December 14, 2017
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Senate Bill 1214

Senate Bill sb1214er

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  1                                 

  2         An act relating to the Wekiva Parkway and

  3         Protection Act; creating part III of ch. 369,

  4         F.S., consisting of ss. 369.314, 369.315,

  5         369.316, 369.317, 369.318, 369.319, 369.320,

  6         369.321, 369.322, 369.323, and 369.324, F.S.;

  7         providing legislative intent; providing a legal

  8         description of the Wekiva Study Area; defining

  9         the Wekiva Parkway; providing guiding

10         principles for the Wekiva Parkway Design

11         Features and Construction; limiting the number

12         of interchanges along the Wekiva Parkway;

13         granting the Department of Transportation

14         certain eminent domain authority for the Wekiva

15         Parkway construction; requiring that certain

16         entities locate the precise corridor and

17         interchanges for the Wekiva Parkway in Seminole

18         County consistent with this act; providing that

19         the Orlando-Orange County Expressway Authority

20         is granted authority to act as a third-party

21         acquisition agent on behalf of the Board of

22         Trustees of the Internal Improvement Trust Fund

23         or the St. Johns River Water Management

24         District; providing that certain properties

25         shall be acquired prior to the completion of

26         the parkway; requiring certain entities and

27         agencies to cooperate and establish funding

28         responsibilities and partnerships; requiring

29         certain studies by the Department of

30         Environmental Protection, the Department of

31         Health, the St. Johns River Water Management


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 1         District, and the Department of Agriculture and

 2         Consumer Services; providing for a master

 3         stormwater plan; providing for a wastewater

 4         facility plan; requiring certain local

 5         government comprehensive plan amendments;

 6         providing for the coordination of land use and

 7         water supply with the Wekiva Study Area;

 8         providing that comprehensive plans and

 9         comprehensive plan amendments be reviewed for

10         compliance by the Department of Community

11         Affairs; creating the Wekiva River Basin

12         Commission; amending s. 163.3184, F.S.;

13         amending the definition of "compliance";

14         creating s. 348.7546, F.S.; authorizing the

15         construction and financing of the Wekiva

16         Parkway; creating s. 348.7547, F.S.;

17         authorizing the construction and financing of

18         the Maitland Boulevard Extension and Northwest

19         Beltway Part A; providing an effective date.

20  

21         WHEREAS, the Wekiva River System and its associated

22  springshed areas are of irreplaceable value to the quality of

23  life and well-being of the people of the State of Florida, and

24         WHEREAS, protection of the surface and groundwater

25  resources, including recharge within the springshed that

26  provides for the Wekiva River System, is crucial to the

27  long-term viability of the Wekiva River and springs and the

28  central Florida Region's water supply, and

29         WHEREAS, construction of the Wekiva Parkway and other

30  roadway improvements to the west of the Wekiva River System

31  will add to the pressures for growth and development already


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 1  affecting the surface and groundwater resources within the

 2  recharge area, NOW, THEREFORE,

 3  

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

 5  

 6         Section 1.  Part III of chapter 369, Florida Statutes,

 7  consisting of sections 369.314, 369.315, 369.316, 369.317,

 8  369.318, 369,319, 369.320, 369.321, 369.322, 369.323, and

 9  369.324, is created to read:

10                             PART III

11                Wekiva Parkway and Protection Act.

12         369.314  Short title.--This act may be cited as the

13  "Wekiva Parkway Protection Act."

14         369.315  Intent.--

15         (1)  The Legislature finds that, in general, Florida

16  springs whether found in urban or rural settings, public

17  parks, or private lands, are threatened by actual and

18  potential flow reductions and declining water quality. As a

19  result of climate patterns and population changes, over the

20  past 30 years, many of Florida's springs have begun to exhibit

21  signals of distress, including increasing nutrient loading and

22  lowered water flow. The groundwater that feeds springs is

23  recharged by seepage from the surface and through direct

24  conduits such as sinkholes.

25         (2)  The Legislature further finds that springs and

26  groundwater once damaged by overuse can be restored through

27  good stewardship, including effective planning strategies and

28  best management practices to preserve and protect the spring

29  and its springshed. Prudent land use planning decisions can

30  protect and improve quality and quantity, as well as upland

31  resources of a springshed. Managing land use types and their


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 1  allowable densities and intensities of development, followed

 2  by specific site planning to further minimize impacts, rank as

 3  an important goal.

