HB 0849

CS

CHAMBER ACTION

1	The Committee on Natural Resources recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the Wekiva Study Area and the Wekiva
7	Parkway; creating pt. III of ch. 369, F.S.; creating s.
8	369.314, F.S.; providing a popular name; creating s.
9	369.315, F.S.; providing legislative findings and intent;
10	creating s. 369.316, F.S.; providing and fixing the
11	boundaries of the Wekiva Study Area; creating s. 369.317,
12	F.S.; defining the Wekiva Parkway; specifying guiding
13	principles for construction of the parkway and location of
14	interchanges; requiring acquisition of right-of-way prior
15	to commencement of construction; requiring the Seminole
16	County Expressway Authority, the Department of
17	Transportation, and the Florida Turnpike Enterprise to
18	locate the parkway corridor and interchanges in Seminole
19	County consistent with the intent of the act; authorizing
20	the Department of Transportation to acquire and exercise
21	the power of eminent domain with regard to identified
22	lands; providing purposes for the acquisition of certain
23	lands; providing that title to lands acquired under s.
24	369.316, F.S., shall vest in the state; providing for
25	transfer of certain lands not needed for the parkway to
26	the Board of Trustees of the Internal Improvement Trust
27	Fund; providing for certain uses of said lands; requiring
28	cooperation and establishment of funding responsibilities
29	and partnerships between certain land-acquisition
30	entities; providing appropriations; creating s. 369.318,
31	F.S.; requiring certain studies relating to water quality
32	and wastewater treatment standards to be conducted by the
33	Department of Environmental Protection, the Department of
34	Health, and the Department of Agriculture and Consumer
35	Services; providing for rulemaking; requiring a report to
36	the Governor and the Department of Community Affairs;
37	requiring the St. Johns River Water Management District to
38	initiate rulemaking with regard to recharge criteria;
39	requiring the district to provide certain information and
40	establish certain goals with regard to Rock Springs,
41	Wekiwa Springs, and the Wekiva Study Area; creating s.
42	369.319, F.S.; requiring local governments within the
43	Wekiva Study Area to develop a master stormwater
44	management plan and a water reuse and irrigation program;
45	creating s. 369.320, F.S.; requiring local governments in
46	specified areas to develop a wastewater facility plan;
47	creating s. 369.321, F.S.; requiring local governments to
48	amend their comprehensive plans for certain purposes and
49	specifying a date certain for implementation thereof;
50	creating s. 369.322, F.S.; providing for coordination of
51	land use and water supply within the Wekiva Study Area;
52	creating s. 369.323, F.S.; requiring the Department of
53	Community Affairs to review comprehensive plans and
54	amendments thereto for compliance; creating s. 369.324,
55	F.S.; creating the Wekiva River Basin Commission;
56	providing for membership, meetings, and duties; providing
57	that the East Central Florida Regional Planning Council,
58	in coordination with applicable regional and state
59	agencies, shall serve as a clearinghouse of baseline or
60	specialized studies; requiring a report to the Governor,
61	Legislature, and Department of Community Affairs; amending
62	s. 163.3184, F.S.; revising the definition of the term "in
63	compliance" to include the provisions of pt. III of ch.
64	369, F.S.; establishing a New Garden Coal mitigation bank;
65	providing legislative findings with respect thereto;
66	requiring certain lands to be included in the mitigation
67	service area; requiring the St. Johns River Water
68	Management District to make determinations regarding
69	permit applications for the establishment of the
70	mitigation bank; providing for future repeal of the act
71	under certain circumstances; providing an effective date.
72
73	WHEREAS, the Wekiva River System and its associated
74	springshed areas are of irreplaceable value to the quality of
75	life and the well-being of the people of the State of Florida,
76	and
77	WHEREAS, protection of the surface water and groundwater
78	resources, including recharge within the springshed that
79	provides for the Wekiva River System, is crucial to the long-
80	term viability of the Wekiva River and Wekiwa Springs and the
81	central Florida region's water supply, and
82	WHEREAS, construction of the Wekiva Parkway and other
83	roadway improvements to the west of the Wekiva River System will
84	add to the pressures for growth and development already
85	affecting the surface water and groundwater resources within the
86	recharge area, NOW, THEREFORE,
87
88	Be It Enacted by the Legislature of the State of Florida:
89
90	Section 1.  Part III of chapter 369, Florida Statutes,
91	consisting of sections 369.314, 369.315, 369.316, 369.317,
92	369.318, 369.319, 369.320, 369.321, 369.322, 369.323, and
93	369.324, Florida Statutes, is created to read:
94	PART III
95	WEKIVA STUDY AREA AND WEKIVA PARKWAY ACT
96	369.314  Popular name.--This act may be known by the
97	popular name the "Wekiva Study Area and Wekiva Parkway Act."
