Senate Bill 1396
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1396
By Senators Sullivan, Crist, Lee, Diaz-Balart, Williams,
Holzendorf, Kirkpatrick, Bronson, Brown-Waite, Forman, Harris,
Ostalkiewicz, Klein, Thomas and McKay
22-739-98
1 A bill to be entitled
2 An act relating to greenways and trails;
3 amending s. 110.501, F.S.; redefining the term
4 "volunteer"; amending s. 260.012, F.S.;
5 providing additional declarations of
6 legislative intent; creating s. 260.0125, F.S.;
7 providing for the rights and benefits of
8 private landowners who designate land for use
9 as a greenway or trail; amending s. 260.013,
10 F.S.; defining the term "designated" or
11 "designation"; amending s. 260.014, F.S.;
12 requiring the written consent of a landowner to
13 designation of land as part of the statewide
14 system of greenways and trails; amending s.
15 260.0141, F.S.; providing examples of what is
16 not considered a designation of land; amending
17 s. 260.016, F.S.; providing rulemaking
18 authority for the Department of Environmental
19 Protection; providing for the process of
20 designation of lands; providing incentives for
21 landowners; amending s. 260.018, F.S.;
22 providing circumstances under which the
23 identification of specified lands may not be
24 recognized as greenways or trails; providing an
25 effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Subsection (1) of section 110.501, Florida
30 Statutes, is amended to read:
31 110.501 Definitions.--As used in this act:
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1396
22-739-98
1 (1) "Volunteer" means any person who, of his or her
2 own free will, provides goods or services to, conveys any
3 interest in real property to, or otherwise consents to the use
4 of real property by, any state department or agency, or
5 nonprofit organization, with no monetary or material
6 compensation. A person registered and serving in Older
7 American Volunteer Programs authorized by the Domestic
8 Volunteer Service Act of 1973, as amended (Pub. L. No.
9 93-113), shall also be defined as a volunteer and shall incur
10 no civil liability as provided by s. 768.1355. A volunteer
11 shall be eligible for payment of volunteer benefits as
12 specified in Pub. L. No. 93-113, this section, and s. 430.204.
13 Section 2. Section 260.012, Florida Statutes, is
14 amended to read:
15 260.012 Declaration of policy and legislative
16 intent.--
17 (1) In order to recognize the benefits provide the
18 public with access to the use, enjoyment, and appreciation of
19 the outdoor areas of Florida, and in order to conserve,
20 develop, and use the natural resources of this state for
21 healthful and recreational purposes, it is declared to be the
22 public policy of this state and the purpose of ss.
23 260.011-260.018 to provide the means and procedures for
24 establishing and expanding a statewide system of greenways and
25 trails for recreational and conservation purposes which shall
26 be designated as the "Florida Greenways and Trails System."
27 The standards by which the greenways and trails system shall
28 be acquired, designated, administered, maintained, used, and
29 expanded shall be consistent with the provisions of ss.
30 260.011-260.018. It is the intent of the Legislature that
31 these greenways and trails will serve to implement the
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1396
22-739-98
1 concepts of ecosystems management while providing, where
2 appropriate, recreational opportunities, including, but not
3 limited to, horseback riding, hiking, bicycling, canoeing,
4 jogging, and historical and archeological interpretation,
5 thereby improving the health and welfare of the people.
6 (2) It is the intent of the Legislature that a
7 statewide system of greenways and trails be established to
8 provide open space benefiting environmentally sensitive lands
9 and wildlife and providing people with access to healthful
10 outdoor activities. It is also the intent of the Legislature
11 to acquire or designate lands to facilitate the establishment
12 of a statewide system of greenways and trails; to encourage
13 the multiple use of public rights-of-way and use to the
14 fullest extent existing and future scenic roads, highways,
15 park roads, parkways, greenways, trails, and national
16 recreational trails; to encourage the development of greenways
17 and trails by counties, cities, and special districts and to
18 assist in such development by any means available; to
19 coordinate greenway and trail plans and development by local
20 governments with one another and with the state government and
21 Federal Government; and to encourage, whenever possible, the
22 development of greenways and trails on federal lands by the
23 Federal Government; and to encourage the owners of private
24 lands to protect the existing ecological, historical, and
25 cultural values of their lands, including those values derived
26 from working landscapes.
27 (3) It is the intent of the Legislature that greenways
28 and trails be located on public lands and on those private
29 lands that the landowner has agreed in writing to have
30 designated as a greenway or trail. The greenway may but need
31 not provide for public access. Private landowners should be
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1396
22-739-98
1 encouraged to agree to the use of their lands as part of the
2 statewide system of greenways and trails through positive
3 incentives developed under s. 260.016(4).
