Senate Bill 2336c1

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    Florida Senate - 1999                           CS for SB 2336

    By the Committee on Natural Resources and Senator Sullivan





    312-2000-99

  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         amending s. 260.012, F.S.; clarifying

  8         legislative intent; amending s. 260.013, F.S.;

  9         clarifying definitions; creating s. 260.0142,

10         F.S.; creating the Florida Greenways and Trails

11         Council within the Department of Environmental

12         Protection; providing for appointment,

13         membership, powers, and duties; amending s.

14         260.016, F.S.; deleting reference to the

15         Florida Recreational Trails Council; revising

16         powers of the Department of Environmental

17         Protection; amending s. 260.018, F.S.;

18         correcting cross-references; amending s.

19         288.1224, F.S.; providing conforming language;

20         providing an effective date.

21

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

23

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

25  253.7825, Florida Statutes, is amended to read:

26         253.7825  Recreational uses.--

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

28  constructed by or on behalf of the Florida Department of

29  Agriculture and Consumer Services on not more than 500 250

30  acres of former canal lands which meet the criteria for

31  surplus lands and which lie outside the greenways boundary.

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  1         Section 2.  Section 253.787, Florida Statutes, is

  2  repealed.

  3         Section 3.  Subsections (2), (3), and (4) of section

  4  260.012, Florida Statutes, 1998 Supplement, are amended to

  5  read:

  6         260.012  Declaration of policy and legislative

  7  intent.--

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

  9  statewide system of greenways and trails be established to

10  provide open space benefiting environmentally sensitive lands

11  and wildlife and providing people with access to healthful

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

13  to acquire or designate lands and waterways to facilitate the

14  establishment of a statewide system of greenways and trails;

15  to encourage the multiple use of public rights-of-way and use

16  to the fullest extent existing and future scenic roads,

17  highways, park roads, parkways, greenways, trails, and

18  national recreational trails; to encourage the development of

19  greenways and trails by counties, cities, and special

20  districts and to assist in such development by any means

21  available; to coordinate greenway and trail plans and

22  development by local governments with one another and with the

23  state government and Federal Government; to encourage,

24  whenever possible, the development of greenways and trails on

25  federal lands by the Federal Government; and to encourage the

26  owners of private lands to protect the existing ecological,

27  historical, and cultural values of their lands, including

28  those values derived from working landscapes.

29         (3)  It is the intent of the Legislature that

30  designated greenways and trails be located on public lands and

31  waterways and, subject to the written agreement of the private

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  1  landowner, on private lands. Designated greenways and trails

  2  located on public lands or waterways or on private lands may

  3  or may not provide public access, as agreed by the department

  4  or the landowner, respectively.

  5         (4)  It is the intent of the Legislature that

  6  information produced for the purpose of the identification of

  7  lands and waterways, both public and private, that are

  8  suitable for greenways and trails be used only for the

  9  purposes of:

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

11  management of public lands and waterways for use as greenways

12  and trails; and

13         (b)  Identification of private lands which are eligible

14  for designation as part of the greenways and trails system and

15  are thereby eligible for incentives.

16         Section 4.  Subsection (3) of section 260.013, Florida

17  Statutes, 1998 Supplement, is amended to read:

18         260.013  Definitions.--As used in ss. 260.011-260.018,

19  unless the context otherwise requires:

20         (3)  "Designation" means the identification and

21  inclusion of specific lands and waterways as part of the

22  statewide system of greenways and trails pursuant to a formal

23  public process, including the specific written consent of the

24  landowner. When the department determines that public access

25  is appropriate for greenways and trails, written authorization

26  must be granted by the landowner to the department permitting

27  public access to all or a specified part of the landowner's

28  property. The department's determination shall be noticed

29  pursuant to s. 120.525, and the department shall also notify

30  the landowner by certified mail at least 7 days before any

31  public meeting regarding the intent to designate.

