
247	limited access roadway linking State Road 429 to Interstate 4,
248	an essential component in meeting regional transportation needs
249	to provide regional connectivity, improve safety, accommodate
250	projected population and economic growth, and satisfy critical
251	transportation requirements caused by increased traffic volume
252	growth and travel demands.
253	(b)  Acquisition of the lands described in this section is
254	also required to protect the surface water and groundwater
255	resources of Lake, Orange, and Seminole Counties, otherwise
256	known as the Wekiva Study Area, including recharge within the
257	springshed that provides for the Wekiva River system. Protection
258	of this area is crucial to the long-term viability of the Wekiva
259	River and springs and the central Florida region's water supply.
260	Acquisition of the lands described in this section is also
261	necessary to alleviate pressure from growth and development
262	affecting the surface water and groundwater resources within the
263	recharge area.
264	(c)  Title to all lands acquired under this section shall
265	vest in the State of Florida or the St. Johns Water Management
266	District, as appropriate.
267	(d)  Acquisition by the Department of Transportation for
268	lands described in this section that are not needed for the
269	Wekiva Parkway shall be transferred to the Board of Trustees of
270	the Internal Improvement Trust Fund for management as
271	conservation lands pursuant to ss. 259.032 and 253.034. However,
272	the Department of Transportation is authorized to utilize such
273	lands acquired with their own funds, or with acquisition
274	services provided at their cost, on a pro rata basis to the
275	total acreage acquired, as mitigation credits for potential
276	future impacts associated with the Wekiva Parkway or other
277	regionally significant roadways. With the exception of the
278	transportation use for the Wekiva Parkway, uses of the property
279	acquired shall be limited to traditional conservation uses or
280	other uses appropriate for lands acquired for the Florida
281	Forever program as created in s. 259.105.
282	(8)  The Department of Transportation, the Department of
283	Environmental Protection, the St. Johns River Water Management
284	District, Orlando-Orange County Expressway Authority and other
285	land acquisition entities shall cooperate and establish funding
286	responsibilities and partnerships by agreement to the extent
287	funds are available to the various entities. The Department of
288	Transportation shall acquire land in accordance with this
289	section of law to the extent funds are available from the
290	various funding partners, but shall not be required nor assumed
291	to fund the land acquisition beyond the agreement and funding
292	provided by the various land acquisition entities.
293	(9)  The Board of Trustees of the Internal Improvement
294	Trust Fund is requested to consider amending the Wekiva-Ocala
295	Greenway Florida Forever project boundary to include the Pine
296	Plantation parcel and wetland and upland(scrub oak) parcels as
297	shown in Figure 6 of the Wekiva River Basin Coordinating
298	Committee's Final Report dated March 16, 2004.
299	(10)  Subject to an appropriation by the Legislature, the
300	Department of Transportation shall purchase those lands in the
301	Wekiva Study Area necessary for the construction of the Wekiva
302	Parkway and the preservation of environmentally sensitive lands.
303	369.318  Studies.--
304	(1)  The Department of Environmental Protection shall study
305	the efficacy and applicability of water quality and wastewater
306	treatment standards needed to achieve nitrogen reductions
307	protective of surface water and groundwater quality within the
308	Wekiva Study Area and report to the Governor and the Department
309	of Community Affairs no later than December 1, 2004. Based on
310	the December 2004 report, the Department of Environmental
311	Protection shall, if appropriate, by March 1, 2005, initiate
312	rulemaking to achieve nitrogen reductions protective of surface
313	water and groundwater quality or recommend legislation that
314	grants any additional statutory authority needed to implement
315	the report recommendations.
316	(2)  The Department of Health, in coordination with the
317	Department of Environmental Protection, shall study the efficacy
318	and applicability of onsite disposal system standards needed to
319	achieve nitrogen reductions protective of groundwater quality
320	within the Wekiva Study Area and report to the Governor and the
321	Department of Community Affairs no later than December 1, 2004.
322	Based on the December 2004 report, the Department of Health
323	shall, if appropriate, by March 1, 2005, initiate rulemaking to
324	achieve nitrogen reductions protective of water quality or
325	recommend legislation that grants any additional statutory
326	authority needed to implement the report recommendations. The
327	study shall consider:
328	(a)  For new developments within the Wekiva Study Area and
329	any existing development within the Wekiva River Protection Area
330	using onsite disposal systems, a more stringent level of
331	wastewater treatment, including, but not limited to, the use of
332	multiple tanks to combine aerobic and anaerobic treatment to
333	reduce the level of nitrates.
