HB 0849

CS

CHAMBER ACTION

1	The Committee on Local Government & Veterans' Affairs recommends
2	the following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to the Wekiva Study Area and the Wekiva
8	Parkway; creating pt. III of ch. 369, F.S.; creating s.
9	369.314, F.S.; providing a popular name; creating s.
10	369.315, F.S.; providing legislative findings and intent;
11	creating s. 369.316, F.S.; providing and fixing the
12	boundaries of the Wekiva Study Area; creating s. 369.317,
13	F.S.; defining the Wekiva Parkway; specifying guiding
14	principles for construction of the parkway and location of
15	interchanges; requiring acquisition of right-of-way prior
16	to commencement of construction; requiring the Seminole
17	County Expressway Authority, the Department of
18	Transportation, and the Florida Turnpike Enterprise to
19	locate the parkway corridor and interchanges in Seminole
20	County consistent with the intent of the act; authorizing
21	the Department of Transportation to acquire and exercise
22	the power of eminent domain with regard to identified
23	lands; providing purposes for the acquisition of certain
24	lands; providing that title to lands acquired under s.
25	369.316, F.S., shall vest in the state; providing for
26	transfer of certain lands not needed for the parkway to
27	the Board of Trustees of the Internal Improvement Trust
28	Fund; providing for certain uses of said lands; requiring
29	cooperation and establishment of funding responsibilities
30	and partnerships between certain land-acquisition
31	entities; providing appropriations; creating s. 369.318,
32	F.S.; requiring certain studies relating to water quality
33	and wastewater treatment standards to be conducted by the
34	Department of Environmental Protection, the Department of
35	Health, and the Department of Agriculture and Consumer
36	Services; providing for rulemaking; requiring a report to
37	the Governor and the Department of Community Affairs;
38	requiring the St. Johns River Water Management District to
39	initiate rulemaking with regard to recharge criteria;
40	requiring the district to provide certain information and
41	establish certain goals with regard to Rock Springs,
42	Wekiwa Springs, and the Wekiva Study Area; creating s.
43	369.319, F.S.; requiring local governments within the
44	Wekiva Study Area to develop a master stormwater
45	management plan and a water reuse and irrigation program;
46	creating s. 369.320, F.S.; requiring local governments in
47	specified areas to develop a wastewater facility plan;
48	creating s. 369.321, F.S.; requiring local governments to
49	amend their comprehensive plans for certain purposes and
50	specifying a date certain for implementation thereof;
51	creating s. 369.322, F.S.; providing for coordination of
52	land use and water supply within the Wekiva Study Area;
53	creating s. 369.323, F.S.; requiring the Department of
54	Community Affairs to review comprehensive plans and
55	amendments thereto for compliance; creating s. 369.324,
56	F.S.; creating the Wekiva River Basin Commission;
57	providing for membership, meetings, and duties; providing
58	that the East Central Florida Regional Planning Council,
59	in coordination with applicable regional and state
60	agencies, shall serve as a clearinghouse of baseline or
61	specialized studies; requiring a report to the Governor,
62	Legislature, and Department of Community Affairs; amending
63	s. 163.3184, F.S.; revising the definition of the term "in
64	compliance" to include the provisions of pt. III of ch.
65	369, F.S.; providing for future repeal of the act under
66	certain circumstances; providing an effective date.
67
68	WHEREAS, the Wekiva River System and its associated
69	springshed areas are of irreplaceable value to the quality of
70	life and the well-being of the people of the State of Florida,
71	and
72	WHEREAS, protection of the surface water and groundwater
73	resources, including recharge within the springshed that
74	provides for the Wekiva River System, is crucial to the long-
75	term viability of the Wekiva River and Wekiwa Springs and the
76	central Florida region's water supply, and
77	WHEREAS, construction of the Wekiva Parkway and other
78	roadway improvements to the west of the Wekiva River System will
79	add to the pressures for growth and development already
80	affecting the surface water and groundwater resources within the
81	recharge area, NOW, THEREFORE,
82
83	Be It Enacted by the Legislature of the State of Florida:
84
85	Section 1.  Part III of chapter 369, Florida Statutes,
86	consisting of sections 369.314, 369.315, 369.316, 369.317,
87	369.318, 369.319, 369.320, 369.321, 369.322, 369.323, and
88	369.324, is created to read:
89	PART III
90	WEKIVA STUDY AREA AND WEKIVA PARKWAY ACT
91	369.314  Popular name.--This act shall be known by the
92	popular name the "Wekiva Study Area and Wekiva Parkway Act."
