Senate Bill sb0908er

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    2005 Legislature                         SB 908, 2nd Engrossed



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  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; requiring provisions

  7         for relief from specific recommendations under

  8         certain circumstances; amending ss. 369.319 and

  9         369.320, F.S.; clarifying that requirements for

10         a local government to develop a master

11         stormwater management plan and a wastewater

12         facility plan apply only to that portion of the

13         local government located within the Wekiva

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

15         requiring local governments hosting an

16         interchange on the Wekiva Parkway to adopt an

17         interchange land use plan within 1 year after

18         the interchange location is established;

19         exempting interchanges located on Interstate 4

20         from the requirements for an interchange land

21         use plan; revising the date local governments

22         are required to adopt a 10-year water supply

23         facility work plan; clarifying that the

24         Department of Community Affairs reviews

25         comprehensive plan amendments for the Wekiva

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

27         369.324, F.S.; correcting a reference to the

28         East Central Florida Regional Planning Council;

29         providing an effective date.

30  

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


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    2005 Legislature                         SB 908, 2nd 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. The rules shall provide an opportunity for relief from

20  such specific recommendations upon affirmative demonstration

21  by the permittee or permit applicant, based on water quality

22  data, physical circumstances, or other credible information,

23  that the discharge of treated wastewater is protective of

24  surface water and groundwater quality with respect to

25  nitrate-nitrogen as set forth in section C.1. of the

26  referenced December 2004 report shall, if appropriate, by

27  March 1, 2005, initiate rulemaking to achieve nitrogen

28  reductions protective of surface and groundwater quality or

29  recommend any additional statutory authority needed to

30  implement the report recommendations.

31  


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    2005 Legislature                         SB 908, 2nd Engrossed



 1         Section 2.  Section 369.319, Florida Statutes, is

 2  amended to read:

 3         369.319  Master stormwater management plan.--Each local

 4  government within the Wekiva Study Area shall develop a master

 5  stormwater management plan that: assesses existing problems

 6  and deficiencies in the community; identifies projects to meet

 7  long-range needs; establishes priorities to address existing

 8  deficiencies; establishes measures to address redevelopment;

 9  establishes a schedule to complete needed improvements;

10  evaluates the feasibility of stormwater reuse; and includes

11  requirements for inspection and maintenance of facilities. The

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

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

14  maintenance program. In addition, the local government shall

15  establish a water reuse and irrigation program that allows for

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

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

18  a jurisdiction-wide basis to minimize pumpage of groundwater

19  for nonpotable usage. For those local governments located

20  partially within the Wekiva Study Area, this section applies

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

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

23  Florida Statutes, to read:

24         369.320  Wastewater facility plan.--

25         (3)  For those local governments located partially

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

27  that portion located within the Wekiva Study Area.

28         Section 4.  Section 369.321, Florida Statutes, is

29  amended to read:

30         369.321  Comprehensive plan amendments.--Except as

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


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    2005 Legislature                         SB 908, 2nd Engrossed



 1  government within the Wekiva Study Area shall amend its local

 2  government comprehensive plan to include the following:

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

 4  interchange locations, local governments hosting an

 5  interchange on the Wekiva Parkway shall adopt an interchange

 6  land use plan into their comprehensive plans. Each interchange

 7  land use plan shall address: appropriate land uses and

 8  compatible development; secondary road access; access

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

10  water conserving landscaping; and the height and appearance of

11  structures and signage. Local governments within which the

12  Wekiva Parkway is planned shall amend their local government

13  comprehensive plan to include the Wekiva Parkway. Interchanges

14  located on Interstate 4 are exempt from this subsection.

15         (2)  Local governments shall amend the appropriate

16  elements of the comprehensive plan, including the capital

17  improvements element, to ensure implementation of the master

18  stormwater management plan.

19         (3)  Local governments shall amend their comprehensive

20  plans to establish land use strategies that optimize open

21  space and promote a pattern of development on a

22  jurisdiction-wide basis that protects the most effective

23  recharge areas, karst features, and sensitive natural habitats

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

25  Scrub. Such strategies shall recognize property rights and the

26  varying circumstances within the Wekiva Study Area, including

27  rural and urban land use patterns. Local comprehensive plans

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

29  Water Management District and the Fish and Wildlife

30  Conservation Commission, recharge areas and sensitive upland

31  habitats for this purpose. Local governments shall have


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    2005 Legislature                         SB 908, 2nd Engrossed



 1  flexibility to achieve this objective through comprehensive

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

 3         (a)  Coordinated greenway plans;

 4         (b)  Dedication of conservation easements;

 5         (c)  Land acquisition;

 6         (d)  Clustering of development;

 7         (e)  Density credits and density incentives which

 8  result in permanent protection of open space; and

 9         (f)  Low to very low density development.

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

11  supply facility work plan for building potable water

12  facilities necessary to serve existing and new development and

13  for which the local government is responsible as required by

14  s. 163.3177(6)(c).

15         (5)  Comprehensive plans and comprehensive plan

16  amendments adopted by the local governments to implement this

17  section shall be reviewed by the Department of Community

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

19  provisions of s. 163.3187(1).

20         (6)  Implementing land development regulations shall be

21  adopted no later than January 1, 2007.

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

23  comprehensive plan amendments required by this act, any local

24  comprehensive plan amendment adopted by a city or county that

25  applies to land located within the Wekiva Study Area shall

26  protect surface and groundwater resources and be reviewed by

27  the Department of Community Affairs, pursuant to chapter 163

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

29  available data, including the information presented to the

30  Wekiva River Basin Coordinating Committee.

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    ENROLLED

    2005 Legislature                         SB 908, 2nd Engrossed



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

 2  Statutes, is amended to read:

 3         369.324  Wekiva River Basin Commission.--

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

 5  Central Florida Coast Regional Planning Council, in

 6  coordination with the applicable regional and state agencies,

 7  shall serve as a clearinghouse of baseline or specialized

 8  studies through modeling and simulation, including collecting

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

10  environment of the Wekiva Study Area including the changing

11  conditions of the Wekiva River surface and groundwater basin

12  and associated influence on the Wekiva River and the Wekiva

13  Springs.

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

15  law.

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