Senate Bill sb2804

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    Florida Senate - 2004                                  SB 2804

    By Senator Dockery





    15-1362-04

  1                      A bill to be entitled

  2         An act relating to greenways and trails;

  3         amending s. 260.012, F.S.; revising legislative

  4         intent with respect to the development and

  5         completion of the Florida National Scenic

  6         Trail; amending s. 260.0125, F.S.; providing

  7         that certain facilities open to the public

  8         which are designated as part of the state trail

  9         system covered by the state's liability

10         protection; providing exceptions; requiring a

11         private landowner's written authorization to

12         the Department of Environmental Protection for

13         public access to land that has been designated;

14         amending s. 260.013, F.S.; revising

15         definitions; amending s. 260.0141, F.S.;

16         deleting provisions authorizing certain

17         acquisitions; amending s. 260.0142, F.S.;

18         revising the powers and duties of the Florida

19         Greenways and Trails Council; amending s.

20         260.015, F.S.; removing obsolete provisions

21         relating to the acquisition of land; amending

22         s. 260.016, F.S.; revising the general powers

23         of the Department of Environmental Protection

24         relating to greenways and trails; creating s.

25         260.020, F.S.; providing legislative intent to

26         encourage state and local agencies to assist

27         public and private entities in securing public

28         access to linear corridors that are suitable

29         for trails; establishing the Conserve by

30         Bicycling Program within the Department of

31         Transportation; requiring the Department of

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 1         Transportation to conduct a study and complete

 2         a report by a specified date; amending s.

 3         373.199, F.S.; requiring the water management

 4         districts to include information about the

 5         Florida National Scenic Trail in the 5-year

 6         work plans; amending s. 378.036, F.S.; defining

 7         the term "lands mined for phosphate" for

 8         purposes of land acquisitions financed by the

 9         Nonmandatory Land Reclamation Trust Fund;

10         providing that the corporation formed by the

11         Florida Wildlife Federation, Audubon Florida,

12         and the Rails-to-Trails Conservancy is a

13         nonprofit organization under federal law;

14         specifying how the funds appropriated by the

15         Legislature may be spent; exempting the

16         corporation from certain state competitive

17         bidding requirements for certain services;

18         amending s. 380.503, F.S.; redefining the term

19         "nonprofit organization" as it relates to the

20         Florida Communities Trust Act; amending s.

21         380.507, F.S.; including the Florida National

22         Scenic Trail within the projects funded by the

23         trust; providing an effective date.

24  

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

26  

27         Section 1.  Subsections (1), (2), and (6) of section

28  260.012, Florida Statutes, are amended to read:

29         260.012  Declaration of policy and legislative

30  intent.--

31  

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    Florida Senate - 2004                                  SB 2804
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 1         (1)  In order to recognize the benefits of the outdoor

 2  areas of Florida, and in order to conserve, develop, and use

 3  the natural resources of this state for healthful and

 4  recreational purposes, it is declared to be the public policy

 5  of this state and the purpose of ss. 260.011-260.018 to

 6  provide the means and procedures for establishing and

 7  expanding a statewide system of greenways and trails for

 8  recreational and conservation purposes and which shall be

 9  designated as the "Florida Greenways and Trails System." The

10  standards by which the greenways and trails system shall be

11  acquired, designated, administered, maintained, used, and

12  expanded shall be consistent with the provisions of ss.

13  260.011-260.018. It is the intent of the Legislature that

14  these greenways and trails will serve to implement the

15  concepts of ecosystems management while providing, where

16  appropriate, recreational opportunities, including, but not

17  limited to, equestrian activities horseback riding, hiking,

18  bicycling, canoeing, jogging, and historical and

19  archaeological interpretation, thereby improving the health

20  and welfare of the people.

21         (2)  It is the intent of the Legislature that a

22  statewide system of greenways and trails be established to

23  provide open space benefiting environmentally sensitive lands

24  and wildlife and providing people with access to healthful

25  outdoor activities.  It is also the intent of the Legislature

26  to acquire or designate lands and waterways to facilitate the

27  establishment of a statewide system of greenways and trails;

28  to encourage the multiple use of public rights-of-way and use

29  to the fullest extent existing and future scenic roads,

30  highways, park roads, parkways, greenways, trails, and

31  national recreational trails; to encourage the development of

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 1  greenways and trails by counties, cities, and special

 2  districts, and nongovernmental organizations to assist in such

 3  development by any means available; to coordinate greenway and

 4  trail plans and development by local governments with one

 5  another and with the state government and Federal Government;

 6  to encourage, whenever possible, the development of greenways

 7  and trails on federal lands by the Federal Government; and to

 8  encourage the owners of private lands to protect the existing

 9  ecological, historical, and cultural values of their lands,

10  including those values derived from working landscapes.