93	369.315  Legislative findings and intent.--
94	(1)  The Legislature finds that, in general, Florida
95	springs, whether found in urban or rural settings, public parks,
96	or private lands, are threatened by actual and potential flow
97	reductions and declining water quality. As a result of climate
98	patterns and population changes, over the past 30 years many of
99	Florida's springs may have begun to exhibit signals of distress,
100	including increasing nutrient loading and lowered water flow.
101	The groundwater that feeds springs is recharged by seepage from
102	the surface and through direct conduits such as sinkholes.
103	(2)  The Legislature further finds that springs and
104	groundwater once damaged by overuse can be restored through good
105	stewardship, including effective planning strategies and best
106	management practices to preserve and protect springs and their
107	springsheds. Prudent land use planning decisions can protect and
108	improve the quality and quantity of springs and groundwater, as
109	well as the upland resources of springsheds. Managing land use
110	types and the allowable density and intensity of areas of
111	development, followed by specific site planning to further
112	minimize impacts, is an important goal.
113	(3)  It is the intent of the Legislature that the
114	recommendations of the Wekiva River Basin Coordinating Committee
115	as stated in its final report dated March 16, 2004, be taken and
116	implemented to achieve the objective of improving and ensuring
117	protection of surface water and groundwater resources.
118	Coordination of local comprehensive plans and the regional water
119	supply plan is important for protection of water resources and
120	to promote the continuity of effective planning and development.
121	(4)  It is not the intent of the Legislature to place an
122	undue burden on local governments within the Wekiva Study Area.
123	369.316  Wekiva Study Area.--The Wekiva Study Area shall
124	consist of a portion of Lake, Orange, and Seminole Counties,
125	Florida, being more particularly described as follows:
126
127	Begin at the northwest corner of Section 6, Township
128	18 South, Range 28 East, Lake County, Florida, said
129	corner lying on the north line of Township 18 South;
130	thence Easterly along said north line of Township 18
131	South to the northeast corner of Section 5, Township
132	18 South, Range 29 East; thence Southerly along the
133	east line of said Section 5 to the northeast corner of
134	Section 8, Township 18 South, Range 29 East; thence
135	Southerly along the east line of said Section 8 to the
136	northeast corner of Section 17, Township 18 South,
137	Range 29 East; thence Southerly along the east line of
138	said Section 17 to the northeast corner of Section 20,
139	Township 18 South, Range 29 East; thence Southerly
140	along the east line of said Section 20 to the
141	northeast corner of Section 29, Township 18 South,
142	Range 29 East; thence Southerly along the east line of
143	said Section 29 to the northeast corner of Section 32,
144	Township 18 South, Range 29 East; thence Southerly
145	along the east line of said Section 32 to the
146	southeast corner thereof, said corner lying on the
147	south line of Township 18 South; thence Easterly along
148	the south line of said Township 18 South to an
149	intersection with the east line of Range 29 East;
150	thence Southerly along the east line of said Range 29
151	East to the southeast corner of Section 24, Township
152	21 South, Range 29 East; thence Westerly along the
153	south line of said Section 24 to the southeast corner
154	of Section 23, Township 21 South, Range 29 East;
155	thence Westerly along the south line of said Section
156	23 to an intersection with the centerline of
157	Interstate Highway No. 4; thence generally Southerly
158	along the centerline of Interstate Highway No. 4 to an
159	intersection with the south line of Section 13,
160	Township 22 South, Range 29 East; thence Westerly
161	along the south line of said Section 13 to the
162	southeast corner of Section 14, Township 22 South,
163	Range 29 East; thence Westerly along the south line of
164	said Section 14 to the southeast corner of Section 15,
165	Township 22 South, Range 29 East; thence Westerly
166	along the south line of said Section 15 to the
167	northeast corner of Section 21, Township 22 South,
