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       Florida Senate - 2010                              CS for SB 776
       By the Committee on Environmental Preservation and Conservation;
       and Senator Constantine
       592-02164-10                                           2010776c1
    1                        A bill to be entitled                      
    2         An act relating to the Wekiva River Protection Act;
    3         amending s. 369.317, F.S.; clarifying mitigation
    4         offsets in the Wekiva Study Area; providing an
    5         effective date.
    7  Be It Enacted by the Legislature of the State of Florida:
    9         Section 1. Subsection (6) of section 369.317, Florida
   10  Statutes, is amended to read:
   11         369.317 Wekiva Parkway.—
   12         (6) The Orlando-Orange County Expressway Authority is
   13  hereby granted the authority to act as a third-party acquisition
   14  agent, pursuant to s. 259.041 on behalf of the Board of Trustees
   15  or chapter 373 on behalf of the governing board of the St. Johns
   16  River Water Management District, for the acquisition of all
   17  necessary lands, property and all interests in property
   18  identified herein, including fee simple or less-than-fee simple
   19  interests. The lands subject to this authority are identified in
   20  paragraph 10.a., State of Florida, Office of the Governor,
   21  Executive Order 03-112 of July 1, 2003, and in Recommendation 16
   22  of the Wekiva Basin Area Task Force created by Executive Order
   23  2002-259, such lands otherwise known as Neighborhood Lakes, a
   24  1,587+/- acre parcel located in Orange and Lake Counties within
   25  Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
   26  and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
   27  Seminole Woods/Swamp, a 5,353+/- acre parcel located in Lake
   28  County within Section 37, Township 19 South, Range 28 East; New
   29  Garden Coal; a 1,605+/- acre parcel in Lake County within
   30  Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
   31  East; Pine Plantation, a 617+/- acre tract consisting of eight
   32  individual parcels within the Apopka City limits. The Department
   33  of Transportation, the Department of Environmental Protection,
   34  the St. Johns River Water Management District, and other land
   35  acquisition entities shall participate and cooperate in
   36  providing information and support to the third-party acquisition
   37  agent. The land acquisition process authorized by this paragraph
   38  shall begin no later than December 31, 2004. Acquisition of the
   39  properties identified as Neighborhood Lakes, Pine Plantation,
   40  and New Garden Coal, or approval as a mitigation bank shall be
   41  concluded no later than December 31, 2010. Department of
   42  Transportation and Orlando-Orange County Expressway Authority
   43  funds expended to purchase an interest in those lands identified
   44  in this subsection shall be eligible as environmental mitigation
   45  for road construction related impacts in the Wekiva Study Area.
   46  If any of the lands identified in this subsection are used as
   47  environmental mitigation for road construction related impacts
   48  incurred by the Department of Transportation or Orlando-Orange
   49  County Expressway Authority, or for other impacts incurred by
   50  other entities, within the Wekiva Study Area or within the
   51  Wekiva parkway alignment corridor, and if the mitigation offsets
   52  these impacts, the St. Johns River Water Management District and
   53  the Department of Environmental Protection shall consider the
   54  activity regulated under part IV of chapter 373 to meet the
   55  cumulative impact requirements of s. 373.414(8)(a).
   56         Section 2. This act shall take effect July 1, 2010.

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