House Bill 3517

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    Florida House of Representatives - 1998                HB 3517

        By Representative Saunders






  1                      A bill to be entitled

  2         An act relating to Florida Green Communities;

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

  4         of policy and legislative intent relating to

  5         the "Florida Greenways and Trails Act";

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

  7         definitions; amending s. 260.014, F.S.;

  8         providing for the Florida Greenways System;

  9         amending s. 260.0141, F.S.; providing for the

10         Florida Greenways Program; restricting use of

11         information and planning materials; amending s.

12         260.015, F.S., relating to acquisition of land;

13         conforming references; amending s. 260.016,

14         F.S., relating to powers of the Department of

15         Environmental Protection; providing for rules;

16         deleting authority to appoint the Florida

17         Recreational Trails Council; authorizing

18         development and implementation of a process for

19         designation of lands for the greenways system;

20         authorizing negotiations with private

21         landowners; authorizing incentives for certain

22         landowners; providing for posting of certain

23         notices of trespass, for which penalties are

24         provided; amending s. 260.018, F.S.; providing

25         for agency recognition of lands designated as

26         greenways and trails; amending ss. 259.041,

27         216.331, and 259.101, F.S.; deleting provision

28         relating to postaudit of land acquisitions by

29         the Auditor General; conforming references and

30         cross references; creating s. 261.011, F.S.;

31         creating the "Florida Green Communities Act";

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  1         creating s. 261.012, F.S.; providing

  2         legislative findings, declarations, and intent;

  3         creating s. 261.013, F.S.; providing for

  4         sources, distribution, and uses of moneys in

  5         the Florida Green Communities Trust Fund;

  6         creating s. 261.014, F.S.; providing for

  7         criteria and procedures for evaluation and

  8         selection of certain projects to be funded by

  9         the trust fund; providing responsibilities of

10         the department and the Land Acquisition and

11         Management Advisory Council; creating s.

12         261.015, F.S.; restricting use of motorized

13         vehicles on lands or waters acquired with trust

14         fund moneys; amending s. 253.787, F.S.;

15         providing for selection of certain greenways

16         acquisition properties by the Florida Greenways

17         Coordinating Council; providing for department

18         rules; amending s. 380.507, F.S.; providing

19         additional power of the Florida Communities

20         Trust; amending s. 380.508, F.S.; providing

21         criteria and procedures for evaluation and

22         selection of certain projects to be funded by

23         the trust fund; providing responsibilities of

24         the governing body of the Florida Communities

25         Trust; providing legislative intent for future

26         appropriations; providing an effective date.

27

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

29

30         Section 1.  Section 260.012, Florida Statutes, is

31  amended to read:

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  1         260.012  Declaration of policy and legislative

  2  intent.--

  3         (1)  In order to provide the public with access to the

  4  use, enjoyment, and appreciation of the outdoor areas of

  5  Florida, and in order to conserve, develop, and use the

  6  natural resources of this state for healthful and recreational

  7  purposes, it is declared to be the public policy of this state

  8  and the purpose of ss. 260.011-260.018 to provide the means

  9  and procedures for establishing and expanding a statewide

10  system of greenways and trails for recreational and

11  conservation purposes which shall be designated as the

12  "Florida Greenways and Trails System." The standards by which

13  the greenways and trails system shall be acquired,

14  administered, maintained, used, and expanded shall be

15  consistent with the provisions of ss. 260.011-260.018. It is

16  the intent of the Legislature that these greenways will serve

17  to maintain vital connections between federal, state, and

18  local conservation and recreation areas, provide linkages

19  between outlying natural areas and population centers and

20  connect neighborhood, city, and county parks, help maintain

21  the health of native ecosystems, and provide nonmotorized and

22  trails will serve to implement the concepts of ecosystems

23  management while providing recreational opportunities,

24  including, but not limited to, horseback riding, hiking,

25  bicycling, canoeing, jogging, and historical and archeological

26  interpretation, thereby improving the health and welfare of

27  the people.

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

29  statewide system of greenways and trails be established to

30  provide open space benefiting environmentally sensitive lands

31  and wildlife and providing people with access to healthful

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

  2  to acquire lands to facilitate the establishment of a

  3  statewide system of greenways and trails; to encourage the

  4  multiple use of public rights-of-way and use to the fullest

  5  extent existing and future scenic roads, highways, park roads,

  6  parkways, greenways, trails, and national recreational trails;

  7  to encourage the development of greenways in urban areas and

  8  trails by counties, cities, and special districts and to

  9  assist in such development by any means available; to

10  coordinate greenway and trail plans and development by local

11  governments with one another and with the state government and

12  Federal Government; and to encourage, whenever possible, the

13  development of greenways and trails on federal lands by the

14  Federal Government.

15         (3)  It is the intent of the Legislature that greenways

16  be located only on public lands and on private lands where the

17  private landowner has agreed in writing to have those private

18  lands designated as a greenway and granted the public the use

19  of those private lands for recreational activities by the

20  donation or sale of an easement, or where the private

21  landowner is willing to voluntarily sell the fee simple

22  interest, or any lesser interest such as a lease or management

23  agreement, in the designated private lands. Private landowners

24  should be encouraged to enter into agreements for the public

25  use of their lands as part of the statewide system of

26  greenways through positive incentives developed pursuant to s.

