HB 1179

1
A bill to be entitled
2An act relating to greenways and trails; renaming ch. 260,
3F.S., the "Florida Greenways and Trails Act"; amending s.
4260.011, F.S.; providing a popular name; correcting a
5reference; amending s. 260.012, F.S.; revising legislative
6intent; amending s. 260.0125, F.S.; requiring written
7landowner authorization for public access to private
8lands; requiring the Department of Environmental
9Protection to provide certain notice; amending s. 260.013,
10F.S.; revising and providing definitions; amending s.
11260.0141, F.S.; removing a provision relating to
12acquisition of greenways and trails; amending s. 260.0142,
13F.S.; extending the terms of certain appointees to the
14Florida Greenways and Trails Council; revising duties of
15council members; amending s. 260.015, F.S.; removing
16provisions for appraisal of certain property by the
17department; amending s. 260.016, F.S.; revising powers of
18the department with regard to access routes and evaluation
19of lands for acquisition; creating s. 260.020, F.S.;
20establishing legislative intent regarding colocation of
21multiuse trails in linear corridors that include certain
22facilities; amending s. 110.501, F.S.; conforming a
23reference; amending s. 259.105, F.S.; providing an
24additional criterion for evaluation of Florida Forever
25projects; creating s. 335.067, F.S.; creating the Conserve
26by Bicycle Program within the Department of
27Transportation; providing purposes; requiring the
28department, in conjunction with specified organizations,
29to conduct a Conserve by Bicycle study; requiring the
30study to be submitted to the Governor and Legislature;
31providing an appropriation; amending s. 373.199, F.S.;
32providing for inclusion of the Florida National Scenic
33Trail in Florida Forever water management districts'
34recommended projects lists; amending s. 378.036, F.S.;
35providing a definition for purposes of land acquisition;
36exempting Florida Mining-Recreation, Inc., from the tax on
37sales, use, and other transactions; permitting certain
38funds to be paid directly to the Florida Mining-
39Recreation, Inc.; providing for uses of the funds;
40exempting the corporation from competitive bidding
41requirements; clarifying audit and inventory requirements;
42amending s. 380.503, F.S.; revising a definition; amending
43s. 380.507, F.S.; including the Florida National Scenic
44Trail in a list of projects relating to natural resources
45conservation supported by the Florida Communities Trust;
46revising provisions relating to the acquisition of certain
47lands; providing an effective date.
48
49Be It Enacted by the Legislature of the State of Florida:
50
51     Section 1.  Chapter 260, Florida Statutes, entitled
52"Recreational Trails System" is renamed "Florida Greenways and
53Trails Act."
54     Section 2.  Section 260.011, Florida Statutes, is amended
55to read:
56     260.011  Popular name Short title.--Sections 260.011-
57260.011-260.020 260.011-260.018 shall be known by the popular
58name and may be cited as the "Florida Greenways and Trails Act."
59     Section 3.  Subsections (1), (2), (5), and (6) of section
60260.012, Florida Statutes, are amended to read:
61     260.012  Declaration of policy and legislative intent.--
62     (1)  In order to recognize the benefits of the outdoor
63areas of Florida, and in order to conserve, develop, and use the
64natural resources of this state for healthful and recreational
65purposes, it is declared to be the public policy of this state
66and the purpose of ss. 260.011-260.020 260.011-260.018 to
67provide the means and procedures for establishing and expanding
68a statewide system of greenways and trails for recreational and
69conservation purposes and which shall be designated as the
70"Florida Greenways and Trails System." The standards by which
71the greenways and trails system shall be acquired, designated,
72administered, maintained, used, and expanded shall be consistent
73with the provisions of ss. 260.011-260.020 260.011-260.018. It
74is the intent of the Legislature that these greenways and trails
75will serve to implement the concepts of ecosystems management
76while providing, where appropriate, recreational opportunities,
77including, but not limited to, equestrian activities horseback
78riding, hiking, bicycling, canoeing, jogging, and historical and
79archaeological interpretation, thereby improving the health and
80welfare of the people.
