House Bill 1765

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    Florida House of Representatives - 1999                HB 1765

        By Representative Dockery






  1                      A bill to be entitled

  2         An act relating to greenways and trails;

  3         amending s. 253.7825, F.S.; providing acreage

  4         requirements for a horse park-agricultural

  5         center; repealing s. 253.787, F.S., relating to

  6         the Florida Greenways Coordinating Council;

  7         creating s. 260.0142, F.S.; creating the

  8         Florida Greenways and Trails Council within the

  9         Department of Environmental Protection;

10         providing for appointment, membership, powers,

11         and duties; amending s. 260.016, F.S.; deleting

12         reference to the Florida Recreational Trails

13         Council; revising powers of the Department of

14         Environmental Protection; amending ss. 260.0125

15         and 260.018, F.S.; correcting cross references;

16         providing an effective date.

17

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

19

20         Section 1.  Paragraph (a) of subsection (4) of section

21  253.7825, Florida Statutes is amended to read:

22         253.7825  Recreational uses.--

23         (4)(a)  A horse park-agricultural center may be

24  constructed by or on behalf of the Florida Department of

25  Agriculture and Consumer Services on not more than 500 250

26  acres of former canal lands which meet the criteria for

27  surplus lands and which lie outside the greenways boundary.

28         Section 2.  Section 253.787, Florida Statutes, is

29  repealed.

30         Section 3.  Section 260.0142, Florida Statutes, is

31  created to read:

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  1         260.0142  Florida Greenways and Trails Council created;

  2  composition of council; powers and duties.--

  3         (1)  There is hereby created within the Department of

  4  Environmental Protection the Florida Greenways and Trails

  5  Council which shall advise the department in the execution of

  6  the department's powers and duties under this chapter. The

  7  council shall be composed of 21 members, consisting of:

  8         (a)  Five members appointed by the Governor, with two

  9  members representing the trail user community, two members

10  representing the greenway user community, and one member

11  representing landowners. Of the initial appointments, two

12  shall be appointed for 2-year terms and three shall be

13  appointed for 1-year terms.  Subsequent appointments shall be

14  for 2-year terms.

15         (b)  Three members appointed by the President of the

16  Senate, with one member representing the trail user community

17  and two members representing the greenway user community.  Of

18  the initial appointments, two shall be appointed for 2-year

19  terms and one shall be appointed for a 1-year term. Subsequent

20  appointments shall be for 2-year terms.

21         (c)  Three members appointed by the Speaker of the

22  House of Representatives, with two members representing the

23  trail user community and one member representing the greenway

24  user community.  Of the initial appointments, two shall be

25  appointed for 2-year terms and one shall be appointed for a

26  1-year term.  Subsequent appointments shall be for 2-year

27  terms.

28

29  Those eligible to represent the trail user community shall be

30  chosen from, but not be limited to, paved trail users, hikers,

31  off-road bicyclists, paddlers, equestrians, disabled outdoor

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  1  recreational users, and commercial recreational interests.

  2  Those eligible to represent the greenway user community shall

  3  be chosen from, but not be limited to, conservation

  4  organizations, nature study organizations, and scientists and

  5  university experts.

  6         (d)  The ten remaining members shall include:

  7         1.  The Secretary of Environmental Protection or a

  8  designee;

  9         2.  The executive director of the Fish and Wildlife

10  Conservation Commission or a designee;

11         3.  The Secretary of Community Affairs or a designee;

12         4.  The Secretary of Transportation or a designee;

13         5.  The Director of the Division of Forestry of the

14  Department of Agriculture and Consumer Services or a designee;

15         6.  The director of the Division of Historical

16  Resources of the Department of State or a designee;

17         7.  A representative of the water management districts

18  who shall serve for 1 year.  Membership on the council shall

19  rotate among the five districts.  The districts shall

20  determine the order of rotation;

21         8.  A representative of a federal land management

22  agency.  The Secretary of Environmental Protection shall

23  identify the appropriate federal agency and request

24  designation of a representative from the agency to serve on

25  the council;

26         9.  A representative of the regional planning councils

27  to be appointed by the Secretary of Environmental Protection,

28  in consultation with the Secretary of Community Affairs, for a

29  single 2-year term.  The representative cannot be selected

30  from the same regional planning council for successive terms;

31  and

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  1         10.  A representative of local governments to be

  2  appointed by the Secretary of Environmental Protection, in

  3  consultation with the Secretary of Community Affairs, for a

  4  single 2-year term.  Membership shall alternate between a

  5  county representative and a municipal representative.

