| 1 | A bill to be entitled |
| 2 | An act relating to greenways and trails; renaming ch. 260, |
| 3 | F.S., the "Florida Greenways and Trails Act"; amending s. |
| 4 | 260.011, F.S.; providing a popular name; correcting a |
| 5 | reference; amending s. 260.012, F.S.; revising legislative |
| 6 | intent; amending s. 260.0125, F.S.; requiring written |
| 7 | landowner authorization for public access to private |
| 8 | lands; requiring the Department of Environmental |
| 9 | Protection to provide certain notice; amending s. 260.013, |
| 10 | F.S.; revising and providing definitions; amending s. |
| 11 | 260.0141, F.S.; removing a provision relating to |
| 12 | acquisition of greenways and trails; amending s. 260.0142, |
| 13 | F.S.; extending the terms of certain appointees to the |
| 14 | Florida Greenways and Trails Council; revising duties of |
| 15 | council members; amending s. 260.015, F.S.; removing |
| 16 | provisions for appraisal of certain property by the |
| 17 | department; amending s. 260.016, F.S.; revising powers of |
| 18 | the department with regard to access routes and evaluation |
| 19 | of lands for acquisition; creating s. 260.020, F.S.; |
| 20 | establishing legislative intent regarding colocation of |
| 21 | multiuse trails in linear corridors that include certain |
| 22 | facilities; amending s. 110.501, F.S.; conforming a |
| 23 | reference; amending s. 259.105, F.S.; providing an |
| 24 | additional criterion for evaluation of Florida Forever |
| 25 | projects; creating s. 335.067, F.S.; creating the Conserve |
| 26 | by Bicycle Program within the Department of |
| 27 | Transportation; providing purposes; requiring the |
| 28 | department, in conjunction with specified organizations, |
| 29 | to conduct a Conserve by Bicycle study; requiring the |
| 30 | study to be submitted to the Governor and Legislature; |
| 31 | providing an appropriation; amending s. 373.199, F.S.; |
| 32 | providing for inclusion of the Florida National Scenic |
| 33 | Trail in Florida Forever water management districts' |
| 34 | recommended projects lists; amending s. 378.036, F.S.; |
| 35 | providing a definition for purposes of land acquisition; |
| 36 | exempting Florida Mining-Recreation, Inc., from the tax on |
| 37 | sales, use, and other transactions; permitting certain |
| 38 | funds to be paid directly to the Florida Mining- |
| 39 | Recreation, Inc.; providing for uses of the funds; |
| 40 | exempting the corporation from competitive bidding |
| 41 | requirements; clarifying audit and inventory requirements; |
| 42 | amending s. 380.503, F.S.; revising a definition; amending |
| 43 | s. 380.507, F.S.; including the Florida National Scenic |
| 44 | Trail in a list of projects relating to natural resources |
| 45 | conservation supported by the Florida Communities Trust; |
| 46 | revising provisions relating to the acquisition of certain |
| 47 | lands; providing an effective date. |
| 48 |
|
| 49 | Be 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 |
| 53 | Trails Act." |
| 54 | Section 2. Section 260.011, Florida Statutes, is amended |
| 55 | to read: |
| 56 | 260.011 Popular name Short title.--Sections 260.011- |
| 57 | 260.011-260.020 260.011-260.018 shall be known by the popular |
| 58 | name and may be cited as the "Florida Greenways and Trails Act." |
| 59 | Section 3. Subsections (1), (2), (5), and (6) of section |
| 60 | 260.012, 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 |
| 63 | areas of Florida, and in order to conserve, develop, and use the |
| 64 | natural resources of this state for healthful and recreational |
| 65 | purposes, it is declared to be the public policy of this state |
| 66 | and the purpose of ss. 260.011-260.020 260.011-260.018 to |
| 67 | provide the means and procedures for establishing and expanding |
| 68 | a statewide system of greenways and trails for recreational and |
| 69 | conservation purposes and which shall be designated as the |
| 70 | "Florida Greenways and Trails System." The standards by which |
| 71 | the greenways and trails system shall be acquired, designated, |
| 72 | administered, maintained, used, and expanded shall be consistent |
| 73 | with the provisions of ss. 260.011-260.020 260.011-260.018. It |