81     (2)  It is the intent of the Legislature that a statewide
82system of greenways and trails be established to provide open
83space benefiting environmentally sensitive lands and wildlife
84and providing people with access to healthful outdoor
85activities. It is also the intent of the Legislature to acquire
86or designate lands and waterways to facilitate the establishment
87of a statewide system of greenways and trails; to encourage the
88multiple use of public rights-of-way and use to the fullest
89extent existing and future scenic roads, highways, park roads,
90parkways, greenways, trails, and national recreational trails;
91to encourage the development of greenways and trails by
92counties, cities, and special districts, and nongovernmental
93organizations and to assist in such development by any means
94available; to coordinate greenway and trail plans and
95development by local governments with one another and with the
96state government and Federal Government; to encourage, whenever
97possible, the development of greenways and trails on federal
98lands by the Federal Government; and to encourage the owners of
99private lands to protect the existing ecological, historical,
100and cultural values of their lands, including those values
101derived from working landscapes.
102     (5)  The planning, development, operation, and maintenance
103of the Florida Greenways and Trails System authorized by ss.
104260.011-260.020 260.011-260.018 is declared to be a public
105purpose, and the Department of Environmental Protection,
106together with other agencies of this state and all counties,
107municipalities, and special districts of this state, is
108authorized to spend public funds for such purposes and to accept
109gifts and grants of funds, property, or property rights from
110public or private sources to be used for such purposes.
111     (6)  It is the intent of the Legislature to officially
112recognize the Florida National Scenic Trail as Florida's
113official statewide trail from the Florida Panhandle to the
114Everglades. It is also the intent of the Legislature to
115encourage all state, regional, and local agencies who acquire
116lands to include in their land-buying efforts the acquisition of
117sufficient legal interest in the lands over which the trail
118passes to ensure its continued existence in a permanent
119location. Each state, regional, and local agency shall, to the
120extent that it is not already occurring, give enhanced
121consideration for acquisitions within its land-buying processes
122to any parcel of land proposed to be purchased which will assist
123in permanently establishing the trail consistent with the route
124determined by the United States Forest Service and the Florida
125Trail Association. To further advance the efforts to acquire a
126permanent location for the trail, the state's land-buying
127agencies are encouraged to consider the trail a single project
128with multiple phases for the purpose of listing and acquisition.
129The inclusion of private funds in any purchase shall be a
130positive consideration in any ranking process for acquisition.
131     Section 4.  Subsection (7) of section 260.0125, Florida
132Statutes, is renumbered as subsection (8), and a new subsection
133(7) is added to said section to read:
134     260.0125  Limitation on liability of private landowners
135whose property is designated as part of the statewide system of
136greenways and trails.--
137(7)  When the department determines that public access is
138appropriate for greenways and trails on private lands, written
139authorization must be granted by the private landowner to the
140department permitting public access to all or a specified part
141of the landowner's property. The determination of the department
142shall be noticed pursuant to s. 120.525, and the department
143shall also notify the private landowner by certified mail at
144least 7 days before any public meeting regarding the intent to
145designate.
146     Section 5.  Section 260.013, Florida Statutes, is amended
147to read:
148     260.013  Definitions.--As used in ss. 260.011-260.020
149260.011-260.018, unless the context otherwise requires:
150     (1)  "Board" means the Board of Trustees of the Internal
151Improvement Trust Fund.
152     (2)  "Department" means the Department of Environmental
153Protection.
154     (3)  "Designation" means the identification and inclusion
155of specific lands and waterways as part of the statewide system
156of greenways and trails pursuant to a formal public process,
157including the specific written consent of the landowner. When
158the department determines that public access is appropriate for
159greenways and trails, written authorization must be granted by
160the landowner to the department permitting public access to all
161or a specified part of the landowner's property. The
162department's determination shall be noticed pursuant to s.
163120.525, and the department shall also notify the landowner by
164certified mail at least 7 days before any public meeting
165regarding the intent to designate.
166     (4)  "Greenway" means a linear open space established along
167either a natural corridor, such as a riverfront, stream valley,
168or ridgeline, or over land along a railroad right-of-way
169converted to recreational use, a canal, a scenic road, or other
170route; any natural or landscaped course for recreation
171pedestrian or bicycle passage; an open space connector linking
172parks, nature reserves, cultural features, or historic sites
173with each other and populated areas; or a local strip or linear
174park designated as a parkway or greenbelt.
175     (5)  "Office" means the Office of Greenways and Trails of
176the Department of Environmental Protection.
