The Florida Senate

260.011  Short title.

260.012  Declaration of policy and legislative intent.

260.0125  Limitation on liability of private landowners whose property is designated as part of the statewide system of greenways and trails.

260.013  Definitions.

260.014  Florida Greenways and Trails System.

260.0141  Greenways and Trails Program.

260.015  Acquisition of land.

260.016  General powers of the department.

260.0161  Coordination with Department of Transportation.

260.017  Restrictions; rules.

260.018  Agency recognition.

260.011  Short title.--Sections 260.011-260.018 shall be known and may be cited as the "Florida Greenways and Trails Act."

History.--s. 1, ch. 79-110; s. 7, ch. 96-389.

260.012  Declaration of policy and legislative intent.--

(1)  In order to recognize the benefits of the outdoor areas of Florida, and in order to conserve, develop, and use the natural resources of this state for healthful and recreational purposes, it is declared to be the public policy of this state and the purpose of ss. 260.011-260.018 to provide the means and procedures for establishing and expanding a statewide system of greenways and trails for recreational and conservation purposes which shall be designated as the "Florida Greenways and Trails System." The standards by which the greenways and trails system shall be acquired, designated, administered, maintained, used, and expanded shall be consistent with the provisions of ss. 260.011-260.018. It is the intent of the Legislature that these greenways and trails will serve to implement the concepts of ecosystems management while providing, where appropriate, recreational opportunities, including, but not limited to, horseback riding, hiking, bicycling, canoeing, jogging, and historical and archeological interpretation, thereby improving the health and welfare of the people.

(2)  It is the intent of the Legislature that a statewide system of greenways and trails be established to provide open space benefiting environmentally sensitive lands and wildlife and providing people with access to healthful outdoor activities. It is also the intent of the Legislature to acquire or designate lands to facilitate the establishment of a statewide system of greenways and trails; to encourage the multiple use of public rights-of-way and use to the fullest extent existing and future scenic roads, highways, park roads, parkways, greenways, trails, and national recreational trails; to encourage the development of greenways and trails by counties, cities, and special districts and to assist in such development by any means available; to coordinate greenway and trail plans and development by local governments with one another and with the state government and Federal Government; to encourage, whenever possible, the development of greenways and trails on federal lands by the Federal Government; and to encourage the owners of private lands to protect the existing ecological, historical, and cultural values of their lands, including those values derived from working landscapes.

(3)  It is the intent of the Legislature that designated greenways and trails be located on public lands and, subject to the written agreement of the private landowner, on private lands. Designated greenways and trails located on public or private lands may or may not provide public access, as agreed by the department or the landowner, respectively.

(4)  It is the intent of the Legislature that information produced for the purpose of the identification of lands, both public and private, that are suitable for greenways and trails be used only for the purposes of:

(a)  Setting priorities for acquisition, planning, and management of public lands for use as greenways and trails; and

(b)  Identification of private lands which are eligible for designation as part of the greenways and trails system and are thereby eligible for incentives.

(5)  The planning, development, operation, and maintenance of the Florida Greenways and Trails System authorized by ss. 260.011-260.018 is declared to be a public purpose, and the Department of Environmental Protection, together with other agencies of this state and all counties, municipalities, and special districts of this state, is authorized to spend public funds for such purposes and to accept gifts and grants of funds, property, or property rights from public or private sources to be used for such purposes.

(6)  It is the intent of the Legislature to officially recognize the Florida National Scenic Trail as Florida's official statewide trail from the Florida Panhandle to the Everglades. It is also the intent of the Legislature to encourage all state, regional, and local agencies who acquire lands to include in their land-buying efforts the acquisition of sufficient legal interest in the lands over which the trail passes to ensure its continued existence in a permanent location.

History.--s. 2, ch. 79-110; s. 1, ch. 87-328; s. 3, ch. 91-62; s. 105, ch. 94-356; s. 8, ch. 96-389; s. 3, ch. 98-336.

260.0125  Limitation on liability of private landowners whose property is designated as part of the statewide system of greenways and trails.--

(1)(a)  A private landowner whose land is designated as part of the statewide system of greenways and trails pursuant to s. 260.016(2)(d), including a person holding a subservient interest, owes no duty of care to keep that land safe for entry or use by others or to give warning to persons entering that land of any hazardous conditions, structures, or activities thereon. Such landowner shall not:

1.  Be presumed to extend any assurance that such land is safe for any purpose;

2.  Incur any duty of care toward a person who goes on the land; or

3.  Become liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the land.

(b)  The provisions of paragraph (a) apply whether the person going on the designated greenway or trail is an invitee, licensee, trespasser, or otherwise.