168	Range 29 East; thence Southerly along the east line of
169	said Section 21 to an intersection with the centerline
170	of State Road No. 50; thence Westerly along the
171	centerline of said State Road No. 50 to the northeast
172	corner of Section 30, Township 22 South, Range 28
173	East; thence Southerly along the east line of said
174	Section 30 to the northeast corner of Section 31,
175	Township 22 South, Range 28 East; thence Southerly
176	along the east line of said Section 31 to the
177	southeast corner thereof, said corner lying on the
178	south line of Township 22 South; thence Westerly along
179	said south line of Township 22 South to the northeast
180	corner of Section 2, Township 23 South, Range 27 East;
181	thence Southerly along the east line of said Section 2
182	to the northeast corner of Section 11, Township 23
183	South, Range 27 East; thence Southerly along the east
184	line of said Section 11 to the southeast corner
185	thereof; thence Westerly along the south line of said
186	Section 11 to the southeast corner of Section 10,
187	Township 23 South, Range 27 East; thence Westerly
188	along the south line of said Section 10 to the
189	southeast corner of Section 9, Township 23 South,
190	Range 27 East; thence Westerly along the south line of
191	said Section 9 to the southeast corner of Section 8,
192	Township 23 South, Range 27 East; thence Westerly
193	along the south line of said Section 8 to the
194	southeast corner of Section 7, Township 23 South,
195	Range 27 East; thence Westerly along the south line of
196	said Section 7 to the southwest corner thereof, said
197	corner lying on the line of demarcation between Orange
198	County and Lake County; thence generally Northerly and
199	along said county line to the northeast corner of
200	Section 12, Township 20 South, Range 26 East,
201	said corner lying on the east line of Range 26 East;
202	thence generally Northerly and along said east line of
203	Range 26 East to the southeast corner of Section 24,
204	Township 19 South, Range 26 East; thence Westerly
205	along the south line of said Section 24 to the
206	southeast corner of Section 23, Township 19 South,
207	Range 26 East; thence Westerly along the south line of
208	said Section 23 to the southwest corner thereof;
209	thence Northerly along the west line of said Section
210	23 to the southwest corner of Section 14, Township 19
211	South, Range 26 East; thence Northerly along the west
212	line of said Section 14 to the southwest corner of
213	Section 11, Township 19 South, Range 26 East; thence
214	generally Northeasterly to the southwest corner of
215	Section 1, Township 19 South, Range 26 East; thence
216	generally Northeasterly to the southwest corner of
217	Section 31, Township 18 South, Range 27 East; thence
218	generally Northeasterly to the southwest corner of
219	Section 29, Township 18 South, Range 27 East; thence
220	generally Northeasterly to the northwest corner of
221	Section 28, Township 18 South, Range 27 East; thence
222	Easterly along the north line of said Section 28 to
223	the northwest corner of Section 27, Township 18 South,
224	Range 27 East; thence Easterly along the north line of
225	said Section 27 to the northwest corner of Section 26,
226	Township 18 South, Range 27 East; thence Easterly
227	along the north line of said Section 26 to the
228	northwest corner of Section 25, Township 18 South,
229	Range 27 East; thence Easterly along the north line of
230	said Section 25 to an intersection with the west line
231	of Range 28 East; thence Northerly along the west line
232	of said Range 28 East to the northwest corner of
233	Section 6, Township 18 South, Range 28 East, and the
234	Point of Beginning.
235
236	369.317  Wekiva Parkway.--
237	(1)  The "Wekiva Parkway" means a limited access highway or
238	expressway constructed between State Road 429 and Interstate 4
239	or State Road 417 specifically incorporating the corridor
240	alignment recommended by Recommendation 2 of the Wekiva River
241	Basin Area Task Force final report dated January 15, 2003.
242	(2)  The following guiding principles shall be used for the
243	Wekiva Parkway design and construction:
244	(a)  The expressway shall be a limited access expressway
245	with few interchanges and will not replace State Road 46 in Lake
246	County.
247	(b)  Appropriate natural buffers shall be provided between
248	roadways and adjacent areas.