27  260.016(3). It is the intent of the Legislature that

28  information used in the identification of lands, both public

29  and private, that are suitable for greenways be used only for

30  the purposes of:

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  1         (a)  Setting priorities for acquisition, planning, and

  2  management of public lands for use as greenways; or

  3         (b)  identification of private lands which are eligible

  4  for designation as part of the greenways system and are

  5  thereby eligible for incentives.

  6         (4)(3)  The planning, development, operation, and

  7  maintenance of the Florida Greenways and Trails System

  8  authorized by ss. 260.011-260.018 is declared to be a public

  9  purpose, and the Department of Environmental Protection,

10  together with other governments and agencies of this state and

11  all counties, municipalities, and special districts of this

12  state, is authorized to spend public funds for such purposes

13  and to accept gifts and grants of funds, property, or property

14  rights from public or private sources to be used for such

15  purposes.

16         (5)(4)  The provisions of s. 375.251 relating to the

17  liability of persons making lands available for outdoor

18  recreational purposes shall be applicable to persons whose

19  lands are made available for public use as greenways pursuant

20  to this chapter ss. 260.011-260.018.

21         (6)  It is the intent of the Legislature that

22  incentives granted by any unit of government to private

23  landowners, including tax incentives, grants, or other

24  financial consideration specific to the development or

25  management of greenways, shall not be construed as a charge

26  for use or profit derived from patronage for purposes of s.

27  375.251.

28         (7)(5)  It is the intent of the Legislature to

29  officially recognize the Florida National Scenic Trail as

30  Florida's official statewide trail from the Florida Panhandle

31  to the Everglades.  It is also the intent of the Legislature

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  1  to encourage all state, regional, and local agencies who

  2  acquire lands to include in their land-buying efforts the

  3  acquisition of sufficient legal interest in the lands over

  4  which the trail passes to ensure its continued existence in a

  5  permanent location.

  6         Section 2.  Section 260.013, Florida Statutes, is

  7  amended to read:

  8         260.013  Definitions.--As used in ss. 260.011-260.018,

  9  unless the context otherwise requires:

10         (1)(4)  "Board" means the Board of Trustees of the

11  Internal Improvement Trust Fund.

12         (2)(3)  "Department" means the Department of

13  Environmental Protection.

14         (3)  "Designation" means identification of specific

15  lands as part of the statewide system of greenways pursuant

16  to:

17         (a)  A formal public process which shall require that

18  the specific written consent of any affected private

19  nongovernmental landowner must be obtained; and

20         (b)  A written authorization granted by a private,

21  nongovernmental landowner to the department permitting public

22  access to all or a specified part of the landowner's property

23  for recreational activities.

24

25  Mapping or other identification of lands as suitable or

26  desirable for inclusion in the system of greenways, mapping of

27  ecological characteristics for any purposes, or development of

28  information for planning purposes shall not be construed as

29  designation.

30         (4)(2)  "Greenway" means a linear open space

31  established along either a natural corridor, such as a

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  1  riverfront, stream valley, or ridgeline, or over land along a

  2  railroad right-of-way converted to recreational use, a canal,

  3  a scenic road, or other route; any natural or landscaped

  4  course for pedestrian or bicycle passage; an open space

  5  connector linking parks, nature reserves, cultural features,

  6  or historic sites with each other and populated areas; or a

  7  local strip or linear park designated as a parkway or

  8  greenbelt.

  9         (5)(1)  "Trails" means linear corridors and any

10  adjacent support parcels on land or water providing public

11  access for recreation or authorized alternative modes of

12  transportation.

13         Section 3.  Section 260.014, Florida Statutes, is

14  amended to read:

15         260.014  Florida Greenways and Trails System.--The

16  Florida Greenways and Trails System shall be a statewide

17  system of greenways and trails which shall consist of

18  individual greenways and trails and networks of greenways and

19  trails which may be designated as a part of the statewide

20  system by the department. No lands may be designated as a part

21  of the statewide system of greenways without the specific

22  written consent of the private nongovernmental landowner.

23         Section 4.  Section 260.0141, Florida Statutes, is

24  amended to read:

25         260.0141  Greenways and Trails Program.--

26         (1)  There is established within the department the

27  "Florida Greenways and Trails Program," the purpose of which

28  is to facilitate the establishment of a statewide system of

29  greenways and trails. Such greenways and trails shall be

30  acquired pursuant to this act.

