ENROLLED
       2023 Legislature                                   CS for SB 106
       
       
       
       
       
       
                                                              2023106er
    1  
    2         An act relating to the Florida Shared-Use Nonmotorized
    3         Trail Network; amending s. 260.014, F.S.; authorizing
    4         the Department of Environmental Protection to
    5         establish a program to recognize specified local
    6         communities as trail towns; amending s. 260.0142,
    7         F.S.; increasing the membership of the Florida
    8         Greenways and Trails Council; revising the duties of
    9         the council; defining the term “regionally significant
   10         trails”; amending s. 260.016, F.S.; revising the
   11         general powers of the department to include
   12         development and dissemination of criteria for
   13         prioritization of regionally significant trails within
   14         or connected to the Florida wildlife corridor;
   15         amending s. 288.1226, F.S.; revising the composition
   16         of the board of directors of the Florida Tourism
   17         Industry Marketing Corporation; amending s. 288.923,
   18         F.S.; specifying additional requirements for the
   19         marketing plan of the Division of Tourism Marketing;
   20         amending s. 320.072, F.S.; increasing the amount of
   21         funding the Department of Transportation is required
   22         to use for the Florida Shared-Use Nonmotorized Trail
   23         Network; amending s. 335.065, F.S.; revising the
   24         funding priorities for the Department of
   25         Transportation’s trail projects; amending s. 339.175,
   26         F.S.; revising required components of long-range
   27         transportation plans developed by metropolitan
   28         planning organizations; amending s. 339.81, F.S.;
   29         revising legislative findings and intent; clarifying
   30         the components that make up Florida Shared-Use
   31         Nonmotorized Trail Network; extending the Florida
   32         Shared-Use Nonmotorized Trail Network to lands of the
   33         Florida wildlife corridor; including certain
   34         connecting components as parts of the statewide
   35         network; increasing the amount the Department of
   36         Transportation is required to allocate for purposes of
   37         funding and maintaining projects within the Florida
   38         Shared-Use Nonmotorized Trail Network; requiring the
   39         department to give funding priority to specified trail
   40         projects; requiring the department to construct
   41         projects within the Florida wildlife corridor or on
   42         other specified lands using previously disturbed
   43         lands; requiring the department to coordinate with
   44         other state agencies to ensure recreation and public
   45         access in developing the planning and design of
   46         trails; requiring the department to program projects
   47         in the work program for development of the entire
   48         trail and to minimize creation of gaps between trail
   49         segments; requiring the department to ensure that
   50         local support exists for projects and trail segments;
   51         requiring metropolitan planning organizations or
   52         boards of county commissioners to include trails in
   53         project priorities; requiring the department to create
   54         and erect certain signage; authorizing the department
   55         and local governments to enter into a sponsorship
   56         agreement with certain entities for commercial
   57         sponsorship displays on multiuse trails and related
   58         facilities; requiring the department or local
   59         government to administer a sponsorship agreement and
   60         ensure that a sponsorship agreement complies with
   61         specified requirements; subjecting sponsorship
   62         agreements to specified federal laws and agreements;
   63         providing that no proprietary or compensable interest
   64         in any sign, display site, or location is created;
   65         requiring the Department of Transportation, in
   66         coordination with the Department of Environmental
   67         Protection, to submit a report by a certain date, and
   68         at specified intervals thereafter, to the Governor and
   69         the Legislature summarizing the status of the Florida
   70         Shared-Use Nonmotorized Trail Network; authorizing the
   71         Department of Transportation to include in the report
   72         its recommendations for legislative revisions that
   73         would facilitate connectivity of the statewide
   74         network; requiring that specified items be included in
   75         the report; requiring the department to coordinate
   76         with certain entities regarding certain items in the
   77         report; providing an appropriation; providing for
   78         construction; authorizing the department to take
   79         certain action regarding funding for the trail network
   80         projects in response to appropriations made by the
   81         act; providing an effective date.
