| 1 | Representative Brummer offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 130-455 and insert: |
| 5 | undue burden on local governments within the Wekiva Study Area. |
| 6 | Any required Wekiva Study Area comprehensive plan amendments may |
| 7 | be adopted in conjunction with other amendments not required by |
| 8 | this part. |
| 9 | 369.316 Wekiva Study Area.--The Wekiva Study Area shall |
| 10 | consist of a portion of Lake, Orange, and Seminole Counties, |
| 11 | Florida, being more particularly described as follows: |
| 12 |
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| 13 | Begin at the northwest corner of Section 6, Township |
| 14 | 18 South, Range 28 East, Lake County, Florida, said |
| 15 | corner lying on the north line of Township 18 South; |
| 16 | thence Easterly along said north line of Township 18 |
| 17 | South to the northeast corner of Section 5, Township |
| 18 | 18 South, Range 29 East; thence Southerly along the |
| 19 | east line of said Section 5 to the northeast corner of |
| 20 | Section 8, Township 18 South, Range 29 East; thence |
| 21 | Southerly along the east line of said Section 8 to the |
| 22 | northeast corner of Section 17, Township 18 South, |
| 23 | Range 29 East; thence Southerly along the east line of |
| 24 | said Section 17 to the northeast corner of Section 20, |
| 25 | Township 18 South, Range 29 East; thence Southerly |
| 26 | along the east line of said Section 20 to the |
| 27 | northeast corner of Section 29, Township 18 South, |
| 28 | Range 29 East; thence Southerly along the east line of |
| 29 | said Section 29 to the northeast corner of Section 32, |
| 30 | Township 18 South, Range 29 East; thence Southerly |
| 31 | along the east line of said Section 32 to the |
| 32 | southeast corner thereof, said corner lying on the |
| 33 | south line of Township 18 South; thence Easterly along |
| 34 | the south line of said Township 18 South to an |
| 35 | intersection with the east line of Range 29 East; |
| 36 | thence Southerly along the east line of said Range 29 |
| 37 | East to the southeast corner of Section 24, Township |
| 38 | 21 South, Range 29 East; thence Westerly along the |
| 39 | south line of said Section 24 to the southeast corner |
| 40 | of Section 23, Township 21 South, Range 29 East; |
| 41 | thence Westerly along the south line of said Section |
| 42 | 23 to an intersection with the centerline of |
| 43 | Interstate Highway No. 4; thence generally Southerly |
| 44 | along the centerline of Interstate Highway No. 4 to an |
| 45 | intersection with the south line of Section 13, |
| 46 | Township 22 South, Range 29 East; thence Westerly |
| 47 | along the south line of said Section 13 to the |
| 48 | southeast corner of Section 14, Township 22 South, |
| 49 | Range 29 East; thence Westerly along the south line of |
| 50 | said Section 14 to the southeast corner of Section 15, |
| 51 | Township 22 South, Range 29 East; thence Westerly |
| 52 | along the south line of said Section 15 to the |
| 53 | northeast corner of Section 21, Township 22 South, |
| 54 | Range 29 East; thence Southerly along the east line of |
| 55 | said Section 21 to an intersection with the centerline |
| 56 | of State Road No. 50; thence Westerly along the |
| 57 | centerline of said State Road No. 50 to the northeast |
| 58 | corner of Section 30, Township 22 South, Range 28 |
| 59 | East; thence Southerly along the east line of said |
| 60 | Section 30 to the northeast corner of Section 31, |
| 61 | Township 22 South, Range 28 East; thence Southerly |
| 62 | along the east line of said Section 31 to the |
| 63 | southeast corner thereof, said corner lying on the |
| 64 | south line of Township 22 South; thence Westerly along |
| 65 | said south line of Township 22 South to the northeast |
| 66 | corner of Section 2, Township 23 South, Range 27 East; |
| 67 | thence Southerly along the east line of said Section 2 |
| 68 | to the northeast corner of Section 11, Township 23 |
| 69 | South, Range 27 East; thence Southerly along the east |
| 70 | line of said Section 11 to the southeast corner |
| 71 | thereof; thence Westerly along the south line of said |
| 72 | Section 11 to the southeast corner of Section 10, |
| 73 | Township 23 South, Range 27 East; thence Westerly |
| 74 | along the south line of said Section 10 to the |
| 75 | southeast corner of Section 9, Township 23 South, |
| 76 | Range 27 East; thence Westerly along the south line of |
| 77 | said Section 9 to the southeast corner of Section 8, |
| 78 | Township 23 South, Range 27 East; thence Westerly |