| 74 | is the intent of the Legislature that these greenways and trails |
| 75 | will serve to implement the concepts of ecosystems management |
| 76 | while providing, where appropriate, recreational opportunities, |
| 77 | including, but not limited to, equestrian activities horseback |
| 78 | riding, hiking, bicycling, canoeing, jogging, and historical and |
| 79 | archaeological interpretation, thereby improving the health and |
| 80 | welfare of the people. |
| 81 | (2) It is the intent of the Legislature that a statewide |
| 82 | system of greenways and trails be established to provide open |
| 83 | space benefiting environmentally sensitive lands and wildlife |
| 84 | and providing people with access to healthful outdoor |
| 85 | activities. It is also the intent of the Legislature to acquire |
| 86 | or designate lands and waterways to facilitate the establishment |
| 87 | of a statewide system of greenways and trails; to encourage the |
| 88 | multiple use of public rights-of-way and use to the fullest |
| 89 | extent existing and future scenic roads, highways, park roads, |
| 90 | parkways, greenways, trails, and national recreational trails; |
| 91 | to encourage the development of greenways and trails by |
| 92 | counties, cities, and special districts, and nongovernmental |
| 93 | organizations and to assist in such development by any means |
| 94 | available; to coordinate greenway and trail plans and |
| 95 | development by local governments with one another and with the |
| 96 | state government and Federal Government; to encourage, whenever |
| 97 | possible, the development of greenways and trails on federal |
| 98 | lands by the Federal Government; and to encourage the owners of |
| 99 | private lands to protect the existing ecological, historical, |
| 100 | and cultural values of their lands, including those values |
| 101 | derived from working landscapes. |
| 102 | (5) The planning, development, operation, and maintenance |
| 103 | of the Florida Greenways and Trails System authorized by ss. |
| 104 | 260.011-260.020 260.011-260.018 is declared to be a public |
| 105 | purpose, and the Department of Environmental Protection, |
| 106 | together with other agencies of this state and all counties, |
| 107 | municipalities, and special districts of this state, is |
| 108 | authorized to spend public funds for such purposes and to accept |
| 109 | gifts and grants of funds, property, or property rights from |
| 110 | public or private sources to be used for such purposes. |
| 111 | (6) It is the intent of the Legislature to officially |
| 112 | recognize the Florida National Scenic Trail as Florida's |
| 113 | official statewide trail from the Florida Panhandle to the |
| 114 | Everglades. It is also the intent of the Legislature to |
| 115 | encourage all state, regional, and local agencies who acquire |
| 116 | lands to include in their land-buying efforts the acquisition of |
| 117 | sufficient legal interest in the lands over which the trail |
| 118 | passes to ensure its continued existence in a permanent |
| 119 | location. Each state, regional, and local agency shall, to the |
| 120 | extent that it is not already occurring, give enhanced |
| 121 | consideration for acquisitions within its land-buying processes |
| 122 | to any parcel of land proposed to be purchased which will assist |
| 123 | in permanently establishing the trail consistent with the route |
| 124 | determined by the United States Forest Service and the Florida |
| 125 | Trail Association. To further advance the efforts to acquire a |
| 126 | permanent location for the trail, the state's land-buying |
| 127 | agencies are encouraged to consider the trail a single project |
| 128 | with multiple phases for the purpose of listing and acquisition. |
| 129 | The inclusion of private funds in any purchase shall be a |
| 130 | positive consideration in any ranking process for acquisition. |
| 131 | Section 4. Subsection (7) of section 260.0125, Florida |
| 132 | Statutes, 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 |
| 135 | whose property is designated as part of the statewide system of |
| 136 | greenways and trails.-- |
| 137 | (7) When the department determines that public access is |