98	369.315  Legislative findings and intent.--
99	(1)  The Legislature finds that, in general, Florida
100	springs, whether found in urban or rural settings, public parks,
101	or private lands, are threatened by actual and potential flow
102	reductions and declining water quality. As a result of climate
103	patterns and population changes, over the past 30 years many of
104	Florida's springs may have begun to exhibit signals of distress,
105	including increasing nutrient loading and lowered water flow.
106	The groundwater that feeds springs is recharged by seepage from
107	the surface and through direct conduits such as sinkholes.
108	(2)  The Legislature further finds that springs and
109	groundwater once damaged by overuse can be restored through good
110	stewardship, including effective planning strategies and best
111	management practices to preserve and protect springs and their
112	springsheds. Prudent land use planning decisions can protect and
113	improve the quality and quantity of springs and groundwater, as
114	well as the upland resources of springsheds. Managing land use
115	types and the allowable density and intensity of areas of
116	development, followed by specific site planning to further
117	minimize impacts, is an important goal.
118	(3)  It is the intent of the Legislature that the
119	recommendations of the Wekiva River Basin Coordinating Committee
120	as stated in its final report dated March 16, 2004, be taken and
121	implemented to achieve the objective of improving and ensuring
122	protection of surface water and groundwater resources.
123	Coordination of local comprehensive plans and the regional water
124	supply plan is important for protection of water resources and
125	to promote the continuity of effective planning and development.
126	(4)  It is not the intent of the Legislature to place an
127	undue burden on local governments within the Wekiva Study Area.
128	369.316  Wekiva Study Area.--The Wekiva Study Area shall
129	consist of a portion of Lake, Orange, and Seminole Counties,
130	Florida, being more particularly described as follows:
131
132	Begin at the northwest corner of Section 6, Township
133	18 South, Range 28 East, Lake County, Florida, said
134	corner lying on the north line of Township 18 South;
135	thence Easterly along said north line of Township 18
136	South to the northeast corner of Section 5, Township
137	18 South, Range 29 East; thence Southerly along the
138	east line of said Section 5 to the northeast corner of
139	Section 8, Township 18 South, Range 29 East; thence
140	Southerly along the east line of said Section 8 to the
141	northeast corner of Section 17, Township 18 South,
142	Range 29 East; thence Southerly along the east line of
143	said Section 17 to the northeast corner of Section 20,
144	Township 18 South, Range 29 East; thence Southerly
145	along the east line of said Section 20 to the
146	northeast corner of Section 29, Township 18 South,
147	Range 29 East; thence Southerly along the east line of
148	said Section 29 to the northeast corner of Section 32,
149	Township 18 South, Range 29 East; thence Southerly
150	along the east line of said Section 32 to the
151	southeast corner thereof, said corner lying on the
152	south line of Township 18 South; thence Easterly along
153	the south line of said Township 18 South to an
154	intersection with the east line of Range 29 East;
155	thence Southerly along the east line of said Range 29
156	East to the southeast corner of Section 24, Township
157	21 South, Range 29 East; thence Westerly along the
158	south line of said Section 24 to the southeast corner
159	of Section 23, Township 21 South, Range 29 East;
160	thence Westerly along the south line of said Section
161	23 to an intersection with the centerline of
162	Interstate Highway No. 4; thence generally Southerly
163	along the centerline of Interstate Highway No. 4 to an
164	intersection with the south line of Section 13,
165	Township 22 South, Range 29 East; thence Westerly
166	along the south line of said Section 13 to the
167	southeast corner of Section 14, Township 22 South,
168	Range 29 East; thence Westerly along the south line of
169	said Section 14 to the southeast corner of Section 15,
170	Township 22 South, Range 29 East; thence Westerly
171	along the south line of said Section 15 to the
172	northeast corner of Section 21, Township 22 South,