334	(b)  The implementation of a septic tank maintenance and
335	inspection program which includes upgrading certain onsite
336	disposal systems permitted prior to 1982 to meet minimum
337	Department of Health standards, replacement of failing systems
338	and systems not meeting current standards, and providing funding
339	mechanisms for supporting a septic tank inspection and
340	maintenance program.
341	(3)  The St. Johns River Water Management District shall
342	initiate rulemaking to:
343	(a)  Amend the recharge criteria in Rule 40C-41.063(3),
344	Florida Administrative Code, to expand the area within which the
345	standard is applied to include the Wekiva Study Area.
346	(b)  Adopt a consolidated environmental resource
347	permit/consumptive use permit for projects that require both an
348	environmental resource permit and a consumptive use permit that
349	involve irrigation of urban landscape, golf courses, or
350	recreational areas.
351	(4)  By March 1, 2005, the St. Johns River Water Management
352	District in conjunction with the Department of Environmental
353	Protection, shall initiate rulemaking to amend the recharge
354	criteria in Rule 40C-41.063(3), Florida Administrative Code, to
355	provide that the postdevelopment recharge volume conditions
356	within the Wekiva Study Area approximate predevelopment recharge
357	volume conditions. The district shall study and undertake this
358	rulemaking to accomplish this standard on a development-specific
359	basis.
360	(5)  The St. Johns River Water Management District shall
361	complete an assessment of the significance of water uses below
362	the current consumptive use permit thresholds in the Wekiva
363	Study Area to determine if rulemaking should be initiated to
364	lower consumptive use permit thresholds.
365	(6)  The St. Johns River Water Management District shall
366	conduct an analysis of the impact of redevelopment projects in
367	the Wekiva River basin upon aquifer recharge and shall consider
368	whether to adopt a rule amendment to require those redevelopment
369	projects exceeding a specified threshold to meet the Wekiva
370	Basin recharge criteria. The effect of redevelopment upon
371	aquifer recharge shall be analyzed and then the costs of
372	regulation shall be analyzed.
373	(7)  By December 1, 2007, the St. Johns River Water
374	Management District shall update the minimum flows and levels
375	standards for Rock Springs and Wekiwa Springs. Further, the
376	district shall revise the consumptive use permit thresholds in
377	the Wekiva Study Area to address proposed water withdrawals
378	above 50,000 gallons per day. Revisions to the consumptive use
379	thresholds shall provide for a general permit, if possible, and
380	include a transition period that allows continued access to
381	water supply for users that were not previously subject to the
382	permitting process.
383	(8)  By December 1, 2005, the St. Johns River Water
384	Management District shall establish pollution load reduction
385	goals for the Wekiva Study Area to assist the Department of
386	Environmental Protection in adopting total maximum daily loads
387	for impaired waters within the Wekiva Study Area by December 1,
388	2006.
389	(9)  The Department of Agriculture and Consumer Services
390	shall be the lead agency in coordinating the reduction of
391	agricultural nonpoint sources of pollution. The Department of
392	Agriculture and Consumer Services shall study and, if necessary,
393	initiate rulemaking to implement new or revised best management
394	practices for improving and protecting water bodies, including
395	those basins with impaired water bodies addressed by the Total
396	Maximum Daily Loads Program.
397	369.319  Master stormwater management plan.--Each local
398	government within the Wekiva Study Area shall develop a master
399	stormwater management plan that assesses existing problems and
400	deficiencies in the community, identifies projects to meet long-
401	range needs, establishes priorities to address existing
402	deficiencies, establishes measures to address redevelopment,
403	establishes a schedule to complete needed improvements,
404	evaluates the feasibility of stormwater reuse, and includes
405	requirements for inspection and maintenance of facilities. The
406	plan shall also identify a funding source, such as a stormwater
407	utility fee, to fund implementation of the plan and maintenance
408	program. In addition, the local government shall establish a
409	water reuse and irrigation program that allows for reuse of
410	stormwater to minimize pumpage of groundwater for nonpotable
411	usage.
412	369.320  Wastewater facility plan.--
413	(1)  Local governments within the Wekiva Study Area shall
414	develop a wastewater facility plan for joint planning areas and
415	utility service areas where central wastewater systems are not
416	readily available. The facility plan shall include the
417	delineation of areas within the utility service area that are to
418	be served by central facilities within 5 years, a financially
419	feasible schedule of improvements, an infrastructure work plan
420	to build the facilities needed to implement the facility plan,
421	including those needed to meet enhanced treatment standards
422	adopted by the Department of Environmental Protection, and a
423	phase-out of existing onsite septic tank systems where central
424	facilities are available. The facility plan shall also include a
425	long-range component addressing service of the joint planning
426	area or utility service area. In addition, local governments
427	shall establish a water reuse program that allows for reuse of
428	reclaimed water to minimize pumpage of groundwater for
429	nonpotable usage.
