| 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. |