173	Range 29 East; thence Southerly along the east line of
174	said Section 21 to an intersection with the centerline
175	of State Road No. 50; thence Westerly along the
176	centerline of said State Road No. 50 to the northeast
177	corner of Section 30, Township 22 South, Range 28
178	East; thence Southerly along the east line of said
179	Section 30 to the northeast corner of Section 31,
180	Township 22 South, Range 28 East; thence Southerly
181	along the east line of said Section 31 to the
182	southeast corner thereof, said corner lying on the
183	south line of Township 22 South; thence Westerly along
184	said south line of Township 22 South to the northeast
185	corner of Section 2, Township 23 South, Range 27 East;
186	thence Southerly along the east line of said Section 2
187	to the northeast corner of Section 11, Township 23
188	South, Range 27 East; thence Southerly along the east
189	line of said Section 11 to the southeast corner
190	thereof; thence Westerly along the south line of said
191	Section 11 to the southeast corner of Section 10,
192	Township 23 South, Range 27 East; thence Westerly
193	along the south line of said Section 10 to the
194	southeast corner of Section 9, Township 23 South,
195	Range 27 East; thence Westerly along the south line of
196	said Section 9 to the southeast corner of Section 8,
197	Township 23 South, Range 27 East; thence Westerly
198	along the south line of said Section 8 to the
199	southeast corner of Section 7, Township 23 South,
200	Range 27 East; thence Westerly along the south line of
201	said Section 7 to the southwest corner thereof, said
202	corner lying on the line of demarcation between Orange
203	County and Lake County; thence generally Northerly and
204	along said county line to the northeast corner of
205	Section 12, Township 20 South, Range 26 East,
206	said corner lying on the east line of Range 26 East;
207	thence generally Northerly and along said east line of
208	Range 26 East to the southeast corner of Section 24,
209	Township 19 South, Range 26 East; thence Westerly
210	along the south line of said Section 24 to the
211	southeast corner of Section 23, Township 19 South,
212	Range 26 East; thence Westerly along the south line of
213	said Section 23 to the southwest corner thereof;
214	thence Northerly along the west line of said Section
215	23 to the southwest corner of Section 14, Township 19
216	South, Range 26 East; thence Northerly along the west
217	line of said Section 14 to the southwest corner of
218	Section 11, Township 19 South, Range 26 East; thence
219	generally Northeasterly to the southwest corner of
220	Section 1, Township 19 South, Range 26 East; thence
221	generally Northeasterly to the southwest corner of
222	Section 31, Township 18 South, Range 27 East; thence
223	generally Northeasterly to the southwest corner of
224	Section 29, Township 18 South, Range 27 East; thence
225	generally Northeasterly to the northwest corner of
226	Section 28, Township 18 South, Range 27 East; thence
227	Easterly along the north line of said Section 28 to
228	the northwest corner of Section 27, Township 18 South,
229	Range 27 East; thence Easterly along the north line of
230	said Section 27 to the northwest corner of Section 26,
231	Township 18 South, Range 27 East; thence Easterly
232	along the north line of said Section 26 to the
233	northwest corner of Section 25, Township 18 South,
234	Range 27 East; thence Easterly along the north line of
235	said Section 25 to an intersection with the west line
236	of Range 28 East; thence Northerly along the west line
237	of said Range 28 East to the northwest corner of
238	Section 6, Township 18 South, Range 28 East, and the
239	Point of Beginning.
240
241	369.317  Wekiva Parkway.--
242	(1)  The "Wekiva Parkway" means a limited access highway or
243	expressway constructed between State Road 429 and Interstate 4
244	or State Road 417 specifically incorporating the corridor
245	alignment recommended by Recommendation 2 of the Wekiva River
246	Basin Area Task Force final report dated January 15, 2003.
247	(2)  The following guiding principles shall be used for the
248	Wekiva Parkway design and construction:
249	(a)  The expressway shall be a limited access expressway
250	with few interchanges and will not replace State Road 46 in Lake
251	County.
252	(b)  Appropriate natural buffers shall be provided between
253	roadways and adjacent areas.