430	(2)  Local governments shall update their wastewater
431	facility plans required in subsection (1) where the Total
432	Maximum Daily Loads Program requires reductions in point source
433	pollutants for a basin or as required by legislation for
434	enhanced treatment standards.
435	369.321  Comprehensive plan amendments.--By January 1,
436	2006, each local government within the Wekiva Study Area shall
437	amend its local government comprehensive plan to include the
438	following:
439	(1)  Local governments hosting an interchange on the Wekiva
440	Parkway shall adopt an interchange land use plan into their
441	comprehensive plans. Each interchange land use plan shall
442	address appropriate land uses and compatible development,
443	secondary road access, access management, right-of-way
444	protection, vegetation protection and water conserving
445	landscaping, and the height and appearance of structures and
446	signage. Local governments within which the Wekiva Parkway is
447	planned shall amend their local government comprehensive plans
448	to include the Wekiva Parkway.
449	(2)  Local governments shall amend the appropriate elements
450	of their comprehensive plans, including the capital improvements
451	element, to ensure implementation of the master stormwater
452	management plan.
453	(3)  Local governments shall amend their comprehensive
454	plans to establish land use strategies that optimize open space
455	and promote a pattern of development on a jurisdiction-wide
456	basis that protects the most effective recharge areas, karst
457	features, and sensitive natural habitats including longleaf pine
458	forests and sandhill, sand pine, and xeric oak scrub. Such
459	strategies shall recognize property rights and the varying
460	circumstances within the Wekiva Study Area, including rural and
461	urban land use patterns. Local comprehensive plans shall map,
462	using best available data from the St. Johns River Water
463	Management District and the Fish and Wildlife Conservation
464	Commission, recharge areas and sensitive upland habitats for
465	this purpose. Local governments shall have flexibility to
466	achieve this objective through comprehensive plan strategies
467	that may include, but are not limited to:
468	(a)  Coordinated greenway plans;
469	(b)  Dedication of conservation easements;
470	(c)  Land acquisition;
471	(d)  Clustering of development;
472	(e)  Density credits and density incentives which result in
473	permanent protection of open space; and
474	(f)  Low to very low density development.
475	(4)  An up-to-date 10-year water supply facility work plan
476	for building potable water facilities necessary to serve
477	existing and new development and for which the local government
478	is responsible.
479	(5)  Comprehensive plans and comprehensive plan amendments
480	adopted by the local governments to implement this section shall
481	be reviewed by the Department of Community Affairs pursuant to
482	s. 163.3184, and shall be exempt from the provisions of s.
483	163.3187(1).
484	(6)  Implementing land development regulations shall be
485	adopted no later than January 1, 2007.
486	(7)  During the period prior to the adoption of the
487	comprehensive plan amendments required by this act, any local
488	comprehensive plan amendment adopted by a city or county that
489	applies to land located within the Wekiva Study Area shall
490	protect surface water and groundwater resources and be reviewed
491	by the Department of Community Affairs, pursuant to chapter 9J-
492	5, Florida Administrative Code, using the best available data,
493	including the information presented to the Wekiva River Basin
494	Coordinating Committee.
495	369.322  Coordination of land use and water supply within
496	the Wekiva Study Area.--
497	(1)  In their review of local government comprehensive plan
498	amendments for property located within the Wekiva Study Area
499	pursuant to s. 163.3184, the Department of Community Affairs and
500	the St. Johns River Water Management District shall ensure that
501	amendments that increase development potential demonstrate that
502	adequate potable water consumptive use permit capacity is
503	available.
504	(2)  Local governments located within the Wekiva Study Area
505	shall coordinate with the St. Johns River Water Management
506	District and other public and private utilities, on a countywide
507	or multicounty basis, to implement cooperative solutions for
508	development of alternative water sources necessary to supplement
509	groundwater supplies consistent with the St. Johns River Water
510	Management District Regional Water Supply Plan.
511	(3)  In recognition of the need to balance resource
512	protection, existing infrastructure and improvements planned or
513	committed as part of approved development, consistent with
514	existing municipal or county comprehensive plans and economic
515	development opportunities, planned community development
516	initiatives that ensure protection of surface water and
517	groundwater resources while promoting compact, ecologically and
518	economically sustainable growth should be encouraged. Small area
519	studies, sector plans, or similar planning tools should support
520	these community development initiatives. In addition, the
521	Department of Community Affairs may make available best practice
522	guides that demonstrate how to balance resource protection and
523	economic development opportunities.