   82          
   83  Be It Enacted by the Legislature of the State of Florida:
   84  
   85         Section 1. Section 260.014, Florida Statutes, is amended to
   86  read:
   87         260.014 Florida Greenways and Trails System.—The Florida
   88  Greenways and Trails System shall be a statewide system of
   89  greenways and trails which shall consist of individual greenways
   90  and trails and networks of greenways and trails which may be
   91  designated as a part of the statewide system by the department.
   92  The department may establish a program to recognize local
   93  communities located along or in proximity to one or more long
   94  distance nonmotorized recreational trails as trail towns.
   95  Mapping or other forms of identification of lands and waterways
   96  as suitable for inclusion in the system of greenways and trails,
   97  mapping of ecological characteristics for any purpose, or
   98  development of information for planning purposes shall not
   99  constitute designation. No lands or waterways may be designated
  100  as a part of the statewide system of greenways and trails
  101  without the specific written consent of the landowner.
  102         Section 2. Subsections (1) and (4) of section 260.0142,
  103  Florida Statutes, are amended to read:
  104         260.0142 Florida Greenways and Trails Council; composition;
  105  powers and duties.—
  106         (1) There is created within the department the Florida
  107  Greenways and Trails Council which shall advise the department
  108  in the execution of the department’s powers and duties under
  109  this chapter. The council shall be composed of 21 20 members,
  110  consisting of:
  111         (a)1. Six Five members appointed by the Governor, with two
  112  members representing the trail user community, two members
  113  representing the greenway user community, one member from the
  114  board of the Florida Wildlife Corridor Foundation, and one
  115  member representing private landowners.
  116         2. Three members appointed by the President of the Senate,
  117  with one member representing the trail user community and two
  118  members representing the greenway user community.
  119         3. Three members appointed by the Speaker of the House of
  120  Representatives, with two members representing the trail user
  121  community and one member representing the greenway user
  122  community.
  123  
  124  Those eligible to represent the trail user community shall be
  125  chosen from, but not be limited to, paved trail users, hikers,
  126  off-road bicyclists, users of off-highway vehicles, paddlers,
  127  equestrians, disabled outdoor recreational users, and commercial
  128  recreational interests. Those eligible to represent the greenway
  129  user community must shall be chosen from, but not be limited to,
  130  conservation organizations, nature study organizations, and
  131  scientists and university experts.
  132         (b) The 9 remaining members shall include:
  133         1. The Secretary of Environmental Protection or a designee.
  134         2. The executive director of the Fish and Wildlife
  135  Conservation Commission or a designee.
  136         3. The Secretary of Transportation or a designee.
  137         4. The Director of the Florida Forest Service of the
  138  Department of Agriculture and Consumer Services or a designee.
  139         5. The director of the Division of Historical Resources of
  140  the Department of State or a designee.
  141         6. A representative of the water management districts.
  142  Membership on the council must shall rotate among the five
  143  districts. The districts shall determine the order of rotation.
  144         7. A representative of a federal land management agency.
  145  The Secretary of Environmental Protection shall identify the
  146  appropriate federal agency and request designation of a
  147  representative from the agency to serve on the council.
  148         8. A representative of the regional planning councils to be
  149  appointed by the Secretary of Environmental Protection.
  150  Membership on the council must shall rotate among the seven
  151  regional planning councils. The regional planning councils shall
  152  determine the order of rotation.
  153         9. A representative of local governments to be appointed by
  154  the Secretary of Environmental Protection. Membership must shall
  155  alternate between a county representative and a municipal
  156  representative.
  157         (4) The duties of the council shall include the following:
  158         (a) Facilitate a statewide system of interconnected
  159  landscape linkages, conservation corridors, lands and waters of
  160  the Florida wildlife corridor, greenbelts, recreational
  161  corridors and trails, scenic corridors, utilitarian corridors,
  162  reserves, regional parks and preserves, ecological sites, and
  163  cultural/historic/recreational sites using land-based trails
  164  that connect urban, suburban, and rural areas of the state and
  165  facilitate expansion of the statewide system of freshwater and
  166  saltwater paddling trails.