31

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  1         (2)  Planning materials, maps, data, and other

  2  information developed or used in the program shall not be

  3  construed as designation of lands as part of the statewide

  4  system of greenways. Identification of lands in such

  5  information:

  6         (a)  Shall not empower any unit of local government, or

  7  regional government or any state agency to impose additional

  8  or more restrictive environmental, land use, or zoning rules

  9  or regulations;

10         (b)  Shall not be construed or cited as authority to

11  adopt or enforce any environmental rule or regulation; any

12  comprehensive plan goals, policies, or objectives; any zoning

13  or land use ordinance; the imposition of any permit condition;

14  or the application of any other rule, regulation, or ordinance

15  by any subdivision of local, regional, or state government;

16  and

17         (c)  Shall not be used by any governmental agency to

18  reduce or restrict the rights of the owners of lands so

19  identified, unless the owners voluntarily agree to such

20  restrictions.

21         Section 5.  Paragraph (b) of subsection (1) and

22  subsection (2) of section 260.015, Florida Statutes, are

23  amended to read:

24         260.015  Acquisition of land.--

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

26  purchase the fee simple absolute title or any lesser interest

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

28  260.011-260.018 pursuant to the provisions of chapter 375,

29  except that:

30

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  1         (b)  Lists of proposed acquisitions for the Florida

  2  Greenways and Trails Program shall be prepared according to

  3  procedures adopted by the department.

  4         (2)  For purposes of the Florida Greenways and Trails

  5  Program, the board may:

  6         (a)  Accept fee simple title or any lesser interest in

  7  lands through methods, including, but not limited to,

  8  purchase, donation, grant, dedication, lease, easement,

  9  license, or other agreement, to facilitate the establishment

10  of a statewide system of greenways and trails.

11         (b)  Accept title to abandoned railroad rights-of-way

12  which is conveyed by quitclaim deed through purchase,

13  dedication, gift, grant, or settlement, notwithstanding s.

14  259.041(1).

15         (c)  Enter into an agreement or, upon delegation, the

16  department may enter into an agreement, with a nonprofit

17  corporation, as defined in s. 259.041(7)(e), to assume

18  responsibility for acquisition of lands pursuant to this

19  section. The agreement may transfer responsibility for all

20  matters which may be delegated or waived pursuant to s.

21  259.041(1).

22         Section 6.  Section 260.016, Florida Statutes, is

23  amended to read:

24         260.016  General powers of the department.--

25         (1)  The department may:

26         (a)  Publish and distribute appropriate maps of

27  designated greenways and trails. The description shall include

28  a generalized map delineating the area designated, location of

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

30  interest to enhance the recreational opportunities of the

31  public.

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

  2  facilities along greenways and trails which will not

  3  substantially interfere with the nature and purposes of the

  4  greenway or trail.

  5         (c)  Adopt rules to implement this act, which may

  6  include rules regarding:

  7         1.  Designation, maintenance, and use of greenways and

  8  trails.

  9         2.  Access to and fees for the use of greenways and

10  trails.

11         3.  Entering into agreements with landowners for the

12  use of greenways and trails, including rules for acquiring fee

13  simple or other interests in private or public lands.

14         4.  Restrictions or prohibitions on the use of

15  greenways and trails.

16         5.  Any other matter necessary for the greenways

17  program.

18         (c)  Adopt appropriate rules for the use of greenways

19  and trails.

20         (d)  Coordinate the activities of all governmental

21  units and bodies and special districts that desire to

22  participate in the development of the Florida Greenways and

23  Trails System.

24         (e)  Appoint an advisory body to be known as the

25  "Florida Recreational Trails Council" which shall advise the

26  department in the execution of its powers and duties under

27  this chapter.  The department may establish by rule the

28  duties, structure, and responsibilities of the council.

29  Members of the Florida Recreational Trails Council shall serve

30  without compensation, but are entitled to be reimbursed for

31  per diem and travel expenses as provided in s. 112.061.

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  1         (e)(f)  Establish, develop, and publicize saltwater

  2  paddling trails in a manner that will permit public recreation

  3  without damaging natural resources. The Big Bend Historic

  4  Saltwater Paddling Trail from the St. Marks River to the

  5  Suwannee River is hereby designated as part of the Florida

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

  7  added by the department from time to time as part of a

  8  statewide saltwater circumnavigation trail.

  9         (f)(g)  Enter into sublease agreements or other use

10  agreements with local governmental agencies for the management

11  of greenways and trails for recreation and conservation

12  purposes consistent with the intent of this chapter.

13         (g)(h)  Enter into management agreements with other

14  entities only if a federal agency, another state agency, local

15  government, county, or municipality is unable to manage the

16  greenways or trails lands.  Such entities must demonstrate

17  their capabilities of management for the purposes defined in

18  ss. 260.011-260.018.

19         (h)(i)  Charge reasonable fees or rentals for the use

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

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

22  account or trust fund of the managing entity.  All such fees,

23  rentals, or other charges collected by the Division of

24  Recreation and Parks under this paragraph shall be deposited

25  in the State Park Trust Fund pursuant to s. 258.014.