| 138 | appropriate for greenways and trails on private lands, written |
| 139 | authorization must be granted by the private landowner to the |
| 140 | department permitting public access to all or a specified part |
| 141 | of the landowner's property. The determination of the department |
| 142 | shall be noticed pursuant to s. 120.525, and the department |
| 143 | shall also notify the private landowner by certified mail at |
| 144 | least 7 days before any public meeting regarding the intent to |
| 145 | designate. |
| 146 | Section 5. Section 260.013, Florida Statutes, is amended |
| 147 | to read: |
| 148 | 260.013 Definitions.--As used in ss. 260.011-260.020 |
| 149 | 260.011-260.018, unless the context otherwise requires: |
| 150 | (1) "Board" means the Board of Trustees of the Internal |
| 151 | Improvement Trust Fund. |
| 152 | (2) "Department" means the Department of Environmental |
| 153 | Protection. |
| 154 | (3) "Designation" means the identification and inclusion |
| 155 | of specific lands and waterways as part of the statewide system |
| 156 | of greenways and trails pursuant to a formal public process, |
| 157 | including the specific written consent of the landowner. When |
| 158 | the department determines that public access is appropriate for |
| 159 | greenways and trails, written authorization must be granted by |
| 160 | the landowner to the department permitting public access to all |
| 161 | or a specified part of the landowner's property. The |
| 162 | department's determination shall be noticed pursuant to s. |
| 163 | 120.525, and the department shall also notify the landowner by |
| 164 | certified mail at least 7 days before any public meeting |
| 165 | regarding the intent to designate. |
| 166 | (4) "Greenway" means a linear open space established along |
| 167 | either a natural corridor, such as a riverfront, stream valley, |
| 168 | or ridgeline, or over land along a railroad right-of-way |
| 169 | converted to recreational use, a canal, a scenic road, or other |
| 170 | route; any natural or landscaped course for recreation |
| 171 | pedestrian or bicycle passage; an open space connector linking |
| 172 | parks, nature reserves, cultural features, or historic sites |
| 173 | with each other and populated areas; or a local strip or linear |
| 174 | park designated as a parkway or greenbelt. |
| 175 | (5) "Office" means the Office of Greenways and Trails of |
| 176 | the Department of Environmental Protection. |
| 177 | (6)(5) "Trails" means linear corridors and any adjacent |
| 178 | support parcels on land or water providing public access for |
| 179 | recreation or authorized alternative modes of transportation. |
| 180 | Section 6. Section 260.0141, Florida Statutes, is amended |
| 181 | to read: |
| 182 | 260.0141 Greenways and Trails Program.--There is |
| 183 | established within the department the "Florida Greenways and |
| 184 | Trails Program," the purpose of which is to facilitate the |
| 185 | establishment of a statewide system of greenways and trails. |
| 186 | Such greenways and trails shall be acquired pursuant to this |
| 187 | act. Planning materials, maps, data, and other information |
| 188 | developed or used in the program shall not be construed as |
| 189 | designation of lands as part of the statewide system of |
| 190 | greenways and trails. Identification of lands in such |
| 191 | information shall not: |
| 192 | (1) Require or empower any unit of local or regional |
| 193 | government, or any state agency, to impose additional or more |
| 194 | restrictive environmental, land-use, or zoning regulations; |
| 195 | (2) Be construed or cited as authority to adopt, enforce, |
| 196 | or amend any environmental rule or regulation; comprehensive |
| 197 | plan goals, policies, or objectives; or zoning or land-use |
| 198 | ordinance; |
| 199 | (3) Be used as the basis for permit denial; imposition of |
| 200 | any permit condition; or application of any rule, regulation, or |
| 201 | ordinance by any subdivision of local, regional, or state |
| 202 | government; or |
| 203 | (4) Be construed or cited as authority by any governmental |
| 204 | agency to reduce or restrict the rights of owners of lands so |
| 205 | identified. |