  167         (b) Recommend priorities for critical links in the Florida
  168  Greenways and Trails System.
  169         (c) Recommend priorities for regionally significant trails
  170  within the Florida Greenways and Trails System for inclusion by
  171  the Department of Transportation in the Florida Shared-Use
  172  Nonmotorized Trail Network as defined by s. 339.81. For purposes
  173  of this section, the term “regionally significant trails” means
  174  trails that cross multiple counties, attract national and
  175  international visitors, and serve as an opportunity for economic
  176  and ecotourism development; showcase the natural value of this
  177  state’s wildlife areas, ecology, and natural resources; and
  178  serve as main corridors for critical links and trail
  179  connectedness across this state.
  180         (d) Review recommendations of the office for acquisition
  181  funding under the Florida Greenways and Trails Program and
  182  recommend to the Secretary of Environmental Protection which
  183  projects should be acquired.
  184         (e)(d) Review designation proposals for inclusion in the
  185  Florida Greenways and Trails System.
  186         (f)(e) Encourage public-private partnerships to develop and
  187  manage greenways and trails.
  188         (g)(f) Review progress toward meeting established
  189  benchmarks and recommend appropriate action.
  190         (h)(g) Make recommendations for updating and revising the
  191  implementation plan for the Florida Greenways and Trails System,
  192  including, but not limited to, recommendations for
  193  prioritization of regionally significant trails within the
  194  Florida Shared-Use Nonmotorized Trail Network.
  195         (i)Coordinate and facilitate land acquisition efforts for
  196  lands to be used, in whole or in part, for regionally
  197  significant trails on the Florida Shared-Use Nonmotorized Trail
  198  Network with the Department of Transportation, the Florida
  199  Forest Service of the Department of Agriculture and Consumer
  200  Services, and other appropriate entities.
  201         (j)(h) Promote greenways and trails support organizations.
  202         (k)(i) Support the Florida Greenways and Trails System
  203  through intergovernmental coordination, budget recommendations,
  204  advocacy, education, and any other appropriate way.
  205         Section 3. Paragraph (d) of subsection (2) of section
  206  260.016, Florida Statutes, is amended to read:
  207         260.016 General powers of the department.—
  208         (2) The department shall:
  209         (d) Develop and implement a process for designation of
  210  lands and waterways as a part of the statewide system of
  211  greenways and trails, which shall include:
  212         1. Development and dissemination of criteria for
  213  designation, including, but not limited to, criteria for
  214  prioritization of regionally significant trails within or
  215  connected to the Florida wildlife corridor as described in s.
  216  259.1055.
  217         2. Development and dissemination of criteria for changes in
  218  the terms or conditions of designation, including withdrawal or
  219  termination of designation. A landowner may have his or her
  220  lands removed from designation by providing the department with
  221  a written request that contains an adequate description of such
  222  lands to be removed. Provisions shall be made in the designation
  223  agreement for disposition of any future improvements made to the
  224  land by the department.
  225         3. Public notice pursuant to s. 120.525 in all phases of
  226  the process.
  227         4. Written authorization from the landowner in the form of
  228  a lease or other instrument for the designation and granting of
  229  public access, if appropriate, to a landowner’s property.
  230         5. A greenway or trail use plan as a part of the
  231  designation agreement which shall, at a minimum, describe the
  232  types and intensities of uses of the property.
  233         Section 4. Subsection (4) of section 288.1226, Florida
  234  Statutes, is amended to read:
  235         288.1226 Florida Tourism Industry Marketing Corporation;
  236  use of property; board of directors; duties; audit.—
  237         (4) BOARD OF DIRECTORS.—The board of directors of the
  238  corporation shall be composed of 32 31 tourism-industry-related
  239  members, appointed by Enterprise Florida, Inc., in conjunction
  240  with the department. Board members shall serve without
  241  compensation, but are entitled to receive reimbursement for per
  242  diem and travel expenses pursuant to s. 112.061. Such expenses
  243  must be paid out of funds of the corporation. The board shall be
  244  composed of all of the following members:
  245         (a) Sixteen members The board shall consist of 16 members,
  246  appointed in such a manner as to equitably represent all
  247  geographic areas of this the state, with no fewer than two
  248  members from any of the following regions:
  249         1. Region 1, composed of Bay, Calhoun, Escambia, Franklin,
  250  Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
  251  Okaloosa, Santa Rosa, Wakulla, Walton, and Washington Counties.
  252         2. Region 2, composed of Alachua, Baker, Bradford, Clay,
  253  Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette,
  254  Levy, Madison, Marion, Nassau, Putnam, St. Johns, Suwannee,
  255  Taylor, and Union Counties.
  256         3. Region 3, composed of Brevard, Indian River, Lake,
  257  Okeechobee, Orange, Osceola, St. Lucie, Seminole, Sumter, and
  258  Volusia Counties.
  259         4. Region 4, composed of Citrus, Hernando, Hillsborough,
  260  Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.
  261         5. Region 5, composed of Charlotte, Collier, DeSoto,
  262  Glades, Hardee, Hendry, Highlands, and Lee Counties.
  263         6. Region 6, composed of Broward, Martin, Miami-Dade,
  264  Monroe, and Palm Beach Counties.
  265         (b) The following industry and organization
  266  representatives: 15 additional tourism-industry-related members
  267  shall include 1 representative from the statewide rental car
  268  industry; 7 representatives from tourist-related statewide
  269  associations, including those that represent hotels,
  270  campgrounds, county destination marketing organizations,
  271  museums, restaurants, retail, and attractions; 3 representatives
  272  from county destination marketing organizations; 1
  273  representative from the cruise industry; 1 representative from
  274  an automobile and travel services membership organization that
  275  has at least 2.8 million members in Florida; 1 representative
  276  from the airline industry; 1 representative from the nature
  277  based tourism industry; and 1 representative from the space
  278  tourism industry, who will each serve for a term of 2 years.
  279         Section 5. Paragraph (c) of subsection (4) of section
  280  288.923, Florida Statutes, is amended to read:
  281         288.923 Division of Tourism Marketing; definitions;
  282  responsibilities.—
  283         (4) The division’s responsibilities and duties include, but
  284  are not limited to:
  285         (c) Developing a 4-year marketing plan.
  286         1. At a minimum, the marketing plan shall discuss the
  287  following:
  288         a. Continuation of overall tourism growth in this state.
  289         b. Expansion to new or under-represented tourist markets.
  290         c. Maintenance of traditional and loyal tourist markets.
  291         d. Coordination of efforts with county destination
  292  marketing organizations, other local government marketing
  293  groups, privately owned attractions and destinations, and other
  294  private sector partners to create a seamless, four-season
  295  advertising campaign for the state and its regions.
  296         e. Development of innovative techniques or promotions to
  297  build repeat visitation by targeted segments of the tourist
  298  population.
  299         f. Consideration of innovative sources of state funding for
  300  tourism marketing.
  301         g. Promotion of nature-based tourism, including, but not
  302  limited to, promotion of the Florida Greenways and Trails System
  303  as described under s. 260.014 and the Florida Shared-Use
  304  Nonmotorized Trail Network as described under s. 339.81 and
  305  heritage tourism.
  306         h. Coordination of efforts with the Office of Greenways and
  307  Trails of the Department of Environmental Protection and the
  308  department to promote and assist local communities, including,
  309  but not limited to, communities designated as trail towns by the
  310  Office of Greenways and Trails, to maximize use of nearby trails
  311  as economic assets, including specific promotion of trail-based
  312  tourism.
  313         i. Promotion of heritage tourism.
  314         j. Development of a component to address emergency response
  315  to natural and manmade disasters from a marketing standpoint.
  316         2. The plan must shall be annual in construction and
  317  ongoing in nature. Any annual revisions of the plan must shall
  318  carry forward the concepts of the remaining 3-year portion of
  319  the plan and consider a continuum portion to preserve the 4-year
  320  timeframe of the plan. The plan also must shall include
  321  recommendations for specific performance standards and
  322  measurable outcomes for the division and direct-support
  323  organization. The department, in consultation with the board of
  324  directors of Enterprise Florida, Inc., shall base the actual
  325  performance metrics on these recommendations.