11         (6)  It is the intent of the Legislature to officially

12  recognize the Florida National Scenic Trail as Florida's

13  official statewide nonmotorized trail from the Florida

14  Panhandle to the Everglades and the Florida Keys, an

15  approximate length of more than 1,400 miles. The Legislature

16  recognizes the major contributions made in furtherance of the

17  establishment of the Florida National Scenic Trail by the

18  United States Government, including significant funding, and

19  the efforts of private landowners, state government, and

20  not-for-profit entities, such as the Florida Trail

21  Association. The Legislature also recognizes the significant

22  economic benefit of natural resources based on recreation and

23  its contributions to the state's economy which arise from the

24  creation and completion of the trail. In order to further its

25  commitment to the residents of this state and the United

26  States Government to complete the establishment of the trail

27  in a permanent location, it is also the intent of the

28  Legislature to:

29         (a)  Encourage all state, regional, and local agencies

30  who acquire lands to include in their land-buying efforts the

31  acquisition of sufficient legal interest in the lands over

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    Florida Senate - 2004                                  SB 2804
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 1  which the trail passes to ensure its continued existence in a

 2  permanent location.

 3         (b)  Officially recognize the route of the trail for

 4  establishment and acquisition purposes as determined by the

 5  United States Department of Agriculture Forest Service,

 6  assisted by the Florida Trail Association, in the publication

 7  entitled "Preferred Routing for the Florida National Scenic

 8  Trail."

 9         (c)  Encourage the state land-buying programs to

10  consider the trail a single project with multiple phases for

11  the purpose of listing and acquisition, with the assistance of

12  the Florida Trail Association and the Office of Greenways and

13  Trails.

14         (d)  Give positive consideration to the inclusion of

15  private funds used to supplement the state's contribution in

16  its efforts to acquire fee, or less-than-fee interests, in

17  lands that contain designated portions of the trail.

18         (e)  Encourage private landowners to continue to allow

19  the use of their properties for trail purposes through

20  existing and future incentives and liability protection.

21         (f)  Encourage state and local agencies that are

22  responsible for economic and ecotourism development to

23  recognize the importance of the trail in bringing nature-based

24  tourism to many local communities along the trail route and to

25  support acquisition and development activities for completion

26  of the trail in a permanent location.

27         Section 2.  Subsection (3) of section 260.0125, Florida

28  Statutes, is amended, and subsection (8) is added to that

29  section, to read:

30  

31  

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    Florida Senate - 2004                                  SB 2804
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 1         260.0125  Limitation on liability of private landowners

 2  whose property is designated as part of the statewide system

 3  of greenways and trails.--

 4         (3)(a)  The provisions of subsection (1) shall not

 5  apply if there is any charge made or usually made by the

 6  landowner for entering or using the land designated as a

 7  greenway or trail, or any part thereof, or if any commercial

 8  or other activity whereby profit is derived by the landowner

 9  from the patronage of the general public is conducted on the

10  land so designated or any part thereof. Because of the

11  difficulty in operating an off-highway vehicle facility and

12  the need for such facilities to be included as part of the

13  state trail system, the exception in this subsection does not

14  apply to anyone who owns or operates an off-highway vehicle

15  facility that is designated as part of the state trail system

16  and is open to the public, unless a fee is charged for a

17  special event or to maintain the financial viability of the

18  operation of the facility.

19         (b)  Incentives granted by any unit of government to

20  the private landowner, including tax incentives, grants, or

21  other financial consideration specific to the development or

22  management of designated greenways and trails, shall not be

23  construed as a charge for use or profit derived from patronage

24  for purposes of this subsection and shall not be construed as

25  monetary or material compensation for purposes of subsection

26  (2).

27         (8)  When the department determines that public access

28  is appropriate for greenways and trails on private lands,

29  written authorization must be granted by the landowner to the

30  department permitting public access to all or a specified part

31  of the landowner's property. The department's determination

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 1  shall be noticed under s. 120.525, and the department shall

 2  also notify the private landowner by certified mail at least 7

 3  days before any public meeting regarding the intent to

 4  designate.