254	(c)  The most current, environmentally sound, and practical
255	road construction techniques shall be used throughout
256	strategically important wetlands.
257	(d)  Wildlife corridors with barriers to direct wildlife to
258	safe crossing points shall be provided.
259	(e)  Stormwater treatment facilities shall minimize habitat
260	loss and promote restoration of impacted sites and ensure
261	capture and treatment of runoff from bridges over Outstanding
262	Florida Waters to meet Outstanding Florida Waters standards.
263	(f)  Opportunities to view, understand, and access the
264	environmental uniqueness of the Wekiva River ecosystem shall be
265	provided where practical.
266	(g)  Nonintrusive and minimal roadway and bridge lighting
267	in the Wekiva River Protection Area shall be provided to support
268	the conservation of dark skies in the Wekiva River Basin area.
269	(h)  Safety and access design features shall be
270	incorporated to promote the continuation of prescribed burning
271	in the Wekiva River Basin area.
272	(3)  The number of interchanges located along the Wekiva
273	Parkway shall not exceed five and shall be located as follows:
274	(a)  State Road 429 south of U.S. Highway 441.
275	(b)  U.S. Highway 441.
276	(c)  Between U.S. Highway 441 and State Road 46.
277	(d)  State Road 46.
278	(e)  Interstate 4 or State Road 417.
279	(4)  The construction of the Wekiva Parkway or State Road
280	429 north of U.S. Highway 441 shall not commence until the
281	right-of-way for the Wekiva Parkway is acquired from State Road
282	46 in Lake County to Interstate 4 or State Road 417 in Seminole
283	County.
284	(5)  In Seminole County, the Seminole County Expressway
285	Authority, the Department of Transportation, and the Florida
286	Turnpike Enterprise shall locate the precise corridor and
287	interchanges for the Wekiva Parkway consistent with the
288	legislative intent and other provisions of this act.
289	(6)  The Department of Transportation is specifically
290	granted the authority to acquire and to exercise the power of
291	eminent domain to condemn all necessary lands, property, and all
292	interests in property identified herein, including fee-simple or
293	less-than-fee-simple interests, including, but not limited to,
294	all rights and interests set forth in s. 337.27(1). The lands
295	subject to this authority are identified in paragraph 10.a.,
296	State of Florida, Office of the Governor, Executive Order 03-112
297	of July 1, 2003, and in Task Force Recommendation 16 of the
298	Wekiva River Basin Area Task Force created by Executive Order
299	2002-259, such lands otherwise known as Neighborhood Lakes, a
300	1,587 +/- acre parcel located in Orange and Lake Counties within
301	Sections 27, 28, 33 and 34 of Township 19 South, Range 28 East,
302	and Sections 3, 4, 5 and 9 of Township 20 South, Range 28 East;
303	Seminole Woods/Swamp, a 5,353.2 +/- acre parcel located in Lake
304	County within Section 37, Township 19 South, Range 28 East; New
305	Garden Coal, a 1,605 +/- acre parcel in Lake County within
306	Sections 23, 25, 26, 35 and 36, Township 19 South, Range 28
307	East; Pine Plantation, a 617 +/- acre tract consisting of eight
308	(8) individual parcels within the Apopka City limits. The
309	Department of Transportation shall act as the lead agency in the
310	acquisition of these properties, and the Department of
311	Environmental Protection, the Department of Community Affairs,
312	the St. John's River Water Management District, the Orlando-
313	Orange County Expressway Authority, and other land-acquisition
314	entities shall participate and cooperate in providing
315	information and support to the lead agency.
316	(a)  Acquisition of the lands described in this section is
317	required to provide right-of-way for the Wekiva Parkway, a
318	limited access roadway linking State Road 429 to Interstate 4 or
319	State Road 417, an essential component in meeting regional
320	transportation needs to provide regional connectivity, improve
321	safety, accommodate projected population and economic growth,
322	and satisfy critical transportation requirements caused by
323	growth in traffic volume and increased travel demands.