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  1         Section 5.  Section 260.014, Florida Statutes, 1998

  2  Supplement, is amended to read:

  3         260.014  Florida Greenways and Trails System.--The

  4  Florida Greenways and Trails System shall be a statewide

  5  system of greenways and trails which shall consist of

  6  individual greenways and trails and networks of greenways and

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

  8  system by the department. Mapping or other forms of

  9  identification of lands and waterways as suitable for

10  inclusion in the system of greenways and trails, mapping of

11  ecological characteristics for any purpose, or development of

12  information for planning purposes shall not constitute

13  designation. No lands or waterways may be designated as a part

14  of the statewide system of greenways and trails without the

15  specific written consent of the landowner.

16         Section 6.  Section 260.0142, Florida Statutes, is

17  created to read:

18         260.0142  Florida Greenways and Trails Council created;

19  composition of council; powers and duties.--

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

21  Environmental Protection the Florida Greenways and Trails

22  Council, which shall advise the department in the execution of

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

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

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

26  members representing the trail user community, two members

27  representing the greenway user community, and one member

28  representing private landowners. Of the initial appointments,

29  two shall be appointed for 2-year terms and three shall be

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

31  for 2-year terms.

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

  2  Senate, with one member representing the trail user community

  3  and two members representing the greenway user community.  Of

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

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

  6  appointments shall be for 2-year terms.

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

  8  House of Representatives, with two members representing the

  9  trail user community and one member representing the greenway

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

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

12  1-year term.  Subsequent appointments shall be for 2-year

13  terms.

14

15  Those eligible to represent the trail user community shall be

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

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

18  recreational users, and commercial recreational interests.

19  Those eligible to represent the greenway user community shall

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

21  organizations, nature study organizations, and scientists and

22  university experts.

23         (d)  The 10 remaining members shall include:

24         1.  The Secretary of Environmental Protection or a

25  designee;

26         2.  The executive director of the Fish and Wildlife

27  Conservation Commission or a designee;

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

29         4.  The Secretary of Transportation or a designee;

30         5.  The director of the Division of Forestry of the

31  Department of Agriculture and Consumer Services or a designee;

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  1         6.  The director of the Division of Historical

  2  Resources of the Department of State or a designee;

  3         7.  A representative of the water management districts

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

  5  rotate among the five districts.  The districts shall

  6  determine the order of rotation;

  7         8.  A representative of a federal land management

  8  agency.  The Secretary of Environmental Protection shall

  9  identify the appropriate federal agency and request

10  designation of a representative from the agency to serve on

11  the council;

12         9.  A representative of the regional planning councils

13  to be appointed by the Secretary of Environmental Protection,

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

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

16  from the same regional planning council for successive terms;

17  and

18         10.  A representative of local governments to be

19  appointed by the Secretary of Environmental Protection, in

20  consultation with the Secretary of Community Affairs, for a

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

22  county representative and a municipal representative.

23         (2)  The department shall provide necessary staff

24  assistance to the council.

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

26  accept gifts, grants, or other aid from the United States

27  Government or any person or corporation.

28         (4)  The duties of the council include, but are not

29  limited to:

30         (a)  Advising the Department of Environmental

31  Protection, the Department of Community Affairs, the

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  1  Department of Transportation, the Fish and Wildlife

  2  Conservation Commission, the Division of Forestry of the

  3  Department of Agriculture and Consumer Services, the water

  4  management districts, and the regional planning councils on

  5  policies relating to the Florida Greenways and Trails System,

  6  and promoting intergovernmental cooperation;

  7         (b)  Facilitating a statewide system of interconnected

  8  landscape linkages, conservation corridors, greenbelts,

  9  recreational corridors and trails, scenic corridors,

10  utilitarian corridors, reserves, regional parks and preserves,

11  ecological sites, and cultural/historic/recreational sites;

12         (c)  Facilitating a statewide system of interconnected

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

14  areas of the state and facilitating expansion of the statewide

15  system of freshwater and saltwater paddling trails;

16         (d)  Recommending priorities for critical links in the

17  Florida Greenways and Trails System;

18         (e)  Reviewing applications for acquisition funding

19  under the Florida Greenways and Trails Program and

20  recommending to the Secretary of Environmental Protection

21  which projects should be acquired;

22         (f)  Providing funding recommendations to agencies and

23  organizations regarding the acquisition, development, and

24  management of greenways and trails, including the promotion of

25  private landowner incentives;