249	(c)  The most current, environmentally sound, and practical
250	road construction techniques shall be used throughout
251	strategically important wetlands.
252	(d)  Wildlife corridors with barriers to direct wildlife to
253	safe crossing points shall be provided.
254	(e)  Stormwater treatment facilities shall minimize habitat
255	loss and promote restoration of impacted sites and ensure
256	capture and treatment of runoff from bridges over Outstanding
257	Florida Waters to meet Outstanding Florida Waters standards.
258	(f)  Opportunities to view, understand, and access the
259	environmental uniqueness of the Wekiva River ecosystem shall be
260	provided where practical.
261	(g)  Nonintrusive and minimal roadway and bridge lighting
262	in the Wekiva River Protection Area shall be provided to support
263	the conservation of dark skies in the Wekiva River Basin area.
264	(h)  Safety and access design features shall be
265	incorporated to promote the continuation of prescribed burning
266	in the Wekiva River Basin area.
267	(3)  The number of interchanges located along the Wekiva
268	Parkway shall not exceed five and shall be located as follows:
269	(a)  State Road 429 south of U.S. Highway 441.
270	(b)  U.S. Highway 441.
271	(c)  Between U.S. Highway 441 and State Road 46.
272	(d)  State Road 46.
273	(e)  Interstate 4 or State Road 417.
274	(4)  The construction of the Wekiva Parkway or State Road
275	429 north of U.S. Highway 441 shall not commence until the
276	right-of-way for the Wekiva Parkway is acquired from State Road
277	46 in Lake County to Interstate 4 or State Road 417 in Seminole
278	County.
279	(5)  In Seminole County, the Seminole County Expressway
280	Authority, the Department of Transportation, and the Florida
281	Turnpike Enterprise shall locate the precise corridor and
282	interchanges for the Wekiva Parkway consistent with the
283	legislative intent expressed in this act.
284	(6)  The Department of Transportation is specifically
285	granted the authority to acquire and to exercise the power of
286	eminent domain to condemn all necessary lands, property, and all
287	interests in property identified herein, including fee-simple or
288	less-than-fee-simple interests, including, but not limited to,
289	all rights and interests set forth in s. 337.27(1). The lands
290	subject to this authority are identified in paragraph 10.a.,
291	State of Florida, Office of the Governor, Executive Order 03-112
292	of July 1, 2003, and in Task Force Recommendation 16 of the
293	Wekiva River Basin Area Task Force created by Executive Order
294	2002-259, such lands otherwise known as Neighborhood Lakes, a
295	1,587 +/- acre parcel located in Orange and Lake Counties within
296	Sections 27, 28, 33 and 34 of Township 19 South, Range 28 East,
297	and Sections 3, 4, 5 and 9 of Township 20 South, Range 28 East;
298	Seminole Woods/Swamp, a 5,353.2 +/- acre parcel located in Lake
299	County within Section 37, Township 19 South, Range 28 East; New
300	Garden Coal, a 1,605 +/- acre parcel in Lake County within
301	Sections 23, 25, 26, 35 and 36, Township 19 South, Range 28
302	East; Pine Plantation, a 617 +/- acre tract consisting of eight
303	(8) individual parcels within the Apopka City limits. The
304	Department of Transportation shall act as the lead agency in the
305	acquisition of these properties, and the Department of
306	Environmental Protection, the Department of Community Affairs,
307	the St. John's River Water Management District, the Orlando-
308	Orange County Expressway Authority, and other land-acquisition
309	entities shall participate and cooperate in providing
310	information and support to the lead agency.