| 206 | Section 7. Section 260.0142, Florida Statutes, is amended |
| 207 | to read: |
| 208 | 260.0142 Florida Greenways and Trails Council; |
| 209 | composition; powers and duties.-- |
| 210 | (1) There is hereby created within the Department of |
| 211 | Environmental Protection the Florida Greenways and Trails |
| 212 | Council which shall advise the department in the execution of |
| 213 | the department's powers and duties under this chapter. The |
| 214 | council shall be composed of 21 members, consisting of: |
| 215 | (a) Five members appointed by the Governor, with two |
| 216 | members representing the trail user community, two members |
| 217 | representing the greenway user community, and one member |
| 218 | representing private landowners. Of the initial appointments, |
| 219 | two shall be appointed for 2-year terms and three shall be |
| 220 | appointed for 1-year terms. Subsequent appointments shall be for |
| 221 | 2-year terms. |
| 222 | (b) Three members appointed by the President of the |
| 223 | Senate, with one member representing the trail user community |
| 224 | and two members representing the greenway user community. Of the |
| 225 | initial appointments, two shall be appointed for 2-year terms |
| 226 | and one shall be appointed for a 1-year term. Subsequent |
| 227 | appointments shall be for 2-year terms. |
| 228 | (c) Three members appointed by the Speaker of the House of |
| 229 | Representatives, with two members representing the trail user |
| 230 | community and one member representing the greenway user |
| 231 | community. Of the initial appointments, two shall be appointed |
| 232 | for 2-year terms and one shall be appointed for a 1-year term. |
| 233 | Subsequent appointments shall be for 2-year terms. |
| 234 |
|
| 235 | Those eligible to represent the trail user community shall be |
| 236 | chosen from, but not be limited to, paved trail users, hikers, |
| 237 | off-road bicyclists, paddlers, equestrians, disabled outdoor |
| 238 | recreational users, and commercial recreational interests. Those |
| 239 | eligible to represent the greenway user community shall be |
| 240 | chosen from, but not be limited to, conservation organizations, |
| 241 | nature study organizations, and scientists and university |
| 242 | experts. |
| 243 | (d) The 10 remaining members shall include: |
| 244 | 1. The Secretary of Environmental Protection or a |
| 245 | designee; |
| 246 | 2. The executive director of the Fish and Wildlife |
| 247 | Conservation 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 |
| 251 | Department of Agriculture and Consumer Services or a designee; |
| 252 | 6. The director of the Division of Historical Resources of |
| 253 | the Department of State or a designee; |
| 254 | 7. A representative of the water management districts who |
| 255 | shall serve for 1 year. Membership on the council shall rotate |
| 256 | among the five districts. The districts shall determine the |
| 257 | order of rotation; |
| 258 | 8. A representative of a federal land management agency. |
| 259 | The Secretary of Environmental Protection shall identify the |
| 260 | appropriate federal agency and request designation of a |
| 261 | representative from the agency to serve on the council; |
| 262 | 9. A representative of the regional planning councils to |
| 263 | be appointed by the Secretary of Environmental Protection, in |
| 264 | consultation with the Secretary of Community Affairs, for a |
| 265 | single 2-year term. Membership on the council shall rotate among |
| 266 | the seven regional planning councils. The regional planning |
| 267 | councils shall determine the order of rotation The |
| 268 | representative shall not be selected from the same regional |
| 269 | planning council for successive terms; and |
| 270 | 10. A representative of local governments to be appointed |
| 271 | by the Secretary of Environmental Protection, in consultation |
| 272 | with the Secretary of Community Affairs, for a single 2-year |
| 273 | term. Membership shall alternate between a county representative |
| 274 | and a municipal representative. |
| 275 | (2) The department shall provide necessary staff |
| 276 | assistance to the council. |
| 277 | (3) The terms of all appointees shall be for 2 years |