 5         Section 3.  Subsections (3), (4), and (5) of section

 6  260.013, Florida Statutes, are amended to read:

 7         260.013  Definitions.--As used in ss. 260.011-260.018,

 8  unless the context otherwise requires:

 9         (3)  "Designation" means the identification and

10  inclusion of specific lands and waterways as part of the

11  statewide system of greenways and trails pursuant to a formal

12  public process, including the specific written consent of the

13  landowner. When the department determines that public access

14  is appropriate for greenways and trails, written authorization

15  must be granted by the landowner to the department permitting

16  public access to all or a specified part of the landowner's

17  property. The department's determination shall be noticed

18  pursuant to s. 120.525, and the department shall also notify

19  the landowner by certified mail at least 7 days before any

20  public meeting regarding the intent to designate.

21         (4)  "Greenway" means a linear open space established

22  along either a natural corridor, such as a riverfront, stream

23  valley, or ridgeline, or over land along a railroad

24  right-of-way converted to recreational use, a canal, a scenic

25  road, or other route; any natural or landscaped course for

26  nonmotorized recreation pedestrian or bicycle passage; an open

27  space connector linking parks, nature reserves, cultural

28  features, or historic sites with each other and populated

29  areas; or a local strip or linear park designated as a parkway

30  or greenbelt.

31  

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 1         (5)  "Office of Greenways and Trails" means the Office

 2  of Greenways and Trails of the Department of Environmental

 3  Protection.

 4         (6)(5)  "Trails" means linear corridors and any

 5  adjacent support parcels on land or water providing public

 6  access for recreation or authorized alternative modes of

 7  transportation.

 8         Section 4.  Section 260.0141, Florida Statutes, is

 9  amended to read:

10         260.0141  Greenways and Trails Program.--There is

11  established within the department the "Florida Greenways and

12  Trails Program," the purpose of which is to facilitate the

13  establishment of a statewide system of greenways and trails.

14  Such greenways and trails shall be acquired pursuant to this

15  act. Planning materials, maps, data, and other information

16  developed or used in the program shall not be construed as

17  designation of lands as part of the statewide system of

18  greenways and trails. Identification of lands in such

19  information shall not:

20         (1)  Require or empower any unit of local or regional

21  government, or any state agency, to impose additional or more

22  restrictive environmental, land-use, or zoning regulations;

23         (2)  Be construed or cited as authority to adopt,

24  enforce, or amend any environmental rule or regulation;

25  comprehensive plan goals, policies, or objectives; or zoning

26  or land-use ordinance;

27         (3)  Be used as the basis for permit denial; imposition

28  of any permit condition; or application of any rule,

29  regulation, or ordinance by any subdivision of local,

30  regional, or state government; or

31  

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 1         (4)  Be construed or cited as authority by any

 2  governmental agency to reduce or restrict the rights of owners

 3  of lands so identified.

 4         Section 5.  Section 260.0142, Florida Statutes, is

 5  amended to read:

 6         260.0142  Florida Greenways and Trails Council;

 7  composition; powers and duties.--

 8         (1)  There is hereby created within the department of

 9  Environmental Protection the Florida Greenways and Trails

10  Council which shall advise the department in the execution of

11  the department's powers and duties under this chapter. The

12  council shall be composed of 21 members, consisting of:

13         (a)  Five members appointed by the Governor, with two

14  members representing the trail user community, two members

15  representing the greenway user community, and one member

16  representing private landowners. Of the initial appointments,

17  two shall be appointed for 2-year terms and three shall be

18  appointed for 1-year terms.  Subsequent appointments shall be

19  for 2-year terms.

20         (b)  Three members appointed by the President of the

21  Senate, with one member representing the trail user community

22  and two members representing the greenway user community.  Of

23  the initial appointments, two shall be appointed for 2-year

24  terms and one shall be appointed for a 1-year term. Subsequent

25  appointments shall be for 2-year terms.

26         (c)  Three members appointed by the Speaker of the

27  House of Representatives, with two members representing the

28  trail user community and one member representing the greenway

29  user community.  Of the initial appointments, two shall be

30  appointed for 2-year terms and one shall be appointed for a

31  

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 1  1-year term.  Subsequent appointments shall be for 2-year

 2  terms.

 3  

 4  Those eligible to represent the trail user community shall be

 5  chosen from, but not be limited to, paved trail users, hikers,

 6  off-road bicyclists, users of off-highway vehicles, paddlers,

 7  equestrians, disabled outdoor recreational users, and

 8  commercial recreational interests. Those eligible to represent

 9  the greenway user community shall be chosen from, but not be

10  limited to, conservation organizations, nature study

11  organizations, and scientists and university experts.

