Senate Bill sb0908e1

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    SB 908                                         First Engrossed



  1                      A bill to be entitled

  2         An act relating to the Wekiva Parkway and

  3         Protection Act; amending s. 369.318, F.S.;

  4         clarifying the Department of Environmental

  5         Protection's rulemaking authority to implement

  6         certain recommendations; amending ss. 369.319

  7         and 369.320, F.S.; clarifying that requirements

  8         for a local government to develop a master

  9         stormwater management plan and a wastewater

10         facility plan apply only to that portion of the

11         local government located within the Wekiva

12         Study Area; amending s. 369.321, F.S.;

13         requiring local governments hosting an

14         interchange on the Wekiva Parkway to adopt an

15         interchange land use plan within 1 year after

16         the interchange location is established;

17         exempting interchanges located on Interstate 4

18         from the requirement for an interchange land

19         use plan; revising the date local governments

20         are required to adopt a 10-year water supply

21         facility work plan; clarifying that the

22         Department of Community Affairs reviews

23         comprehensive plan amendments for the Wekiva

24         Study Area under ch. 163, F.S.; amending s.

25         369.324, F.S.; correcting a reference to the

26         East Central Florida Regional Planning Council;

27         providing an effective date.

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29  Be It Enacted by the Legislature of the State of Florida:

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    SB 908                                         First Engrossed



 1         Section 1.  Subsection (1) of section 369.318, Florida

 2  Statutes, is amended to read:

 3         369.318  Studies.--

 4         (1)  The Department of Environmental Protection shall

 5  study the efficacy and applicability of water quality and

 6  wastewater treatment standards needed to achieve nitrogen

 7  reductions protective of surface and groundwater quality

 8  within the Wekiva Study Area and report to the Governor and

 9  the Department of Community Affairs. no later than December 1,

10  2004. Based on the December 2004 report, The Department of

11  Environmental Protection may adopt rules to implement the

12  specific recommendations set forth in sections C.2. and C.4.

13  of its report entitled "A Strategy for Water Quality

14  Protection: Wastewater Treatment in the Wekiva Study Area,"

15  dated December 2004, in order to achieve nitrogen reductions

16  protective of surface and groundwater quality in the Wekiva

17  Study Area and implement Recommendation 8 of the Wekiva River

18  Basin Coordinating Committee's final report dated March 16,

19  2004 shall, if appropriate, by March 1, 2005, initiate

20  rulemaking to achieve nitrogen reductions protective of

21  surface and groundwater quality or recommend any additional

22  statutory authority needed to implement the report

23  recommendations.

24         Section 2.  Section 369.319, Florida Statutes, is

25  amended to read:

26         369.319  Master stormwater management plan.--Each local

27  government within the Wekiva Study Area shall develop a master

28  stormwater management plan that: assesses existing problems

29  and deficiencies in the community; identifies projects to meet

30  long-range needs; establishes priorities to address existing

31  deficiencies; establishes measures to address redevelopment;


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    SB 908                                         First Engrossed



 1  establishes a schedule to complete needed improvements;

 2  evaluates the feasibility of stormwater reuse; and includes

 3  requirements for inspection and maintenance of facilities. The

 4  plan shall also identify a funding source, such as a

 5  stormwater utility fee, to fund implementation of the plan and

 6  maintenance program. In addition, the local government shall

 7  establish a water reuse and irrigation program that allows for

 8  reuse of stormwater on a site basis for development over a

 9  size threshold to be determined by the local government or on

10  a jurisdiction-wide basis to minimize pumpage of groundwater

11  for nonpotable usage. For those local governments located

12  partially within the Wekiva Study Area, this section applies

13  only to that portion located within the Wekiva Study Area.

14         Section 3.  Subsection (3) is added to section 369.320,

15  Florida Statutes, to read:

16         369.320  Wastewater facility plan.--

17         (3)  For those local governments located partially

18  within the Wekiva Study Area, this section applies only to

19  that portion located within the Wekiva Study Area.