  326         3. The 4-year marketing plan must shall be developed in
  327  collaboration with the Florida Tourism Industry Marketing
  328  Corporation. The plan must shall be annually reviewed and
  329  approved by the board of directors of Enterprise Florida, Inc.
  330         Section 6. Paragraph (a) of subsection (4) of section
  331  320.072, Florida Statutes, is amended to read:
  332         320.072 Additional fee imposed on certain motor vehicle
  333  registration transactions.—
  334         (4) A tax collector or other authorized agent of the
  335  department shall promptly remit all moneys collected pursuant to
  336  this section, less any refunds granted pursuant to subsection
  337  (3), to the department. The department shall deposit 85.7
  338  percent of such moneys into the State Transportation Trust Fund
  339  and 14.3 percent into the Highway Safety Operating Trust Fund.
  340  Notwithstanding any other law, the moneys deposited into the
  341  State Transportation Trust Fund pursuant to this subsection
  342  shall be used by the Department of Transportation for the
  343  following:
  344         (a) The Florida Shared-Use Nonmotorized Trail Network
  345  established in s. 339.81, $50 million $25 million.
  346         Section 7. Paragraph (a) of subsection (4) of section
  347  335.065, Florida Statutes, is amended to read:
  348         335.065 Bicycle and pedestrian ways along state roads and
  349  transportation facilities.—
  350         (4)(a) The department may use appropriated funds to support
  351  the establishment of a statewide system of interconnected
  352  multiuse trails and to pay the costs of planning, land
  353  acquisition, design, and construction of such trails and related
  354  facilities. The department shall give funding priority to
  355  projects that:
  356         1. Are recommended priorities by the Florida Greenways and
  357  Trails Council as regionally significant trails pursuant to s.
  358  260.0142(4)(c).
  359         3. Are otherwise identified by the Florida Greenways and
  360  Trails Council as a priority for critical linkage and trail
  361  connectedness within the Florida Greenways and Trails System
  362  under chapter 260.
  363         5.2. Support the transportation needs of bicyclists and
  364  pedestrians.
  365         2.3. Have national, statewide, or regional importance.
  366         4. Facilitate an interconnected system of trails by
  367  completing gaps between existing trails.
  368         Section 8. Paragraph (d) of subsection (7) of section
  369  339.175, Florida Statutes, is amended to read:
  370         339.175 Metropolitan planning organization.—
  371         (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
  372  develop a long-range transportation plan that addresses at least
  373  a 20-year planning horizon. The plan must include both long
  374  range and short-range strategies and must comply with all other
  375  state and federal requirements. The prevailing principles to be
  376  considered in the long-range transportation plan are: preserving
  377  the existing transportation infrastructure; enhancing Florida’s
  378  economic competitiveness; and improving travel choices to ensure
  379  mobility. The long-range transportation plan must be consistent,
  380  to the maximum extent feasible, with future land use elements
  381  and the goals, objectives, and policies of the approved local
  382  government comprehensive plans of the units of local government
  383  located within the jurisdiction of the M.P.O. Each M.P.O. is
  384  encouraged to consider strategies that integrate transportation
  385  and land use planning to provide for sustainable development and
  386  reduce greenhouse gas emissions. The approved long-range
  387  transportation plan must be considered by local governments in
  388  the development of the transportation elements in local
  389  government comprehensive plans and any amendments thereto. The
  390  long-range transportation plan must, at a minimum:
  391         (d) Indicate, as appropriate, proposed transportation
  392  enhancement activities, including, but not limited to,
  393  pedestrian and bicycle facilities, trails or facilities that are
  394  regionally significant or critical linkages for the Florida
  395  Shared-Use Nonmotorized Trail Network, scenic easements,
  396  landscaping, historic preservation, mitigation of water
  397  pollution due to highway runoff, and control of outdoor
  398  advertising.
  399  
  400  In the development of its long-range transportation plan, each
  401  M.P.O. must provide the public, affected public agencies,
  402  representatives of transportation agency employees, freight
  403  shippers, providers of freight transportation services, private
  404  providers of transportation, representatives of users of public
  405  transit, and other interested parties with a reasonable
  406  opportunity to comment on the long-range transportation plan.