26         (2)  The department shall:

27         (a)  Evaluate lands for the acquisition of greenways

28  and trails and compile a list of suitable corridors,

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

30  proposed acquisition.  The department shall devise a method of

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

  2  consideration of:

  3         1.  The importance and function of such corridors

  4  within the statewide system.

  5         2.  Potential for local sharing in the acquisition,

  6  development, operation, or maintenance of greenway and trail

  7  corridors.

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

  9  maintenance.

10         (b)  Maintain an updated list of abandoned and

11  to-be-abandoned railroad rights-of-way.  The department shall

12  request information on current and potential railroad

13  abandonments from the Department of Transportation, the

14  Interstate Commerce Commission, and railroad companies

15  operating within the state.  At a minimum, the department

16  shall make such requests on a quarterly basis.

17         (c)  Provide information to public and private agencies

18  and organizations on abandoned rail corridors which are or

19  will be available for acquisition from the railroads or for

20  lease for interim recreational use from the Department of

21  Transportation. Such information shall include, at a minimum,

22  probable costs of purchase or lease of the identified

23  corridors.

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

25  lands as part of the statewide system of greenways, which

26  process shall include:

27         1.  Development and dissemination of criteria for

28  designation;

29         2.  Development and dissemination of criteria for

30  changes in the terms or conditions of designation, including

31  withdrawal or termination of designations;

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  1         3.  Compilation of available information on the

  2  recreational, ecological, historical, and cultural

  3  characteristics and other attributes of lands as they relate

  4  to the developed criteria;

  5         4.  Field verification of characteristics and criteria

  6  for specific lands to be designated;

  7         5.  Public notice and appropriate provision for peer

  8  review in all phases of the process, including any required

  9  rulemaking; and

10         6.  Where private lands have not been purchased in fee

11  simple, written authorization from an affected landowner in

12  the form of an easement, lease, or other instrument that

13  grants public access to all or a specified part of a

14  landowner's property.

15         (3)  The department is authorized to negotiate with

16  potentially affected private landowners as to the terms under

17  which such landowners would consent to the public use of their

18  lands as part of the greenways system. The department is

19  authorized to agree to incentives for a private landowner who

20  consents to enter into a voluntary easement or other agreement

21  for the public use of lands or to sell such lands to the state

22  or other governmental unit. Such incentives include, but are

23  not limited to:

24         (a)  Credits for mitigation of impacts to wetlands or

25  other surface waters for activities on other lands, including

26  the ability to market such credits or to use such credits in

27  the context of an ecosystem management agreement, provided

28  such award, use, or marketing of mitigation credits is in

29  compliance with part IV of chapter 373 and rules adopted under

30  that part.

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  1         (b)  Retention by the landowner of certain specific

  2  rights in greenway lands, such as the right to farm, graze,

  3  harvest timber, or use the lands for other purposes that are

  4  consistent with use of the lands as a greenway.

  5         (c)  Agreements to exchange, subject to the approval of

  6  the Board of Trustees of the Internal Improvement Trust Fund

  7  or other applicable unit of government, ownership or other

  8  rights of use of public lands for the ownership or other

  9  rights of use of privately owned property. Any exchange of

10  state-owned lands, title to which is vested in the Board of

11  Trustees of the Internal Improvement Trust Fund, for privately

12  owned lands shall be subject to the requirements of s.

13  259.041.

14         (d)  Contracting with the landowner to provide

15  management or other services on the lands.

16         (e)  Acceleration of the acquisition process or

17  increased acquisition priority when such privately owned lands

18  are under consideration for acquisition by the state or other

19  unit of government.

20

21  Incentives granted by any unit of government to private

22  landowners, including tax incentives, grants, or other

23  financial consideration specific to the development or

24  management of greenways, shall not be construed as a charge

25  for use or profit derived from patronage for purposes of s.

26  375.251.

27         (4)  When a private landowner agrees to make land

28  available for public use as a greenway, the department shall

29  post notices along the boundary of the greenway which inform

30  the public that the land adjacent to the greenway is private

31  property upon which unauthorized entry for any purpose is

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  1  prohibited. The notices shall constitute a warning to

  2  unauthorized persons to remain off of or depart from the

  3  property. Any person who commits such an unauthorized entry is

  4  guilty of trespass as provided in s. 810.09.

  5         Section 7.  Section 260.018, Florida Statutes, is

  6  amended to read:

  7         260.018  Agency recognition.--All agencies of the

  8  state, regional planning councils through their comprehensive

  9  plans, and local governments through their local comprehensive

10  planning process pursuant to chapter 163 shall recognize the

11  special character of the lands and waters designated by the

12  state as greenways and trails and shall not take any action

13  which will impair their use as designated. Identification of

14  lands or waters in planning materials, maps, data, and other

15  information developed or used in the greenways program shall

16  not be cause for such lands or waters to be subject to this

17  section unless such lands have been designated as part of the

18  statewide system of greenways.