177     (6)(5)  "Trails" means linear corridors and any adjacent
178support parcels on land or water providing public access for
179recreation or authorized alternative modes of transportation.
180     Section 6.  Section 260.0141, Florida Statutes, is amended
181to read:
182     260.0141  Greenways and Trails Program.--There is
183established within the department the "Florida Greenways and
184Trails Program," the purpose of which is to facilitate the
185establishment of a statewide system of greenways and trails.
186Such greenways and trails shall be acquired pursuant to this
187act. Planning materials, maps, data, and other information
188developed or used in the program shall not be construed as
189designation of lands as part of the statewide system of
190greenways and trails. Identification of lands in such
191information shall not:
192     (1)  Require or empower any unit of local or regional
193government, or any state agency, to impose additional or more
194restrictive environmental, land-use, or zoning regulations;
195     (2)  Be construed or cited as authority to adopt, enforce,
196or amend any environmental rule or regulation; comprehensive
197plan goals, policies, or objectives; or zoning or land-use
198ordinance;
199     (3)  Be used as the basis for permit denial; imposition of
200any permit condition; or application of any rule, regulation, or
201ordinance by any subdivision of local, regional, or state
202government; or
203     (4)  Be construed or cited as authority by any governmental
204agency to reduce or restrict the rights of owners of lands so
205identified.
206     Section 7.  Section 260.0142, Florida Statutes, is amended
207to read:
208     260.0142  Florida Greenways and Trails Council;
209composition; powers and duties.--
210     (1)  There is hereby created within the Department of
211Environmental Protection the Florida Greenways and Trails
212Council which shall advise the department in the execution of
213the department's powers and duties under this chapter. The
214council shall be composed of 21 members, consisting of:
215     (a)  Five members appointed by the Governor, with two
216members representing the trail user community, two members
217representing the greenway user community, and one member
218representing private landowners. Of the initial appointments,
219two shall be appointed for 2-year terms and three shall be
220appointed for 1-year terms. Subsequent appointments shall be for
2212-year terms.
222     (b)  Three members appointed by the President of the
223Senate, with one member representing the trail user community
224and two members representing the greenway user community. Of the
225initial appointments, two shall be appointed for 2-year terms
226and one shall be appointed for a 1-year term. Subsequent
227appointments shall be for 2-year terms.
228     (c)  Three members appointed by the Speaker of the House of
229Representatives, with two members representing the trail user
230community and one member representing the greenway user
231community. Of the initial appointments, two shall be appointed
232for 2-year terms and one shall be appointed for a 1-year term.
233Subsequent appointments shall be for 2-year terms.
234
235Those eligible to represent the trail user community shall be
236chosen from, but not be limited to, paved trail users, hikers,
237off-road bicyclists, paddlers, equestrians, disabled outdoor
238recreational users, and commercial recreational interests. Those
239eligible to represent the greenway user community shall be
240chosen from, but not be limited to, conservation organizations,
241nature study organizations, and scientists and university
242experts.
243     (d)  The 10 remaining members shall include:
244     1.  The Secretary of Environmental Protection or a
245designee;
246     2.  The executive director of the Fish and Wildlife
247Conservation Commission or a designee;
248     3.  The Secretary of Community Affairs or a designee;
249     4.  The Secretary of Transportation or a designee;
250     5.  The Director of the Division of Forestry of the
251Department of Agriculture and Consumer Services or a designee;
252     6.  The director of the Division of Historical Resources of
253the Department of State or a designee;
254     7.  A representative of the water management districts who
255shall serve for 1 year. Membership on the council shall rotate
256among the five districts. The districts shall determine the
257order of rotation;
258     8.  A representative of a federal land management agency.
259The Secretary of Environmental Protection shall identify the
260appropriate federal agency and request designation of a
261representative from the agency to serve on the council;
262     9.  A representative of the regional planning councils to
263be appointed by the Secretary of Environmental Protection, in
264consultation with the Secretary of Community Affairs, for a
265single 2-year term. Membership on the council shall rotate among
266the seven regional planning councils. The regional planning
267councils shall determine the order of rotation The
268representative shall not be selected from the same regional
269planning council for successive terms; and
270     10.  A representative of local governments to be appointed
271by the Secretary of Environmental Protection, in consultation
272with the Secretary of Community Affairs, for a single 2-year
273term. Membership shall alternate between a county representative
274and a municipal representative.