324	(b)  Acquisition of the lands described in this section is
325	also required to protect the surface water and groundwater
326	resources of Lake, Orange, and Seminole Counties, otherwise
327	known as the Wekiva Study Area, including recharge within the
328	springshed that provides for the Wekiva River system. Protection
329	of this area is crucial to the long-term viability of the Wekiva
330	River and Wekiwa Springs and the central Florida region's water
331	supply. Acquisition of the lands described in s. 369.316 is also
332	necessary to alleviate pressure for growth and development which
333	could possibly affect the surface water and groundwater
334	resources within the recharge area.
335	(c)  Title to all lands acquired under this section shall
336	vest in the state.
337	(d)  Acquisition by the Department of Transportation of the
338	lands described in s. 369.316 that are not needed for the Wekiva
339	Parkway shall be transferred to the Board of Trustees of the
340	Internal Improvement Trust Fund for management as conservation
341	lands pursuant to ss. 253.034 and 259.032. However, the
342	Department of Transportation is authorized to utilize such lands
343	acquired with its own funds, or with acquisition services
344	provided at its cost, on a pro rata basis to the total acreage
345	acquired, as mitigation credits for potential future impacts
346	associated with the Wekiva Parkway or other regionally
347	significant roadways. With the exception of the transportation
348	use for the Wekiva Parkway, uses of the property acquired shall
349	be limited to traditional conservation uses appropriate for land
350	acquisition for the Florida Forever program as created by s.
351	259.105.
352	(7)  The Department of Transportation, the Department of
353	Environmental Protection, the St. Johns River Water Management
354	District, the Orlando-Orange County Expressway Authority, and
355	other land-acquisition entities shall cooperate and establish
356	funding responsibilities and partnerships by agreement to the
357	extent funds are available to the various entities. The
358	Department of Transportation shall acquire land in accordance
359	with this section to the extent funds are available from the
360	various funding partners but shall not be required nor assumed
361	to fund the land acquisition beyond the agreement and funding
362	provided by the various land-acquisition entities.
363	(8)  For fiscal year 2004-2005, there is appropriated to
364	the Department of Community Affairs the sum of $7,750,000 from
365	the General Revenue Fund to fund the cost to impacted cities of
366	comprehensive land use amendments, and $4,000,000 to the
367	Department of Environmental Protection for the implementation of
368	wastewater collection facilities for the residential communities
369	in Seminole County on Wekiva Park Drive and in the Wekiva River
370	Oaks subdivision, and in Lake County in the residential
371	community known as Wekiva Falls east of and on Wekiva River
372	Road.
373	369.318  Studies; rulemaking.--
374	(1)  The Department of Environmental Protection shall study
375	the efficacy and applicability of water quality and wastewater
376	treatment standards needed to achieve nitrogen reductions
377	protective of water quality within the Wekiva Study Area and
378	report to the Governor and the Department of Community Affairs
379	no later than December 1, 2004. Based on the December 2004
380	report, the Department of Environmental Protection shall, by
381	March 1, 2005, initiate rulemaking to achieve nitrogen
382	reductions protective of water quality or recommend legislation
383	that grants any additional statutory authority needed to
384	implement the report recommendations.
385	(2)  The Department of Health, in coordination with the
386	Department of Environmental Protection, shall study the efficacy
387	and applicability of onsite disposal system standards needed to
388	achieve nitrogen reductions protective of water quality within
389	the Wekiva Study Area and report to the Governor and the
390	Department of Community Affairs no later than December 1, 2004.
391	Based on the December 2004 report, the Department of Health
392	shall, by March 1, 2005, initiate rulemaking to achieve nitrogen
393	reductions protective of water quality or recommend legislation
394	that grants any additional statutory authority needed to
395	implement the report recommendations. The study shall consider:
396	(a)  For new developments and any existing development
397	within the Wekiva River Protection Area using onsite disposal
398	systems, a more stringent level of wastewater treatment,
399	including the use of multiple tanks to combine aerobic and
400	anaerobic treatment to reduce the level of nitrates.
401	(b)  The implementation of a septic tank maintenance and
402	inspection program that includes upgrading certain onsite
403	disposal systems permitted prior to 1982 to meet minimum
404	Department of Health standards, replacement of failing systems
405	and systems not meeting current standards, and providing funding
406	mechanisms for supporting a septic tank inspection and
407	maintenance program.