19         Section 8.  Subsections (3), (15), (16), (17), and (18)

20  of section 259.041, Florida Statutes, are amended to read:

21         259.041  Acquisition of state-owned lands for

22  preservation, conservation, and recreation purposes.--

23         (3)  No agreement to acquire real property for the

24  purposes described in this chapter, chapter 260, or chapter

25  375, title to which will vest in the board of trustees, may

26  bind the state unless and until the agreement has been

27  reviewed and approved by the Department of Environmental

28  Protection as complying with the requirements of this section

29  and any rules adopted pursuant to this section. However,

30  review and approval of agreements for acquisitions for Florida

31  Greenways and Trails Program properties pursuant to chapter

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  1  260 may be waived by the department in any contract with

  2  nonprofit corporations who have agreed to assist the

  3  department with this program. Where any of the following

  4  conditions exist, the agreement shall be submitted to and

  5  approved by the board of trustees:

  6         (a)  The purchase price agreed to by the seller exceeds

  7  the value as established pursuant to the rules of the board of

  8  trustees;

  9         (b)  The contract price agreed to by the seller and

10  acquiring agency exceeds $1 million;

11         (c)  The acquisition is the initial purchase in a

12  project; or

13         (d)  Other conditions that the board of trustees may

14  adopt by rule. Such conditions may include, but not be limited

15  to, projects where title to the property being acquired is

16  considered nonmarketable or is encumbered in such a way as to

17  significantly affect its management.

18

19  Where approval of the board of trustees is required pursuant

20  to this subsection, the acquiring agency must provide a

21  justification as to why it is in the public's interest to

22  acquire the parcel or project. Approval of the board of

23  trustees also is required for projects the department

24  recommends acquiring pursuant to subsections (13) and (14).

25         (15)  The Auditor General shall conduct performance

26  postaudits of acquisitions and divestitures which he or she

27  deems necessary, according to his or her review of the overall

28  land acquisition program. These selected reviews will be

29  initiated within 60 days following the final approval by the

30  board of land acquisitions under this section. The Auditor

31  General shall submit an audit report to the board of trustees,

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  1  the President of the Senate, the Speaker of the House of

  2  Representatives, and their designees.

  3         (15)(16)  Title to lands to be held jointly by the

  4  board of trustees and a water management district and acquired

  5  pursuant to the procedures set out in s. 373.139 may be deemed

  6  to meet the standards necessary for ownership by the board of

  7  trustees, notwithstanding any provisions in this section or in

  8  related rules.

  9         (16)(17)  Any agency authorized to acquire lands on

10  behalf of the board of trustees is authorized to request

11  disbursement of payments for real estate closings in

12  accordance with a written authorization from an ultimate

13  beneficiary to allow a third party authorized by law to

14  receive such payment provided the Comptroller determines that

15  such disbursement is consistent with good business practices

16  and can be completed in a manner minimizing costs and risks to

17  the state.

18         (17)(18)  Many parcels of land acquired pursuant to

19  this section may contain cattle-dipping vats as defined in s.

20  376.301. The state is encouraged to continue with the

21  acquisition of such lands including the cattle-dipping vats.

22         Section 9.  Section 216.331, Florida Statutes, is

23  amended to read:

24         216.331  Disbursement of state moneys.--Except as

25  provided in s. 17.076, s. 253.025(14), s. 259.041(16)(17), s.

26  717.124(5), s. 732.107(6), or s. 733.816(5), all moneys in the

27  State Treasury shall be disbursed by state warrant, drawn by

28  the Comptroller upon the State Treasury and payable to the

29  ultimate beneficiary. This authorization shall include

30  electronic disbursement.

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  1         Section 10.  Paragraph (g) of subsection (3) of section

  2  259.101, Florida Statutes, is amended to read:

  3         259.101  Florida Preservation 2000 Act.--

  4         (3)  LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the

  5  costs of issuance, the costs of funding reserve accounts, and

  6  other costs with respect to the bonds, the proceeds of bonds

  7  issued pursuant to this act shall be deposited into the

  8  Florida Preservation 2000 Trust Fund created by s. 375.045.

  9  Ten percent of the proceeds of any bonds deposited into the

10  Preservation 2000 Trust Fund shall be distributed by the

11  Department of Environmental Protection to the Department of

12  Environmental Protection for the purchase by the South Florida

13  Water Management District of lands in Dade, Broward, and Palm

14  Beach Counties identified in s. 7, chapter 95-349, Laws of

15  Florida. This distribution shall apply for any bond issue for

16  the 1995-1996 fiscal year. For the 1997-1998 fiscal year only,

17  $20 million per year from the proceeds of any bonds deposited

18  into the Florida Preservation 2000 Trust Fund shall be

19  distributed by the Department of Environmental Protection to

20  the St. Johns Water Management District for the purchase of

21  lands necessary to restore Lake Apopka. The remaining proceeds

22  shall be distributed by the Department of Environmental

23  Protection in the following manner:

24         (g)  One and three-tenths percent to the Department of

25  Environmental Protection for the Florida Greenways and Trails

26  Program, to acquire greenways and trails or greenways and

27  trails systems pursuant to chapter 260, including, but not

28  limited to, abandoned railroad rights-of-way and the Florida

29  National Scenic Trail.

30

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  1  Local governments may use federal grants or loans, private

  2  donations, or environmental mitigation funds, including

  3  environmental mitigation funds required pursuant to s.