12         (d)  The 10 remaining members shall include:

13         1.  The Secretary of Environmental Protection or a

14  designee;

15         2.  The executive director of the Fish and Wildlife

16  Conservation Commission or a designee;

17         3.  The Secretary of Community Affairs or a designee;

18         4.  The Secretary of Transportation or a designee;

19         5.  The Director of the Division of Forestry of the

20  Department of Agriculture and Consumer Services or a designee;

21         6.  The director of the Division of Historical

22  Resources of the Department of State or a designee;

23         7.  A representative of the water management districts

24  who shall be appointed to a 2-year term serve for 1 year.

25  Membership on the council shall rotate among the five

26  districts. The districts shall determine the order of

27  rotation;

28         8.  A representative of a federal land management

29  agency.  The Secretary of Environmental Protection shall

30  identify the appropriate federal agency and request

31  

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 1  designation of a representative from the agency to serve on

 2  the council;

 3         9.  A representative of the regional planning councils

 4  to be appointed by the Secretary of Environmental Protection,

 5  in consultation with the Secretary of Community Affairs.

 6  Membership on the council shall rotate among the seven

 7  councils. The councils shall determine the order of rotation,

 8  for a single 2-year term. The representative shall not be

 9  selected from the same regional planning council for

10  successive terms; and

11         10.  A representative of local governments to be

12  appointed by the Secretary of Environmental Protection, in

13  consultation with the Secretary of Community Affairs, for a

14  single 2-year term.  Membership shall alternate between a

15  county representative and a municipal representative.

16         (2)  The department shall provide necessary staff

17  assistance to the council.

18         (3)  Each appointee shall be appointed to a 2-year term

19  unless otherwise specified. The appointees of the Governor,

20  the President of the Senate, and the Speaker of the House of

21  Representatives may be reappointed for no more than four

22  consecutive terms. The representative of the water management

23  districts, regional planning councils, and local governments

24  may be reappointed for no more than two consecutive terms. The

25  council is authorized to contract for and to accept gifts,

26  grants, or other aid from the United States Government or any

27  person or corporation.

28         (4)  The duties of the council shall include, but not

29  be limited to, the following:

30         (a)  Advise the Department of Environmental Protection,

31  the Department of Community Affairs, the Department of

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 1  Transportation, the Fish and Wildlife Conservation Commission,

 2  the Division of Forestry of the Department of Agriculture and

 3  Consumer Services, the water management districts, and the

 4  regional planning councils on policies relating to the Florida

 5  Greenways and Trails System, and promote intergovernmental

 6  cooperation;

 7         (a)(b)  Facilitate a statewide system of interconnected

 8  landscape linkages, conservation corridors, greenbelts,

 9  recreational corridors and trails, scenic corridors,

10  utilitarian corridors, reserves, regional parks and preserves,

11  ecological sites, and cultural/historic/recreational sites,

12  using;

13         (c)  Facilitate a statewide system of interconnected

14  land-based trails that connect urban, suburban, and rural

15  areas of the state and facilitate expansion of the statewide

16  system of freshwater and saltwater paddling trails;

17         (b)(d)  Recommend priorities for critical links in the

18  Florida Greenways and Trails System;

19         (c)(e)  Review recommendations of the Office of

20  Greenways and Trails applications for acquisition funding

21  under the Florida Greenways and Trails Program and recommend

22  to the Secretary of Environmental Protection which projects

23  should be acquired;

24         (f)  Provide funding recommendations to agencies and

25  organizations regarding the acquisition, development, and

26  management of greenways and trails, including the promotion of

27  private landowner incentives;

28         (d)(g)  Review designation proposals for inclusion in

29  the Florida Greenways and Trails System;

30  

31  

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 1         (h)  Provide advocacy and education to benefit the

 2  statewide system of greenways and trails by encouraging

 3  communication and conferencing;

 4         (e)(i)  Encourage public-private partnerships to

 5  develop and manage greenways and trails;

 6         (f)(j)  Review progress toward meeting established

 7  benchmarks and recommend appropriate action;

 8         (g)(k)  Make recommendations for updating and revising

 9  the implementation plan for the Florida Greenways and Trails

10  System;

11         (l)  Advise the Land Acquisition and Management

12  Advisory Council or its successor to ensure the incorporation

13  of greenways and trails in land management plans on lands

14  managed by the Department of Environmental Protection, the

15  Fish and Wildlife Conservation Commission, the Division of

16  Historical Resources of the Department of State, and the

17  Division of Forestry of the Department of Agriculture and

18  Consumer Services;

19         (m)  Provide advice and assistance to the Department of

20  Transportation and the water management districts regarding

21  the incorporation of greenways and trails into their planning

22  efforts;

23         (n)  Encourage land use, environmental, and coordinated

24  linear infrastructure planning to facilitate the

25  implementation of local, regional, and statewide greenways and

26  trails systems;

27         (h)(o)  Promote greenways and trails support

28  organizations; and

29         (i)(p)  Support the Florida Greenways and Trails System

30  through intergovernmental coordination, budget

31  

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 1  recommendations, advocacy, education, and in any other

 2  appropriate way.