408	(3)(a)  The St. Johns River Water Management District shall
409	initiate rulemaking to apply the recharge criteria set forth in
410	Rule 40C-41.063(3), Florida Administrative Code, to the most
411	effective recharge areas within the Wekiva Study Area. In
412	addition, the St. Johns River Water Management District shall,
413	in conjunction with the Department of Environmental Protection,
414	study the recharge volume conditions in the Wekiva Study Area
415	and make recommendations to implement new standards to provide
416	that postdevelopment recharge volume conditions approximate
417	predevelopment recharge volume conditions. By March 1, 2005, the
418	St. Johns River Water Management District shall initiate
419	rulemaking to implement new standards to provide that
420	postdevelopment recharge volume conditions approximate
421	predevelopment recharge volume conditions.
422	(b)  By December 1, 2007, the St. Johns River Water
423	Management District shall update the minimum flows and levels
424	for Rock Springs and Wekiwa Springs. Further, the district shall
425	revise the consumptive use permit thresholds in the Wekiva Study
426	Area to address proposed water withdrawals above 50,000 gallons
427	per day. Revisions to the consumptive use thresholds shall
428	provide for a general permit, if possible, and include a
429	transition period that allows continued access to the water
430	supply for users that were not previously subject to the
431	permitting process.
432	(c)  By December 1, 2005, the St. Johns River Water
433	Management District shall establish pollution load reduction
434	goals for the Wekiva Study Area to assist the Department of
435	Environmental Protection in adopting total maximum daily loads
436	for the Wekiva Study Area by December 1, 2006.
437	(4)  The Department of Agriculture and Consumer Services
438	shall be the lead agency in coordinating the reduction of
439	agricultural nonpoint sources of pollution. The Department of
440	Agriculture and Consumer Services shall study, and, if
441	necessary, initiate rulemaking to implement, new or revised best
442	management practices for improving and protecting water bodies,
443	including those basins with impaired water bodies addressed by
444	the Clean Water Act's Total Maximum Daily Loads Program.
445	369.319  Master stormwater management plan.--Each local
446	government within the Wekiva Study Area shall develop a master
447	stormwater management plan that assesses existing problems and
448	deficiencies in the community, identifies projects to meet long-
449	range needs, establishes priorities to address existing
450	deficiencies, establishes measures to address redevelopment,
451	establishes a schedule to complete needed improvements,
452	evaluates the feasibility of stormwater reuse, and includes
453	requirements for inspection and maintenance of facilities. The
454	plan shall also identify a funding source, such as a stormwater
455	utility fee, to fund implementation of the plan and maintenance
456	program. In addition, the local government shall establish a
457	water reuse and irrigation program that allows for reuse of
458	stormwater to minimize pumpage of groundwater for nonpotable
459	usage.
460	369.320  Wastewater facility plan.--Within joint planning
461	areas and utility service areas where central wastewater systems
462	are not readily available, local governments shall develop a
463	wastewater facility plan. The facility plan shall include the
464	delineation of areas within the utility service area that are to
465	be served by central facilities within 5 years, a financially
466	feasible schedule of improvements, an infrastructure work plan
467	to build the facilities needed to implement the facility plan,
468	including those needed to meet enhanced treatment standards
469	adopted by the Department of Environmental Protection, and a
470	phase-out of existing onsite septic tank systems where central
471	facilities are available. The facility plan shall also include a
472	long-range component that addresses service of the joint
473	planning area or utility service area. In addition, local
474	governments shall establish a water reuse program that allows
475	for reuse of reclaimed water to minimize pumpage of groundwater
476	for nonpotable usage. For those basins in which the Clean Water
477	Act's Total Maximum Daily Loads Program requires reductions in
478	point source pollutants or as required by legislation for
479	enhanced treatment standards, local governments shall update
480	their wastewater facility plans.
481	369.321  Comprehensive plan amendments.--
482	(1)  By January 1, 2006, each local government within the
483	Wekiva Study Area shall amend its local government comprehensive
484	plan, including the capital improvements element, to include the
485	following:
486	(a)  An interchange land use plan for local governments
487	within the boundaries of which an interchange is planned to be
488	located. Each interchange land use plan shall address
489	appropriate land uses and compatibility, secondary road access,
490	access management, right-of-way protection, vegetation
491	protection and water-conserving landscaping, and the height and
492	appearance of structures and signage.