311	(a)  Acquisition of the lands described in this section is
312	required to provide right-of-way for the Wekiva Parkway, a
313	limited access roadway linking State Road 429 to Interstate 4 or
314	State Road 417, an essential component in meeting regional
315	transportation needs to provide regional connectivity, improve
316	safety, accommodate projected population and economic growth,
317	and satisfy critical transportation requirements caused by
318	growth in traffic volume and increased travel demands.
319	(b)  Acquisition of the lands described in this section is
320	also required to protect the surface water and groundwater
321	resources of Lake, Orange, and Seminole Counties, otherwise
322	known as the Wekiva Study Area, including recharge within the
323	springshed that provides for the Wekiva River system. Protection
324	of this area is crucial to the long-term viability of the Wekiva
325	River and Wekiwa Springs and the central Florida region's water
326	supply. Acquisition of the lands described in s. 369.316 is also
327	necessary to alleviate pressure for growth and development which
328	could possibly affect the surface water and groundwater
329	resources within the recharge area.
330	(c)  Title to all lands acquired under this section shall
331	vest in the state.
332	(d)  Acquisition by the Department of Transportation of the
333	lands described in s. 369.316 that are not needed for the Wekiva
334	Parkway shall be transferred to the Board of Trustees of the
335	Internal Improvement Trust Fund for management as conservation
336	lands pursuant to ss. 253.034 and 259.032. However, the
337	Department of Transportation is authorized to utilize such lands
338	acquired with its own funds, or with acquisition services
339	provided at its cost, on a pro rata basis to the total acreage
340	acquired, as mitigation credits for potential future impacts
341	associated with the Wekiva Parkway or other regionally
342	significant roadways. With the exception of the transportation
343	use for the Wekiva Parkway, uses of the property acquired shall
344	be limited to traditional conservation uses appropriate for land
345	acquisition for the Florida Forever program as created by s.
346	259.105.
347	(7)  The Department of Transportation, the Department of
348	Environmental Protection, the St. Johns River Water Management
349	District, the Orlando-Orange County Expressway Authority, and
350	other land-acquisition entities shall cooperate and establish
351	funding responsibilities and partnerships by agreement to the
352	extent funds are available to the various entities. The
353	Department of Transportation shall acquire land in accordance
354	with this section to the extent funds are available from the
355	various funding partners but shall not be required nor assumed
356	to fund the land acquisition beyond the agreement and funding
357	provided by the various land-acquisition entities.
358	(8)  For fiscal year 2004-2005, there is appropriated to
359	the Department of Community Affairs the sum of $7,750,000 from
360	the General Revenue Fund to fund the cost to impacted cities of
361	comprehensive land use amendments, and $4,000,000 to the
362	Department of Environmental Protection for the implementation of
363	wastewater collection facilities for the residential communities
364	in Seminole County on Wekiva Park Drive and in the Wekiva River
365	Oaks subdivision, and in Lake County in the residential
366	community known as Wekiva Falls east of and on Wekiva River
367	Road.
368	369.318  Studies; rulemaking.--
369	(1)  The Department of Environmental Protection shall study
370	the efficacy and applicability of water quality and wastewater
371	treatment standards needed to achieve nitrogen reductions
372	protective of water quality within the Wekiva Study Area and
373	report to the Governor and the Department of Community Affairs
374	no later than December 1, 2004. Based on the December 2004
375	report, the Department of Environmental Protection shall, by
376	March 1, 2005, initiate rulemaking to achieve nitrogen
377	reductions protective of water quality or recommend legislation
378	that grants any additional statutory authority needed to
379	implement the report recommendations.
380	(2)  The Department of Health, in coordination with the
381	Department of Environmental Protection, shall study the efficacy
382	and applicability of onsite disposal system standards needed to
383	achieve nitrogen reductions protective of water quality within
384	the Wekiva Study Area and report to the Governor and the
385	Department of Community Affairs no later than December 1, 2004.
386	Based on the December 2004 report, the Department of Health
387	shall, by March 1, 2005, initiate rulemaking to achieve nitrogen
388	reductions protective of water quality or recommend legislation
389	that grants any additional statutory authority needed to
390	implement the report recommendations. The study shall consider:
391	(a)  For new developments and any existing development
392	within the Wekiva River Protection Area using onsite disposal
393	systems, a more stringent level of wastewater treatment,
394	including the use of multiple tanks to combine aerobic and
395	anaerobic treatment to reduce the level of nitrates.