524	369.323  Compliance.--Comprehensive plans and plan
525	amendments adopted by the local governments within the Wekiva
526	Study Area to implement this act shall be reviewed for
527	compliance by the Department of Community Affairs.
528	369.324  Wekiva River Basin Commission.--
529	(1)  The Wekiva River Basin Commission is created to
530	monitor and ensure the implementation of the recommendations of
531	the Wekiva River Basin Coordinating Committee for the Wekiva
532	Study Area. The East Central Florida Regional Planning Council
533	shall provide staff support to the commission with funding
534	assistance from the Department of Community Affairs. The
535	commission shall be composed of a total of 19 members appointed
536	by the Governor, 9 of whom shall be voting members and 10 of
537	whom shall be ad hoc nonvoting members. The voting members shall
538	include:
539	(a)  One member of each of the Boards of County
540	Commissioners for Lake, Orange, and Seminole Counties.
541	(b)  One municipal elected official to serve as a
542	representative of the municipalities located within Lake County.
543	(c)  One municipal elected official to serve as a
544	representative of the municipalities located within Orange
545	County.
546	(d)  One municipal elected official to serve as a
547	representative of the municipalities located within Seminole
548	County.
549	(e)  One citizen representing an environmental or
550	conservation organization, one citizen representing a local
551	property owner, a land developer, or an agricultural entity, and
552	one at-large citizen who shall serve as chair of the council.
553	(f)  The ad hoc nonvoting members shall include one
554	representative from each of the following entities:
555	1.  St. Johns River Management District.
556	2.  Department of Community Affairs.
557	3.  Department of Environmental Protection.
558	4.  Department of Health.
559	5.  Department of Agriculture and Consumer Services.
560	6.  Fish and Wildlife Conservation Commission.
561	7.  Department of Transportation.
562	8.  MetroPlan Orlando.
563	9.  Orlando-Orange County Expressway Authority.
564	10.  Seminole County Expressway Authority.
565	(2)  Members shall serve 3-year, staggered terms, and shall
566	serve without compensation but shall serve at the expense of the
567	entity they represent.
568	(3)  Meetings of the commission shall be held in Lake,
569	Orange, or Seminole County at the call of the chair, but the
570	commission shall meet at least twice a year.
571	(4)  To assist the commission in its mission, the East
572	Coast Regional Planning Council, in coordination with the
573	applicable regional and state agencies, shall serve as a
574	clearinghouse of baseline or specialized studies through
575	modeling and simulation, including collecting and disseminating
576	data on the demographics, economics, and the environment of the
577	Wekiva Study Area including the changing conditions of the
578	Wekiva River surface water and groundwater basin and associated
579	influence on the Wekiva River springs.
580	(5)  The commission shall report annually, no later than
581	December 31 of each year, to the Governor, the President of the
582	Senate, the Speaker of the House of Representatives, and the
583	Department of Community Affairs on implementation progress.
584	Section 2.  Paragraph (b) of subsection (1) of section
585	163.3184, Florida Statutes, is amended to read:
586	163.3184  Process for adoption of comprehensive plan or
587	plan amendment.--
588	(1)  DEFINITIONS.--As used in this section, the term:
589	(b)  "In compliance" means consistent with the requirements
590	of ss. 163.3177, 163.31776, when a local government adopts an
591	educational facilities element, 163.3178, 163.3180, 163.3191,
592	and 163.3245, with the state comprehensive plan, with the
593	appropriate strategic regional policy plan, and with chapter 9J-
594	5, Florida Administrative Code, where such rule is not
595	inconsistent with this part and with the principles for guiding
596	development in designated areas of critical state concern and
597	with part III of chapter 369, where applicable.
598	Section 3.  Section 348.7546, Florida Statutes, is created
599	to read:
600	348.7546  Northwest Beltway Part B; construction
601	authorized; financing.--Notwithstanding s. 338.2275, the
602	Orlando-Orange County Expressway Authority is hereby authorized
603	to exercise its condemnation powers, construct, finance,
604	operate, own, and maintain that portion of the Western Beltway
605	known as the Northwest Beltway Part B as part of the authority's
606	authority's long-range capital improvement plan. The
607	Northwest Beltway Part B shall extend from the existing northern
608	terminus of State Road 429 at U.S. 441 near Apopka, or such
609	realigned terminus of that portion of State Road 429 known as
610	the Northwest Beltway Part A to the west of the existing
611	northern terminus, proceeding north through Orange County and
612	into Lake County to a terminus at or near State Road 46, or such
613	terminus north of State Road 46 as mutually determined by the
614	authority and the Lake County Board of County Commissioners.