| 278 | unless otherwise specified. The appointees of the Governor, the |
| 279 | President of the Senate, and the Speaker of the House of |
| 280 | Representatives may be reappointed for no more than four |
| 281 | consecutive terms. The representatives of the water management |
| 282 | districts, regional planning councils, and local governments may |
| 283 | be reappointed for no more than two consecutive terms. All other |
| 284 | appointees shall serve until replaced. The council is authorized |
| 285 | to contract for and to accept gifts, grants, or other aid from |
| 286 | the United States Government or any person or corporation. |
| 287 | (4) The duties of the council shall include, but not be |
| 288 | limited to, the following: |
| 289 | (a) Advise the Department of Environmental Protection, the |
| 290 | Department of Community Affairs, the Department of |
| 291 | Transportation, the Fish and Wildlife Conservation Commission, |
| 292 | the Division of Forestry of the Department of Agriculture and |
| 293 | Consumer Services, the water management districts, and the |
| 294 | regional planning councils on policies relating to the Florida |
| 295 | Greenways and Trails System, and promote intergovernmental |
| 296 | cooperation; |
| 297 | (a)(b) Facilitate a statewide system of interconnected |
| 298 | landscape linkages, conservation corridors, greenbelts, |
| 299 | recreational corridors and trails, scenic corridors, utilitarian |
| 300 | corridors, reserves, regional parks and preserves, ecological |
| 301 | sites, and cultural/historic/recreational sites using; |
| 302 | (c) Facilitate a statewide system of interconnected land- |
| 303 | based trails that connect urban, suburban, and rural areas of |
| 304 | the state and facilitate expansion of the statewide system of |
| 305 | freshwater and saltwater paddling trails.; |
| 306 | (b)(d) Recommend priorities for critical links in the |
| 307 | Florida Greenways and Trails System.; |
| 308 | (c)(e) Review recommendations of the office applications |
| 309 | for acquisition funding under the Florida Greenways and Trails |
| 310 | Program and recommend to the Secretary of Environmental |
| 311 | Protection which projects should be acquired.; |
| 312 | (f) Provide funding recommendations to agencies and |
| 313 | organizations regarding the acquisition, development, and |
| 314 | management of greenways and trails, including the promotion of |
| 315 | private landowner incentives; |
| 316 | (d)(g) Review designation proposals for inclusion in the |
| 317 | Florida Greenways and Trails System.; |
| 318 | (h) Provide advocacy and education to benefit the |
| 319 | statewide system of greenways and trails by encouraging |
| 320 | communication and conferencing; |
| 321 | (e)(i) Encourage public-private partnerships to develop |
| 322 | and manage greenways and trails.; |
| 323 | (f)(j) Review progress toward meeting established |
| 324 | benchmarks and recommend appropriate action.; |
| 325 | (g)(k) Make recommendations for updating and revising the |
| 326 | implementation plan for the Florida Greenways and Trails |
| 327 | System.; |
| 328 | (l) Advise the Land Acquisition and Management Advisory |
| 329 | Council or its successor to ensure the incorporation of |
| 330 | greenways and trails in land management plans on lands managed |
| 331 | by the Department of Environmental Protection, the Fish and |
| 332 | Wildlife Conservation Commission, the Division of Historical |
| 333 | Resources of the Department of State, and the Division of |
| 334 | Forestry of the Department of Agriculture and Consumer Services; |
| 335 | (m) Provide advice and assistance to the Department of |
| 336 | Transportation and the water management districts regarding the |
| 337 | incorporation of greenways and trails into their planning |
| 338 | efforts; |
| 339 | (n) Encourage land use, environmental, and coordinated |
| 340 | linear infrastructure planning to facilitate the implementation |
| 341 | of local, regional, and statewide greenways and trails systems; |
| 342 | (h)(o) Promote greenways and trails support |
| 343 | organizations.; and |
| 344 | (i)(p) Support the Florida Greenways and Trails System |