493	(b)  The appropriate elements to ensure implementation of a
494	master stormwater management plan.
495	(c)  The appropriate elements to ensure implementation of a
496	wastewater facility plan.
497	(d)  Land use strategies that optimize open space and
498	promote a pattern of development on a jurisdiction-wide basis
499	that protects the most effective recharge areas, karst features,
500	and sensitive natural habitats, including Sand Hill Scrub, Sand
501	Pine Scrub, and Xeric Oak Scrub. Such strategies shall recognize
502	property rights and the varying circumstances within the Wekiva
503	Study Area, including rural and urban land use patterns. Local
504	comprehensive plans shall map, using the best available data
505	from the St. Johns River Water Management District and the
506	Florida Fish and Wildlife Conservation Commission, the most
507	effective recharge areas and sensitive upland habitats for this
508	purpose. Land use strategies that optimize open space may
509	include, but are not limited to:
510	1.  Coordinated greenway plans.
511	2.  Dedication of conservation easements.
512	3.  Land acquisition.
513	4.  Clustering of development.
514	5.  Density credits and density incentives that result in
515	permanent protection of open space.
516	6.  An up-to-date 10-year water supply facility work plan
517	for building potable water facilities necessary to serve
518	existing and new developments and for which the local government
519	is responsible.
520	(2)  Land use strategies adopted under this section should
521	encourage the use of planned development initiatives and
522	encourage economically sustainable growth.
523	(3)  Comprehensive plans and comprehensive plan amendments
524	adopted by local governments to implement this section shall be
525	reviewed by the Department of Community Affairs pursuant to s.
526	163.3184 and shall be exempt from the provisions of s.
527	163.3187(1).
528	(4)  By January 1, 2007, each local government located
529	within the Wekiva Study Area shall adopt land development
530	regulations to implement the comprehensive plan amendments
531	required by this section.
532	(5)  During the period prior to the adoption of the
533	comprehensive plan amendments required by this act, any local
534	comprehensive plan amendment adopted by a city or county that
535	applies to land located within the Wekiva Study Area shall
536	protect surface water and groundwater resources and be reviewed
537	by the Department of Community Affairs, pursuant to Rule 9J-5,
538	Florida Administrative Code, using the best available data,
539	including the information presented to the Wekiva River Basin
540	Coordinating Committee.
541	369.322  Coordination of land use and water supply within
542	the Wekiva Study Area.--
543	(1)  In their review of local government comprehensive plan
544	amendments for property located within the Wekiva Study Area
545	pursuant to s. 163.3184, the Department of Community Affairs and
546	the St. Johns River Water Management District shall ensure that
547	amendments that increase development potential demonstrate that
548	adequate potable water consumptive use permit capacity is
549	available.
550	(2)  Local governments located within the Wekiva Study Area
551	shall coordinate with the St. Johns River Water Management
552	District and other public and private utilities, on a countywide
553	or multi-countywide basis, to implement cooperative solutions
554	for development of alternative water sources necessary to
555	supplement groundwater supplies consistent with the St. Johns
556	River Water Management District Regional Water Supply Plan.
557	369.323  Compliance.--Comprehensive plans and comprehensive
558	plan amendments adopted by the local governments shall be
559	reviewed for compliance by the Department of Community Affairs.
560	369.324  Wekiva River Basin Commission.--
561	(1)  The Wekiva River Basin Commission is created to
562	monitor and ensure the implementation of state, regional, and
563	local efforts with regard to the recommendations of the Wekiva
564	River Basin Coordinating Committee for the Wekiva Study Area.
565	The East Central Florida Regional Planning Council shall provide
566	staff support to the commission, and the Department of Community
567	Affairs shall provide funding assistance. The commission shall
568	be composed of a total of 19 members appointed by the Governor,
569	9 of whom shall be voting members and 10 of whom shall be ad hoc
570	nonvoting members.
571	(a)  The voting members shall include:
572	1.  One member of each of the Boards of County
573	Commissioners for Lake, Orange, and Seminole Counties.
574	2.  One municipal elected official to serve as a
575	representative of the municipalities located within the study
576	area of Lake County.
577	3.  One municipal elected official to serve as a
578	representative of the municipalities located within the study
579	area of Orange County.