  4  338.250, for any part or all of any local match required for

  5  the purposes described in this subsection.  Bond proceeds

  6  allocated pursuant to paragraph (c) may be used to purchase

  7  lands on the priority lists developed pursuant to s. 259.035.

  8  Title to lands purchased pursuant to paragraphs (a), (d), (e),

  9  (f), and (g) shall be vested in the Board of Trustees of the

10  Internal Improvement Trust Fund, except that title to lands,

11  or rights or interests therein, acquired by either the

12  Southwest Florida Water Management District or the St. Johns

13  River Water Management District in furtherance of the Green

14  Swamp Land Authority's mission pursuant to s. 380.0677(3),

15  shall be vested in the district where the acquisition project

16  is located.  Title to lands purchased pursuant to paragraph

17  (c) may be vested in the Board of Trustees of the Internal

18  Improvement Trust Fund, except that title to lands, or rights

19  or interests therein, acquired by either the Southwest Florida

20  Water Management District or the St. Johns River Water

21  Management District in furtherance of the Green Swamp Land

22  Authority's mission pursuant to s. 380.0677(3), shall be

23  vested in the district where the acquisition project is

24  located.  This subsection is repealed effective October 1,

25  2000. Prior to repeal, the Legislature shall review the

26  provisions scheduled for repeal and shall determine whether to

27  reenact or modify the provisions or to take no action.

28         Section 11.  Section 261.011, Florida Statutes, is

29  created to read:

30         261.011  Short title.--This chapter may be cited as the

31  "Florida Green Communities Act."

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  1         Section 12.  Section 261.012, Florida Statutes, is

  2  created to read:

  3         261.012  Legislative findings, declaration, and

  4  intent.--

  5         (1)  The Legislature finds and declares that:

  6         (a)  As Florida has one of the fastest growing

  7  populations in the nation and is rapidly urbanizing, a new

  8  land conservation and outdoor recreation program must be

  9  developed and targeted to those areas of the state where the

10  majority of Floridians will live and work in the

11  future--Florida's cities and urban areas.

12         (b)  Urban areas of the state frequently lack adequate

13  land and facilities for active and passive outdoor

14  recreational activities, including hiking, bicycling, jogging,

15  walking, swimming, nature study, canoeing, and other

16  nonmotorized uses. The Legislature finds that such facilities

17  would improve the health and welfare of the residents of our

18  cities and towns and would assist in helping youth avoid

19  becoming involved in unhealthy or criminal activities.

20         (c)  Waterfront areas, drinking water sources, rivers,

21  streams, lakes, and floodplains in urban areas should be

22  preserved or restored to protect adequate supplies of drinking

23  water and wildlife habitat in such areas.

24         (d)  Fragmented ecosystems, habitat preserves, and

25  plant and animal life would be more likely to survive over

26  time if such ecosystems and preserves can be linked and

27  expanded.

28         (e)  Fragmented ecosystems and habitat preserves in

29  public ownership, and other greenways which are incomplete,

30  should be connected by the acquisition, through donation or

31  purchase, of the necessary property interests to achieve the

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  1  purposes of this chapter, including, but not limited to

  2  donation or purchase of fee simple, easement, or long-term

  3  leasehold interests.

  4         (f)  Florida's landmark conservation and recreation

  5  land acquisition programs have succeeded in acquiring many

  6  thousands of acres of land for conservation and public

  7  recreation uses. However, sufficient funds have not been

  8  provided to permit state agencies and local governments to

  9  appropriately manage this land for ecological restoration or

10  provide visitor use and access facilities in many recently

11  acquired properties.

12         (g)  Local governments, in partnership with state

13  agencies, should bear primary responsibility for selecting and

14  acquiring lands to be protected under this chapter utilizing

15  state matching funds.

16         (2)(a)  It is the intent of the Legislature, by this

17  act, to adopt the goals and implementing steps set forth in

18  the 1995 Report of the Florida Greenways Commission calling

19  for a comprehensive statewide system of greenways, with

20  adequate access for all citizens.

21         (b)  It is the further intent of the Legislature to

22  provide additional funds for the purposes of supplementing

23  land management, restoration, visitor use facilities, and

24  interpretive or educational facilities in the state and local

25  conservation and public recreation areas.