26         (g)  Reviewing designation proposals for inclusion in

27  the Florida Greenways and Trails System;

28         (h)  Providing advocacy and education to benefit the

29  statewide system of greenways and trails by encouraging

30  communication and conferencing;

31

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  1         (i)  Encouraging public-private partnerships to develop

  2  and manage greenways and trails;

  3         (j)  Reviewing progress toward meeting established

  4  benchmarks and recommending appropriate action;

  5         (k)  Making recommendations for updating and revising

  6  the implementation plan for the Florida Greenways and Trails

  7  System;

  8         (l)  Advising the Land Acquisition and Management

  9  Advisory Council or its successor to ensure the incorporation

10  of greenways and trails in land management plans on lands

11  managed by the Department of Environmental Protection, the

12  Fish and Wildlife Conservation Commission, the Division of

13  Historical Resources of the Department of State, and the

14  Division of Forestry of the Department of Agriculture and

15  Consumer Services;

16         (m)  Providing advice and assistance to the Department

17  of Transportation and the water management districts regarding

18  the incorporation of greenways and trails into their planning

19  efforts;

20         (n)  Encouraging land use, environmental, and

21  coordinated linear infrastructure planning to facilitate the

22  implementation of local, regional, and statewide greenways and

23  trails systems;

24         (o)  Promoting greenways and trails support

25  organizations; and

26         (p)  Supporting the Florida Greenways and Trails System

27  in any other appropriate way.

28         (5)  The council shall establish procedures for

29  conducting its affairs in execution of the duties and

30  responsibilities stated in this section, which operating

31  procedures shall include determination of a council chair and

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  1  other appropriate operational guidelines. The council shall

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

  3  prescribed by its operating procedures.  The council may

  4  establish committees to conduct the work of the council, and

  5  the committees may include nonmembers as appropriate.

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

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

  8  original appointment.  Members whose terms have expired may

  9  continue to serve until replaced or reappointed. A member may

10  not serve on the council for more than two consecutive terms.

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

12  compensation for their services but are entitled to receive

13  reimbursement for per diem and travel expenses incurred in the

14  performance of their duties, as provided in s. 112.061.

15         Section 7.  Section 260.016, Florida Statutes, 1998

16  Supplement, is amended to read:

17         260.016  General powers of the department.--

18         (1)  The department may:

19         (a)  Publish and distribute appropriate maps of

20  designated greenways and trails. The description shall include

21  a generalized map delineating the area designated, location of

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

23  interest to enhance the recreational opportunities of the

24  public.

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

26  facilities along greenways and trails which will not

27  substantially interfere with the nature and purposes of the

28  greenway or trail.

29         (c)  Adopt appropriate rules to implement or interpret

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

31

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

  2  the following:

  3         1.  Establishing a designation process.

  4         2.  Negotiating and executing agreements with private

  5  landowners.

  6         3.  Establishing prohibited activities or restrictions

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

  8  the public.

  9         4.  Charging fees for use.

10         5.  Providing public access.

11         6.  Providing for maintenance.

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

13  operation, and maintenance of greenways and trails.

14

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

16  rules adopted pursuant to subparagraph 3. commits a

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

18  imposed.

19         (d)  Coordinate the activities of all governmental

20  units and bodies and special districts that desire to

21  participate in the development and implementation of the

22  Florida Greenways and Trails System.

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

24  "Florida Recreational Trails Council" which shall advise the

25  department in the execution of its powers and duties under

26  this chapter.  The department may establish by rule the

27  duties, structure, and responsibilities of the council.

28  Members of the Florida Recreational Trails Council shall serve

29  without compensation, but are entitled to be reimbursed for

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

31

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

  2  saltwater paddling trails in a manner that will permit public

  3  recreation when appropriate without damaging natural

  4  resources. The Big Bend Historic Saltwater Paddling Trail from

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

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

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

  8  as part of a statewide saltwater circumnavigation trail.

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

10  agreements with any federal, state, or local governmental

11  agency, or any other entity, local governmental agencies for

12  the management of greenways and trails for recreation and

13  conservation purposes consistent with the intent of this

14  chapter.