4 (4) It is the intent of the Legislature that
5 information produced for the purpose of identifying public and
6 private lands that are suitable for greenways and trails be
7 used only for the purposes of:
8 (a) Establishing priorities for acquiring, planning,
9 and managing public lands for use as greenways and trails; and
10 (b) Identifying private lands that are eligible for
11 designation as part of the greenways and trails system and
12 thereby eligible for incentives.
13 (5)(3) The planning, development, operation, and
14 maintenance of the Florida Greenways and Trails System
15 authorized by ss. 260.011-260.018 is declared to be a public
16 purpose, and the Department of Environmental Protection,
17 together with other governments and agencies of this state and
18 all counties, municipalities, and special districts of this
19 state, is authorized to spend public funds for such purposes
20 and to accept gifts and grants of funds, property, or property
21 rights from public or private sources to be used for such
22 purposes.
23 (4) The provisions of s. 375.251 relating to the
24 liability of persons making lands available for outdoor
25 recreational purposes shall be applicable to ss.
26 260.011-260.018.
27 (6)(5) It is the intent of the Legislature to
28 officially recognize the Florida National Scenic Trail as
29 Florida's official statewide trail from the Florida Panhandle
30 to the Everglades. It is also the intent of the Legislature
31 to encourage all state, regional, and local agencies who
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1396
22-739-98
1 acquire lands to include in their land-buying efforts the
2 acquisition of sufficient legal interest in the lands over
3 which the trail passes to ensure its continued existence in a
4 permanent location.
5 Section 3. Section 260.0125, Florida Statutes, is
6 created to read:
7 260.0125 Rights and benefits of private landowners.--
8 (1)(a) The provisions of s. 375.251 relating to the
9 liability of persons making lands available for outdoor
10 recreational purposes, including those holding subservient
11 interests, also apply to persons whose lands are designated as
12 greenways and trails under s. 260.016(3). The liability
13 protections afforded by s. 375.251 also apply to lands
14 adjacent to and accessed by the use of the greenways or
15 trails. Any landowner who consents to his or her property
16 being designated as a greenway or trail in the statewide
17 system in accordance with s. 260.016(3) without compensation
18 is considered a volunteer under s. 110.501 and covered by
19 state liability protection in accordance with the definition
20 of the term "volunteer" and the provisions of s. 768.28.
21 (b) Incentives granted by any unit of government to
22 private landowners, including tax incentives, grants, or other
23 financial consideration specific to the development or
24 management of greenways and trails, may not be considered as a
25 charge for use or profit derived from patronage for purposes
26 of s. 375.251, and may not be considered as monetary or
27 material compensation for purposes of s. 110.501. When a
28 landowner agrees to make private land available for public use
29 as a greenway or trail, the department or its designee shall
30 post notices along the boundary of the greenway or trail which
31 inform the public that the land adjacent to the greenway or
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1396
22-739-98
1 trail is private property upon which unauthorized entry for
2 any purpose is prohibited. The notices constitute a warning to
3 unauthorized persons to remain off the private property and
4 not to depart from the greenway or trail. Any person who
5 commits an unauthorized entry on such property is guilty of a
6 trespass in accordance with s. 810.09.
7 (2) Persons whose private lands are designated for
8 inclusion in the statewide system of greenways and trails
9 under s. 260.016(3) shall be held harmless for any injury or
10 damage incurred by third persons arising out of the use of
11 lands so designated. This section does not relieve any person
12 of liability that would otherwise exist for deliberate,
13 willful, or malicious injury to persons or property. This
14 section does not create or increase the liability of any
15 person.
16 Section 4. Section 260.013, Florida Statutes, is
17 amended to read:
18 260.013 Definitions.--As used in ss. 260.011-260.018,
19 the term unless the context otherwise requires:
20 (1) "Trails" means linear corridors and any adjacent
21 support parcels on land or water providing public access for
22 recreation or authorized alternative modes of transportation.
23 (2) "Greenway" means a linear open space established
24 along either a natural corridor, such as a riverfront, stream
25 valley, or ridgeline, or over land along a railroad
26 right-of-way converted to recreational use, a canal, a scenic
27 road, or other route; any natural or landscaped course for
28 pedestrian or bicycle passage; an open space connector linking
29 parks, nature reserves, cultural features, or historic sites
30 with each other and populated areas; or a local strip or
31 linear park designated as a parkway or greenbelt.
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1396
22-739-98
1 (3) "Department" means the Department of Environmental
2 Protection.
3 (4) "Board" means the Board of Trustees of the
4 Internal Improvement Trust Fund.
5 (5) "Designated" or "designation" means the
6 identification and inclusion of specific lands as part of the
7 statewide system of greenways and trails pursuant to a formal,
8 public process, including the specific written consent of the
9 landowner. When the department determines that public access
10 is appropriate for greenways and trails, written authorization
11 permitting public access to all or a specified part of the
12 landowner's property must be granted by the landowner to the
13 department.