| 79 | along the south line of said Section 8 to the |
| 80 | southeast corner of Section 7, Township 23 South, |
| 81 | Range 27 East; thence Westerly along the south line of |
| 82 | said Section 7 to the southwest corner thereof, said |
| 83 | corner lying on the line of demarcation between Orange |
| 84 | County and Lake County; thence generally Northerly and |
| 85 | along said county line to the northeast corner of |
| 86 | Section 12, Township 20 South, Range 26 East, |
| 87 | said corner lying on the east line of Range 26 East; |
| 88 | thence generally Northerly and along said east line of |
| 89 | Range 26 East to the southeast corner of Section 24, |
| 90 | Township 19 South, Range 26 East; thence Westerly |
| 91 | along the south line of said Section 24 to the |
| 92 | southeast corner of Section 23, Township 19 South, |
| 93 | Range 26 East; thence Westerly along the south line of |
| 94 | said Section 23 to the southwest corner thereof; |
| 95 | thence Northerly along the west line of said Section |
| 96 | 23 to the southwest corner of Section 14, Township 19 |
| 97 | South, Range 26 East; thence Northerly along the west |
| 98 | line of said Section 14 to the southwest corner of |
| 99 | Section 11, Township 19 South, Range 26 East; thence |
| 100 | generally Northeasterly to the southwest corner of |
| 101 | Section 1, Township 19 South, Range 26 East; thence |
| 102 | generally Northeasterly to the southwest corner of |
| 103 | Section 31, Township 18 South, Range 27 East; thence |
| 104 | generally Northeasterly to the southwest corner of |
| 105 | Section 29, Township 18 South, Range 27 East; thence |
| 106 | generally Northeasterly to the northwest corner of |
| 107 | Section 28, Township 18 South, Range 27 East; thence |
| 108 | Easterly along the north line of said Section 28 to |
| 109 | the northwest corner of Section 27, Township 18 South, |
| 110 | Range 27 East; thence Easterly along the north line of |
| 111 | said Section 27 to the northwest corner of Section 26, |
| 112 | Township 18 South, Range 27 East; thence Easterly |
| 113 | along the north line of said Section 26 to the |
| 114 | northwest corner of Section 25, Township 18 South, |
| 115 | Range 27 East; thence Easterly along the north line of |
| 116 | said Section 25 to an intersection with the west line |
| 117 | of Range 28 East; thence Northerly along the west line |
| 118 | of said Range 28 East to the northwest corner of |
| 119 | Section 6, Township 18 South, Range 28 East, and the |
| 120 | Point of Beginning. |
| 121 |
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| 122 | 369.317 Wekiva Parkway.-- |
| 123 | (1) The "Wekiva Parkway" means a limited access highway or |
| 124 | expressway constructed between State Road 429 and Interstate 4 |
| 125 | specifically incorporating the corridor alignment recommended by |
| 126 | Recommendation 2 of the Wekiva River Basin Area Task Force final |
| 127 | report dated January 15, 2003. |
| 128 | (2) The State Road 46 Connector shall be a limited access, |
| 129 | nontoll facility connecting the Wekiva Parkway to State Road 46 |
| 130 | west of Sorrento through a system interchange. The guiding |
| 131 | principles governing the construction of the Wekiva Parkway |
| 132 | shall be applied to the design and construction of the State |
| 133 | Road 46 Connector. |
| 134 | (3) To the maximum extent practicable, taking into account |
| 135 | environmental protection needs, economic feasibility, and |
| 136 | industry-standard construction design and engineering practices, |
| 137 | the "Guiding Principles for the Wekiva Parkway Design Features |
| 138 | and Construction" as set forth in the Wekiva River Basin |
| 139 | Coordinating Committee Final Report, dated March 16, 2004, shall |
| 140 | be followed. The Wekiva Parkway shall not replace State Road 46 |
| 141 | in Lake County. |
| 142 | (4) The number of interchanges located along the Wekiva |
| 143 | Parkway shall not exceed six and shall be located as follows: |
| 144 | (a) State Road 429 south of U.S. Highway 441. |
| 145 | (b) U.S. Highway 441. |
| 146 | (c) Between U.S. Highway 441 and State Road 46. |
| 147 | (d) State Road 46. |
| 148 | (e) Interstate 4. |
| 149 | (f) The State Road 46 connector, as appropriate. |
| 150 | (5) The construction of the Wekiva Parkway or State Road |
| 151 | 429 north of U.S. Highway 441 shall not commence until the |
| 152 | right-of-way for the Wekiva Parkway is acquired from State Road |
| 153 | 46 in Lake County to Interstate 4 in Seminole County and the |