 4         (3)  It is the intent of the Legislature that the

 5  recommendations of the Wekiva River Basin Coordinating

 6  Committee as stated in its final report dated March 16, 2004,

 7  be taken and implemented as a whole to achieve the objective

 8  of improving and assuring protection of surface water and

 9  groundwater resources. Coordination of comprehensive plans and

10  the Regional Water Supply Plan is important for protection of

11  water resources and to promote the continuity of effective

12  planning and development.

13         (4)  It is not the intent of the Legislature to place

14  an undue burden on local governments within the Wekiva Study

15  Area. Any required Wekiva Study Area comprehensive plan

16  amendments may be adopted in conjunction with other amendments

17  not required by this part.

18         369.316  Wekiva Study Area.--The Wekiva Study Area is

19  defined to include the following land: Begin at the northwest

20  corner of Section 6, Township 18 South, Range 28 East, Lake

21  County, Florida, said corner lying on the north line of

22  Township 18 South; thence Easterly along said north line of

23  Township 18 South to the northeast corner of Section 5,

24  Township 18 South, Range 29 East; thence Southerly along the

25  east line of said Section 5 to the northeast corner of Section

26  8, Township 18 South, Range 29 East; thence Southerly along

27  the east line of said Section 8 to the northeast corner of

28  Section 17, Township 18 South, Range 29 East; thence Southerly

29  along the east line of said Section 17 to the northeast corner

30  of Section 20, Township 18 South, Range 29 East; thence

31  Southerly along the east line of said Section 20 to the


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 1  northeast corner of Section 29, Township 18 South, Range 29

 2  East; thence Southerly along the east line of said Section 29

 3  to the northeast corner of Section 32, Township 18 South,

 4  Range 29 East; thence Southerly along the east line of said

 5  Section 32 to the southeast corner thereof, said corner lying

 6  on the south line of Township 18 South; thence Easterly along

 7  the south line of said Township 18 South to an intersection

 8  with the east line of Range 29 East; thence Southerly along

 9  the east line of said Range 29 East to the southeast corner of

10  Section 24, Township 21 South, Range 29 East; thence Westerly

11  along the south line of said Section 24 to the southeast

12  corner of Section 23, Township 21 South, Range 29 East; thence

13  Westerly along the south line of said Section 23, to an

14  intersection with the centerline of Interstate Highway No. 4;

15  thence generally Southerly along the centerline of Interstate

16  Highway No. 4 to an intersection with the south line of

17  Section 13, Township 22 South, Range 29 East; thence Westerly

18  along the south line of said Section 13 to the southeast

19  corner of Section 14, Township 22 South, Range 29 East; thence

20  Westerly along the south line of said Section 14 to the

21  southeast corner of Section 15, Township 22 South, Range 29

22  East; thence Westerly along the south line of said Section 15

23  to the northeast corner of Section 21, Township 22 South,

24  Range 29 East; thence Southerly along the east line of said

25  Section 21 to an intersection with the centerline of State

26  Road No. 50; thence Westerly along the centerline of said

27  State Road No. 50 to the northeast corner of Section 30,

28  Township 22 South, Range 28 East; thence Southerly along the

29  east line of said Section 30 to the northeast corner of

30  Section 31, Township 22 South, Range 28 East; thence Southerly

31  along the east line of said Section 31 to the southeast corner


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 1  thereof, said corner lying on the south line of Township 22

 2  South; thence Westerly along said south line of Township 22

 3  South to the northeast corner of Section 2, Township 23 South,

 4  Range 27 East; thence Southerly along the east line of said

 5  Section 2 to the northeast corner of Section 11, Township 23

 6  South, Range 27 East; thence Southerly along the east line of

 7  said Section 11 to the southeast corner thereof; thence

 8  Westerly along the south line of said Section 11 to the

 9  southeast corner of Section 10, Township 23 South, Range 27

10  East; thence Westerly along the south line of said Section 10

11  to the southeast corner of Section 9, Township 23 South, Range

12  27 East; thence Westerly along the south line of said Section

13  9 to the Southeast corner of Section 8, Township 23 South,

14  Range 27 East; thence Westerly along the south line of said

15  Section 8 to the southeast corner of Section 7, Township 23

16  South, Range 27 East; thence Westerly along the south line of

17  said Section 7 to the southwest corner thereof, said corner

18  lying on the line of demarcation between Orange County and

19  Lake County; thence generally Northerly and along said county

20  line to the northeast corner of Section 12, Township 20 South,

21  Range 26 East, said corner lying on the east line of Range 26

22  East; thence generally Northerly and along said east line of

23  Range 26 East to the southeast corner of Section 24, Township

24  19 South, Range 26 East; thence Westerly along the south line

25  of said Section 24 to the southeast corner of Section 23,

26  Township 19 South, Range 26 East; thence Westerly along the

27  south line of said Section 23 to the southwest corner thereof;

