HB 1013

1
A bill to be entitled
2An act relating to the Wekiva Parkway and Protection Act;
3amending ss. 369.319 and 369.320, F.S.; clarifying that
4requirements for a local government to develop a master
5stormwater management plan and a wastewater facility plan
6apply only to that portion of the local government located
7within the Wekiva Study Area; amending s. 369.321, F.S.;
8requiring local governments hosting an interchange on the
9Wekiva Parkway to adopt an interchange land use plan
10within 1 year after the interchange location is
11established; exempting interchanges located on Interstate
124 from the requirement for an interchange land use plan;
13revising the date local governments are required to adopt
14a 10-year water supply facility work plan; clarifying that
15the Department of Community Affairs reviews comprehensive
16plan amendments for the Wekiva Study Area under ch. 163,
17F.S.; amending s. 369.324, F.S.; correcting a reference to
18the East Central Florida Regional Planning Council;
19providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Section 369.319, Florida Statutes, is amended
24to read:
25     369.319  Master stormwater management plan.--Each local
26government within the Wekiva Study Area shall develop a master
27stormwater management plan that: assesses existing problems and
28deficiencies in the community; identifies projects to meet long-
29range needs; establishes priorities to address existing
30deficiencies; establishes measures to address redevelopment;
31establishes a schedule to complete needed improvements;
32evaluates the feasibility of stormwater reuse; and includes
33requirements for inspection and maintenance of facilities. The
34plan shall also identify a funding source, such as a stormwater
35utility fee, to fund implementation of the plan and maintenance
36program. In addition, the local government shall establish a
37water reuse and irrigation program that allows for reuse of
38stormwater on a site basis for development over a size threshold
39to be determined by the local government or on a jurisdiction-
40wide basis to minimize pumpage of groundwater for nonpotable
41usage. For those local governments located partially within the
42Wekiva Study Area, this section applies only to that portion
43located within the Wekiva Study Area.
44     Section 2.  Subsection (3) is added to section 369.320,
45Florida Statutes, to read:
46     369.320  Wastewater facility plan.--
47     (3)  For those local governments located partially within
48the Wekiva Study Area, this section applies only to that portion
49located within the Wekiva Study Area.
50     Section 3.  Section 369.321, Florida Statutes, is amended
51to read:
52     369.321  Comprehensive plan amendments.--Except as
53otherwise expressly provided, by January 1, 2006, each local
54government within the Wekiva Study Area shall amend its local
55government comprehensive plan to include the following:
56     (1)  Within 1 year after the establishment of the
57interchange locations, local governments hosting an interchange
58on the Wekiva Parkway shall adopt an interchange land use plan
59into their comprehensive plans. Each interchange land use plan
60shall address: appropriate land uses and compatible development;
61secondary road access; access management; right-of-way
62protection; vegetation protection and water conserving
63landscaping; and the height and appearance of structures and
64signage. Local governments within which the Wekiva Parkway is
65planned shall amend their local government comprehensive plan to
66include the Wekiva Parkway. Interchanges located on Interstate 4
67are exempt from this subsection.
68     (2)  Local governments shall amend the appropriate elements
69of the comprehensive plan, including the capital improvements
70element, to ensure implementation of the master stormwater
71management plan.
72     (3)  Local governments shall amend their comprehensive
73plans to establish land use strategies that optimize open space
74and promote a pattern of development on a jurisdiction-wide
75basis that protects the most effective recharge areas, karst
76features, and sensitive natural habitats including Longleaf
77Pine, Sand Hill, Sand Pine, and Xeric Oak Scrub. Such strategies
78shall recognize property rights and the varying circumstances
79within the Wekiva Study Area, including rural and urban land use
80patterns. Local comprehensive plans shall map, using best
81available data from the St. Johns River Water Management
82District and the Fish and Wildlife Conservation Commission,
83recharge areas and sensitive upland habitats for this purpose.
84Local governments shall have flexibility to achieve this
85objective through comprehensive plan strategies that may
86include, 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
92permanent 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
95supply facility work plan for building potable water facilities
96necessary to serve existing and new development and for which
97the local government is responsible as required by s.
98163.3177(6)(c).
99     (5)  Comprehensive plans and comprehensive plan amendments
100adopted by the local governments to implement this section shall
101be reviewed by the Department of Community Affairs pursuant to
102s. 163.3184, and shall be exempt from the provisions of s.
103163.3187(1).
104     (6)  Implementing land development regulations shall be
105adopted no later than January 1, 2007.
106     (7)  During the period prior to the adoption of the
107comprehensive plan amendments required by this act, any local
108comprehensive plan amendment adopted by a city or county that
109applies to land located within the Wekiva Study Area shall
110protect surface and groundwater resources and be reviewed by the
111Department of Community Affairs, pursuant to chapter 163 and
112chapter 9J-5, Florida Administrative Code, using best available
113data, including the information presented to the Wekiva River
114Basin Coordinating Committee.
115     Section 4.  Subsection (4) of section 369.324, Florida
116Statutes, is amended to read:
117     369.324  Wekiva River Basin Commission.--
118     (4)  To assist the commission in its mission, the East
119Central Florida Coast Regional Planning Council, in coordination
120with the applicable regional and state agencies, shall serve as
121a clearinghouse of baseline or specialized studies through
122modeling and simulation, including collecting and disseminating
123data on the demographics, economics, and the environment of the
124Wekiva Study Area including the changing conditions of the
125Wekiva River surface and groundwater basin and associated
126influence on the Wekiva River and the Wekiva Springs.
127     Section 5.  This act shall take effect upon becoming a law.


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