  407  The long-range transportation plan must be approved by the
  408  M.P.O.
  409         Section 9. Section 339.81, Florida Statutes, is amended to
  410  read:
  411         339.81 Florida Shared-Use Nonmotorized Trail Network.—
  412         (1) The Legislature finds that increasing demands continue
  413  to be placed on the state’s transportation system by a growing
  414  economy, continued population growth, and increasing tourism.
  415  The Legislature also finds that accommodating significant
  416  challenges to providing additional capacity to the conventional
  417  transportation system exist and will require enhanced
  418  accommodation of alternative travel modes to meet the needs of
  419  residents and visitors and providing trails for bicyclist and
  420  pedestrian travel that allows for the appreciation of the
  421  conservation and stewardship of environmentally important lands
  422  in Florida are of significant importance. The Legislature finds
  423  that the investment of the state in the Florida wildlife
  424  corridor as defined in s. 259.1055 is of significant interest to
  425  the public and that the provision of paved multiuse trails
  426  within or between areas of the Florida wildlife corridor would
  427  provide the public the ability to enjoy Florida’s natural
  428  resources and bring ecotourism and economic opportunities to
  429  local trail town communities. The Legislature further finds that
  430  improving bicyclist and pedestrian safety for both residents and
  431  visitors is remains a high priority. Therefore, the Legislature
  432  declares that the development of a nonmotorized trail network
  433  will increase mobility and recreational alternatives for
  434  Florida’s residents and visitors;, enhance economic prosperity;,
  435  enrich quality of life;, enhance safety;, and reflect
  436  responsible environmental stewardship; and facilitate support
  437  for the protection, preservation, and enhancement of the natural
  438  and recreational value of the Florida wildlife corridor by
  439  providing minimally invasive public access to it when feasible
  440  and compatible with the lands. To that end, it is the intent of
  441  the Legislature that the department make use of its expertise in
  442  efficiently providing transportation projects to develop and
  443  construct the Florida Shared-Use Nonmotorized Trail Network,
  444  consisting of a statewide network of nonmotorized trails which
  445  allows nonmotorized vehicles and pedestrians to access a variety
  446  of origins and destinations with limited exposure to motorized
  447  vehicles.
  448         (2)(a) The Florida Shared-Use Nonmotorized Trail Network is
  449  created as a component of the Florida Greenways and Trails
  450  System established in chapter 260. The Florida Shared-Use
  451  Nonmotorized Trail Network consists of a statewide network of
  452  nonmotorized trails that allow bicyclists and pedestrians to
  453  access a variety of points of origin and destinations with
  454  limited exposure to motorized vehicles.
  455         (b) The multiuse trails or shared-use paths of the
  456  statewide network must be consists of multiuse trails or shared
  457  use paths physically separated from motor vehicle traffic and
  458  constructed with asphalt, concrete, or another hard surface.
  459         (c) The statewide network which, by virtue of design,
  460  location, extent of connectivity or potential connectivity, and
  461  allowable uses, provides nonmotorized transportation
  462  opportunities for bicyclists and pedestrians statewide between
  463  and within a wide range of points of origin and destinations,
  464  including, but not limited to, communities, conservation areas,
  465  lands of the Florida wildlife corridor, state parks, beaches,
  466  and other natural or cultural attractions for a variety of trip
  467  purposes, including work, school, shopping, and other personal
  468  business, as well as social, recreational, and personal fitness
  469  purposes.
  470         (3) Network components do not include sidewalks, nature
  471  trails, loop trails wholly within a single park or natural area,
  472  or on-road facilities, such as bicycle lanes or routes. However,
  473  components that connect to nature trails, loop trails, or other
  474  points of public access wholly within a single park or natural
  475  area may be included in the network, as well as any of the
  476  following other than:
  477         (a) On-road facilities that are no longer than one-half
  478  mile connecting two or more nonmotorized trails, if the
  479  provision of non-road facilities is infeasible and if such on
  480  road facilities are signed and marked for nonmotorized use.; or
  481         (b) On-road components of the Florida Keys Overseas
  482  Heritage Trail.
  483         (4) The planning, development, operation, and maintenance
  484  of the Florida Shared-Use Nonmotorized Trail Network is declared
  485  to be a public purpose, and the department, together with other
  486  agencies of this state and all counties, municipalities, and
  487  special districts of this state, may spend public funds for such
  488  purposes and accept gifts and grants of funds, property, or
  489  property rights from public or private sources to be used for
  490  such purposes.