14 Section 5. Section 260.014, Florida Statutes, is
15 amended to read:
16 260.014 Florida Greenways and Trails System.--The
17 Florida Greenways and Trails System shall be a statewide
18 system of greenways and trails which shall consist of
19 individual greenways and trails and networks of greenways and
20 trails which may be designated as a part of the statewide
21 system by the department. The mapping or other forms of
22 identifying lands as suitable for inclusion in the system of
23 greenways and trails, the mapping of ecological
24 characteristics for any purpose, or the developing of
25 information for planning purposes does not constitute
26 designation. Lands may not be designated as a part of the
27 statewide system of greenways and trails without the specific
28 written consent of the landowner.
29 Section 6. Section 260.0141, Florida Statutes, is
30 amended to read:
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1396
22-739-98
1 260.0141 Greenways and Trails Program.--There is
2 established within the department the "Florida Greenways and
3 Trails Program," the purpose of which is to facilitate the
4 establishment of a statewide system of greenways and trails.
5 Such greenways and trails shall be acquired pursuant to this
6 act. Planning materials, maps, data, and other information
7 developed or used in the program may not be considered to
8 constitute the designation of lands as part of the statewide
9 system of greenways and trails, and the identification of
10 lands in such information:
11 (1) Does not require or empower any unit of local
12 government, regional government, or any state agency to impose
13 additional or more restrictive environmental, land-use, or
14 zoning regulations;
15 (2) Does not constitute as authority to adopt,
16 enforce, or amend any environmental regulations or
17 comprehensive plan goals, policies, or objectives, or any
18 zoning or land-use ordinance, and may not be used as the basis
19 for permit denial; the imposition or any permit condition; or
20 the application of any rule, regulation, or ordinance by any
21 subdivision of local, regional, or state government; and
22 (3) Does not constitute authority for any governmental
23 agency to reduce or restrict the rights of owners of lands so
24 identified.
25 Section 7. Section 260.016, Florida Statutes, is
26 amended to read:
27 260.016 General powers of the department.--
28 (1) The department may:
29 (a) Publish and distribute appropriate maps of
30 designated greenways and trails. The description shall include
31 a generalized map delineating the area designated, location of
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1396
22-739-98
1 suitable ingress and egress sites, as well as other points of
2 interest to enhance the recreational opportunities of the
3 public.
4 (b) Establish access routes and related public-use
5 facilities along greenways and trails which will not
6 substantially interfere with the nature and purposes of the
7 greenway or trail.
8 (c) Adopt appropriate rules for administering and
9 interpreting this act, which may include, but are not limited
10 to, rules establishing a designation process; rules governing
11 the negotiation and execution of agreements with private
12 landowners; rules establishing prohibited activities or
13 restrictions on activities; rules charging fees for use, and
14 providing for public access; rules providing for maintenance;
15 and any other rules necessary to operate and maintain
16 greenways and trails the use of greenways and trails.
17 (d) Coordinate the activities of all governmental
18 units and bodies and special districts that desire to
19 participate in the development of the Florida Greenways and
20 Trails System.
21 (e) Appoint an advisory body to be known as the
22 "Florida Recreational Trails Council" which shall advise the
23 department in the execution of its powers and duties under
24 this chapter. The department may establish by rule the
25 duties, structure, and responsibilities of the council.
26 Members of the Florida Recreational Trails Council shall serve
27 without compensation, but are entitled to be reimbursed for
28 per diem and travel expenses as provided in s. 112.061.
29 (f) Establish, develop, and publicize saltwater
30 paddling trails in a manner that will permit public recreation
31 without damaging natural resources. The Big Bend Historic
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1396
22-739-98
1 Saltwater Paddling Trail from the St. Marks River to the
2 Suwannee River is hereby designated as part of the Florida
3 Greenways and Trails System. Additions to this trail may be
4 added by the department from time to time as part of a
5 statewide saltwater circumnavigation trail.
6 (g) Enter into sublease agreements or other use
7 agreements with local governmental agencies for the management
8 of greenways and trails for recreation and conservation
9 purposes consistent with the intent of this chapter.
10 (h) Enter into management agreements with other
11 entities only if a federal agency, another state agency, local
12 government, county, or municipality is unable to manage the
13 greenways or trails lands. Such entities must demonstrate
14 their capabilities of management for the purposes defined in
15 ss. 260.011-260.018.