396	(b)  The implementation of a septic tank maintenance and
397	inspection program that includes upgrading certain onsite
398	disposal systems permitted prior to 1982 to meet minimum
399	Department of Health standards, replacement of failing systems
400	and systems not meeting current standards, and providing funding
401	mechanisms for supporting a septic tank inspection and
402	maintenance program.
403	(3)(a)  The St. Johns River Water Management District shall
404	initiate rulemaking to apply the recharge criteria set forth in
405	Rule 40C-41.063(3), Florida Administrative Code, to the most
406	effective recharge areas within the Wekiva Study Area. In
407	addition, the St. Johns River Water Management District shall,
408	in conjunction with the Department of Environmental Protection,
409	study the recharge volume conditions in the Wekiva Study Area
410	and make recommendations to implement new standards to provide
411	that postdevelopment recharge volume conditions approximate
412	predevelopment recharge volume conditions. By March 1, 2005, the
413	St. Johns River Water Management District shall initiate
414	rulemaking to implement new standards to provide that
415	postdevelopment recharge volume conditions approximate
416	predevelopment recharge volume conditions.
417	(b)  By December 1, 2007, the St. Johns River Water
418	Management District shall update the minimum flows and levels
419	for Rock Springs and Wekiwa Springs. Further, the district shall
420	revise the consumptive use permit thresholds in the Wekiva Study
421	Area to address proposed water withdrawals above 50,000 gallons
422	per day. Revisions to the consumptive use thresholds shall
423	provide for a general permit, if possible, and include a
424	transition period that allows continued access to the water
425	supply for users that were not previously subject to the
426	permitting process.
427	(c)  By December 1, 2005, the St. Johns River Water
428	Management District shall establish pollution load reduction
429	goals for the Wekiva Study Area to assist the Department of
430	Environmental Protection in adopting total maximum daily loads
431	for the Wekiva Study Area by December 1, 2006.
432	(4)  The Department of Agriculture and Consumer Services
433	shall be the lead agency in coordinating the reduction of
434	agricultural nonpoint sources of pollution. The Department of
435	Agriculture and Consumer Services shall study, and, if
436	necessary, initiate rulemaking to implement, new or revised best
437	management practices for improving and protecting water bodies,
438	including those basins with impaired water bodies addressed by
439	the Clean Water Act's Total Maximum Daily Loads Program.
440	369.319  Master stormwater management plan.--Each local
441	government within the Wekiva Study Area shall develop a master
442	stormwater management plan that assesses existing problems and
443	deficiencies in the community, identifies projects to meet long-
444	range needs, establishes priorities to address existing
445	deficiencies, establishes measures to address redevelopment,
446	establishes a schedule to complete needed improvements,
447	evaluates the feasibility of stormwater reuse, and includes
448	requirements for inspection and maintenance of facilities. The
449	plan shall also identify a funding source, such as a stormwater
450	utility fee, to fund implementation of the plan and maintenance
451	program. In addition, the local government shall establish a
452	water reuse and irrigation program that allows for reuse of
453	stormwater to minimize pumpage of groundwater for nonpotable
454	usage.
455	369.320  Wastewater facility plan.--Within joint planning
456	areas and utility service areas where central wastewater systems
457	are not readily available, local governments shall develop a
458	wastewater facility plan. The facility plan shall include the
459	delineation of areas within the utility service area that are to
460	be served by central facilities within 5 years, a financially
461	feasible schedule of improvements, an infrastructure work plan
462	to build the facilities needed to implement the facility plan,
463	including those needed to meet enhanced treatment standards
464	adopted by the Department of Environmental Protection, and a
465	phase-out of existing onsite septic tank systems where central
466	facilities are available. The facility plan shall also include a
467	long-range component that addresses service of the joint
468	planning area or utility service area. In addition, local
469	governments shall establish a water reuse program that allows
470	for reuse of reclaimed water to minimize pumpage of groundwater
471	for nonpotable usage. For those basins in which the Clean Water
472	Act's Total Maximum Daily Loads Program requires reductions in
473	point source pollutants or as required by legislation for
474	enhanced treatment standards, local governments shall update
475	their wastewater facility plans.