| 154 | properties identified in subsection (7) as Neighborhood Lakes, |
| 155 | Pine Plantation, and New Garden Coal are acquired or are |
| 156 | approved as mitigation bank land as described for the New Garden |
| 157 | Coal property in section 3. |
| 158 | (6) In Seminole County, the Seminole County Expressway |
| 159 | Authority, the Department of Transportation, and the Florida |
| 160 | Turnpike Enterprise shall locate the precise corridor and |
| 161 | interchanges for the Wekiva Parkway consistent with the |
| 162 | legislative intent and other provisions of this part. |
| 163 | (7) The Department of Transportation is specifically |
| 164 | granted the authority to acquire and to exercise the power of |
| 165 | eminent domain to condemn all necessary lands, property, and all |
| 166 | interests in property identified herein, including fee-simple or |
| 167 | less-than-fee-simple interests, including, but not limited to, |
| 168 | all rights and interests set forth in s. 337.27(1). The lands |
| 169 | subject to this authority are identified in paragraph 10.a., |
| 170 | State of Florida, Office of the Governor, Executive Order 03-112 |
| 171 | of July 1, 2003, and in Task Force Recommendation 16 of the |
| 172 | Wekiva River Basin Area Task Force created by Executive Order |
| 173 | 2002-259, such lands otherwise known as Neighborhood Lakes, a |
| 174 | 1,587 +/- acre parcel located in Orange and Lake Counties within |
| 175 | Sections 27, 28, 33 and 34 of Township 19 South, Range 28 East, |
| 176 | and Sections 3, 4, 5 and 9 of Township 20 South, Range 28 East; |
| 177 | New Garden Coal, a 1,605 +/- acre parcel in Lake County within |
| 178 | Sections 23, 25, 26, 35 and 36, Township 19 South, Range 28 |
| 179 | East; Pine Plantation, a 617 +/- acre tract consisting of eight |
| 180 | (8) individual parcels within the Apopka City limits; but |
| 181 | excluding Seminole Woods/Swamp, a 5,353.2 +/- acre parcel |
| 182 | located in Lake County within Section 37, Township 19 South, |
| 183 | Range 28 East. The Department of Transportation shall act as the |
| 184 | lead agency in the acquisition of these properties, and the |
| 185 | Department of Environmental Protection, the Department of |
| 186 | Community Affairs, the St. Johns River Water Management |
| 187 | District, the Orlando-Orange County Expressway Authority, and |
| 188 | other land-acquisition entities shall participate and cooperate |
| 189 | in providing information and support to the lead agency. Within |
| 190 | those lands known as Seminole Woods/Swamp, a 5,353.2 +/- acre |
| 191 | parcel located in Lake County within Section 37, Township 19 |
| 192 | South, Range 28 East, only those lands which are specifically |
| 193 | needed for the right-of-way for the Wekiva Parkway may be |
| 194 | acquired by the Department of Transportation through eminent |
| 195 | domain. The lands within the Seminole Woods/Swamp parcel which |
| 196 | are not needed for the right-of-way for the Wekiva Parkway may |
| 197 | be acquired by the Department of Transportation, the Department |
| 198 | of Environmental Protection, the Department of Community |
| 199 | Affairs, or the St. Johns River Water Management District by |
| 200 | voluntary sale through an authorized land acquisition program. |
| 201 | (a) Acquisition of the lands described in this section is |
| 202 | required to provide right-of-way for the Wekiva Parkway, a |
| 203 | limited access roadway linking State Road 429 to Interstate 4, |
| 204 | an essential component in meeting regional transportation needs |
| 205 | to provide regional connectivity, improve safety, accommodate |
| 206 | projected population and economic growth, and satisfy critical |
| 207 | transportation requirements caused by growth in traffic volume |
| 208 | and increased travel demands. |
| 209 | (b) Acquisition of the lands described in this section is |
| 210 | also required to protect the surface water and groundwater |
| 211 | resources of Lake, Orange, and Seminole Counties, otherwise |
| 212 | known as the Wekiva Study Area, including recharge within the |
| 213 | springshed that provides for the Wekiva River system. Protection |
| 214 | of this area is crucial to the long-term viability of the Wekiva |
| 215 | River and Wekiwa Springs and the central Florida region's water |
| 216 | supply. Acquisition of the lands described in s. 369.316 is also |
| 217 | necessary to alleviate pressure for growth and development which |
| 218 | could possibly affect the surface water and groundwater |