15         (h)  Enter into management agreements with other

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

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

18  greenways or trails lands. Such entities must demonstrate

19  their capabilities of management for the purposes defined in

20  ss. 260.011-260.018.

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

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

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

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

25  rentals, or other charges collected by the Division of

26  Recreation and Parks under this paragraph shall be deposited

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

28         (2)  The department shall:

29         (a)  Evaluate lands for the acquisition of greenways

30  and trails and compile a list of suitable corridors,

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

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  1  proposed acquisition.  The department shall devise a method of

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

  3  consideration of:

  4         1.  The importance and function of such corridors

  5  within the statewide system.

  6         2.  Potential for local sharing in the acquisition,

  7  development, operation, or maintenance of greenway and trail

  8  corridors.

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

10  maintenance.

11         (b)  Maintain an updated list of abandoned and

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

13  request information on current and potential railroad

14  abandonments from the Department of Transportation and

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

16  the department 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 and waterways as a part of the statewide system of

26  greenways and trails, which 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 designation. A landowner may have

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  1  his or her lands property removed from designation by

  2  providing the department with a written request that contains

  3  an adequate description of such lands to be removed.

  4  Provisions shall be made in the designation agreement for

  5  disposition of any future improvements made to the land by the

  6  department.

  7         3.  Compilation of available information on and field

  8  verification of the characteristics of the lands and waterways

  9  as they relate to the developed criteria.

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

11  of the process.

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

13  least 7 days before any public meeting regarding the

14  department's intent to designate.

15         6.  Written authorization from the landowner in the

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

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

18  property.

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

20  part of the designation agreement. In any particular segment

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

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

23  and intensities of uses of the property.

24         (e)  Implement the plan for the Florida Greenways and

25  Trails System as adopted by the Florida Greenways Coordinating

26  Council on September 11, 1998.

27         (3)  The department or its designee is authorized to

28  negotiate with potentially affected private landowners as to

29  the terms under which such landowners would consent to the

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

31  system. The department shall be authorized to agree to

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  1  incentives for a private landowner who consents to this public

  2  use of his or her lands for conservation or recreational

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

  4         (a)  Retention by the landowner of certain specific

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

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

  7  for other purposes which are consistent with use as greenways

  8  or trails.

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

10  the Board of Trustees of the Internal Improvement Trust Fund

11  or other applicable unit of government, ownership or other

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

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

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

15  Trustees of the Internal Improvement Trust Fund, for privately

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

17  259.041.

18         (c)  Contracting with the landowner to provide

19  management or other services on the lands.

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

21  the acquisition process or higher consideration in the ranking

22  process when any lands owned by the landowner are under

23  consideration for acquisition by the state or other unit of

24  government.

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

26  lands owned by the landowner from consideration for acquistion

27  by the state or other unit of government.

28         (f)  Execution of patrol and protection agreements.

29         (g)  Where applicable and appropriate, providing lease

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

31  interest.

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  1         Section 8.  Section 260.018, Florida Statutes, 1998

  2  Supplement, is amended to read:

  3         260.018  Agency recognition.--All agencies of the

  4  state, regional planning councils through their comprehensive

  5  plans, and local governments through their local comprehensive

  6  planning process pursuant to chapter 163 shall recognize the

  7  special character of publicly owned lands and waters

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

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

10  Identification of lands or waterways in planning materials,

11  maps, data, and other information developed or used in the

12  greenways and trails program shall not be cause for such lands

13  or waterways to be subject to this section, unless such lands

14  or waterways have been designated as a part of the statewide

15  system of or greenways and trails pursuant to s.

16  260.016(2)(d).

17         Section 9.  Paragraph (a) of subsection (11) of section

18  288.1224, Florida Statutes, is amended to read:

19         288.1224  Powers and duties.--The commission:

20         (11)  Shall create an advisory committee of the

21  commission which shall be charged with developing a regionally

22  based plan to protect and promote all of the natural, coastal,

23  historical, cultural, and commercial tourism assets of this

24  state.