 3         (5)  The council shall establish procedures for

 4  conducting its affairs in execution of the duties and

 5  responsibilities stated in this section, which operating

 6  procedures shall include determination of a council chair and

 7  other appropriate operational guidelines. The council shall

 8  meet at the call of the chair, or at such times as may be

 9  prescribed by its operating procedures.  The council may

10  establish committees to conduct the work of the council and

11  the committees may include nonmembers as appropriate.

12         (6)  A vacancy on the council shall be filled for the

13  remainder of the unexpired term in the same manner as the

14  original appointment.  Members whose terms have expired may

15  continue to serve until replaced or reappointed. No member

16  shall serve on the council for more than two consecutive

17  terms.

18         (7)  Members of the council may shall not receive any

19  compensation for their services but are shall be entitled to

20  receive reimbursement for per diem and travel expenses

21  incurred in the performance of their duties, as provided in s.

22  112.061.

23         Section 6.  Paragraph (c) of subsection (1) of section

24  260.015, Florida Statutes, is amended to read:

25         260.015  Acquisition of land.--

26         (1)  The department is authorized to acquire by gift or

27  purchase the fee simple absolute title or any lesser interest

28  in land, including easements, for the purposes of ss.

29  260.011-260.018 pursuant to the provisions of chapter 375,

30  except that:

31  

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 1         (c)  Projects acquired under this chapter shall not be

 2  subject to the evaluation and selection procedures of s.

 3  259.035, regardless of the estimated value of such projects.

 4  All projects shall be acquired in accordance with the

 5  acquisition procedures of chapter 259, except that the

 6  department may use the appraisal procedure used by the

 7  Department of Transportation to acquire transportation

 8  rights-of-way.  When a parcel is estimated to be valued at

 9  $100,000 or less and the department finds that the costs of

10  obtaining an outside appraisal are not justified, an appraisal

11  prepared by the department may be used.

12         Section 7.  Subsections (1) and (2) of section 260.016,

13  Florida Statutes, are amended to read:

14         260.016  General powers of the department.--

15         (1)  The department may:

16         (a)  Publish and distribute appropriate maps of

17  designated greenways and trails. The description shall include

18  a generalized map delineating the area designated, location of

19  suitable ingress and egress sites, as well as other points of

20  interest to enhance the recreational opportunities of the

21  public.

22         (b)  Establish access routes and related public-use

23  facilities along greenways and trails which will not

24  substantially interfere with the nature and purposes of the

25  greenway or trail.

26         (b)(c)  Adopt appropriate rules to implement or

27  interpret this act and portions of chapter 253 relating to

28  greenways and trails, which may include, but are not limited

29  to, rules for the following:

30         1.  Establishing a designation process.

31  

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 1         2.  Negotiating and executing agreements with private

 2  landowners.

 3         3.  Establishing prohibited activities or restrictions

 4  on activities to protect the health, safety, and welfare of

 5  the public.

 6         4.  Charging fees for use.

 7         5.  Providing public access.

 8         6.  Providing for maintenance.

 9         7.  Any matter necessary to the evaluation, selection,

10  operation, and maintenance of greenways and trails.

11  

12  Any person who violates or otherwise fails to comply with the

13  rules adopted pursuant to subparagraph 3. commits a

14  noncriminal infraction for which a fine of up to $500 may be

15  imposed.

16         (c)(d)  Coordinate the activities of all governmental

17  units and bodies and special districts that desire to

18  participate in the development and implementation of the

19  Florida Greenways and Trails System.

20         (d)(e)  Establish, develop, and publicize greenways and

21  trails in a manner that will permit public recreation when

22  appropriate without damaging natural resources. The Big Bend

23  Historic Saltwater Paddling Trail from the St. Marks River to

24  Yankeetown is hereby designated as part of the Florida

25  Greenways and Trails System.  Additions to this trail may be

26  added by the Legislature or the department from time to time

27  as part of the a statewide saltwater circumnavigation trail.

28         (e)(f)  Enter into agreements with any federal, state,

29  or local governmental agency, or any other entity for the

30  management of greenways and trails for recreation and

31  conservation purposes consistent with the intent of this

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 1  chapter. Such entities must demonstrate their capabilities of

 2  management for the purposes defined in ss. 260.011-260.018.