  491         (5)(a) The department shall include the Florida Shared-Use
  492  Nonmotorized Trail Network in its work program developed
  493  pursuant to s. 339.135. For purposes of funding and maintaining
  494  projects within the network, the department shall allocate in
  495  its program and resource plan a minimum of $50 million $25
  496  million annually, beginning with in the 2023-2024 2015-2016
  497  fiscal year.
  498         (b) The department shall give funding priority to projects
  499  that:
  500         1. Are recommended priorities by the Florida Greenways and
  501  Trails Council as regionally significant trails pursuant to s.
  502  260.0142(4)(c).
  503         2. Have national, statewide, or regional importance.
  504         3. Are otherwise identified by the Florida Greenways and
  505  Trails Council as a priority for critical linkage and trail
  506  connectedness within the Florida Greenways and Trails System
  507  under chapter 260.
  508         4. Facilitate an interconnected system of trails by
  509  completing gaps between existing trails.
  510         5.Support the transportation needs of bicyclists and
  511  pedestrians.
  512         (c) For trail projects to be constructed within the Florida
  513  wildlife corridor as defined in s. 259.1055 or on conservation
  514  lands or other lands subject to conservation easements, land
  515  management plans, or agreements, to the greatest extent
  516  possible, the department shall ensure projects are constructed
  517  using previously disturbed lands, such as abandoned roads and
  518  railroads, utility rights-of-way, canal corridors and drainage
  519  berms, permanent fire lines, and other lands having appropriate
  520  potential to serve the purposes specified by law of both the
  521  trail network and the Florida wildlife corridor. In developing
  522  the planning and design of trails, the department shall
  523  coordinate with other state agencies to ensure that appropriate
  524  recreation or public access is available for such projects.
  525         (d) To the greatest extent practicable, the department
  526  shall program projects in the work program to plan for
  527  development of the entire trail and to minimize the creation of
  528  gaps between trail segments. The department shall, at a minimum,
  529  ensure that local support exists for projects and trail
  530  segments, including the availability or dedication of local
  531  funding sources and of contributions by private landowners who
  532  agree to make their land, or property interests in such land,
  533  available for public use as a trail.
  534         (e)Each metropolitan planning organization or board of
  535  county commissioners, as appropriate, shall include in its list
  536  of project priorities required under ss. 339.135(4)(c)1. and
  537  339.175(8) one or more projects that are a priority under
  538  paragraph (b) and meet the requirements of this section. When
  539  developing the district work program under s. 339.135(4), each
  540  district must ensure that projects are included in the work
  541  program which are a priority under paragraph (b) and meet the
  542  requirements of this section.
  543         (6)(a)The department shall create uniform signage to
  544  identify trails that are part of the statewide network and
  545  shall, when feasible and permissible, erect signage on all such
  546  trails open to public use, regardless of when the trail was
  547  first opened. The department is not otherwise obligated to
  548  provide funds for the operation and maintenance of any trail on
  549  the statewide network.
  550         (b) The department may enter into a memorandum of agreement
  551  with a local government or other agency of the state to transfer
  552  maintenance responsibilities of an individual network component.
  553  The department may contract with a not-for-profit entity or
  554  private sector business or entity to provide maintenance
  555  services on an individual network component.
  556         (7)(a) The department may enter into a sponsorship
  557  agreement with a not-for-profit entity or private sector
  558  business or entity for commercial sponsorship displays on
  559  multiuse trails and related facilities. The department shall
  560  deposit any sponsorship agreement revenues into the State
  561  Transportation Trust Fund to be used for maintenance, signage,
  562  and provision of amenities on the multiuse trails and related
  563  facilities. Local governments may also enter into sponsorship
  564  agreements and likewise use the revenues for maintenance,
  565  signage, and provision of amenities on the multiuse trails and
  566  related facilities. A sponsorship agreement shall be
  567  administered by the department or the local government, as
  568  appropriate, and the department or the local government shall
  569  ensure that the sponsorship agreement complies with the
  570  requirements of s. 335.065(3)(b) and (c).
