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