 3         (f)(g)  Charge reasonable fees or rentals for the use

 4  or operation of facilities and concessions.  All such fees,

 5  rentals, or other charges collected shall be deposited in the

 6  account or trust fund of the managing entity.

 7         (g)(h)  Receive or accept from any legal source, grants

 8  for the purpose of providing or improving public greenways and

 9  trails, and the department is authorized to disburse funds as

10  pass-through grants to federal, state, or local government

11  agencies, recognized tribal units, or to nonprofit entities

12  created for this purpose. The department has authority to

13  adopt rules pursuant to ss. 120.536(1) and 120.54 to implement

14  the provisions of this subsection. Such rules shall provide,

15  but are not limited to, the following: procedures for grant

16  administration and accountability; eligibility, selection

17  criteria; maximum grant amounts and number of pending grants;

18  dedication requirements; and conversion procedures and

19  requirements.

20         (2)  The department shall:

21         (a)  Evaluate lands for the acquisition of greenways

22  and trails and compile a list of suitable corridors,

23  greenways, and trails, ranking them in order of priority for

24  proposed acquisition. The department shall devise a method of

25  evaluation which includes, but is not limited to, the

26  consideration of the importance and function of such corridors

27  within the statewide system as reflected on the opportunity

28  maps and landowners' willingness to negotiate.

29         (b)  Maintain an updated list of abandoned and

30  to-be-abandoned railroad rights-of-way.

31  

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 1         (c)  Provide information to public and private agencies

 2  and organizations on abandoned rail corridors which are or

 3  will be available for acquisition from the railroads or for

 4  lease for interim recreational use from the Department of

 5  Transportation.

 6         (d)  Develop and implement a process for designation of

 7  lands and waterways as a part of the statewide system of

 8  greenways and trails, which shall include:

 9         1.  Development and dissemination of criteria for

10  designation.

11         2.  Development and dissemination of criteria for

12  changes in the terms or conditions of designation, including

13  withdrawal or termination of designation. A landowner may have

14  his or her lands removed from designation by providing the

15  department with a written request that contains an adequate

16  description of such lands to be removed. Provisions shall be

17  made in the designation agreement for disposition of any

18  future improvements made to the land by the department.

19         3.  Public notice pursuant to s. 120.525 in all phases

20  of the process.

21         4.  Written authorization from the landowner in the

22  form of a lease or other instrument for the designation and

23  granting of public access, if appropriate, to a landowner's

24  property.

25         5.  A greenway or trail use plan as a part of the

26  designation agreement which shall, at a minimum, describe the

27  types and intensities of uses of the property.

28         (e)  Implement the plan for the Florida Greenways and

29  Trails System as adopted by the Florida Greenways Coordinating

30  Council on September 11, 1998.

31  

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 1         Section 8.  Section 260.020, Florida Statutes, is

 2  created to read:

 3         260.020  Colocating of trails.--The Legislature

 4  recognizes the importance of the colocation of multiuse

 5  recreational trails within appropriate linear corridors

 6  throughout the state which are presently, or in the future,

 7  the location of various facilities used to supply the public

 8  with electricity, natural gas, water, sewers, drainage, flood

 9  control, fiber optic lines, roadways, and other services. It

10  is the intent of the Legislature to encourage all state and

11  local agencies to assist various public and private entities

12  in securing public access to the linear corridors that are

13  suitable for trails, including, but not limited to: funding

14  the acquisition of colocation easements; assisting in the

15  design, construction, and maintenance of trails constructed in

16  the linear corridors; allowing consideration of the colocation

17  of trails as part of mitigation plans in the permitting

18  processes once natural systems are protected and department

19  uniform mitigation rules are met; and giving full

20  consideration to the public nature of these colocated trails

21  in proceedings under ss. 403.501-403.518, the Florida

22  Electrical Power Plant Siting Act, ss. 403.52-403.5365, the

23  Transmission Siting Act; and ss. 403-9401-403.9425, the

24  Natural Gas Transmission Siting Act.

25         Section 9.  There is created within the Department of

26  Transportation the "Conserve by Bicycling Program."

27         (1)  The goal of the Conserve by Bicycling Program is

28  to:

29         (a)  Save energy by increasing the number of miles

30  ridden by bicycles, hence reducing the usage of petroleum

31  based fuels.

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 1         (b)  Increase efficiency of cycling as a transportation

 2  mode by improving interconnectivity.

 3         (c)  Reduce traffic congestion on existing roads.

 4         (d)  Provide recreational opportunities for this

 5  state's residents and visitors.

 6         (e)  Provide healthy alternatives to help reduce the

 7  trend toward obesity and long-term health costs.

