1 | A bill to be entitled |
2 | An act relating to the Wekiva Parkway and Protection Act; |
3 | amending ss. 369.319 and 369.320, F.S.; clarifying that |
4 | requirements for a local government to develop a master |
5 | stormwater management plan and a wastewater facility plan |
6 | apply only to that portion of the local government located |
7 | within the Wekiva Study Area; amending s. 369.321, F.S.; |
8 | requiring local governments hosting an interchange on the |
9 | Wekiva Parkway to adopt an interchange land use plan |
10 | within 1 year after the interchange location is |
11 | established; exempting interchanges located on Interstate |
12 | 4 from the requirement for an interchange land use plan; |
13 | revising the date local governments are required to adopt |
14 | a 10-year water supply facility work plan; clarifying that |
15 | the Department of Community Affairs reviews comprehensive |
16 | plan amendments for the Wekiva Study Area under ch. 163, |
17 | F.S.; amending s. 369.324, F.S.; correcting a reference to |
18 | the East Central Florida Regional Planning Council; |
19 | providing an effective date. |
20 |
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21 | Be It Enacted by the Legislature of the State of Florida: |
22 |
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23 | Section 1. Section 369.319, Florida Statutes, is amended |
24 | to read: |
25 | 369.319 Master stormwater management plan.--Each local |
26 | government within the Wekiva Study Area shall develop a master |
27 | stormwater management plan that: assesses existing problems and |
28 | deficiencies in the community; identifies projects to meet long- |
29 | range needs; establishes priorities to address existing |
30 | deficiencies; establishes measures to address redevelopment; |
31 | establishes a schedule to complete needed improvements; |
32 | evaluates the feasibility of stormwater reuse; and includes |
33 | requirements for inspection and maintenance of facilities. The |
34 | plan shall also identify a funding source, such as a stormwater |
35 | utility fee, to fund implementation of the plan and maintenance |
36 | program. In addition, the local government shall establish a |
37 | water reuse and irrigation program that allows for reuse of |
38 | stormwater on a site basis for development over a size threshold |
39 | to be determined by the local government or on a jurisdiction- |
40 | wide basis to minimize pumpage of groundwater for nonpotable |
41 | usage. For those local governments located partially within the |
42 | Wekiva Study Area, this section applies only to that portion |
43 | located within the Wekiva Study Area. |
44 | Section 2. Subsection (3) is added to section 369.320, |
45 | Florida Statutes, to read: |
46 | 369.320 Wastewater facility plan.-- |
47 | (3) For those local governments located partially within |
48 | the Wekiva Study Area, this section applies only to that portion |
49 | located within the Wekiva Study Area. |
50 | Section 3. Section 369.321, Florida Statutes, is amended |
51 | to read: |
52 | 369.321 Comprehensive plan amendments.--Except as |
53 | otherwise expressly provided, by January 1, 2006, each local |
54 | government within the Wekiva Study Area shall amend its local |
55 | government comprehensive plan to include the following: |
56 | (1) Within 1 year after the establishment of the |
57 | interchange locations, local governments hosting an interchange |
58 | on the Wekiva Parkway shall adopt an interchange land use plan |
59 | into their comprehensive plans. Each interchange land use plan |
60 | shall address: appropriate land uses and compatible development; |
61 | secondary road access; access management; right-of-way |
62 | protection; vegetation protection and water conserving |
63 | landscaping; and the height and appearance of structures and |
64 | signage. Local governments within which the Wekiva Parkway is |
65 | planned shall amend their local government comprehensive plan to |
66 | include the Wekiva Parkway. Interchanges located on Interstate 4 |
67 | are exempt from this subsection. |
68 | (2) Local governments shall amend the appropriate elements |
69 | of the comprehensive plan, including the capital improvements |
70 | element, to ensure implementation of the master stormwater |
71 | management plan. |
72 | (3) Local governments shall amend their comprehensive |
73 | plans to establish land use strategies that optimize open space |
74 | and promote a pattern of development on a jurisdiction-wide |
75 | basis that protects the most effective recharge areas, karst |
76 | features, and sensitive natural habitats including Longleaf |
77 | Pine, Sand Hill, Sand Pine, and Xeric Oak Scrub. Such strategies |
78 | shall recognize property rights and the varying circumstances |
79 | within the Wekiva Study Area, including rural and urban land use |
80 | patterns. Local comprehensive plans shall map, using best |
81 | available data from the St. Johns River Water Management |
82 | District and the Fish and Wildlife Conservation Commission, |
83 | recharge areas and sensitive upland habitats for this purpose. |
84 | Local governments shall have flexibility to achieve this |
85 | objective through comprehensive plan strategies that may |
86 | include, but are not limited to: |
87 | (a) Coordinated greenway plans; |
88 | (b) Dedication of conservation easements; |
89 | (c) Land acquisition; |
90 | (d) Clustering of development; |
91 | (e) Density credits and density incentives which result in |
92 | permanent protection of open space; and |
93 | (f) Low to very low density development. |
94 | (4) By December 1, 2006, an up-to-date 10-year water |
95 | supply facility work plan for building potable water facilities |
96 | necessary to serve existing and new development and for which |
97 | the local government is responsible as required by s. |
98 | 163.3177(6)(c). |
99 | (5) Comprehensive plans and comprehensive plan amendments |
100 | adopted by the local governments to implement this section shall |
101 | be reviewed by the Department of Community Affairs pursuant to |
102 | s. 163.3184, and shall be exempt from the provisions of s. |
103 | 163.3187(1). |
104 | (6) Implementing land development regulations shall be |
105 | adopted no later than January 1, 2007. |
106 | (7) During the period prior to the adoption of the |
107 | comprehensive plan amendments required by this act, any local |
108 | comprehensive plan amendment adopted by a city or county that |
109 | applies to land located within the Wekiva Study Area shall |
110 | protect surface and groundwater resources and be reviewed by the |
111 | Department of Community Affairs, pursuant to chapter 163 and |
112 | chapter 9J-5, Florida Administrative Code, using best available |
113 | data, including the information presented to the Wekiva River |
114 | Basin Coordinating Committee. |
115 | Section 4. Subsection (4) of section 369.324, Florida |
116 | Statutes, is amended to read: |
117 | 369.324 Wekiva River Basin Commission.-- |
118 | (4) To assist the commission in its mission, the East |
119 | Central Florida Coast Regional Planning Council, in coordination |
120 | with the applicable regional and state agencies, shall serve as |
121 | a clearinghouse of baseline or specialized studies through |
122 | modeling and simulation, including collecting and disseminating |
123 | data on the demographics, economics, and the environment of the |
124 | Wekiva Study Area including the changing conditions of the |
125 | Wekiva River surface and groundwater basin and associated |
126 | influence on the Wekiva River and the Wekiva Springs. |
127 | Section 5. This act shall take effect upon becoming a law. |