26         Section 13.  Section 261.013, Florida Statutes, is

27  created to read:

28         261.013  The Florida Green Communities Trust Fund if

29  created by law, or otherwise the General Revenue Fund, shall

30  be administered by the Department of Environmental Protection

31  to carry out the purposes of this act. Each fiscal year

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  1  commencing with fiscal year 2000-2001, there shall be

  2  deposited in the trust fund if created by law, or otherwise

  3  the General Revenue Fund, 50 percent of the proceeds collected

  4  monthly by the Department of Revenue pursuant to parts I, II,

  5  and III of chapter 199, as well as the net proceeds of any

  6  bond sales authorized by the Legislature for the purposes of

  7  this act, and all contributions received for such purposes.

  8  Funds so deposited shall be distributed by the Department of

  9  Environmental Protection in the following manner:

10         (1)  Twenty-five percent to the Department of

11  Environmental Protection for use by the Office of Greenways

12  and Trails, or its successor agency, to provide matching

13  grants to local governments and state agencies for the

14  acquisition of lands and related purposes as described in ss.

15  260.012-260.018, and s. 261.012. Funds distributed to local

16  governments shall be utilized for the acquisition of lands for

17  greenways, in-holdings within greenways, and connectors,

18  linkages, and additions to greenways. Grants shall be made to

19  local governments and state agencies only as selected and

20  determined by the Florida Greenways Coordinating Council as

21  created in s. 253.787, or it successor agency.

22         (2)  Twenty-five percent to the Department of Community

23  Affairs for use by the Florida Communities Trust to provide

24  matching grants for the purposes provided in this chapter to

25  local governments and qualified, nonprofit, tax-exempt land

26  conservation organizations, to assist in the acquisition of

27  community-based, urban open spaces, parks, and greenways. The

28  Florida Communities Trust shall give preference to projects

29  proposing to provide outdoor recreation facilities in urban

30  areas currently lacking adequate recreational and open-space

31  lands.

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  1         (3)  Twenty-five percent to the Department of

  2  Environmental Protection to provide matching grants to local

  3  governments and state agencies for the development of visitor

  4  use facilities on public lands and for land management,

  5  restoration of degraded natural areas, and preservation of

  6  public lands. Funds shall be distributed under this subsection

  7  to eligible state and local agencies on the recommendation of

  8  the Land Acquisition and Management Advisory Council.

  9         (4)  Twenty-five percent to the Department of

10  Environmental Protection to provide matching grants to state

11  and local government agencies and to water management

12  districts, to acquire interest in lands for the purposes of

13  protecting rivers, lakes, streams, and aquifers from

14  degradation of water quality; to prevent the loss of drinking

15  water supplies through pollution; and to provide public access

16  to these waterbodies for passive, nonmotorized recreational

17  purposes. Funds shall be distributed under this subsection on

18  the recommendation of the Land Acquisition and Management

19  Advisory Council.

20         Section 14.  Section 261.014, Florida Statutes, is

21  created to read:

22         261.014  Florida Green Communities Trust Fund projects;

23  evaluation and selection.--

24         (1)(a)  The department, through the Land Acquisition

25  and Management Advisory Council, shall develop criteria for

26  the evaluation and selection of projects that will best

27  implement the purposes described in s. 261.013(3) to provide

28  land management, restoration, preservation, and visitor use

29  facilities on public lands.

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  1         (b)  In developing criteria for the evaluation and

  2  selection of projects to be funded, the council shall give

  3  priority to projects that will:

  4         1.  Create or enhance public access to and use of

  5  public lands for outdoor recreation and resource conservation;

  6         2.  Create or enhance public access to and use of

  7  public conservation, recreation, park, and open-space lands

  8  within cities with populations greater than 50,000 or within

  9  counties with populations greater than 125,000, according to

10  the most recent United States census;

11         3.  Improve or restore degraded natural areas; or

12         4.  Create or improve necessary visitor use facilities,

13  such as hiking trails, parking areas, bathrooms, picnic areas,

14  boardwalks, and environmental education and interpretative

15  facilities.

16         5.  Preserve significant archeological and historic

17  sites.

18         (2)(a)  The department, through the Land Acquisition

19  and Management Advisory Council, shall determine by rule

20  criteria for the evaluation and selection of projects to be

21  funded pursuant to s. 261.013(4) for the conservation and

22  improvement of water resources, as described in that

23  subsection.

24         (b)  In establishing criteria for the evaluation and

25  selection of local government and water management district

26  projects to be funded, the council shall give priority to

27  projects that will:

28         1.  Protect the water quality of surface waters of the

29  state;

30         2.  Protect the water quality and quantity of drinking

31  water supplies through land acquisition;

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  1         3.  Help restore the quality of waterbodies as wildlife

  2  habitat;

  3         4.  Provide enhanced public access to surface

  4  waterbodies consistent with the primary purpose of water

  5  resource protection;

  6         5.  Provide land management and resource protection to

  7  public lands that are at greatest risk for resource

  8  degradation or are currently substantially not usable by the

  9  public due to lack of access or lack of visitor use

10  facilities; or

11         6.  Provide for the removal of upland exotic plant

12  species which harm or supplant natural resources.