  571         (b) Commercial sponsorship displays are subject to the
  572  requirements of the Highway Beautification Act of 1965 and all
  573  federal laws and agreements, when applicable. This subsection
  574  does not create a proprietary or compensable interest in any
  575  sign, display site, or location.
  576         (8) By June 30, 2026, and every third year on June 30
  577  thereafter, the department, in coordination with the Department
  578  of Environmental Protection, shall submit a report to the
  579  Governor, the President of the Senate, and the Speaker of the
  580  House of Representatives summarizing the status of the Florida
  581  Shared-Use Nonmotorized Trail Network. The report may include
  582  recommendations for any legislative revisions deemed appropriate
  583  to facilitate connectivity of the statewide network.
  584         (a)At a minimum, the report must include all of the
  585  following:
  586         1. The total number of completed miles of nonmotorized
  587  trails on the network.
  588         2. The total number of completed miles of nonmotorized
  589  trails on the network not adjacent to a roadway facility.
  590         3. The total number of completed miles of nonmotorized
  591  trails on the network adjacent to a roadway facility.
  592         4. The total number of completed miles of nonmotorized
  593  trails on the network which are within or between areas of the
  594  Florida wildlife corridor as defined in s. 259.1055.
  595         5. The total remaining miles of nonmotorized trails on the
  596  network which are planned for acquisition and construction.
  597         6. The total expenditures, by funding source, associated
  598  with implementing the network.
  599         7. The total expenditures, by project phase, including
  600  preliminary and environmental planning, design, acquisition of
  601  right-of-way, and new construction of trail surfaces and bridges
  602  on the network.
  603         (b) The department shall also coordinate with the Florida
  604  Tourism Industry Marketing Corporation, local governments, or
  605  other entities who have related information to include in the
  606  report. For each existing trail on the network which is open to
  607  public use, identified by the department’s trailway
  608  identification number, segment name, segment length, and county
  609  of location, the department’s report must provide nonmotorized
  610  trail operational and performance measures that include, but are
  611  not limited to:
  612         1. The total number of trail visits.
  613         2. The primary travel modes used on the trail.
  614         3. The frequency of trail usage.
  615         4.The average duration of trail usage.
  616         5. The distance traveled during a trail visit.
  617         6. The average amount spent by a user during a typical
  618  trail visit.
  619         7. The total amount of user expenditures.
  620         8. Any other measure deemed appropriate.
  621         Section 10. For the 2023-2024 fiscal year, the sum of $200
  622  million in nonrecurring funds from the General Revenue Fund is
  623  appropriated to the Department of Transportation as fixed
  624  capital outlay to plan, design, and construct projects on the
  625  Florida Shared-Use Nonmotorized Trail Network as provided by
  626  this act.
  627         Section 11. The amendments made to s. 339.81, Florida
  628  Statutes, by this act, are not intended to delete, defer, delay,
  629  or otherwise revise Florida Shared-Use Nonmotorized Trail
  630  Network projects programmed in the Department of
  631  Transportation’s tentative 5-Year work program for Fiscal Year
  632  2023-2024 through 2027-2028. The department may maintain such
  633  projects in development of the adopted work program. For
  634  additional funding allocated to the network in section 9 of this
  635  act or appropriated in section 10 of this act, the department
  636  shall work with the metropolitan planning organizations, boards
  637  of county commissioners, and districts, as appropriate, to
  638  revise any year of the 5-year work program pursuant to s.
  639  339.135(5), Florida Statutes, to identify new Florida Shared-Use
  640  Nonmotorized Trail Network projects to be added or projects or
  641  phases thereof that may be moved up from the portion of the
  642  tentative work program for the following 4 fiscal years.
  643         Section 12. This act shall take effect July 1, 2023.