(2)  Any private landowner who consents to designation of his or her land as part of the statewide system of greenways and trails pursuant to s. 260.016(2)(d) without compensation shall be considered a volunteer, as defined in s. 110.501, and shall be covered by state liability protection pursuant to s. 768.28, including s. 768.28(9).

(3)(a)  The provisions of subsection (1) shall not apply if there is any charge made or usually made by the landowner for entering or using the land designated as a greenway or trail, or any part thereof, or if any commercial or other activity whereby profit is derived by the landowner from the patronage of the general public is conducted on the land so designated or any part thereof.

(b)  Incentives granted by any unit of government to the private landowner, including tax incentives, grants, or other financial consideration specific to the development or management of designated greenways and trails, shall not be construed as a charge for use or profit derived from patronage for purposes of this subsection and shall not be construed as monetary or material compensation for purposes of subsection (2).

(4)  The provisions of subsection (1) shall also apply to adjacent land owned by the private landowner who consents to designation of a greenway or trail where such adjacent land is accessed through the land so designated.

(5)(a)  When a private landowner agrees to make his or her land available for public use as a designated greenway or trail, the department or its designee shall post notices along the boundary of the designated greenway or trail which inform the public that the land adjacent to the greenway or trail is private property upon which unauthorized entry for any purpose is prohibited and constitutes trespassing.

(b)  Such notices must comply with s. 810.011(5) and shall constitute a warning to unauthorized persons to remain off the private property and not to depart from the designated greenway or trail. Any person who commits such an unauthorized entry commits a trespass as provided in s. 810.09.

(6)  If agreed to by the department and the landowner in the designation agreement, a landowner whose land is designated as part of the statewide system of greenways and trails pursuant to s. 260.016(2)(d) shall be indemnified for:

(a)  Any injury or damage incurred by a third party arising out of the use of the designated greenway or trail;

(b)  Any injury or damage incurred by a third party on lands adjacent to and accessed through the designated greenway or trail; and

(c)  Any damage to the landowner's property, including land adjacent to and accessed through the designated greenway or trail, caused by the act or omission of a third person resulting from any use of the land so designated.

(7)  This section does not relieve any person of liability that would otherwise exist for deliberate, willful, or malicious injury to persons or property. The provisions of this section shall not be deemed to create or increase the liability of any person.

History.--s. 4, ch. 98-336.

260.013  Definitions.--As used in ss. 260.011-260.018, unless the context otherwise requires:

(1)  "Board" means the Board of Trustees of the Internal Improvement Trust Fund.

(2)  "Department" means the Department of Environmental Protection.

(3)  "Designation" means the identification and inclusion of specific lands as part of the statewide system of greenways and trails pursuant to a formal public process, including the specific written consent of the landowner. When the department determines that public access is appropriate for greenways and trails, written authorization must be granted by the landowner to the department permitting public access to all or a specified part of the landowner's property. The department's determination shall be noticed pursuant to s. 120.525, and the department shall also notify the landowner by certified mail at least 7 days before any public meeting regarding the intent to designate.

(4)  "Greenway" means a linear open space established along either a natural corridor, such as a riverfront, stream valley, or ridgeline, or over land along a railroad right-of-way converted to recreational use, a canal, a scenic road, or other route; any natural or landscaped course for pedestrian or bicycle passage; an open space connector linking parks, nature reserves, cultural features, or historic sites with each other and populated areas; or a local strip or linear park designated as a parkway or greenbelt.

(5)  "Trails" means linear corridors and any adjacent support parcels on land or water providing public access for recreation or authorized alternative modes of transportation.

History.--s. 3, ch. 79-110; s. 2, ch. 87-328; s. 4, ch. 91-62; s. 106, ch. 94-356; s. 9, ch. 96-389; s. 5, ch. 98-336.