476	369.321  Comprehensive plan amendments.--
477	(1)  By January 1, 2006, each local government within the
478	Wekiva Study Area shall amend its local government comprehensive
479	plan, including the capital improvements element, to include the
480	following:
481	(a)  An interchange land use plan for local governments
482	within the boundaries of which an interchange is planned to be
483	located. Each interchange land use plan shall address
484	appropriate land uses and compatibility, secondary road access,
485	access management, right-of-way protection, vegetation
486	protection and water-conserving landscaping, and the height and
487	appearance of structures and signage.
488	(b)  The appropriate elements to ensure implementation of a
489	master stormwater management plan.
490	(c)  The appropriate elements to ensure implementation of a
491	wastewater facility plan.
492	(d)  Land use strategies that optimize open space and
493	promote a pattern of development on a jurisdiction-wide basis
494	that protects the most effective recharge areas, karst features,
495	and sensitive natural habitats, including Sand Hill Scrub, Sand
496	Pine Scrub, and Xeric Oak Scrub. Such strategies shall recognize
497	property rights and the varying circumstances within the Wekiva
498	Study Area, including rural and urban land use patterns. Local
499	comprehensive plans shall map, using the best available data
500	from the St. Johns River Water Management District and the
501	Florida Fish and Wildlife Conservation Commission, the most
502	effective recharge areas and sensitive upland habitats for this
503	purpose. Land use strategies that optimize open space may
504	include, but are not limited to:
505	1.  Coordinated greenway plans.
506	2.  Dedication of conservation easements.
507	3.  Land acquisition.
508	4.  Clustering of development.
509	5.  Density credits and density incentives that result in
510	permanent protection of open space.
511	6.  An up-to-date 10-year water supply facility work plan
512	for building potable water facilities necessary to serve
513	existing and new developments and for which the local government
514	is responsible.
515	(2)  Land use strategies adopted under this section should
516	encourage the use of planned development initiatives and
517	encourage economically sustainable growth.
518	(3)  Comprehensive plans and comprehensive plan amendments
519	adopted by local governments to implement this section shall be
520	reviewed by the Department of Community Affairs pursuant to s.
521	163.3184 and shall be exempt from the provisions of s.
522	163.3187(1).
523	(4)  By January 1, 2007, each local government located
524	within the Wekiva Study Area shall adopt land development
525	regulations to implement the comprehensive plan amendments
526	required by this section.
527	(5)  During the period prior to the adoption of the
528	comprehensive plan amendments required by this act, any local
529	comprehensive plan amendment adopted by a city or county that
530	applies to land located within the Wekiva Study Area shall
531	protect surface water and groundwater resources and be reviewed
532	by the Department of Community Affairs, pursuant to Rule 9J-5,
533	Florida Administrative Code, using the best available data,
534	including the information presented to the Wekiva River Basin
535	Coordinating Committee.
536	369.322  Coordination of land use and water supply within
537	the Wekiva Study Area.--
538	(1)  In their review of local government comprehensive plan
539	amendments for property located within the Wekiva Study Area
540	pursuant to s. 163.3184, the Department of Community Affairs and
541	the St. Johns River Water Management District shall ensure that
542	amendments that increase development potential demonstrate that
543	adequate potable water consumptive use permit capacity is
544	available.
545	(2)  Local governments located within the Wekiva Study Area
546	shall coordinate with the St. Johns River Water Management
547	District and other public and private utilities, on a countywide
548	or multi-countywide basis, to implement cooperative solutions
549	for development of alternative water sources necessary to
550	supplement groundwater supplies consistent with the St. Johns
551	River Water Management District Regional Water Supply Plan.
552	369.323  Compliance.--Comprehensive plans and comprehensive plan
553	amendments adopted by the local governments shall be reviewed
554	for compliance by the Department of Community Affairs.