| 345 | through intergovernmental coordination, budget recommendations, |
| 346 | advocacy, and education and in any other appropriate way. |
| 347 | (5) The council shall establish procedures for conducting |
| 348 | its affairs in execution of the duties and responsibilities |
| 349 | stated in this section, which operating procedures shall include |
| 350 | determination of a council chair and other appropriate |
| 351 | operational guidelines. The council shall meet at the call of |
| 352 | the chair, or at such times as may be prescribed by its |
| 353 | operating procedures. The council may establish committees to |
| 354 | conduct the work of the council and the committees may include |
| 355 | nonmembers as appropriate. |
| 356 | (6) A vacancy on the council shall be filled for the |
| 357 | remainder of the unexpired term in the same manner as the |
| 358 | original appointment. Members whose terms have expired may |
| 359 | continue to serve until replaced or reappointed. No member shall |
| 360 | serve on the council for more than two consecutive terms. |
| 361 | (7) Members of the council shall not receive any |
| 362 | compensation for their services but shall be entitled to receive |
| 363 | reimbursement for per diem and travel expenses incurred in the |
| 364 | performance of their duties, as provided in s. 112.061. |
| 365 | Section 8. Subsections (1) and (3) of section 260.015, |
| 366 | Florida Statutes, are amended to read: |
| 367 | 260.015 Acquisition of land.-- |
| 368 | (1) The department is authorized to acquire by gift or |
| 369 | purchase the fee simple absolute title or any lesser interest in |
| 370 | land, including easements, for the purposes of ss. 260.011- |
| 371 | 260.020 260.011-260.018 pursuant to the provisions of chapter |
| 372 | 375, except that: |
| 373 | (a) The department's power of eminent domain shall be |
| 374 | limited to curing defects in title accepted by the board |
| 375 | pursuant to subsection (2). |
| 376 | (b) Lists of proposed acquisitions for the Florida |
| 377 | Greenways and Trails Program shall be prepared according to |
| 378 | procedures adopted by the department. |
| 379 | (c) Projects acquired under this chapter shall not be |
| 380 | subject to the evaluation and selection procedures of s. |
| 381 | 259.035, regardless of the estimated value of such projects. All |
| 382 | projects shall be acquired in accordance with the acquisition |
| 383 | procedures of chapter 259, except that the department may use |
| 384 | the appraisal procedure used by the Department of Transportation |
| 385 | to acquire transportation rights-of-way. When a parcel is |
| 386 | estimated to be valued at $100,000 or less and the department |
| 387 | finds that the costs of obtaining an outside appraisal are not |
| 388 | justified, an appraisal prepared by the department may be used. |
| 389 | (3) Easements, licenses, and use agreements upon, over, |
| 390 | under, across, or along any land, the fee title of which has |
| 391 | been acquired for the purposes of ss. 260.011-260.020 260.011- |
| 392 | 260.018, may be granted by the department so long as the use of |
| 393 | the easement, license, or use agreement does not interfere with |
| 394 | the 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 |
| 400 | greenways and trails. The description shall include a |
| 401 | generalized map delineating the area designated, location of |
| 402 | suitable ingress and egress sites, as well as other points of |
| 403 | interest to enhance the recreational opportunities of the |
| 404 | public. |
| 405 | (b) Establish access routes and related public-use |
| 406 | facilities along greenways and trails which will not |
| 407 | substantially interfere with the nature and purposes of the |
| 408 | greenway or trail. |
| 409 | (b)(c) Adopt appropriate rules to implement or interpret |
| 410 | this act and portions of chapter 253 relating to greenways and |
| 411 | trails, which may include, but are not limited to, rules for the |
| 412 | following: |
| 413 | 1. Establishing a designation process. |
| 414 | 2. Negotiating and executing agreements with private |
| 415 | landowners. |
| 416 | 3. Establishing prohibited activities or restrictions on |