260.014  Florida Greenways and Trails System.--The Florida Greenways and Trails System shall be a statewide system of greenways and trails which shall consist of individual greenways and trails and networks of greenways and trails which may be designated as a part of the statewide system by the department. Mapping or other forms of identification of lands as suitable for inclusion in the system of greenways and trails, mapping of ecological characteristics for any purpose, or development of information for planning purposes shall not constitute designation. No lands may be designated as a part of the statewide system of greenways and trails without the specific written consent of the landowner.

History.--s. 4, ch. 79-110; s. 10, ch. 96-389; s. 6, ch. 98-336.

260.0141  Greenways and Trails Program.--There is established within the department the "Florida Greenways and Trails Program," the purpose of which is to facilitate the establishment of a statewide system of greenways and trails. Such greenways and trails shall be acquired pursuant to this act. Planning materials, maps, data, and other information developed or used in the program shall not be construed as designation of lands as part of the statewide system of greenways and trails. Identification of lands in such information shall not:

(1)  Require or empower any unit of local or regional government, or any state agency, to impose additional or more restrictive environmental, land-use, or zoning regulations;

(2)  Be construed or cited as authority to adopt, enforce, or amend any environmental rule or regulation; comprehensive plan goals, policies, or objectives; or zoning or land-use ordinance;

(3)  Be used as the basis for permit denial; imposition of any permit condition; or application of any rule, regulation, or ordinance by any subdivision of local, regional, or state government; or

(4)  Be construed or cited as authority by any governmental agency to reduce or restrict the rights of owners of lands so identified.

History.--s. 3, ch. 87-328; s. 11, ch. 96-389; s. 7, ch. 98-336.

260.015  Acquisition of land.--

(1)  The department is authorized to acquire by gift or purchase the fee simple absolute title or any lesser interest in land, including easements, for the purposes of ss. 260.011-260.018 pursuant to the provisions of chapter 375, except that:

(a)  The department's power of eminent domain shall be limited to curing defects in title accepted by the board pursuant to subsection (2).

(b)  Lists of proposed acquisitions for the Florida Greenways and Trails Program shall be prepared according to procedures adopted by the department.

(c)  Projects acquired under this chapter shall not be subject to the evaluation and selection procedures of s. 259.035, regardless of the estimated value of such projects. All projects shall be acquired in accordance with the acquisition procedures of chapter 259, except that the department may use the appraisal procedure used by the Department of Transportation to acquire transportation rights-of-way. When a parcel is estimated to be valued at $100,000 or less and the department finds that the costs of obtaining an outside appraisal are not justified, an appraisal prepared by the department may be used.

(2)  For purposes of the Florida Greenways and Trails Program, the board may:

(a)  Accept fee simple title or any lesser interest in lands through methods, including, but not limited to, purchase, donation, grant, dedication, lease, easement, license, or other agreement, to facilitate the establishment of a statewide system of greenways and trails.

(b)  Accept title to abandoned railroad rights-of-way which is conveyed by quitclaim deed through purchase, dedication, gift, grant, or settlement, notwithstanding s. 259.041(1).

(c)  Enter into an agreement or, upon delegation, the department may enter into an agreement, with a nonprofit corporation, as defined in s. 259.041(7)(e), to assume responsibility for acquisition of lands pursuant to this section. The agreement may transfer responsibility for all matters which may be delegated or waived pursuant to s. 259.041(1).

(3)  Easements, licenses, and use agreements upon, over, under, across, or along any land, the fee title of which has been acquired for the purposes of ss. 260.011-260.018, may be granted by the department so long as the use of the easement, license, or use agreement does not interfere with the purposes of ss. 260.011-260.018.

History.--s. 5, ch. 79-110; s. 4, ch. 87-328; s. 5, ch. 89-174; s. 8, ch. 92-288; s. 18, ch. 94-240; s. 12, ch. 96-389; s. 11, ch. 97-164.

260.016  General powers of the department.--

(1)  The department may:

(a)  Publish and distribute appropriate maps of designated greenways and trails. The description shall include a generalized map delineating the area designated, location of suitable ingress and egress sites, as well as other points of interest to enhance the recreational opportunities of the public.

(b)  Establish access routes and related public-use facilities along greenways and trails which will not substantially interfere with the nature and purposes of the greenway or trail.