555	369.324  Wekiva River Basin Commission.--
556	(1)  The Wekiva River Basin Commission is created to
557	monitor and ensure the implementation of state, regional, and
558	local efforts with regard to the recommendations of the Wekiva
559	River Basin Coordinating Committee for the Wekiva Study Area.
560	The East Central Florida Regional Planning Council shall provide
561	staff support to the commission, and the Department of Community
562	Affairs shall provide funding assistance. The commission shall
563	be composed of a total of 19 members appointed by the Governor,
564	9 of whom shall be voting members and 10 of whom shall be ad hoc
565	nonvoting members.
566	(a)  The voting members shall include:
567	1.  One member of each of the Boards of County
568	Commissioners for Lake, Orange, and Seminole Counties.
569	2.  One municipal elected official to serve as a
570	representative of the municipalities located within the study
571	area of Lake County.
572	3.  One municipal elected official to serve as a
573	representative of the municipalities located within the study
574	area of Orange County.
575	4.  One municipal elected official to serve as a
576	representative of the municipalities located within the study
577	area of Seminole County.
578	5.  One citizen representing an environmental organization,
579	a conservation organization, or an agricultural entity, one
580	citizen representing a local property owner, and one at-large
581	citizen who shall serve as chair of the council.
582	(b)  The ad hoc nonvoting members shall include one
583	representative from each of the following entities:
584	1.  St. Johns River Water Management District.
585	2.  Department of Community Affairs.
586	3.  Department of Environmental Protection.
587	4.  Department of Health.
588	5.  Department of Agriculture and Consumer Services.
589	6.  Florida Fish and Wildlife Conservation Commission.
590	7.  Department of Transportation.
591	8.  MetroPlan Orlando.
592	9.  Orlando-Orange County Expressway Authority.
593	10.  Seminole County Expressway Authority.
594	(2)  Voting members shall serve 3-year, staggered terms and
595	shall serve without compensation but shall serve at the expense
596	of the entity they represent.
597	(3)  Meetings of the commission shall be held in Lake
598	County, Orange County, or Seminole County at the call of the
599	chair; however, the commission shall meet at least twice a year.
600	(4)  To assist the commission in its mission, the East
601	Central Florida Regional Planning Council, in coordination with
602	the applicable regional and state agencies, shall serve as a
603	clearinghouse of baseline or specialized studies through
604	modeling and simulation, including collecting and disseminating
605	data on the demographics, economics, and environment of the
606	Wekiva Study Area including the changing conditions of the
607	Wekiva River surface water and groundwater basin and associated
608	influence on the Wekiva River and Wekiwa Springs.
609	(5)  The commission shall report annually, no later than
610	December 31, to the Governor, the President of the Senate, the
611	Speaker of the House of Representatives, and the Department of
612	Community Affairs on the progress of the implementation of the
613	recommendations of the Wekiva River Basin Coordinating
614	Committee.
615	Section 2.  Paragraph (b) of subsection (1) of section
616	163.3184, Florida Statutes, is amended to read:
617	163.3184 Process for adoption of comprehensive plan or plan
618	amendment.--
619	(1)  DEFINITIONS.--As used in this section, the term:
620	(b)  "In compliance" means consistent with the requirements
621	of ss. 163.3177, 163.31776, when a local government adopts an
622	educational facilities element, 163.3178, 163.3180, 163.3191,
623	and 163.3245, with the state comprehensive plan, with the
624	appropriate strategic regional policy plan, and with chapter 9J-
625	5, Florida Administrative Code, where such rule is not
626	inconsistent with this part and with the principles for guiding
627	development in designated areas of critical state concern, and
628	with part III of chapter 369 where applicable.
629	Section 3.  This act shall be repealed July 1, 2009, unless
630	the purchase of the right-of-way for the Wekiva Parkway has been
631	completed.
632	Section 4.  This act shall take effect upon becoming a law.

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