275     (2)  The department shall provide necessary staff
276assistance to the council.
277     (3)  The terms of all appointees shall be for 2 years
278unless otherwise specified. The appointees of the Governor, the
279President of the Senate, and the Speaker of the House of
280Representatives may be reappointed for no more than four
281consecutive terms. The representatives of the water management
282districts, regional planning councils, and local governments may
283be reappointed for no more than two consecutive terms. All other
284appointees shall serve until replaced. The council is authorized
285to contract for and to accept gifts, grants, or other aid from
286the United States Government or any person or corporation.
287     (4)  The duties of the council shall include, but not be
288limited to, the following:
289     (a)  Advise the Department of Environmental Protection, the
290Department of Community Affairs, the Department of
291Transportation, the Fish and Wildlife Conservation Commission,
292the Division of Forestry of the Department of Agriculture and
293Consumer Services, the water management districts, and the
294regional planning councils on policies relating to the Florida
295Greenways and Trails System, and promote intergovernmental
296cooperation;
297     (a)(b)  Facilitate a statewide system of interconnected
298landscape linkages, conservation corridors, greenbelts,
299recreational corridors and trails, scenic corridors, utilitarian
300corridors, reserves, regional parks and preserves, ecological
301sites, and cultural/historic/recreational sites using;
302     (c)  Facilitate a statewide system of interconnected land-
303based trails that connect urban, suburban, and rural areas of
304the state and facilitate expansion of the statewide system of
305freshwater and saltwater paddling trails.;
306     (b)(d)  Recommend priorities for critical links in the
307Florida Greenways and Trails System.;
308     (c)(e)  Review recommendations of the office applications
309for acquisition funding under the Florida Greenways and Trails
310Program and recommend to the Secretary of Environmental
311Protection which projects should be acquired.;
312     (f)  Provide funding recommendations to agencies and
313organizations regarding the acquisition, development, and
314management of greenways and trails, including the promotion of
315private landowner incentives;
316     (d)(g)  Review designation proposals for inclusion in the
317Florida Greenways and Trails System.;
318     (h)  Provide advocacy and education to benefit the
319statewide system of greenways and trails by encouraging
320communication and conferencing;
321     (e)(i)  Encourage public-private partnerships to develop
322and manage greenways and trails.;
323     (f)(j)  Review progress toward meeting established
324benchmarks and recommend appropriate action.;
325     (g)(k)  Make recommendations for updating and revising the
326implementation plan for the Florida Greenways and Trails
327System.;
328     (l)  Advise the Land Acquisition and Management Advisory
329Council or its successor to ensure the incorporation of
330greenways and trails in land management plans on lands managed
331by the Department of Environmental Protection, the Fish and
332Wildlife Conservation Commission, the Division of Historical
333Resources of the Department of State, and the Division of
334Forestry of the Department of Agriculture and Consumer Services;
335     (m)  Provide advice and assistance to the Department of
336Transportation and the water management districts regarding the
337incorporation of greenways and trails into their planning
338efforts;
339     (n)  Encourage land use, environmental, and coordinated
340linear infrastructure planning to facilitate the implementation
341of local, regional, and statewide greenways and trails systems;
342     (h)(o)  Promote greenways and trails support
343organizations.; and
344     (i)(p)  Support the Florida Greenways and Trails System
345through intergovernmental coordination, budget recommendations,
346advocacy, and education and in any other appropriate way.
347     (5)  The council shall establish procedures for conducting
348its affairs in execution of the duties and responsibilities
349stated in this section, which operating procedures shall include
350determination of a council chair and other appropriate
351operational guidelines. The council shall meet at the call of
352the chair, or at such times as may be prescribed by its
353operating procedures. The council may establish committees to
354conduct the work of the council and the committees may include
355nonmembers as appropriate.
356     (6)  A vacancy on the council shall be filled for the
357remainder of the unexpired term in the same manner as the
358original appointment. Members whose terms have expired may
359continue to serve until replaced or reappointed. No member shall
360serve on the council for more than two consecutive terms.
361     (7)  Members of the council shall not receive any
362compensation for their services but shall be entitled to receive
363reimbursement for per diem and travel expenses incurred in the
364performance of their duties, as provided in s. 112.061.