28  thence Northerly along the west line of said Section 23 to the

29  southwest corner of Section 14, Township 19 South, Range 26

30  East; thence Northerly along the west line of said Section 14

31  to the southwest corner of Section 11, Township 19 South,


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 1  Range 26 East; thence generally Northeasterly to the southwest

 2  corner of Section 1, Township 19 South, Range 26 East; thence

 3  generally Northeasterly to the southwest corner of Section 31,

 4  Township 18 South, Range 27 East; thence generally

 5  Northeasterly to the southwest corner of Section 29, Township

 6  18 South, Range 27 East; thence generally Northeasterly to the

 7  northwest corner of Section 28, Township 18 South, Range 27

 8  East; thence Easterly along the north line of said Section 28

 9  to the northwest corner of Section 27, Township 18 South,

10  Range 27 East; thence Easterly along the north line of said

11  Section 27 to the northwest corner of Section 26, Township 18

12  South, Range 27 East; thence Easterly along the north line of

13  said Section 26 to the northwest corner of Section 25,

14  Township 18 South, Range 27 East; thence Easterly along the

15  north line of said Section 25 to an intersection with the west

16  line of Range 28 East; thence Northerly along the west line of

17  said Range 28 East, to the northwest corner of Section 6,

18  Township 18 South, Range 28 East, and the Point of Beginning.

19         316.317  Wekiva Parkway.--

20         (1)  The "Wekiva Parkway" means any limited access

21  highway or expressway constructed between State Road 429 and

22  Interstate 4 specifically incorporating the corridor alignment

23  recommended by Recommendation 2 of the Wekiva River Basin Area

24  Task Force final report dated January 15, 2003, and the

25  recommendations of the SR 429 Working Group that were adopted

26  January 16, 2004.

27         (2)  The Wekiva Parkway and related transportation

28  facilities shall follow the design criteria contained in the

29  recommendations of the Wekiva River Basin Area Task Force

30  adopted by reference by the Wekiva River Basin Coordinating

31  Committee in its final report of March 16, 2004 and the


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 1  recommendations of the Wekiva Coordinating Committee contained

 2  in its final report of March 16, 2004, subject to reasonable

 3  environmental, economic and engineering considerations.

 4         (3)  With the exception of the road commonly referred

 5  to as the Apopka Bypass, the construction of any other

 6  limited-access highway or expressway that is identified by the

 7  Final Recommendations of the State Road 429 Working Group

 8  adopted January 16, 2004 within the Wekiva Study Area shall

 9  adhere to transportation and conservation principles

10  identified within the Final Report of the Wekiva River Basin

11  Coordinating Committee dated March 16, 2004. If any other

12  limited-access highway or expressway is considered within the

13  Wekiva Study Area, then such a project shall adhere to the

14  extent practicable with transportation and conservation

15  principles identified within the Final Report of the Wekiva

16  River Basin Coordinating Committee dated March 16, 2004.

17         (4)  Access to properties adjacent to SR 46 shall be

18  maintained through appropriate neighborhood streets or

19  frontage roads integrated into the parkway design.

20         (5)  In Seminole County, the Seminole County Expressway

21  Authority, the Department of Transportation, and the Florida

22  Turnpike Enterprise shall locate the precise corridor and

23  interchanges for the Wekiva Parkway consistent with the

24  legislative intent expressed in this act and other provisions

25  of this act.