  6         (2)  The department shall provide necessary staff

  7  assistance to the council.

  8         (3)  The council is authorized to contract for and to

  9  accept gifts, grants, loans, or other aid from the United

10  States Government or any person or corporation.

11         (4)  The duties of the council shall include, but not

12  be limited to, the following:

13         (a)  Advise the Department of Environmental Protection,

14  the Department of Community Affairs, the Department of

15  Transportation, the Fish and Wildlife Conservation Commission,

16  the Division of Forestry of the Department of Agriculture and

17  Consumer Services, the water management districts, and the

18  regional planning councils on policies relating to the Florida

19  Greenways and Trails System, and promote intergovernmental

20  cooperation;

21         (b)  Facilitate a statewide system of interconnected

22  land-based trails that connect urban, suburban, and rural

23  areas of the state and facilitate expansion of the statewide

24  system of freshwater and saltwater paddling trails;

25         (c)  Recommend priorities for critical links in the

26  Florida Greenways and Trails System;

27         (d)  Review applications for acquisition funding under

28  the Florida Greenways and Trails Program and recommend to the

29  Secretary of Environmental Protection which projects should be

30  acquired;

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  1         (e)  Provide recommendations to those agencies and

  2  organizations which fund acquisition, development, and

  3  management of lands and promote private landowner incentives;

  4         (f)  Review designation proposals for inclusion in the

  5  Florida Greenways and Trails System;

  6         (g)  Provide advocacy and education to benefit the

  7  statewide system of greenways and trails by encouraging

  8  communication and conferencing;

  9         (h)  Encourage public-private partnerships;

10         (i)  Review progress toward meeting established

11  benchmarks and recommend appropriate action;

12         (j)  Make recommendations for updating and revising the

13  implementation plan for the Florida Greenways and Trails

14  System;

15         (k)  Advise the Land Acquisition and Management

16  Advisory Council or its successor to ensure the incorporation

17  of trails in land management plans on lands managed by the

18  Department of Environmental Protection, the Fish and Wildlife

19  Conservation Commission, the Division of Historical Resources

20  of the Department of State, and the Division of Forestry of

21  the Department of Agriculture and Consumer Services;

22         (l)  Provide advice and assistance to the Department of

23  Transportation and the water management districts regarding

24  the incorporation of trails into their planning efforts;

25         (m)  Encourage land use, environmental, and coordinated

26  linear infrastructure planning to facilitate the

27  implementation of local, regional, and statewide greenways and

28  trails systems;

29         (n)  Promote greenways and trails support

30  organizations; and

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  1         (o)  Support the Florida Greenways and Trails System in

  2  any other appropriate way.

  3         (5)  The council shall determine who shall serve as

  4  chair through its operating procedures.  The council shall

  5  meet at the call of the chair, or at such times as may be

  6  prescribed by its operating procedures.  The council may

  7  establish committees to conduct the work of the council and

  8  the committees may include nonmembers as appropriate.

  9         (6)  A vacancy in the council shall be filled for the

10  remainder of the unexpired term in the same manner as the

11  original appointment.  Members whose terms have expired may

12  continue to serve until replaced or reappointed. No member

13  shall serve on the council for more than two consecutive

14  terms.

15         (7)  Members of the council shall not receive any

16  compensation for their services but shall be entitled to

17  receive reimbursement for per diem and travel expenses

18  incurred in the performance of their duties, as provided in s.

19  112.061.

20         Section 4.  Section 260.016, Florida Statutes, 1998

21  Supplement, is amended, to read:

22         260.016  General powers of the department.--

23         (1)  The department shall may:

24         (a)  Publish and distribute appropriate maps of

25  designated greenways and trails. The description shall include

26  a generalized map delineating the area designated, location of

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

28  interest to enhance the recreational opportunities of the

29  public.

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

31  facilities along greenways and trails which will not

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  1  substantially interfere with the nature and purposes of the

  2  greenway or trail.

  3         (c)  Adopt appropriate rules to implement or interpret

  4  this act and portions of chapter 253 relating to greenways and

  5  trails, which may include, but are not limited to, rules for

  6  the following:

  7         1.  Establishing a designation process.

  8         2.  Negotiating and executing agreements with private

  9  landowners.

10         3.  Establishing prohibited activities or restrictions

11  on activities to protect the health, safety, and welfare of

12  the public.

13         4.  Charging fees for use.

14         5.  Providing public access.