 8         (f)  Provide safe ways for children to travel from home

 9  to school by supporting the Safe Paths to Schools Program.

10         (2)  In order to help accomplish these goals, the

11  department shall conduct a Conserve by Bicycling study that

12  shall include a determination of the following:

13         (a)  Those instances in which energy savings can be

14  realized if more and safer bicycle facilities are created

15  which will reduce motorized use in the area;

16         (b)  How the shift in road capacity may be realized in

17  true energy and cost savings;

18         (c)  Those cases in which the use of education and

19  marketing programs may convert motor vehicle trips to bicycle

20  trips;

21         (d)  How, and under what circumstances, the

22  construction of bicycling facilities can provide more

23  opportunities for recreation and exercise, which may lead to a

24  reduction of health risks associated with a sedentary

25  lifestyle;

26         (e)  How the Safe Paths to Schools Program and other

27  similar programs may reduce school-related commuter traffic,

28  which will result in energy and roadway savings as well as

29  improve the health or children throughout the state; and

30  

31  

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 1         (f)  How partnerships can be created among interested

 2  parties in the following areas to achieve a better chance of

 3  success for the program:

 4         1.  Transportation;

 5         2.  Law enforcement;

 6         3.  Education;

 7         4.  Public health;

 8         5.  Environment; and

 9         6.  Energy conservation.

10         (3)  The study shall produce measurable criteria than

11  can be used by the department to determine where and under

12  what circumstances the construction of bicycling facilities

13  will reduce energy consumption and the need and cost of

14  roadway capacity, as well as realizing the associated health

15  benefits.

16         (4)  The department shall conduct the study with the

17  assistance of the State Bicycle/Pedestrian Coordinator,

18  metropolitan planning organizations, the Office of Greenways

19  and Trails of the Department of Environmental Protection, and

20  the Department of Health and the department is encouraged to

21  hire consultants to participate in portions of the study from

22  the following organizations;

23         (a)  The Florida Bicycle Association;

24         (b)  The Rails-to-Trails Conservancy;

25         (c)  THe American Heart Association; and

26         (d)  The American Lung Association.

27         (5)  The study shall be completed and copies forwarded

28  to the Governor, the President of the Senate, the Speaker of

29  the House of Representatives, and the secretaries of the

30  Departments of Transportation, Environmental Protection, and

31  the Department of Health by July 1, 2006.

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 1         Section 10.  Paragraph (k) of subsection (4) of section

 2  373.199, Florida Statutes, is amended to read:

 3         373.199  Florida Forever Water Management District Work

 4  Plan.--

 5         (4)  The list submitted by the districts shall include,

 6  where applicable, the following information for each project:

 7         (k)  An identification of the proposed public access

 8  for projects with land acquisition components, including the

 9  Florida National Scenic Trail.

10         Section 11.  Subsection (6) of section 378.036, Florida

11  Statutes, is amended to read:

12         378.036  Land acquisitions financed by Nonmandatory

13  Land Reclamation Trust Fund moneys.--

14         (6)(a)  By January 1, 2004, or within 6 months

15  following the date funds become available from the

16  Legislature, whichever is later, The Florida Wildlife

17  Federation, Audubon Florida, and Rails-to-Trails Conservancy

18  in partnership with the Florida Phosphate Council are

19  authorized to form a nonprofit corporation under pursuant to

20  chapter 617 for the purpose of implementing this section by

21  creating plans and assisting in the development of public

22  recreational opportunities on lands mined for phosphate in the

23  state. The term "lands mined for phosphate" include those

24  lands adjacent to and connecting mined lands. The first plans

25  must concentrate on recreational activities in Hardee and

26  Hamilton Counties which will assist them in rural economic

27  development. The corporation is exempt from sales tax under

28  state law regardless of its status under s. 501(c) of the

29  United States Internal Revenue Code and is considered a s.

30  501(c)(3) nonprofit corporation for all state and local

31  requirements.

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 1         (b)  The board of directors of the corporation shall be

 2  composed of three members, one designated by the Florida

 3  Phosphate Council, one as the designee of the Florida Wildlife

 4  Federation, Audubon Florida, and Rails-to-Trails Conservancy,

 5  and the third chosen by the other two designees.

 6         (c)  The business of the corporation shall be conducted

 7  by the board of directors or a chief executive officer as the

 8  board shall see fit in accordance with the provisions of its

 9  articles of incorporation and applicable law. The activities

10  of the corporation shall be coordinated with all landowners

11  who have voluntarily agreed to participate in the process as

12  well as any local government where such lands are recorded.