26         (6)  The Orlando-Orange County Expressway Authority is

27  hereby granted the authority to act as a third-party

28  acquisition agent, pursuant to s. 259.041 on behalf of the

29  Board of Trustees or chapter 373 on behalf of the governing

30  board of the St. Johns River Water Management District, for

31  the acquisition of all necessary lands, property and all


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 1  interests in property identified herein, including fee simple

 2  or less-than-fee simple interests. The lands subject to this

 3  authority are identified in paragraph 10.a., State of Florida,

 4  Office of the Governor, Executive Order 03-112 of July 1,

 5  2003, and in Recommendation 16 of the Wekiva Basin Area Task

 6  Force created by Executive Order 2002-259, such lands

 7  otherwise known as Neighborhood Lakes, a 1,587+/- acre parcel

 8  located in Orange and Lake Counties within Sections 27, 28, 33

 9  and 34 of Township 19 South, Range 28 East, and Sections 3, 4,

10  5 and 9 of Township 20 South, Range 28 East; Seminole

11  Woods/Swamp, a 5,353+/- acre parcel located in Lake County

12  within Section 37, Township 19 South, Range 28 East; New

13  Garden Coal; a 1,605+/- acre parcel in Lake County within

14  Sections 23, 25, 26, 35 and 36, Township 19 South, Range 28

15  East; Pine Plantation, a 617+/- acre tract consisting of eight

16  individual parcels within the Apopka City limits. The

17  Department of Transportation, the Department of Environmental

18  Protection, the St. Johns River Water Management District, and

19  other land acquisition entities shall participate and

20  cooperate in providing information and support to the

21  third-party acquisition agent. The land acquisition process

22  authorized by this paragraph shall begin no later than

23  December 31, 2004. Acquisition of the properties identified as

24  Neighborhood Lakes, Pine Plantation, and New Garden Coal, or

25  approval as a mitigation bank shall be concluded no later than

26  December 31, 2010. Department of Transportation and

27  Orlando-Orange County Expressway Authority funds expended to

28  purchase an interest in those lands identified in this

29  subsection shall be eligible as environmental mitigation for

30  road construction related impacts in the Wekiva Study Area.

31  


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 1         (a)  Acquisition of the land described in this section

 2  is required to provide right of way for the Wekiva Parkway, a

 3  limited access roadway linking State Road 429 to Interstate 4,

 4  an essential component in meeting regional transportation

 5  needs to provide regional connectivity, improve safety,

 6  accommodate projected population and economic growth, and

 7  satisfy critical transportation requirements caused by

 8  increased traffic volume growth and travel demands.

 9         (b)  Acquisition of the lands described in this section

10  is also required to protect the surface water and groundwater

11  resources of Lake, Orange, and Seminole counties, otherwise

12  known as the Wekiva Study Area, including recharge within the

13  springshed that provides for the Wekiva River system.

14  Protection of this area is crucial to the long term viability

15  of the Wekiva River and springs and the central Florida

16  region's water supply. Acquisition of the lands described in

17  this section is also necessary to alleviate pressure from

18  growth and development affecting the surface and groundwater

19  resources within the recharge area.

20         (c)  Lands acquired pursuant to this section that are

21  needed for transportation facilities for the Wekiva Parkway

22  shall be determined not necessary for conservation purposes

23  pursuant to ss. 253.034(6) and 373.089(5) and shall be

24  transferred to or retained by the Orlando-Orange County

25  Expressway Authority or the Department of Transportation upon

26  reimbursement of the full purchase price and acquisition

27  costs.

28         (7)  The Department of Transportation, the Department

29  of Environmental Protection, the St. Johns River Water

30  Management District, Orlando-Orange County Expressway

31  Authority and other land acquisition entities shall cooperate


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 1  and establish funding responsibilities and partnerships by

 2  agreement to the extent funds are available to the various

 3  entities. Properties acquired with Florida Forever funds shall

 4  be in accordance with s. 259.041 or chapter 373. The

 5  Orlando-Orange County Expressway Authority shall acquire land

 6  in accordance with this section of law to the extent funds are

 7  available from the various funding partners, but shall not be

 8  required nor assumed to fund the land acquisition beyond the

 9  agreement and funding provided by the various land acquisition

10  entities.

11         (8)  The Department of Environmental Protection and the

12  St. Johns River Water Management District shall give the

13  highest priority to the acquisition of the lands described and

14  identified in subsection (6) for Florida Forever purchases.

