Senate Bill 2030

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    Florida Senate - 1998                                  SB 2030

    By Senator Latvala





    19-1391-98

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Environmental Protection; amending s. 253.7821,

  4         F.S.; authorizing the Office of Greenways and

  5         Trails to adopt rules relating to state lands

  6         under its jurisdiction; authorizing the

  7         Division of Marine Resources to adopt rules

  8         relating to uplands under its management;

  9         providing criminal penalties; providing an

10         effective date.

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

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14         Section 1.  Section 253.7821, Florida Statutes, is

15  amended to read:

16         253.7821  Cross Florida Greenways State Recreation and

17  Conservation Area assigned to the Office of the Secretary

18  Executive Director.--

19         (1)  The Cross Florida Greenways State Recreation and

20  Conservation Area is hereby established and is initially

21  assigned to the Office of Greenways and Trails Management

22  within the Office of the Secretary. The Office of Greenways

23  and Trails may adopt rules governing the management of

24  greenways and trails under its jurisdiction as specified in

25  this section. The office shall manage the greenways pursuant

26  to the department's existing statutory authority until

27  administrative rules are adopted by the department. However,

28  the provisions of this act shall control in any conflict

29  between this act and any other authority of the department.

30         (2)  The Office of Greenways and Trails may adopt rules

31  to govern the management and use of greenways and trails under

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    Florida Senate - 1998                                  SB 2030
    19-1391-98




  1  its jurisdiction pursuant to chapter 253, which include, but

  2  are not limited to, rules: charging fees for use of greenways

  3  lands; establishing and governing citizens' support

  4  organizations; establishing prohibited activities or

  5  restrictions on activities; establishing and contracting for

  6  concessions; providing procedures and requirements for

  7  granting authority to local governments or other appropriate

  8  entities to manage certain greenways and trails.

  9         (3)  Any person who violates or otherwise fails to

10  comply with the rules adopted under this section is guilty of

11  a misdemeanor of the second degree punishable as provided in

12  s. 775.082 or s. 775.083.

13         (2)  Prior to the 1995 regular session of the

14  Legislature, legislative staff shall review the activities of

15  the office in managing the greenways and make recommendations

16  to the Legislature as to the most appropriate placement of

17  greenways management functions within the department.

18         Section 2.  (1)  The Division of Marine Resources of

19  the Department of Environmental Protection may adopt rules

20  governing the management and use of state-owned or other

21  uplands above the mean high water line or ordinary high water

22  line which are assigned to it for management purposes. The

23  rules may include, but are not limited to, rules establishing

24  prohibited activities or restrictions on activities consistent

25  with the purposes for which the lands were acquired,

26  designated, or dedicated and rules charging fees for use of

27  the lands.

28         (2)  Any person who violates or otherwise fails to

29  comply with the rules adopted under this section is guilty of

30  a misdemeanor of the second degree, punishable as provided in

31  section 775.082 or section 775.083, Florida Statutes.

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    Florida Senate - 1998                                  SB 2030
    19-1391-98




  1         Section 3.  This act shall take effect upon becoming a

  2  law.

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  5                          SENATE SUMMARY

  6    Authorizes rulemaking for the management of greenways and
      trails and uplands under the jurisdiction of the
  7    Department of Environmental Protection. Provides criminal
      penalties.
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