| 219 | resources within the recharge area. |
| 220 | (c) Title to all lands acquired under this section shall |
| 221 | vest in the state. |
| 222 | (d) Acquisition by the Department of Transportation of the |
| 223 | lands described in s. 369.316 that are not needed for the Wekiva |
| 224 | Parkway shall be transferred to the Board of Trustees of the |
| 225 | Internal Improvement Trust Fund for management as conservation |
| 226 | lands pursuant to ss. 253.034 and 259.032. However, the |
| 227 | Department of Transportation is authorized to utilize such lands |
| 228 | acquired with its own funds, or with acquisition services |
| 229 | provided at its cost, on a pro rata basis to the total acreage |
| 230 | acquired, as mitigation credits for potential future impacts |
| 231 | associated with the Wekiva Parkway or other regionally |
| 232 | significant roadways. With the exception of the transportation |
| 233 | use for the Wekiva Parkway, uses of the property acquired shall |
| 234 | be limited to traditional conservation uses appropriate for land |
| 235 | acquisition for the Florida Forever program as created by s. |
| 236 | 259.105. |
| 237 | (8) The Department of Transportation, the Department of |
| 238 | Environmental Protection, the St. Johns River Water Management |
| 239 | District, the Orlando-Orange County Expressway Authority, and |
| 240 | other land-acquisition entities shall cooperate and establish |
| 241 | funding responsibilities and partnerships by agreement to the |
| 242 | extent funds are available to the various entities. The |
| 243 | Department of Transportation shall acquire land in accordance |
| 244 | with this section to the extent funds are available from the |
| 245 | various funding partners but shall not be required nor assumed |
| 246 | to fund the land acquisition beyond the agreement and funding |
| 247 | provided by the various land-acquisition entities. |
| 248 | 369.318 Studies; rulemaking.-- |
| 249 | (1) The Department of Environmental Protection shall study |
| 250 | the efficacy and applicability of water quality and wastewater |
| 251 | treatment standards needed to achieve nitrogen reductions |
| 252 | protective of water quality within the Wekiva Study Area and |
| 253 | report to the Governor and the Department of Community Affairs |
| 254 | no later than December 1, 2004. Based on the December 2004 |
| 255 | report, the Department of Environmental Protection shall, by |
| 256 | March 1, 2005, initiate rulemaking to achieve nitrogen |
| 257 | reductions protective of water quality or recommend legislation |
| 258 | that grants any additional statutory authority needed to |
| 259 | implement the report recommendations. |
| 260 | (2) The Department of Health, in coordination with the |
| 261 | Department of Environmental Protection, shall study the efficacy |
| 262 | and applicability of onsite disposal system standards needed to |
| 263 | achieve nitrogen reductions protective of water quality within |
| 264 | the Wekiva Study Area and report to the Governor and the |
| 265 | Department of Community Affairs no later than December 1, 2004. |
| 266 | Based on the December 2004 report, the Department of Health |
| 267 | shall, by March 1, 2005, initiate rulemaking to achieve nitrogen |
| 268 | reductions protective of water quality or recommend legislation |
| 269 | that grants any additional statutory authority needed to |
| 270 | implement the report recommendations. The study shall consider: |
| 271 | (a) For new developments and any existing development |
| 272 | within the Wekiva River Protection Area using onsite disposal |
| 273 | systems, a more stringent level of wastewater treatment, |
| 274 | including the use of multiple tanks to combine aerobic and |
| 275 | anaerobic treatment to reduce the level of nitrates. |
| 276 | (b) The implementation of a septic tank maintenance and |
| 277 | inspection program that includes upgrading certain onsite |
| 278 | disposal systems permitted prior to 1982 to meet minimum |
| 279 | Department of Health standards, replacement of failing systems |
| 280 | and systems not meeting current standards, and providing funding |
| 281 | mechanisms for supporting a septic tank inspection and |
| 282 | maintenance program. |
| 283 | (3)(a) The St. Johns River Water Management District shall |
| 284 | initiate rulemaking to apply the recharge criteria set forth in |
| 285 | Rule 40C-41.063(3), Florida Administrative Code, to the most |
| 286 | effective recharge areas within the Wekiva Study Area. In |