15         369.318  Studies.--

16         (1)  The Department of Environmental Protection shall

17  study the efficacy and applicability of water quality and

18  wastewater treatment standards needed to achieve nitrogen

19  reductions protective of surface and groundwater quality

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

21  the Department of Community Affairs no later than December 1,

22  2004. Based on the December 2004 report, the Department of

23  Environmental Protection shall, if appropriate, by March 1,

24  2005, initiate rulemaking to achieve nitrogen reductions

25  protective of surface and groundwater quality or recommend any

26  additional statutory authority needed to implement the report

27  recommendations.

28         (2)  The Department of Health, in coordination with the

29  Department of Environmental Protection, shall study the

30  efficacy and applicability of onsite disposal system standards

31  needed to achieve nitrogen reductions protective of


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 1  groundwater quality within the Wekiva Study Area including

 2  publicly owned lands and report to the Governor and the

 3  Department of Community Affairs no later than December 1,

 4  2004. Based on the December 2004 report, the Department of

 5  Health shall, if appropriate, by March 1, 2005, initiate

 6  rulemaking to achieve nitrogen reductions protective of water

 7  quality or recommend legislation for any additional statutory

 8  authority needed to implement the report recommendations. The

 9  study shall consider:

10         (a)  For new developments within the Wekiva Study Area

11  and any existing development within the Wekiva River

12  Protection Area using onsite disposal systems, a more

13  stringent level of wastewater treatment, including, but not

14  limited to, the use of multiple tanks to combine aerobic and

15  anaerobic treatment to reduce the level of nitrates.

16         (b)  The implementation of a septic tank maintenance

17  and inspection program which includes upgrading certain onsite

18  disposal systems permitted prior to 1982 to meet minimum

19  Department of Health standards; replacement of failing systems

20  and systems not meeting current standards; and providing

21  funding mechanisms for supporting a septic tank inspection and

22  maintenance program.

23         (3)  The St. Johns River Water Management District

24  shall initiate rulemaking to:

25         (a)  Amend the recharge criteria in Rule 40C-41.063(3),

26  Florida Administrative Code, to apply to all recharge lands

27  within the Wekiva Study Area.

28         (b)  Adopt a consolidated environmental resources

29  permit/consumptive use permit for projects that require both

30  an environmental resource permit and a consumptive use permit

31  


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 1  that involve irrigation of urban landscape, golf course or

 2  recreational areas.

 3         (4)  By March 1, 2005, the St. Johns River Water

 4  Management District in conjunction with the Department of

 5  Environmental Protection, shall initiate rulemaking to amend

 6  the recharge criteria in Rule 40C-41.063(3), Florida

 7  Administrative Code, to provide that the post-development

 8  recharge volume conditions within the Wekiva Study Area

 9  approximate pre-development recharge volume conditions. The

10  district shall study and undertake this rulemaking to

11  accomplish this standard on a development-specific basis. The

12  rule shall permit the utilization of existing permitted

13  municipal master stormwater systems with adequate capacity to

14  meet the new standards in lieu of onsite retention and shall

15  provide applicants with the ability to submit appropriate

16  geotechnical information demonstrating that a specific site is

17  not within a most effective recharge area of the Wekiva

18  springshed.

19         (5)  The St. Johns River Water Management District

20  shall complete an assessment of the significance of water uses

21  below the current consumptive use permit thresholds in the

22  Wekiva Study Area to determine if rulemaking should be

23  initiated to lower consumptive use permit thresholds.

24         (6)  The St. Johns River Water Management District

25  shall conduct an analysis of the impact of redevelopment

26  projects in the Wekiva River basin upon aquifer recharge and

27  shall consider whether to adopt a rule amendment to require

28  those redevelopment projects exceeding a specified threshold

29  to meet the Wekiva Basin recharge criteria. The effect of

30  redevelopment upon aquifer recharge shall be analyzed and then

31  the costs of regulation shall be analyzed.


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 1         (7)  By December 1, 2007, the St. Johns River Water

 2  Management District shall update the minimum flows and levels

 3  standards for Rock Springs and Wekiva Springs. Further, the

 4  district shall revise the consumptive use permit thresholds in

 5  the Wekiva Study Area to address proposed water withdrawals

 6  above 50,000 gallons per day. Revisions to the consumptive use

 7  thresholds shall provide for a general permit, if possible,

 8  and include a transition period that allows continued access

 9  to water supply for users that were not previously subject to

10  the permitting process.