365     Section 8.  Subsections (1) and (3) of section 260.015,
366Florida Statutes, are amended to read:
367     260.015  Acquisition of land.--
368     (1)  The department is authorized to acquire by gift or
369purchase the fee simple absolute title or any lesser interest in
370land, including easements, for the purposes of ss. 260.011-
371260.020 260.011-260.018 pursuant to the provisions of chapter
372375, except that:
373     (a)  The department's power of eminent domain shall be
374limited to curing defects in title accepted by the board
375pursuant to subsection (2).
376     (b)  Lists of proposed acquisitions for the Florida
377Greenways and Trails Program shall be prepared according to
378procedures adopted by the department.
379     (c)  Projects acquired under this chapter shall not be
380subject to the evaluation and selection procedures of s.
381259.035, regardless of the estimated value of such projects. All
382projects shall be acquired in accordance with the acquisition
383procedures of chapter 259, except that the department may use
384the appraisal procedure used by the Department of Transportation
385to acquire transportation rights-of-way. When a parcel is
386estimated to be valued at $100,000 or less and the department
387finds that the costs of obtaining an outside appraisal are not
388justified, an appraisal prepared by the department may be used.
389     (3)  Easements, licenses, and use agreements upon, over,
390under, across, or along any land, the fee title of which has
391been acquired for the purposes of ss. 260.011-260.020 260.011-
392260.018, may be granted by the department so long as the use of
393the easement, license, or use agreement does not interfere with
394the purposes of ss. 260.011-260.020 260.011-260.018.
395     Section 9.  Subsection (1) and paragraph (a) of subsection
396(2) of section 260.016, Florida Statutes, are amended to read:
397     260.016  General powers of the department.--
398     (1)  The department may:
399     (a)  Publish and distribute appropriate maps of designated
400greenways and trails. The description shall include a
401generalized map delineating the area designated, location of
402suitable ingress and egress sites, as well as other points of
403interest to enhance the recreational opportunities of the
404public.
405     (b)  Establish access routes and related public-use
406facilities along greenways and trails which will not
407substantially interfere with the nature and purposes of the
408greenway or trail.
409     (b)(c)  Adopt appropriate rules to implement or interpret
410this act and portions of chapter 253 relating to greenways and
411trails, which may include, but are not limited to, rules for the
412following:
413     1.  Establishing a designation process.
414     2.  Negotiating and executing agreements with private
415landowners.
416     3.  Establishing prohibited activities or restrictions on
417activities to protect the health, safety, and welfare of the
418public.
419     4.  Charging fees for use.
420     5.  Providing public access.
421     6.  Providing for maintenance.
422     7.  Any matter necessary to the evaluation, selection,
423operation, and maintenance of greenways and trails.
424
425Any person who violates or otherwise fails to comply with the
426rules adopted pursuant to subparagraph 3. commits a noncriminal
427infraction for which a fine of up to $500 may be imposed.
428     (c)(d)  Coordinate the activities of all governmental units
429and bodies and special districts that desire to participate in
430the development and implementation of the Florida Greenways and
431Trails System.
432     (d)(e)  Establish, develop, and publicize greenways and
433trails in a manner that will permit public recreation when
434appropriate without damaging natural resources. The Big Bend
435Historic Saltwater Paddling Trail from the St. Marks River to
436Yankeetown is hereby designated as part of the Florida Greenways
437and Trails System. Additions to this trail may be added by the
438department from time to time as part of a statewide saltwater
439circumnavigation trail.
440     (e)(f)  Enter into agreements with any federal, state, or
441local governmental agency, or any other entity for the
442management of greenways and trails for recreation and
443conservation purposes consistent with the intent of this
444chapter. Such entities must demonstrate their capabilities of
445management for the purposes defined in ss. 260.011-260.020
446260.011-260.018.
447     (f)(g)  Charge reasonable fees or rentals for the use or
448operation of facilities and concessions. All such fees, rentals,
449or other charges collected shall be deposited in the account or
450trust fund of the managing entity.