(c)  Adopt appropriate rules to implement or interpret this act and portions of chapter 253 relating to greenways and trails, which may include, but are not limited to, rules for the following:

1.  Establishing a designation process.

2.  Negotiating and executing agreements with private landowners.

3.  Establishing prohibited activities or restrictions on activities to protect the health, safety, and welfare of the public.

4.  Charging fees for use.

5.  Providing public access.

6.  Providing for maintenance.

7.  Any matter necessary to the evaluation, selection, operation, and maintenance of greenways and trails.

Any person who violates or otherwise fails to comply with the rules adopted pursuant to subparagraph 3. commits a noncriminal infraction for which a fine of up to $500 may be imposed.

(d)  Coordinate the activities of all governmental units and bodies and special districts that desire to participate in the development of the Florida Greenways and Trails System.

(e)  Appoint an advisory body to be known as the "Florida Recreational Trails Council" which shall advise the department in the execution of its powers and duties under this chapter. The department may establish by rule the duties, structure, and responsibilities of the council. Members of the Florida Recreational Trails Council shall serve without compensation, but are entitled to be reimbursed for per diem and travel expenses as provided in s. 112.061.

(f)  Establish, develop, and publicize saltwater paddling trails in a manner that will permit public recreation without damaging natural resources. The Big Bend Historic Saltwater Paddling Trail from the St. Marks River to the Suwannee River is hereby designated as part of the Florida Greenways and Trails System. Additions to this trail may be added by the department from time to time as part of a statewide saltwater circumnavigation trail.

(g)  Enter into sublease agreements or other use agreements with local governmental agencies for the management of greenways and trails for recreation and conservation purposes consistent with the intent of this chapter.

(h)  Enter into management agreements with other entities only if a federal agency, another state agency, local government, county, or municipality is unable to manage the greenways or trails lands. Such entities must demonstrate their capabilities of management for the purposes defined in ss. 260.011-260.018.

(i)  Charge reasonable fees or rentals for the use or operation of facilities and concessions. All such fees, rentals, or other charges collected shall be deposited in the account or trust fund of the managing entity. All such fees, rentals, or other charges collected by the Division of Recreation and Parks under this paragraph shall be deposited in the State Park Trust Fund pursuant to s. 258.014.

(2)  The department shall:

(a)  Evaluate lands for the acquisition of greenways and trails and compile a list of suitable corridors, greenways, and trails, ranking them in order of priority for proposed acquisition. The department shall devise a method of evaluation which includes, but is not limited to, the consideration of:

1.  The importance and function of such corridors within the statewide system.

2.  Potential for local sharing in the acquisition, development, operation, or maintenance of greenway and trail corridors.

3.  Costs of acquisition, development, operation, and maintenance.

(b)  Maintain an updated list of abandoned and to-be-abandoned railroad rights-of-way. The department shall request information on current and potential railroad abandonments from the Department of Transportation and railroad companies operating within the state. At a minimum, the department shall make such requests on a quarterly basis.

(c)  Provide information to public and private agencies and organizations on abandoned rail corridors which are or will be available for acquisition from the railroads or for lease for interim recreational use from the Department of Transportation. Such information shall include, at a minimum, probable costs of purchase or lease of the identified corridors.

(d)  Develop and implement a process for designation of lands as a part of the statewide system of greenways and trails, which shall include:

1.  Development and dissemination of criteria for designation.

2.  Development and dissemination of criteria for changes in the terms or conditions of designation, including withdrawal or termination of designation. A landowner may have his or her property removed from designation by providing the department with a written request that contains an adequate description of such lands to be removed. Provisions shall be made in the designation agreement for disposition of any future improvements made to the land by the department.

3.  Compilation of available information on and field verification of the characteristics of the lands as they relate to the developed criteria.

4.  Public notice pursuant to s. 120.525 in all phases of the process.

5.  Actual notice to the landowner by certified mail at least 7 days before any public meeting regarding the department's intent to designate.

6.  Written authorization from the landowner in the form of a lease or other instrument for the designation and granting of public access, if appropriate, to a landowner's property.

7.  Development of a greenway or trail use plan as a part of the designation agreement. In any particular segment of a greenway or trail, the plan components must be compatible with connecting segments and, at a minimum, describe the types and intensities of uses of the property.