15         6.  Providing for maintenance.

16         7.  Any matter necessary to the evaluation, selection,

17  operation, and maintenance of greenways and trails.

18

19  Any person who violates or otherwise fails to comply with the

20  rules adopted pursuant to subparagraph 3. commits a

21  noncriminal infraction for which a fine of up to $500 may be

22  imposed.

23         (d)  Coordinate the activities of all governmental

24  units and bodies and special districts that desire to

25  participate in the development and implementation of the

26  Florida Greenways and Trails System.

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

28  "Florida Recreational Trails Council" which shall advise the

29  department in the execution of its powers and duties under

30  this chapter.  The department may establish by rule the

31  duties, structure, and responsibilities of the council.

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  1  Members of the Florida Recreational Trails Council shall serve

  2  without compensation, but are entitled to be reimbursed for

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

  4         (e)(f)  Establish, develop, and publicize greenways and

  5  trails saltwater paddling trails in a manner that will permit

  6  public recreation when appropriate without damaging natural

  7  resources. The Big Bend Historic Saltwater Paddling Trail from

  8  the St. Marks River to the Suwannee River is hereby designated

  9  as part of the Florida Greenways and Trails System.  Additions

10  to this trail may be added by the department from time to time

11  as part of a statewide saltwater circumnavigation trail.

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

13  agreements with any federal, state, or local governmental

14  agency, or any other entity local governmental agencies for

15  the management of greenways and trails for recreation and

16  conservation purposes consistent with the intent of this

17  chapter.

18         (h)  Enter into management agreements with other

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

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

21  greenways or trails lands.  Such entities must demonstrate

22  their capabilities of management for the purposes defined in

23  ss. 260.011-260.018.

24         (g)(i)  Charge reasonable fees or rentals for the use

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

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

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

28  rentals, or other charges collected by the Division of

29  Recreation and Parks under this paragraph shall be deposited

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

31         (2)  The department shall: 

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  1         (h)(a)  Evaluate lands for the acquisition of greenways

  2  and trails and compile a list of suitable corridors,

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

  4  proposed acquisition.  The department shall devise a method of

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

  6  consideration of:

  7         1.  The importance and function of such corridors

  8  within the statewide system.

  9         2.  Potential for local sharing in the acquisition,

10  development, operation, or maintenance of greenway and trail

11  corridors.

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

13  maintenance.

14         (i)(b)  Maintain an updated list of abandoned and

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

16  request information on current and potential railroad

17  abandonments from the Department of Transportation and

18  railroad companies operating within the state.  At a minimum,

19  the department shall make such requests on a quarterly basis.

20         (j)(c)  Provide information to public and private

21  agencies and organizations on abandoned rail corridors which

22  are or will be available for acquisition from the railroads or

23  for lease for interim recreational use from the Department of

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

25  probable costs of purchase or lease of the identified

26  corridors.

27         (k)(d)  Develop and implement a process for designation

28  of lands and waterways as a part of the statewide system of

29  greenways and trails, which shall include:

30         1.  Development and dissemination of criteria for

31  designation.

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  1         2.  Development and dissemination of criteria for

  2  changes in the terms or conditions of designation, including

  3  withdrawal or termination of designation. A landowner may have

  4  his or her property removed from designation by providing the

  5  department with a written request that contains an adequate

  6  description of such lands to be removed. Provisions shall be

  7  made in the designation agreement for disposition of any

  8  future improvements made to the land by the department.

  9         3.  Compilation of available information on and field

10  verification of the characteristics of the lands or waterways

11  as they relate to the developed criteria.

12         4.  Public notice pursuant to s. 120.525 in all phases

13  of the process.

14         5.  Actual notice to the landowner by certified mail at

15  least 7 days before any public meeting regarding the

16  department's intent to designate.

17         6.  Written authorization from the landowner in the

18  form of a lease or other instrument for the designation and

19  granting of public access, if appropriate, to a landowner's

20  property.

21         7.  Development of a greenway or trail use plan as a

22  part of the designation agreement. In any particular segment

23  of a greenway or trail, the plan components must be compatible

24  with connecting segments and, at a minimum, describe the types

25  and intensities of uses of the property.