451     (g)(h)  Receive or accept from any legal source, grants for
452the purpose of providing or improving public greenways and
453trails, and the department is authorized to disburse funds as
454pass-through grants to federal, state, or local government
455agencies, recognized tribal units, or to nonprofit entities
456created for this purpose. The department has authority to adopt
457rules pursuant to ss. 120.536(1) and 120.54 to implement the
458provisions of this subsection. Such rules shall provide, but are
459not limited to, the following: procedures for grant
460administration and accountability; eligibility, selection
461criteria; maximum grant amounts and number of pending grants;
462dedication requirements; and conversion procedures and
463requirements.
464     (2)  The department shall:
465     (a)  Evaluate lands for the acquisition of greenways and
466trails and compile a list of suitable corridors, greenways, and
467trails, ranking them in order of priority for proposed
468acquisition. The department shall devise a method of evaluation
469which includes, but is not limited to, the consideration of the
470importance and function of such corridors within the statewide
471system as reflected on the opportunity maps and the landowners'
472willingness to negotiate.
473     Section 10.  Section 260.020, Florida Statutes, is created
474to read:
475     260.020  Colocating of trails.--The Legislature recognizes
476the importance of the colocation of multiuse recreational trails
477within appropriate linear corridors throughout the state that
478are presently, or in the future shall be, the location of
479various facilities used to supply the public with electricity,
480natural gas, water, sewers, drainage, flood control, fiber optic
481lines, roadways, and other services. It is the intent of the
482Legislature to encourage all state and local agencies to assist
483various public and private entities in securing public access to
484the linear corridors that are suitable for trails, including,
485but not limited to, funding the acquisition of colocation
486easements, assisting in the design, construction, and
487maintenance of trails constructed in the linear corridors,
488allowing consideration of the colocation of trails as part of
489mitigation plans in the permitting processes once natural
490systems are protected, and giving full consideration to the
491public nature of these colocated trails in proceedings pursuant
492to the Florida Electrical Power Plant Siting Act, ss. 403.501-
493403.518, the Transmission Line Siting Act, ss. 403.52-403.5365,
494and the Natural Gas Transmission Pipeline Siting Act, ss.
495403.9401-403.9425.
496     Section 11.  Subsection (1) of section 110.501, Florida
497Statutes, is amended to read:
498     110.501  Definitions.--As used in this act:
499     (1)  "Volunteer" means any person who, of his or her own
500free will, provides goods or services, or conveys an interest in
501or otherwise consents to the use of real property pursuant to
502ss. 260.011-260.020 260.011-260.018, to any state department or
503agency, or nonprofit organization, with no monetary or material
504compensation. A person registered and serving in Older American
505Volunteer Programs authorized by the Domestic Volunteer Service
506Act of 1973, as amended (Pub. L. No. 93-113), shall also be
507defined as a volunteer and shall incur no civil liability as
508provided by s. 768.1355. A volunteer shall be eligible for
509payment of volunteer benefits as specified in Pub. L. No. 93-
510113, this section, and s. 430.204.
511     Section 12.  Paragraph (m) is added to subsection (9) of
512section 259.105, Florida Statutes, to read:
513     259.105  The Florida Forever Act.--
514     (9)  The Acquisition and Restoration Council shall
515recommend rules for adoption by the board of trustees to
516competitively evaluate, select, and rank projects eligible for
517Florida Forever funds pursuant to paragraph (3)(b) and for
518additions to the Conservation and Recreation Lands list pursuant
519to ss. 259.032 and 259.101(4). In developing these proposed
520rules, the Acquisition and Restoration Council shall give weight
521to the following criteria:
522     (m)  The project or one of its components will ensure the
523continued existence of the Florida National Scenic Trail in a
524permanent location.
525     Section 13.  Section 335.067, Florida Statutes, is created
526to read:
527     335.067  Conserve by Bicycle Program.--There is hereby
528created within the Department of Transportation the Conserve by
529Bicycle Program.
530     (1)  The purpose of the Conserve by Bicycle Program is to:
531     (a)  Save energy by increasing the number of miles ridden
532on bicycles, thereby reducing the usage of petroleum-based
533fuels.
534     (b)  Increase efficiency of cycling as a transportation
535mode by improving interconnectivity.
536     (c)  Reduce traffic congestion on existing roads.
537     (d)  Provide recreational opportunities for Florida
538citizens and visitors.
539     (e)  Provide healthy alternatives to help reduce the trend
540toward obesity and reduce long-term health costs.
541     (f)  Provide safe ways for children to travel from their
542homes to their schools by supporting the Safe Paths to Schools
543Program.