16 (i) Charge reasonable fees or rentals for the use or
17 operation of facilities and concessions. All such fees,
18 rentals, or other charges collected shall be deposited in the
19 account or trust fund of the managing entity. All such fees,
20 rentals, or other charges collected by the Division of
21 Recreation and Parks under this paragraph shall be deposited
22 in the State Park Trust Fund pursuant to s. 258.014.
23 (2) The department shall:
24 (a) Evaluate lands for the acquisition of greenways
25 and trails and compile a list of suitable corridors,
26 greenways, and trails, ranking them in order of priority for
27 proposed acquisition. The department shall devise a method of
28 evaluation which includes, but is not limited to, the
29 consideration of:
30 1. The importance and function of such corridors
31 within the statewide system.
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1396
22-739-98
1 2. Potential for local sharing in the acquisition,
2 development, operation, or maintenance of greenway and trail
3 corridors.
4 3. Costs of acquisition, development, operation, and
5 maintenance.
6 (b) Maintain an updated list of abandoned and
7 to-be-abandoned railroad rights-of-way. The department shall
8 request information on current and potential railroad
9 abandonments from the Department of Transportation, the
10 Interstate Commerce Commission, and railroad companies
11 operating within the state. At a minimum, the department
12 shall make such requests on a quarterly basis.
13 (c) Provide information to public and private agencies
14 and organizations on abandoned rail corridors which are or
15 will be available for acquisition from the railroads or for
16 lease for interim recreational use from the Department of
17 Transportation. Such information shall include, at a minimum,
18 probable costs of purchase or lease of the identified
19 corridors.
20 (3) The process for designating lands as part of the
21 statewide system of greenways and trails includes:
22 (a) The development and dissemination of criteria for
23 designation.
24 (b) The development and dissemination of criteria for
25 changes in the terms or conditions of designation, including
26 withdrawal or termination of designation.
27 (c) The compilation of available information on and
28 field verification of the characteristics of the lands as they
29 relate to the developed criteria.
30 (d) Public notice in all phases of the process,
31 including any required rulemaking.
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1396
22-739-98
1 (e) Written authorization from the landowner in the
2 form of a lease or other instrument for the designation and
3 granting of public access, if appropriate, to a landowner's
4 property.
5 (f) The development of a greenway or trail-use plan as
6 a part of the designation agreement. In any particular segment
7 of a greenway or trail, the plan components must be compatible
8 with connecting segments and describe, at a minimum, the types
9 and intensities of uses of the property.
10 (4) The department or its designee may negotiate with
11 potentially affected private landowners as to the terms under
12 which the landowners would consent to the public use of their
13 lands as part of the greenways and trails system. The
14 department may agree to incentives for a private landowner who
15 consents to this public use of his or her lands for
16 conservation or recreational purposes, including, but not
17 limited to, the following:
18 (a) The retention by the landowner of certain specific
19 rights in his lands, including, but not limited to, the right
20 to farm, hunt, graze, harvest timber, or use the lands for
21 other purposes that are consistent with use as greenways or
22 trails.
23 (b) The exchange, subject to the approval of the Board
24 of Trustees of the Internal Improvement Trust Fund or other
25 applicable unit of government, of ownership or other rights of
26 use of public lands for the ownership or other rights of use
27 of privately owned property. Any exchange of state-owned lands
28 title to which is vested in the Board of Trustees of the
29 Internal Improvement Trust Fund for privately owned lands is
30 subject to the requirements of s. 259.041.
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1396
22-739-98
1 (c) A contract with the landowner to provide
2 management or other services on the lands.
3 (d) The acceleration of the acquisition process or
4 higher consideration in the ranking process when the privately
5 owned lands are under consideration for acquisition by the
6 state or other unit of government.
7 (e) The execution of patrol and protection agreements.
8 (f) Where applicable and appropriate, lease fees, not
9 to exceed fair market value of the leasehold interest, a
10 portion of which may be used by the landowner to purchase
11 liability insurance.
12 Section 8. Section 260.018, Florida Statutes, is
13 amended to read:
14 260.018 Agency recognition.--All agencies of the
15 state, regional planning councils through their comprehensive
16 plans, and local governments through their local comprehensive
17 planning process pursuant to chapter 163 shall recognize the
18 special character of the lands and waters designated by the
19 state as greenways and trails and shall not take any action
20 which will impair their use as designated. Identification of
21 lands in planning materials, maps, data, and other information
22 developed or used in the greenways and trails program does not
23 make the lands subject to this section unless they have been
24 designated as part of the statewide system of greenways and
25 trails under s. 260.016(3).
26 Section 9. This act shall take effect July 1, 1998.
27
28 *****************************************
29 SENATE SUMMARY
30 Revises the process by which private lands may be
designated for use as part of the statewide system of
31 greenways and trails. (See bill for details.)
13