13         (3)  The department shall provide the council with

14  staff sufficient to carry out its purposes and functions under

15  this section and s. 261.013(3) and (4).

16         Section 15.  Section 261.015, Florida Statutes, is

17  created to read:

18         261.015  Uses of trust fund moneys.--Nothing in this

19  chapter shall authorize the use of funds from the Florida

20  Green Communities Trust Fund if created by law, or otherwise

21  the General Revenue Fund, for the development, purchase, or

22  use of any motorized means of transportation, including, but

23  not limited to, motorbikes and motorcycles, automobiles,

24  trucks, all-terrain vehicles or "jet-powered" water

25  transports.  Such vehicles shall not be permitted on any lands

26  or waters acquired in whole or in part by or with such funds,

27  with the exception of those motorized vehicles necessary for

28  law enforcement, land management, or emergency response.

29         Section 16.  Paragraph (j) is added to subsection (6)

30  of section 253.787, Florida Statutes, to read:

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  1         253.787  Florida Greenways Coordinating Council;

  2  composition; duties.--

  3         (6)  The council shall:

  4         (j)  Annually prepare, from projects submitted by local

  5  governments and state agencies, a list of proposed greenways

  6  properties to be acquired by purchase, or the donation of

  7  interests in such property, pursuant to s. 261.013(1). The

  8  department shall, within 90 days after the effective date of

  9  this act, adopt rules establishing the duties and

10  responsibilities of the council under this paragraph,

11  notwithstanding any other statute or rule requiring any other

12  procedure or time period.

13         Section 17.  Subsection (15) is added to section

14  380.507, Florida Statutes, to read:

15         380.507  Powers of the trust.--The trust shall have all

16  the powers necessary or convenient to carry out the purposes

17  and provisions of this part, including:

18         (15)  To evaluate and select greenways conservation and

19  recreation projects to be funded by the Florida Green

20  Communities Trust Fund if created by law, or otherwise the

21  General Revenue Fund, for the purposes provided in chapter

22  261.

23         Section 18.  Subsection (9) is added to section

24  380.508, Florida Statutes, to read:

25         380.508  Projects; development, review, and approval.--

26         (9)(a)  The governing body of the trust shall adopt by

27  rule criteria for evaluating and selecting projects to be

28  funded in whole or in part with moneys allocated to the trust

29  from the Florida Green Communities Trust Fund if created by

30  law, or otherwise the General Revenue Fund, pursuant to s.

31  261.013(2), for the purposes provided in chapter 261.

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  1         (b)  In establishing criteria for the evaluation and

  2  selection of projects to be funded, the governing body of the

  3  trust shall give priority to projects that will:

  4         1.  Provide open-space and outdoor recreational

  5  opportunities to residents of cities with populations greater

  6  than 50,000 or to residents of counties with populations

  7  greater than 125,000, according to the most recent census;

  8         2.  Establish, add to, connect, or complete greenways

  9  in or near urban population centers;

10         3.  Obtain public access and use of waterfronts, lakes,

11  ocean beaches, rivers, streams, and other waterbodies in or

12  near urban population centers;

13         4.  Be located within a brownfield area as defined in

14  chapter 376;

15         5.  Restore or improve wetlands, beaches, or former

16  natural areas in or near urban population centers; or

17         6.  Add, connect, or provide public access to existing

18  state, federal, or local parks, preserves, or water management

19  or resource protection areas.

20         Section 19.  The Legislature intends that the Florida

21  Communities Trust of the Department of Community Affairs be

22  appropriated annually from the Florida Green Communities Trust

23  Fund if created by law, or otherwise the General Revenue Fund,

24  sufficient moneys and staff positions to implement the

25  programs created or expanded by this act.

26         Section 20.  This act shall take effect July 1, 2000.

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

  2                          HOUSE SUMMARY

  3
      Effective July 1, 2000, revises the "Florida Greenways
  4    and Trails Act" and creates the "Florida Green
      Communities Act" to provide for a comprehensive statewide
  5    system of greenways for conservation and recreation
      purposes. Provides for designation, acquisition, use,
  6    preservation, and restoration and maintenance of greenway
      lands. Provides authority and responsibility of the
  7    Department of Environmental Protection to develop and
      implement a process for such designation and to negotiate
  8    with landowners and provide certain incentives. Requires
      the department to post trespass notices along greenway
  9    boundaries. Provides sources, distribution, and uses of
      moneys from the Florida Green Communities Trust Fund,
10    created elsewhere by law. Provides responsibilities of
      the department, the Land Acquisition and Management
11    Advisory Council, the Office of Greenways and Trails, the
      Florida Greenways Coordinating Council, the Department of
12    Community Affairs, the Florida Communities Trust, and the
      water management districts with respect to acquiring
13    interests in lands, and providing grants to state and
      local agencies and governments, for purposes of the act.
14    Removes provisions relating to postaudit by the Auditor
      General of lands acquired for conservation purposes.
15    Provides legislative intent for future annual
      appropriations. See bill or details.
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