615	This project may be financed with any funds available to the
616	authority for such purpose or revenue bonds issued by the
617	authority pursuant to s. 11, Art. VII of the State Constitution,
618	and s. 348.755(1)(b).
619	Section 4.  Section 348.7547, Florida Statutes, is created
620	to read:
621	348.7547  Maitland Boulevard Extension and Northwest
622	Beltway Part A realignment; construction authorized;
623	financing.--Notwithstanding s. 338.2275, the Orlando-Orange
624	-Notwithstanding s. 338.2275, the Orlando-Orange County
625	Expressway Authority is hereby authorized to exercise its
626	condemnation powers, construct, finance, operate, own, and
627	maintain the portion of State Road 414 known as the Maitland
628	Boulevard Extension and the realigned portion of the Northwest
629	Beltway Part A as part of the authority's long-range capital
630	improvement plan. The Maitland Boulevard Extension shall extend
631	from the current terminus of State Road 414 at U.S. 441 west to
632	State Road 429 in west Orange County. The realigned portion of
633	the Northwest Beltway Part A shall run from the point at or near
634	where the Maitland Boulevard Extension shall connect with State
635	Road 429 and shall proceed to the west and then north resulting
636	in the northern terminus of State Road 429 moving farther west
637	before reconnecting with U.S. 441. This project may be financed
638	with any funds available to the authority for such purpose or
639	revenue bonds issued by the authority pursuant to s. 11, Art.
640	VII of the State Constitution, and s. 348.755(1)(b).
641	Section 5.  This act shall take effect July 1, 2004.
642
643	================ T I T L E  A M E N D M E N T =============
644	Remove everything before the enacting clause, and insert:
645	A bill to be entitled
646	An act relating to the Wekiva Parkway and Protection Act;
647	creating part III of ch. 369, F.S., consisting of ss.
648	369.314, 369.315, 369.316, 369.317, 369.318, 369.319,
649	369.320, 369.321, 369.322, 369.323, and 369.324, F.S.;
650	providing legislative intent; providing a legal
651	description of the Wekiva Study Area; defining the Wekiva
652	Parkway; providing guiding principles for the Wekiva
653	Parkway Design Features and Construction; limiting the
654	number of interchanges along the Wekiva Parkway; granting
655	the Department of Transportation certain eminent domain
656	authority for the Wekiva Parkway construction; requiring
657	that certain entities locate the precise corridor and
658	interchanges for the Wekiva Parkway in Seminole County
659	consistent with this act; providing that title of all
660	lands acquired for the Wekiva Parkway shall vest in the
661	State of Florida or the St. Johns Water Management
662	District, as appropriate; providing that certain lands not
663	needed for the Wekiva Parkway be transferred to the Board
664	of Trustees of the Internal Improvement Trust Fund;
665	requiring certain entities and agencies to cooperate and
666	establish funding responsibilities and partnerships;
667	requiring the Department of Transportation to purchase
668	certain lands subject to a legislative appropriation;
669	requiring certain studies by the Department of
670	Environmental Protection, the Department of Health, the
671	St. Johns River Water Management District, and the
672	Department of Agriculture and Consumer Services; providing
673	for a master stormwater plan; providing for a wastewater
674	facility plan; requiring certain local government
675	comprehensive plan amendments; providing for the
676	coordination of land use and water supply with the Wekiva
677	Study Area; providing that comprehensive plans and
678	comprehensive plan amendments be reviewed for compliance
679	by the Department of Community Affairs; creating the
680	Wekiva River Basin Commission; amending s. 163.3184, F.S.;
681	amending the definition of "compliance"; creating s.
682	348.7546, F.S.; authorizing the construction and financing
683	of the Northwest Beltway Part B; creating s. 348.7547,
684	F.S.; authorizing the construction and financing of the
685	Maitland Boulevard Extension and Northwest Beltway Part A;
686	providing an effective date.
687
688	WHEREAS, the Wekiva River System and its associated
689	springshed areas are of irreplaceable value to the quality of
690	life and well-being of the people of the State of Florida, and
691	WHEREAS, protection of the surface water and groundwater
692	resources, including recharge within the springshed that
693	provides for the Wekiva River System, is crucial to the long-
694	term viability of the Wekiva River and springs and the central
695	Florida Region's water supply, and
696	WHEREAS, construction of the Wekiva Parkway and other
697	roadway improvements to the west of the Wekiva River System will
698	add to the pressures for growth and development already
699	affecting the surface water and groundwater resources within the
700	recharge area, NOW, THEREFORE,

CODING: Words stricken are deletions; words underlined are additions.