11         (8)  By December 1, 2005, the St. Johns River Water

12  Management District shall establish pollution load reduction

13  goals for the Wekiva Study Area to assist the Department of

14  Environmental Protection in adopting total maximum daily loads

15  for impaired waters within the Wekiva Study Area by December

16  1, 2006.

17         (9)  The Department of Agriculture and Consumer

18  Services shall be the lead agency in coordinating the

19  reduction of agricultural nonpoint sources of pollution. The

20  Department of Agriculture and Consumer Services shall study,

21  and if necessary, initiate rulemaking to implement new or

22  revised best management practices for improving and protecting

23  water bodies, including those basins with impaired water

24  bodies addressed by the Total Maximum Daily Loads Program.

25         369.319  Master stormwater management plan.--Each local

26  government within the Wekiva Study Area shall develop a master

27  stormwater management plan that: assesses existing problems

28  and deficiencies in the community; identifies projects to meet

29  long-range needs; establishes priorities to address existing

30  deficiencies; establishes measures to address redevelopment;

31  establishes a schedule to complete needed improvements;


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 1  evaluates the feasibility of stormwater reuse; and includes

 2  requirements for inspection and maintenance of facilities. The

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

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

 5  maintenance program. In addition, the local government shall

 6  establish a water reuse and irrigation program that allows for

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

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

 9  a jurisdiction-wide basis to minimize pumpage of groundwater

10  for nonpotable usage.

11         369.320  Wastewater facility plan.--

12         (1)  Local governments within the Wekiva Study Area

13  shall develop a wastewater facility plan for joint planning

14  areas and utility service areas where central wastewater

15  systems are not readily available. The facility plan shall

16  include: the delineation of areas within the utility service

17  area that are to be served by central facilities within 5

18  years; a financially feasible schedule of improvements; an

19  infrastructure work plan to build the facilities needed to

20  implement the facility plan, including those needed to meet

21  enhanced treatment standards adopted by the Department of

22  Environmental Protection; and a phase-out of existing onsite

23  septic tank systems where central facilities are available.

24  The term available shall be interpreted consistent with the

25  definition of s. 381.0065(2)(a). The facility plan shall also

26  include a long-range component addressing service of the joint

27  planning area or utility service area. In addition, local

28  governments shall establish a water reuse program that allows

29  for reuse of reclaimed water on a site-by-site basis for

30  development over a size threshold to be determined by the

31  


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 1  local government or on a jurisdiction-wide basis to minimize

 2  pumpage of groundwater for nonpotable usage.

 3         (2)  Local governments shall update their wastewater

 4  facility plans required in subsection (1) where the Total

 5  Maximum Daily Loads Program requires reductions in point

 6  source pollutants for a basin or as required by legislation

 7  for enhanced treatment standards.

 8         369.321  Comprehensive plan amendments.--By January 1,

 9  2006, each local government within the Wekiva Study Area shall

10  amend its local government comprehensive plan to include the

11  following:

12         (1)  Local governments hosting an interchange on the

13  Wekiva Parkway shall adopt an interchange land use plan into

14  their comprehensive plans. Each interchange land use plan

15  shall address:  appropriate land uses and compatible

16  development; secondary road access; access management;

17  right-of-way protection; vegetation protection and water

18  conserving landscaping; and the height and appearance of

19  structures and signage. Local governments within which the

20  Wekiva Parkway is planned shall amend their local government

21  comprehensive plan to include the Wekiva Parkway.

22         (2)  Local governments shall amend the appropriate

23  elements of the comprehensive plan, including the capital

24  improvements element, to ensure implementation of the master

25  stormwater management plan.

26         (3)  Local governments shall amend their comprehensive

27  plans to establish land use strategies that optimize open

28  space and promote a pattern of development on a

29  jurisdiction-wide basis that protects the most effective

30  recharge areas, karst features, and sensitive natural habitats

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


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 1  Scrub. Such strategies shall recognize property rights and the

 2  varying circumstances within the Wekiva Study Area, including

 3  rural and urban land use patterns. Local comprehensive plans

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

 5  Water Management District and the Fish and Wildlife

 6  Conservation Commission, recharge areas and sensitive upland

 7  habitats for this purpose. Local governments shall have

 8  flexibility to achieve this objective through comprehensive

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

10         (a)  Coordinated greenway plans;

11         (b)  Dedication of conservation easements;

12         (c)  Land acquisition;

13         (d)  Clustering of development;

14         (e)  Density credits and density incentives which

15  result in permanent protection of open space; and

16         (f)  Low to very low density development.