544     (2)  In order to help accomplish these goals, the
545department shall conduct a Conserve by Bicycling study, which
546shall include a determination of the following:
547     (a)  Where energy savings can be realized when more and
548safer bicycle facilities are created that reduce the use of
549motor vehicles in the area.
550     (b)  How the shift in road capacity can be realized in true
551energy and costs savings.
552     (c)  Where the use of education and marketing programs can
553convert motor vehicle trips into bicycle trips.
554     (d)  How and under what circumstances the construction of
555bicycling facilities can provide more opportunities for
556recreation and how exercise can lead to a reduction of health
557risks associated with a sedentary lifestyle.
558     (e)  How the Safe Paths to Schools Program and other
559similar programs can reduce school-related commuter traffic,
560which will result in energy and roadway savings as well as
561improve the health of children throughout the state.
562     (f)  How partnerships can be created among interested
563parties in the fields of transportation, law enforcement,
564education, public health, environmental restoration and
565conservation, and energy conservation to achieve a better
566possibility of success for the program.
567     (3)  The study shall produce measurable criteria that can
568be used by the department to determine where and under what
569circumstances the construction of bicycling facilities will
570reduce energy consumption and the need for and cost of roadway
571capacity as well as realizing the associated health benefits.
572     (4)  The department shall conduct the study with the
573assistance of the State Pedestrian/Bicycle Coordinator,
574metropolitan planning organizations, the Office of Greenways and
575Trails of the Department of Environmental Protection, and the
576Department of Health and is encouraged to hire consultants to
577participate in portions of the study from the following
578organizations:
579     (a)  Florida Bicycle Association.
580     (b)  Rails-to-Trails Conservancy.
581     (c)  American Heart Association.
582     (d)  American Lung Association.
583     (5)  By July 1, 2005, the study shall be completed and
584shall be submitted to the Governor, the Speaker of the House of
585Representatives, the President of the Senate, the Secretary of
586Transportation, the Secretary of Environmental Protection, and
587the Secretary of Health.
588     (6)  There is hereby appropriated from the State
589Transportation Trust Fund to the Department of Environmental
590Protection the sum of $500,000 to conduct and produce the study.
591     Section 14.  Paragraph (k) of subsection (4) of section
592373.199, Florida Statutes, is amended to read:
593     373.199  Florida Forever Water Management District Work
594Plan.--
595     (4)  The list submitted by the districts shall include,
596where applicable, the following information for each project:
597     (k)  An identification of the proposed public access for
598projects with land acquisition components, including the Florida
599National Scenic Trail.
600     Section 15.  Subsection (6) of section 378.036, Florida
601Statutes, as amended by chapter 2003-423, Laws of Florida, is
602amended to read:
603     378.036  Land acquisitions financed by Nonmandatory Land
604Reclamation Trust Fund moneys.--
605     (6)(a)  By January 1, 2004, or within 6 months following
606the date funds become available from the Legislature, whichever
607is later, The Florida Wildlife Federation, Audubon Florida, and
608Rails-to-Trails Conservancy in partnership with the Florida
609Phosphate Council are authorized to form a nonprofit corporation
610the Florida Mining-Recreation, Inc., pursuant to chapter 617 for
611the purpose of implementing this section by creating plans and
612assisting in the development of public recreational
613opportunities on lands mined for phosphate in the state. The
614term ?lands mined for phosphate? includes those lands adjacent
615to and connecting mined lands. The first plans must concentrate
616on recreational activities in Hardee and Hamilton Counties which
617will assist them in rural economic development. Florida Mining-
618Recreation, Inc., shall be exempt from the tax imposed under
619chapter 212 regardless of its status pursuant to s. 501(c) of
620the United States Internal Revenue Code and shall be considered
621a nonprofit corporation for all state and local requirements
622applicable thereto.
623     (b)  The board of directors of the corporation shall be
624composed of three members, one designated by the Florida
625Phosphate Council, one as the designee of the Florida Wildlife
626Federation, Audubon Florida, and Rails-to-Trails Conservancy,
627and the third chosen by the other two designees.