¹(3)  The department or its designee is authorized to negotiate with potentially affected private landowners as to the terms under which such landowners would consent to the public use of their lands as part of the greenways and trails system. The department shall be authorized to agree to incentives for a private landowner who consents to this public use of his or her lands for conservation or recreational purposes, including, but not limited to, the following:

(a)  Retention by the landowner of certain specific rights in his or her lands, including, but not limited to, the right to farm, hunt, graze, harvest timber, or use the lands for other purposes which are consistent with use as greenways or trails.

(b)  Agreement to exchange, subject to the approval of the Board of Trustees of the Internal Improvement Trust Fund or other applicable unit of government, ownership or other rights of use of public lands for the ownership or other rights of use of privately owned property. Any exchange of state-owned lands, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, for privately owned lands shall be subject to the requirements of s. 259.041.

(c)  Contracting with the landowner to provide management or other services on the lands.

(d)  At the option of the landowner, acceleration of the acquisition process or higher consideration in the ranking process when any lands ²owned by the landowner are under consideration for acquisition by the state or other unit of government.

(e)  At the option of the landowner, removal of any lands owned by the landowner from consideration for acquistion by the state or other unit of government.

(f)  Execution of patrol and protection agreements.

(g)  Where applicable and appropriate, providing lease fees, not to exceed fair market value of the leasehold interest.

History.--s. 6, ch. 79-110; ss. 5, 8, ch. 87-328; s. 6, ch. 88-303; s. 5, ch. 91-62; s. 5, ch. 91-429; s. 13, ch. 96-389; s. 8, ch. 98-336.

¹Note.--Section 1, ch. 98-336, provides that:

"The purpose of this act is to encourage private landowners to make their lands available to the public as part of the statewide system of designated greenways and trails by:

"(1)  Limiting the landowner's liability to persons going on such land and to third persons who may be damaged by the acts or omissions of persons going on such land; and

"(2)  Providing the landowner other positive incentives in accordance with section 260.016(3), Florida Statutes."

²Note.--The word "owned" was substituted for the word "owed" by the editors.

260.0161  Coordination with Department of Transportation.--

(1)  Upon the request of the department, the Department of Transportation shall provide information to the department on abandoned and to-be-abandoned railroad rights-of-way.

(2)  The Department of Transportation and the department shall coordinate their evaluations of potential acquisitions and their acquisition priorities with respect to abandoned railroad rights-of-way in order to avoid competing for the same corridors.

(3)  After the Department of Transportation acquires abandoned railroad rights-of-way for future transportation purposes, the Department of Transportation shall lease such rights-of-way to a public agency or private organization for interim public greenway or trail use if:

(a)  The public agency or private organization has requested use of the right-of-way for interim public recreational trail use;

(b)  The public agency or private organization agrees in writing to assume all liability and management responsibilities as defined by the Department of Transportation; and

(c)  The use of the right-of-way as a recreational trail does not interfere with the ultimate transportation purposes of the property as determined by the secretary of the Department of Transportation.

(4)  If the Department of Transportation determines that an abandoned railroad right-of-way which has been leased for interim recreational trail use is needed for transportation purposes, the Department of Transportation shall work with the leasing agency to accommodate, when feasible, the existing trail use in conjunction with the use of the right-of-way for transportation.

History.--s. 6, ch. 87-328; s. 107, ch. 94-356; s. 14, ch. 96-389.

260.017  Restrictions; rules.--The department may establish restrictions on the use of motorized watercraft within any defined canoe trail necessary to ensure the safe use of a water body for canoes. Restrictions established pursuant to this section must be adopted as a rule pursuant to s. 120.54, after proper notice and hearing, and may be enforced by any state or local law enforcement agency having jurisdiction over the area within which the trail is designated.

History.--s. 7, ch. 79-110.

260.018  Agency recognition.--All agencies of the state, regional planning councils through their comprehensive plans, and local governments through their local comprehensive planning process pursuant to chapter 163 shall recognize the special character of publicly owned lands and waters designated by the state as greenways and trails and shall not take any action which will impair their use as designated. Identification of lands in planning materials, maps, data, and other information developed or used in the greenways and trails program shall not be cause for such lands to be subject to this section, unless such lands have been designated as a part of the statewide system or greenways and trails pursuant to s. 260.016(2)(d).

History.--s. 8, ch. 79-110; s. 6, ch. 91-62; s. 15, ch. 96-389; s. 9, ch. 98-336.