17         (4)  An up-to-date 10-year water supply facility work

18  plan for building potable water facilities necessary to serve

19  existing and new development and for which the local

20  government is responsible as required by paragraph

21  163.3177(6)(c).

22         (5)  Comprehensive plans and comprehensive plan

23  amendments adopted by the local governments to implement this

24  section shall be reviewed by the Department of Community

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

26  provisions of s. 163.3187(1).

27         (6)  Implementing land development regulations shall be

28  adopted no later than January 1, 2007.

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

30  comprehensive plan amendments required by this act, any local

31  comprehensive plan amendment adopted by a city or county that


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 1  applies to land located within the Wekiva Study Area shall

 2  protect surface and groundwater resources and be reviewed by

 3  the Department of Community Affairs, pursuant to chapter 9J-5,

 4  Florida Administrative Code, using best available data,

 5  including the information presented to the Wekiva River Basin

 6  Coordinating Committee.

 7         369.322  Coordination of land use and water supply

 8  within the Wekiva Study Area.--

 9         (1)  In their review of local government comprehensive

10  plan amendments for property located within the Wekiva Study

11  Area pursuant to s. 163.3184, the Department of Community

12  Affairs and the St. Johns River Water Management District

13  shall assure that amendments that increase development

14  potential demonstrate that adequate potable water consumptive

15  use permit capacity is available.

16         (2)  Local governments located within the Wekiva Study

17  Area shall coordinate with the St. Johns River Water

18  Management District and other public and private utilities, on

19  a countywide or multicounty basis, to implement cooperative

20  solutions for development of alternative water sources

21  necessary to supplement groundwater supplies consistent with

22  the St. Johns River Water Management District Regional Water

23  Supply Plan. 

24         (3)  In recognition of the need to balance resource

25  protection, existing infrastructure and improvements planned

26  or committed as part of approved development, consistent with

27  existing municipal or county comprehensive plans and economic

28  development opportunities, planned community development

29  initiatives that assure protection of surface and groundwater

30  resources while promoting compact, ecologically and

31  economically sustainable growth should be encouraged.  Small


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 1  area studies, sector plans, or similar planning tools should

 2  support these community development initiatives. In addition,

 3  the Department of Community Affairs may make available best

 4  practice guides that demonstrate how to balance resource

 5  protection and economic development opportunities.

 6         369.323  Compliance.--Comprehensive plans and plan

 7  amendments adopted by the local governments within the Wekiva

 8  Study Area to implement this act shall be reviewed for

 9  compliance by the Department of Community Affairs.

10         369.324  Wekiva River Basin Commission.--

11         (1)  The Wekiva River Basin Commission is created to

12  monitor and ensure the implementation of the recommendations

13  of the Wekiva River Basin Coordinating Committee for the

14  Wekiva Study Area. The East Central Florida Regional Planning

15  Council shall provide staff support to the commission with

16  funding assistance from the Department of Community Affairs.

17  The commission shall be comprised of a total of 19 members

18  appointed by the Governor, 9 of whom shall be voting members

19  and 10 shall be ad hoc nonvoting members. The voting members

20  shall include:

21         (a)  One member of each of the Boards of County

22  Commissioners for Lake, Orange, and Seminole Counties.

23         (b)  One municipal elected official to serve as a

24  representative of the municipalities located within the Wekiva

25  Study Area of Lake County.

26         (c)  One municipal elected official to serve as a

27  representative of the municipalities located within the Wekiva

28  Study Area of Orange County.

29         (d)  One municipal elected official to serve as a

30  representative of the municipalities located within the Wekiva

31  Study Area of Seminole County.


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 1         (e)  One citizen representing an environmental or

 2  conservation organization, one citizen representing a local

 3  property owner, a land developer, or an agricultural entity,

 4  and one at-large citizen who shall serve as chairman of the

 5  council.

 6         (f)  The ad hoc nonvoting members shall include one

 7  representative from each of the following entities:

 8         1.  St. Johns River Management District.

 9         2.  Department of Community Affairs.

10         3.  Department of Environmental Protection.

11         4.  Department of Health.

12         5.  Department of Agriculture and Consumer Services.

13         6.  Fish and Wildlife Conservation Commission.

14         7.  Department of Transportation.

