HB 1013CS

CHAMBER ACTION




1The State Infrastructure Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the Wekiva Parkway and Protection Act;
7amending ss. 369.319 and 369.320, F.S.; clarifying that
8requirements for a local government to develop a master
9stormwater management plan and a wastewater facility plan
10apply only to that portion of the local government located
11within the Wekiva Study Area; amending s. 369.321, F.S.;
12requiring local governments hosting an interchange on the
13Wekiva Parkway to adopt an interchange land use plan
14within 1 year after the interchange location is
15established; revising the date local governments are
16required to adopt a 10-year water supply facility work
17plan; clarifying that the Department of Community Affairs
18reviews comprehensive plan amendments for the Wekiva Study
19Area under ch. 163, F.S.; amending s. 369.324, F.S.;
20correcting a reference to the East Central Florida
21Regional Planning Council; providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Section 369.319, Florida Statutes, is amended
26to read:
27     369.319  Master stormwater management plan.--Each local
28government within the Wekiva Study Area shall develop a master
29stormwater management plan that: assesses existing problems and
30deficiencies in the community; identifies projects to meet long-
31range needs; establishes priorities to address existing
32deficiencies; establishes measures to address redevelopment;
33establishes a schedule to complete needed improvements;
34evaluates the feasibility of stormwater reuse; and includes
35requirements for inspection and maintenance of facilities. The
36plan shall also identify a funding source, such as a stormwater
37utility fee, to fund implementation of the plan and maintenance
38program. In addition, the local government shall establish a
39water reuse and irrigation program that allows for reuse of
40stormwater on a site basis for development over a size threshold
41to be determined by the local government or on a jurisdiction-
42wide basis to minimize pumpage of groundwater for nonpotable
43usage. For those local governments located partially within the
44Wekiva Study Area, this section applies only to that portion
45located within the Wekiva Study Area.
46     Section 2.  Subsection (3) is added to section 369.320,
47Florida Statutes, to read:
48     369.320  Wastewater facility plan.--
49     (3)  For those local governments located partially within
50the Wekiva Study Area, this section applies only to that portion
51located within the Wekiva Study Area.
52     Section 3.  Section 369.321, Florida Statutes, is amended
53to read:
54     369.321  Comprehensive plan amendments.--Except as
55otherwise expressly provided, by January 1, 2006, each local
56government within the Wekiva Study Area shall amend its local
57government comprehensive plan to include the following:
58     (1)  Within 1 year after the establishment of the
59interchange locations, local governments hosting an interchange
60on the Wekiva Parkway shall adopt an interchange land use plan
61into their comprehensive plans. Each interchange land use plan
62shall address: appropriate land uses and compatible development;
63secondary road access; access management; right-of-way
64protection; vegetation protection and water conserving
65landscaping; and the height and appearance of structures and
66signage. Local governments within which the Wekiva Parkway is
67planned shall amend their local government comprehensive plan to
68include the Wekiva Parkway.
69     (2)  Local governments shall amend the appropriate elements
70of the comprehensive plan, including the capital improvements
71element, to ensure implementation of the master stormwater
72management plan.
73     (3)  Local governments shall amend their comprehensive
74plans to establish land use strategies that optimize open space
75and promote a pattern of development on a jurisdiction-wide
76basis that protects the most effective recharge areas, karst
77features, and sensitive natural habitats including Longleaf
78Pine, Sand Hill, Sand Pine, and Xeric Oak Scrub. Such strategies
79shall recognize property rights and the varying circumstances
80within the Wekiva Study Area, including rural and urban land use
81patterns. Local comprehensive plans shall map, using best
82available data from the St. Johns River Water Management
83District and the Fish and Wildlife Conservation Commission,
84recharge areas and sensitive upland habitats for this purpose.
85Local governments shall have flexibility to achieve this
86objective through comprehensive plan strategies that may
87include, 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
93permanent 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
96supply facility work plan for building potable water facilities
97necessary to serve existing and new development and for which
98the local government is responsible as required by s.
99163.3177(6)(c).
100     (5)  Comprehensive plans and comprehensive plan amendments
101adopted by the local governments to implement this section shall
102be reviewed by the Department of Community Affairs pursuant to
103s. 163.3184, and shall be exempt from the provisions of s.
104163.3187(1).
105     (6)  Implementing land development regulations shall be
106adopted no later than January 1, 2007.
107     (7)  During the period prior to the adoption of the
108comprehensive plan amendments required by this act, any local
109comprehensive plan amendment adopted by a city or county that
110applies to land located within the Wekiva Study Area shall
111protect surface and groundwater resources and be reviewed by the
112Department of Community Affairs, pursuant to chapter 163 and
113chapter 9J-5, Florida Administrative Code, using best available
114data, including the information presented to the Wekiva River
115Basin Coordinating Committee.
116     Section 4.  Subsection (4) of section 369.324, Florida
117Statutes, is amended to read:
118     369.324  Wekiva River Basin Commission.--
119     (4)  To assist the commission in its mission, the East
120Central Florida Coast Regional Planning Council, in coordination
121with the applicable regional and state agencies, shall serve as
122a clearinghouse of baseline or specialized studies through
123modeling and simulation, including collecting and disseminating
124data on the demographics, economics, and the environment of the
125Wekiva Study Area including the changing conditions of the
126Wekiva River surface and groundwater basin and associated
127influence on the Wekiva River and the Wekiva Springs.
128     Section 5.  This act shall take effect upon becoming a law.


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