628     (c)  The business of the corporation shall be conducted by
629the board of directors or a chief executive officer as the board
630shall see fit in accordance with the provisions of its articles
631of incorporation and applicable law. The activities of the
632corporation shall be coordinated with all landowners who have
633voluntarily agreed to participate in the process as well as any
634local government where such lands are recorded.
635     (d)  All of the funds provided in Specific Appropriation
6361637A of the General Appropriations Act of 2003 and any future
637appropriations to the corporation shall be paid directly to
638Florida Mining-Recreation, Inc., without the need for securing
639grants or advanced payment approval from the department or Chief
640Financial Officer regardless of previous agreements between the
641corporation and the department. Funds paid or appropriated to
642the corporation by the state may be expended for any valid
643purpose of the corporation as established in this section,
644including, but not limited to, the formation and management of
645the corporation, securing the services of experts and
646consultants, conducting audits, developing engineering plans,
647assisting in obtaining permits and approvals from governmental
648agencies, and other actions that further the goals of the
649corporation in creating plans and assisting in the development
650of recreational opportunities on lands mined for phosphate in
651the state. The corporation shall not be required to comply with
652state competitive bidding requirements but shall adopt a policy
653explaining how consultants to the corporation will be hired,
654which policy shall seek the lowest reasonable cost for the
655delivery of services without sacrificing quality while providing
656for the special needs of the corporation and shall encourage
657diversity in hiring and not discriminate against any person
658because of race, age, gender, religion, or national origin. An
659annual report of the activities of the corporation, including a
660certified audit, shall be presented to the Secretary of
661Environmental Protection or his or her designee by October 31 of
662each year following incorporation. The audit shall set forth the
663manner in which the corporate funds have been spent and an
664inventory of all corporate physical assets.
665     (e)  The corporation shall dissolve on January 1, 2009,
666unless dissolved previously by action of its board of directors
667or extended by the Legislature. Upon dissolution, any moneys
668remaining in the accounts of the corporation that are
669unobligated shall be returned to the funds from which they were
670appropriated in proportion to the amount contributed. All
671tangible assets of the corporation at dissolution which were
672acquired using state funding shall become the property of the
673Department of Environmental Protection.
674     Section 16.  Subsection (5) of section 380.503, Florida
675Statutes, is amended to read:
676     380.503  Definitions.--As used in ss. 380.501-380.515,
677unless the context indicates a different meaning or intent:
678     (5)  "Nonprofit organization" means any private nonprofit
679organization, existing under the provisions of s. 501(c)(3) of
680the United States Internal Revenue Code, which has among its
681principal goals the conservation of natural resources, the
682establishment of public recreational trails, or the protection
683of the environment.
684     Section 17.  Subsections (2) and (4) of section 380.507,
685Florida Statutes, are amended to read:
686     380.507  Powers of the trust.--The trust shall have all the
687powers necessary or convenient to carry out the purposes and
688provisions of this part, including:
689     (2)  To undertake, coordinate, or fund activities and
690projects which will help bring local comprehensive plans into
691compliance and help implement the goals, objectives, and
692policies of the conservation, recreation and open space, and
693coastal elements of local comprehensive plans, or which will
694otherwise serve to conserve natural resources and resolve land
695use conflicts, including, but not limited to:
696     (a)  Redevelopment projects.
697     (b)  Resource enhancement projects.
698     (c)  Public access projects.
699     (d)  Urban waterfront restoration projects.
700     (e)  Site reservation.
701     (f)  Urban greenways and open space projects.
702     (g)  Florida National Scenic Trail projects.
703     (4)  To acquire and dispose of real and personal property
704or any interest therein when necessary or appropriate to protect
705the natural environment, provide public access or public
706recreational facilities, including the Florida National Scenic
707Trail, preserve wildlife habitat areas, provide access for
708managing acquired lands, or otherwise carry out the purposes of
709this part. If the trust acquires land for permanent state
710ownership, title to such land shall be vested in the Board of
711Trustees of the Internal Improvement Trust Fund; otherwise,
712title to property acquired in partnership with a county or
713municipality shall vest in the name of the local government.
714Notwithstanding any other provision of law, the trust may enter
715into an option agreement to purchase lands included in projects
716approved according to this part, when necessary to reserve lands
717during the preparation of project plans and during acquisition
718proceedings. The consideration for an option shall not exceed
719$100,000.
720     Section 18.  This act shall take effect upon becoming a
721law.


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