| 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. |