26         (l)  Implement the plan for the Florida Greenways and

27  Trails System as adopted by the Florida Greenways Coordinating

28  Council on September 11, 1998.

29         (2)(3)  The department or its designee is authorized to

30  negotiate with potentially affected private landowners as to

31  the terms under which such landowners would consent to the

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  1  public use of their lands as part of the greenways and trails

  2  system. The department shall be authorized to agree to

  3  incentives for a private landowner who consents to this public

  4  use of his or her lands for conservation or recreational

  5  purposes, including, but not limited to, the following:

  6         (a)  Retention by the landowner of certain specific

  7  rights in his or her lands, including, but not limited to, the

  8  right to farm, hunt, graze, harvest timber, or use the lands

  9  for other purposes which are consistent with use as greenways

10  or trails.

11         (b)  Agreement to exchange, subject to the approval of

12  the Board of Trustees of the Internal Improvement Trust Fund

13  or other applicable unit of government, ownership or other

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

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

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

17  Trustees of the Internal Improvement Trust Fund, for privately

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

19  259.041.

20         (c)  Contracting with the landowner to provide

21  management or other services on the lands.

22         (d)  At the option of the landowner, acceleration of

23  the acquisition process or higher consideration in the ranking

24  process when any lands owned by the landowner are under

25  consideration for acquisition by the state or other unit of

26  government.

27         (e)  At the option of the landowner, removal of any

28  lands owned by the landowner from consideration for acquistion

29  by the state or other unit of government.

30         (f)  Execution of patrol and protection agreements.

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  1         (g)  Where applicable and appropriate, providing lease

  2  fees, not to exceed fair market value of the leasehold

  3  interest.

  4         Section 5.  Paragraph (a) of subsection (1) and

  5  subsections (2) and (6) of section 260.0125, Florida Statutes,

  6  1998 Supplement, are amended to read:

  7         260.0125  Limitation on liability of private landowners

  8  whose property is designated as part of the statewide system

  9  of greenways and trails.--

10         (1)(a)  A private landowner whose land is designated as

11  part of the statewide system of greenways and trails pursuant

12  to s. 260.016(1)(k)(2)(d), including a person holding a

13  subservient interest, owes no duty of care to keep that land

14  safe for entry or use by others or to give warning to persons

15  entering that land of any hazardous conditions, structures, or

16  activities thereon. Such landowner shall not:

17         1.  Be presumed to extend any assurance that such land

18  is safe for any purpose;

19         2.  Incur any duty of care toward a person who goes on

20  the land; or

21         3.  Become liable or responsible for any injury to

22  persons or property caused by the act or omission of a person

23  who goes on the land.

24         (2)  Any private landowner who consents to designation

25  of his or her land as part of the statewide system of

26  greenways and trails pursuant to s. 260.016(1)(k)(2)(d)

27  without compensation shall be considered a volunteer, as

28  defined in s. 110.501, and shall be covered by state liability

29  protection pursuant to s. 768.28, including s. 768.28(9).

30         (6)  If agreed to by the department and the landowner

31  in the designation agreement, a landowner whose land is

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  1  designated as part of the statewide system of greenways and

  2  trails pursuant to s. 260.016(1)(k)(2)(d) shall be indemnified

  3  for:

  4         (a)  Any injury or damage incurred by a third party

  5  arising out of the use of the designated greenway or trail;

  6         (b)  Any injury or damage incurred by a third party on

  7  lands adjacent to and accessed through the designated greenway

  8  or trail; and

  9         (c)  Any damage to the landowner's property, including

10  land adjacent to and accessed through the designated greenway

11  or trail, caused by the act or omission of a third person

12  resulting from any use of the land so designated.

13         Section 6.  Section 260.018, Florida Statutes, 1998

14  Supplement, is amended to read:

15         260.018  Agency recognition.--All agencies of the

16  state, regional planning councils through their comprehensive

17  plans, and local governments through their local comprehensive

18  planning process pursuant to chapter 163 shall recognize the

19  special character of publicly owned lands and waters

20  designated by the state as greenways and trails and shall not

21  take any action which will impair their use as designated.

22  Identification of lands in planning materials, maps, data, and

23  other information developed or used in the greenways and

24  trails program shall not be cause for such lands to be subject

25  to this section, unless such lands have been designated as a

26  part of the statewide system or greenways and trails pursuant

27  to s. 260.016(1)(k)(2)(d).

28         Section 7.  This act shall take effect upon becoming a

29  law.

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  2                          HOUSE SUMMARY

  3
      Creates the Florida Greenways and Trails Council within
  4    the Department of Environmental Protection under the
      Florida Greenways and Trails Act.  Deletes reference to
  5    the Florida Greenways Coordinating Council and the
      Florida Recreational Trails Council.  See bill for
  6    details.

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