13         (d)  All of the funds provided in Specific

14  Appropriation 1637A of the General Appropriations Act of 2003

15  and any future appropriations to the corporation of less than

16  $500,000 shall be paid directly to the corporation, without

17  the need for securing grants or advanced-payment approval from

18  the department or the Chief Financial Officer, regardless of

19  previous agreements between the corporation and the

20  department. Funds paid or appropriated to the corporation by

21  the state may be expended for any valid purpose of the

22  corporation as established in this section, including, but not

23  limited to, the formation and management of the corporation,

24  securing the services of experts and consultants, conducting

25  audits, developing engineering plans, assisting in obtaining

26  permits and approvals from governmental agencies, as well as

27  other actions that further the goals of the corporation in

28  creating plans and assisting in the development of

29  recreational opportunities on lands mined for phosphate in the

30  state. The corporation shall seek the lowest reasonable cost

31  for the delivery of services without sacrificing quality while

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 1  providing for the special needs of the corporation and shall

 2  encourage diversity in hiring and may not discriminate against

 3  any person because of race, age, gender, religion, or national

 4  origin. In following these policies, the corporation is not

 5  required to comply with state competitive bidding requirements

 6  for contacts of less than $100,000 and shall adopt a written

 7  policy describing how services for the corporation will be

 8  secured. An annual report of the activities of the

 9  corporation, including a certified audit, shall be presented

10  to the Secretary of Environmental Protection or his or her

11  designee by October 31 of each year following incorporation.

12  The audit must set forth the manner in which the corporate

13  funds have been spent and an inventory of all corporate

14  physical assets.

15         (e)  The corporation shall dissolve on January 1, 2009,

16  unless dissolved previously by action of its board of

17  directors or extended by the Legislature. Upon dissolution,

18  any moneys remaining in the accounts of the corporation that

19  are unobligated shall be returned to the funds from which they

20  were appropriated in proportion to the amount contributed. All

21  tangible assets of the corporation at dissolution which were

22  acquired using state funding shall become the property of the

23  Department of Environmental Protection.

24         Section 12.  Subsection (5) of section 380.503, Florida

25  Statutes, is amended to read:

26         380.503  Definitions.--As used in ss. 380.501-380.515,

27  unless the context indicates a different meaning or intent:

28         (5)  "Nonprofit organization" means any private

29  nonprofit organization, existing under the provisions of s.

30  501(c)(3) of the United States Internal Revenue Code, which

31  has among its principal goals the conservation of natural

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 1  resources, the establishment of public recreational trails

 2  that are part of the state trail system, or protection of the

 3  environment.

 4         Section 13.  Subsection (4) of section 380.507, Florida

 5  Statutes, is amended to read:

 6         380.507  Powers of the trust.--The trust shall have all

 7  the powers necessary or convenient to carry out the purposes

 8  and provisions of this part, including:

 9         (4)  To acquire and dispose of real and personal

10  property or any interest therein when necessary or appropriate

11  to protect the natural environment, provide public access or

12  public recreational facilities and including the Florida

13  National Scenic Trail, preserve wildlife habitat areas,

14  provide access for managing acquired lands, or otherwise carry

15  out the purposes of this part.  If the trust acquires land for

16  permanent state ownership, title to such land shall be vested

17  in the Board of Trustees of the Internal Improvement Trust

18  Fund; otherwise, title to property acquired in partnership

19  with a county or municipality shall vest in the name of the

20  local government. Notwithstanding any other provision of law,

21  the trust may enter into an option agreement to purchase lands

22  included in projects approved according to this part, when

23  necessary to reserve lands during the preparation of project

24  plans and during acquisition proceedings. The consideration

25  for an option shall not exceed $100,000.

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

27  law.

28  

29  

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Clarifies that the Florida National Scenic Trail is for
      nonmotorized use only, to conform to federal
 4    requirements. Provides that certain facilities open to
      the public which are designated as part of the statewide
 5    system of greenways and trails are under the state's
      liability protection. Requires a private landowner's
 6    written authorization to the Department of Environmental
      Protection for public access to the landowner's land that
 7    has been designated as part of the statewide system of
      greenways and trails. Amends the general powers of the
 8    Department of Environmental Protection relating to
      greenways and trails. Establishes the Conserve by
 9    Bicycling Program within the Department of
      Transportation. Requires the Department of Transportation
10    to conduct a study relating to the Conserve by Bicycling
      Program. Requires the water management districts to
11    include information about the Florida National Scenic
      Trail in their 5-year work plan. Provides that the
12    corporation formed by the Florida Wildlife Federation,
      Audubon Florida, and the Rails-to-Trails Conservancy is a
13    nonprofit organization under federal law. (See bill for
      details.)
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