20         Section 4.  Section 369.321, Florida Statutes, is

21  amended to read:

22         369.321  Comprehensive plan amendments.--Except as

23  otherwise expressly provided, by January 1, 2006, each local

24  government within the Wekiva Study Area shall amend its local

25  government comprehensive plan to include the following:

26         (1)  Within 1 year after the establishment of the

27  interchange locations, local governments hosting an

28  interchange on the Wekiva Parkway shall adopt an interchange

29  land use plan into their comprehensive plans. Each interchange

30  land use plan shall address: appropriate land uses and

31  compatible development; secondary road access; access


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    SB 908                                         First Engrossed



 1  management; right-of-way protection; vegetation protection and

 2  water conserving landscaping; and the height and appearance of

 3  structures and signage. Local governments within which the

 4  Wekiva Parkway is planned shall amend their local government

 5  comprehensive plan to include the Wekiva Parkway. Interchanges

 6  located on Interstate 4 are exempt from this subsection.

 7         (2)  Local governments shall amend the appropriate

 8  elements of the comprehensive plan, including the capital

 9  improvements element, to ensure implementation of the master

10  stormwater management plan.

11         (3)  Local governments shall amend their comprehensive

12  plans to establish land use strategies that optimize open

13  space and promote a pattern of development on a

14  jurisdiction-wide basis that protects the most effective

15  recharge areas, karst features, and sensitive natural habitats

16  including Longleaf Pine, Sand Hill, Sand Pine, and Xeric Oak

17  Scrub. Such strategies shall recognize property rights and the

18  varying circumstances within the Wekiva Study Area, including

19  rural and urban land use patterns. Local comprehensive plans

20  shall map, using best available data from the St. Johns River

21  Water Management District and the Fish and Wildlife

22  Conservation Commission, recharge areas and sensitive upland

23  habitats for this purpose. Local governments shall have

24  flexibility to achieve this objective through comprehensive

25  plan strategies that may include, but are not limited to:

26         (a)  Coordinated greenway plans;

27         (b)  Dedication of conservation easements;

28         (c)  Land acquisition;

29         (d)  Clustering of development;

30         (e)  Density credits and density incentives which

31  result in permanent protection of open space; and


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    SB 908                                         First Engrossed



 1         (f)  Low to very low density development.

 2         (4)  By December 1, 2006, an up-to-date 10-year water

 3  supply facility work plan for building potable water

 4  facilities necessary to serve existing and new development and

 5  for which the local government is responsible as required by

 6  s. 163.3177(6)(c).

 7         (5)  Comprehensive plans and comprehensive plan

 8  amendments adopted by the local governments to implement this

 9  section shall be reviewed by the Department of Community

10  Affairs pursuant to s. 163.3184, and shall be exempt from the

11  provisions of s. 163.3187(1).

12         (6)  Implementing land development regulations shall be

13  adopted no later than January 1, 2007.

14         (7)  During the period prior to the adoption of the

15  comprehensive plan amendments required by this act, any local

16  comprehensive plan amendment adopted by a city or county that

17  applies to land located within the Wekiva Study Area shall

18  protect surface and groundwater resources and be reviewed by

19  the Department of Community Affairs, pursuant to chapter 163

20  and chapter 9J-5, Florida Administrative Code, using best

21  available data, including the information presented to the

22  Wekiva River Basin Coordinating Committee.

23         Section 5.  Subsection (4) of section 369.324, Florida

24  Statutes, is amended to read:

25         369.324  Wekiva River Basin Commission.--

26         (4)  To assist the commission in its mission, the East

27  Central Florida Coast Regional Planning Council, in

28  coordination with the applicable regional and state agencies,

29  shall serve as a clearinghouse of baseline or specialized

30  studies through modeling and simulation, including collecting

31  and disseminating data on the demographics, economics, and the


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    SB 908                                         First Engrossed



 1  environment of the Wekiva Study Area including the changing

 2  conditions of the Wekiva River surface and groundwater basin

 3  and associated influence on the Wekiva River and the Wekiva

 4  Springs.

 5         Section 6.  This act shall take effect upon becoming a

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