25         (a)  Members of the advisory committee shall be

26  appointed by the chair of the commission and shall include

27  representatives of the commission, the Departments of

28  Agriculture and Consumer Services, Environmental Protection,

29  Community Affairs, Transportation, and State, the Florida

30  Greenways and Trails Coordinating Council, the Fish and

31  Wildlife Conservation Commission Florida Game and Freshwater

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  1  Fish Commission, and, as deemed appropriate by the chair of

  2  the commission, representatives from other federal, state,

  3  regional, local, and private sector associations representing

  4  environmental, historical, cultural, recreational, and

  5  tourism-related activities.

  6         (b)  The advisory committee shall submit its plan to

  7  the commission by December 1, 1997.

  8         (c)  The commission shall review and make

  9  recommendations on the plan, including recommending any

10  legislation considered necessary for implementing the plan, to

11  the Legislature by January 1, 1998.

12         Section 10.  The following trails located upon or

13  within public lands or waterways and designated prior to May

14  30, 1998, are not subject to the designation process

15  established in chapter 260, Florida Statutes, 1998 Supplement:

16  36 canoe trails designated by the Governor and Cabinet in 1970

17  and redesignated by the Governor and Cabinet on December 8,

18  1981; the Historic Big Bend Saltwater Paddling Trail;

19  Hillsborough River State Recreational Canoe Trail; and trails

20  located within state parks and forests.

21         Section 11.  This act shall take effect upon becoming a

22  law.

23

24

25

26

27

28

29

30

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 2336

  3

  4  The committee substitute increases the maximum size of a horse
    park-agricultural center located on former Cross Florida Barge
  5  Canal lands from not more than 250 acres to not more than 500
    acres.
  6
    The bill now contains provisions specifically authorizing
  7  waterways as part of the statewide system of greenways and
    trails.
  8
    Appointments to the Florida Greenways and Trails Council have
  9  been revised. Rather than 10 members appointed by the
    Secretary of the DEP, the council will include the following
10  members:

11  1.    The Secretary of Environmental Protection or a designee;

12  2.    The Executive Director of the Fish and Wildlife
          Conservation Commission or a designee;
13
    3.    The Secretary of Community Affairs or a designee;
14
    4.    The Secretary of Transportation or a designee;
15
    5.    The Director of the Division of Forestry of the
16        Department of Agriculture and Consumer Services or a
          designee;
17
    6.    The Director of the Division of Historical Resources of
18        the Department of State or a designee;

19  7.    A representative of the water management districts who
          shall serve for 1 year. Membership on the council shall
20        rotate among the five districts. The districts shall
          determine the order of rotation;
21
    8.    A representative of a federal land management agency.
22        The Secretary of Environmental Protection shall identify
          the appropriate federal agency and request designation
23        of a representative from the agency to serve on the
          council;
24
    9.    A representative of the regional planning councils to be
25        appointed by the Secretary of Environmental Protection,
          in consultation with the Secretary of Community Affairs,
26        for a single 2-year term. The representative cannot be
          selected from the same regional planning council for
27        successive terms; and

28  10.   A representative of local governments to be appointed by
          the Secretary of Environmental Protection, in
29        consultation with the Secretary of Community Affairs,
          for a single 2-year term. Membership shall alternate
30        between a county representative and a municipal
          representative.
31
    As filed, the bill made certain duties currently required of
                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 2336
    312-2000-99




  1  the Department of Environmental Protection discretionary.
    These duties include evaluation of lands for greenways and
  2  trails, maintenance of information regarding abandoned
    railroad rights-of-way, providing public information regarding
  3  abandoned rail corridor, and the development and
    implementation of a process for designating lands as part of
  4  the statewide system. The bill now requires these activities,
    i.e., retains current law.
  5
    The committee substitute revises provisions directing the
  6  Florida Commission on Tourism to create an advisory committee
    to conform to current law, and provides that the following
  7  trails located upon or within public lands or waterways and
    designated prior to May 30, 1998 shall not be subject to the
  8  designation process established in chapter 260, F.S., 1998
    Supplement: thirty-six canoe trails designated by the Governor
  9  and Cabinet in 1970 and redesignated by the Governor and
    Cabinet on December 8, 1981; the Historic Big Bend Saltwater
10  Paddling Trail; Hillsborough River State Recreational Canoe
    Trail; and trails located within state parks and forests.
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