| 287 | addition, the St. Johns River Water Management District shall, |
| 288 | in conjunction with the Department of Environmental Protection, |
| 289 | study the recharge volume conditions in the Wekiva Study Area |
| 290 | and make recommendations to implement new standards to provide |
| 291 | that postdevelopment recharge volume conditions approximate |
| 292 | predevelopment recharge volume conditions. By March 1, 2005, the |
| 293 | St. Johns River Water Management District shall initiate |
| 294 | rulemaking to implement new standards to provide that |
| 295 | postdevelopment recharge volume conditions approximate |
| 296 | predevelopment recharge volume conditions. |
| 297 | (b) By December 1, 2007, the St. Johns River Water |
| 298 | Management District shall update the minimum flows and levels |
| 299 | for Rock Springs and Wekiwa Springs. Further, the district shall |
| 300 | revise the consumptive use permit thresholds in the Wekiva Study |
| 301 | Area to address proposed water withdrawals above 50,000 gallons |
| 302 | per day. Revisions to the consumptive use thresholds shall |
| 303 | provide for a general permit, if possible, and include a |
| 304 | transition period that allows continued access to the water |
| 305 | supply for users that were not previously subject to the |
| 306 | permitting process. |
| 307 | (c) By December 1, 2005, the St. Johns River Water |
| 308 | Management District shall establish pollution load reduction |
| 309 | goals for the Wekiva Study Area to assist the Department of |
| 310 | Environmental Protection in adopting total maximum daily loads |
| 311 | for the Wekiva Study Area by December 1, 2006. |
| 312 | (4) The Department of Agriculture and Consumer Services |
| 313 | shall be the lead agency in coordinating the reduction of |
| 314 | agricultural nonpoint sources of pollution. The Department of |
| 315 | Agriculture and Consumer Services shall study, and, if |
| 316 | necessary, initiate rulemaking to implement, new or revised best |
| 317 | management practices for improving and protecting water bodies, |
| 318 | including those basins with impaired water bodies addressed by |
| 319 | the Clean Water Act's Total Maximum Daily Loads Program. |
| 320 |
|
| 321 | ================ T I T L E A M E N D M E N T ============= |
| 322 | Remove line(s) 12-44, and insert: |
| 323 | F.S.; defining the Wekiva Parkway; providing for a limited |
| 324 | access, nontoll facility connecting the Wekiva Parkway to State |
| 325 | Road 46 west of Sorrento through a system interchange; providing |
| 326 | that to the extent practicable, the guiding principles governing |
| 327 | the Wekiva Parkway construction shall be followed; specifying |
| 328 | that the Wekiva Parkway shall not replace State Road 46 in Lake |
| 329 | County; specifying general location of interchanges; requiring |
| 330 | acquisition of right-of-way prior to commencement of |
| 331 | construction; requiring the Seminole County Expressway |
| 332 | Authority, the Department of Transportation, and the Florida |
| 333 | Turnpike Enterprise to locate the parkway corridor and |
| 334 | interchanges in Seminole County consistent with the intent of |
| 335 | the act; authorizing the Department of Transportation to acquire |
| 336 | and exercise the power of eminent domain with regard to |
| 337 | identified lands; providing purposes for the acquisition of |
| 338 | certain lands; providing that title to lands acquired under s. |
| 339 | 369.316, F.S., shall vest in the state; providing for transfer |
| 340 | of certain lands not needed for the parkway to the Board of |
| 341 | Trustees of the Internal Improvement Trust Fund; providing for |
| 342 | certain uses of said lands; requiring cooperation and |
| 343 | establishment of funding responsibilities and partnerships |
| 344 | between certain land-acquisition entities; creating s. 369.318, |
| 345 | F.S.; requiring certain studies relating to water quality and |
| 346 | wastewater treatment standards to be conducted by the Department |
| 347 | of Environmental Protection, the Department of Health, and the |
| 348 | Department of Agriculture and Consumer Services; providing for |
| 349 | rulemaking; requiring a report to the Governor and the |
| 350 | Department of Community Affairs; requiring the St. Johns River |
| 351 | Water Management District to initiate rulemaking with regard to |
| 352 | recharge criteria; requiring the district to provide certain |
| 353 | information and establish certain goals with regard to Rock |
| 354 | Springs, Wekiwa Springs, and the Wekiva Study Area; |