15         8.  MetroPlan Orlando.

16         9.  Orlando-Orange County Expressway Authority.

17         10.  Seminole County Expressway Authority.

18         (2)  Voting members shall serve 3-year, staggered

19  terms, and shall serve without compensation but shall serve at

20  the expense of the entity they represent.

21         (3)  Meetings of the commission shall be held in Lake,

22  Orange, or Seminole county at the call of the chairman, but

23  shall meet at least twice a year.

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

25  Coast Regional Planning Council, in coordination with the

26  applicable regional and state agencies, shall serve as a

27  clearinghouse of baseline or specialized studies through

28  modeling and simulation, including collecting and

29  disseminating data on the demographics, economics, and the

30  environment of the Wekiva Study Area including the changing

31  conditions of the Wekiva River surface and groundwater basin


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 1  and associated influence on the Wekiva River and the Wekiva

 2  Springs.

 3         (5)  The commission shall report annually, no later

 4  than December 31 of each year, to the Governor, the President

 5  of the Senate, the Speaker of the House of Representatives,

 6  and the Department of Community Affairs on implementation

 7  progress.

 8         Section 2.  Paragraph (b) of subsection (1) of section

 9  163.3184, Florida Statutes, is amended to read:

10         163.3184  Process for adoption of comprehensive plan or

11  plan amendment.--

12         (1)  DEFINITIONS.--As used in this section, the term:

13         (b)  "In compliance" means consistent with the

14  requirements of ss. 163.3177, 163.31776, when a local

15  government adopts an educational facilities element, 163.3178,

16  163.3180, 163.3191, and 163.3245, with the state comprehensive

17  plan, with the appropriate strategic regional policy plan, and

18  with chapter 9J-5, Florida Administrative Code, where such

19  rule is not inconsistent with this part and with the

20  principles for guiding development in designated areas of

21  critical state concern and with part III of chapter 369, where

22  applicable.

23         Section 3.  Section 348.7546, Florida Statutes, is

24  created to read:

25         348.7546  Wekiva Parkway, construction authorized;

26  financing.--Notwithstanding s. 338.2275, the Orlando-Orange

27  County Expressway Authority is hereby authorized to exercise

28  its condemnation powers, construct, finance, operate, own, and

29  maintain the Wekiva Parkway as part of the authority's

30  long-range capital improvement plan. The "Wekiva Parkway"

31  means any limited access highway or expressway constructed


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 1  between State Road 429 and Interstate 4 specifically

 2  incorporating the corridor alignment recommended by

 3  Recommendation 2 of the Wekiva River Basin Area Task Force

 4  final report dated January 15, 2003, and the recommendations

 5  of the SR 429 Working Group that were adopted January 16,

 6  2004. This project may be financed with any funds available to

 7  the authority for such purpose or revenue bonds issued by the

 8  authority under s. 11, Article VII of the State Constitution

 9  and s. 348.755(1)(b).

10         Section 4.  Section 348.7547, Florida Statutes, is

11  created to read:

12         348.7547  Maitland Boulevard Extension and Northwest

13  Beltway Part A Realignment construction authorized;

14  financing.--Notwithstanding s. 338.2275, the Orlando-Orange

15  County Expressway Authority is hereby authorized to exercise

16  its condemnation powers, construct, finance, operate, own, and

17  maintain the portion of State Road 414 know as the Maitland

18  Boulevard Extension and the realigned portion of the Northwest

19  Beltway Part A as part of the authority's long-range capital

20  improvement plan. The Maitland Boulevard Extension will extend

21  from the current terminus of State Road 414 at U.S. 441 west

22  to State Road 429 in west Orange County. The realigned portion

23  of the Northwest Beltway Part A will run from the point at or

24  near where the Maitland Boulevard Extension will connect with

25  State Road 429 and will proceed to the west and then north

26  resulting in the northern terminus of State Road 429 moving

27  farther west before reconnecting with U.S. 441. However, under

28  no circumstances shall the realignment of the Northwest

29  Beltway Part A conflict or contradict with the alignment of

30  the Wekiva Parkway as defined in s. 348.7546. This project may

31  be financed with any funds available to the authority for such


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 1  purpose or revenue bonds issued by the authority under s. 11,

 2  Article VII of the State Constitution and s. 348.755(1)(b).

 3         Section 5.  This act shall take effect July 1, 2004.

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