580	4.  One municipal elected official to serve as a
581	representative of the municipalities located within the study
582	area of Seminole County.
583	5.  One citizen representing an environmental organization,
584	a conservation organization, or an agricultural entity, one
585	citizen representing a local property owner, and one at-large
586	citizen who shall serve as chair of the council.
587	(b)  The ad hoc nonvoting members shall include one
588	representative from each of the following entities:
589	1.  St. Johns River Water Management District.
590	2.  Department of Community Affairs.
591	3.  Department of Environmental Protection.
592	4.  Department of Health.
593	5.  Department of Agriculture and Consumer Services.
594	6.  Florida Fish and Wildlife Conservation Commission.
595	7.  Department of Transportation.
596	8.  MetroPlan Orlando.
597	9.  Orlando-Orange County Expressway Authority.
598	10.  Seminole County Expressway Authority.
599	(2)  Voting members shall serve 3-year, staggered terms and
600	shall serve without compensation but shall serve at the expense
601	of the entity they represent.
602	(3)  Meetings of the commission shall be held in Lake
603	County, Orange County, or Seminole County at the call of the
604	chair; however, the commission shall meet at least twice a year.
605	(4)  To assist the commission in its mission, the East
606	Central Florida Regional Planning Council, in coordination with
607	the applicable regional and state agencies, shall serve as a
608	clearinghouse of baseline or specialized studies through
609	modeling and simulation, including collecting and disseminating
610	data on the demographics, economics, and environment of the
611	Wekiva Study Area including the changing conditions of the
612	Wekiva River surface water and groundwater basin and associated
613	influence on the Wekiva River and Wekiwa Springs.
614	(5)  The commission shall report annually, no later than
615	December 31, to the Governor, the President of the Senate, the
616	Speaker of the House of Representatives, and the Department of
617	Community Affairs on the progress of the implementation of the
618	recommendations of the Wekiva River Basin Coordinating
619	Committee.
620	Section 2.  Paragraph (b) of subsection (1) of section
621	163.3184, Florida Statutes, is amended to read:
622	163.3184 Process for adoption of comprehensive plan or plan
623	amendment.--
624	(1)  DEFINITIONS.--As used in this section, the term:
625	(b)  "In compliance" means consistent with the requirements
626	of ss. 163.3177, 163.31776, when a local government adopts an
627	educational facilities element, 163.3178, 163.3180, 163.3191,
628	and 163.3245, with the state comprehensive plan, with the
629	appropriate strategic regional policy plan, and with chapter 9J-
630	5, Florida Administrative Code, where such rule is not
631	inconsistent with this part and with the principles for guiding
632	development in designated areas of critical state concern, and
633	with part III of chapter 369 where applicable.
634	Section 3.  New Garden Coal mitigation bank.--The
635	Legislature finds that establishing a mitigation bank under ss.
636	373.4135 and 373.4136, Florida Statutes, on the New Garden Coal
637	property would preserve that property without expending limited
638	public funds, thereby freeing up such funds for the purpose of
639	acquiring other properties as specified in this act. The
640	Legislature further finds that such mitigation bank would
641	generate mitigation credits that may offset adverse impacts
642	associated with the construction of the Wekiva Parkway.
643	Therefore, the St. Johns River Water Management District shall
644	review and take final agency action on any new or pending permit
645	application to establish a mitigation bank on the New Garden
646	Coal property. The mitigation service area as defined in s.
647	373.4136(6), Florida Statutes, for any mitigation bank proposed
648	on the New Garden Coal property shall include, at a minimum, the
649	Wekiva Study Area described in s. 369.316, Florida Statutes. In
650	determining the number of mitigation credits to award any
651	mitigation bank proposed on the New Garden Coal property, the
652	St. Johns River Water Management District shall, in addition to
653	the factors set forth in s. 373.4136(4), Florida Statutes,
654	consider the ecological value generated by preserving the New
655	Garden Coal property without the use of public funds, thereby
656	freeing up such funds to acquire other lands as specified in
657	this act.
658	Section 4.  This act shall be repealed July 1, 2009, unless
659	the purchase of the right-of-way for the Wekiva Parkway has been
660	completed.
661	Section 5.  This act shall take effect upon becoming a law.

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