| 417 | activities to protect the health, safety, and welfare of the |
| 418 | public. |
| 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, |
| 423 | operation, and maintenance of greenways and trails. |
| 424 |
|
| 425 | Any person who violates or otherwise fails to comply with the |
| 426 | rules adopted pursuant to subparagraph 3. commits a noncriminal |
| 427 | infraction for which a fine of up to $500 may be imposed. |
| 428 | (c)(d) Coordinate the activities of all governmental units |
| 429 | and bodies and special districts that desire to participate in |
| 430 | the development and implementation of the Florida Greenways and |
| 431 | Trails System. |
| 432 | (d)(e) Establish, develop, and publicize greenways and |
| 433 | trails in a manner that will permit public recreation when |
| 434 | appropriate without damaging natural resources. The Big Bend |
| 435 | Historic Saltwater Paddling Trail from the St. Marks River to |
| 436 | Yankeetown is hereby designated as part of the Florida Greenways |
| 437 | and Trails System. Additions to this trail may be added by the |
| 438 | department from time to time as part of a statewide saltwater |
| 439 | circumnavigation trail. |
| 440 | (e)(f) Enter into agreements with any federal, state, or |
| 441 | local governmental agency, or any other entity for the |
| 442 | management of greenways and trails for recreation and |
| 443 | conservation purposes consistent with the intent of this |
| 444 | chapter. Such entities must demonstrate their capabilities of |
| 445 | management for the purposes defined in ss. 260.011-260.020 |
| 446 | 260.011-260.018. |
| 447 | (f)(g) Charge reasonable fees or rentals for the use or |
| 448 | operation of facilities and concessions. All such fees, rentals, |
| 449 | or other charges collected shall be deposited in the account or |
| 450 | trust fund of the managing entity. |
| 451 | (g)(h) Receive or accept from any legal source, grants for |
| 452 | the purpose of providing or improving public greenways and |
| 453 | trails, and the department is authorized to disburse funds as |
| 454 | pass-through grants to federal, state, or local government |
| 455 | agencies, recognized tribal units, or to nonprofit entities |
| 456 | created for this purpose. The department has authority to adopt |
| 457 | rules pursuant to ss. 120.536(1) and 120.54 to implement the |
| 458 | provisions of this subsection. Such rules shall provide, but are |
| 459 | not limited to, the following: procedures for grant |
| 460 | administration and accountability; eligibility, selection |
| 461 | criteria; maximum grant amounts and number of pending grants; |
| 462 | dedication requirements; and conversion procedures and |
| 463 | requirements. |
| 464 | (2) The department shall: |
| 465 | (a) Evaluate lands for the acquisition of greenways and |
| 466 | trails and compile a list of suitable corridors, greenways, and |
| 467 | trails, ranking them in order of priority for proposed |
| 468 | acquisition. The department shall devise a method of evaluation |
| 469 | which includes, but is not limited to, the consideration of the |
| 470 | importance and function of such corridors within the statewide |
| 471 | system as reflected on the opportunity maps and the landowners' |
| 472 | willingness to negotiate. |
| 473 | Section 10. Section 260.020, Florida Statutes, is created |
| 474 | to read: |
| 475 | 260.020 Colocating of trails.--The Legislature recognizes |
| 476 | the importance of the colocation of multiuse recreational trails |
| 477 | within appropriate linear corridors throughout the state that |
| 478 | are presently, or in the future shall be, the location of |
| 479 | various facilities used to supply the public with electricity, |
| 480 | natural gas, water, sewers, drainage, flood control, fiber optic |
| 481 | lines, roadways, and other services. It is the intent of the |
| 482 | Legislature to encourage all state and local agencies to assist |
| 483 | various public and private entities in securing public access to |
| 484 | the linear corridors that are suitable for trails, including, |
| 485 | but not limited to, funding the acquisition of colocation |
| 486 | easements, assisting in the design, construction, and |
| 487 | maintenance of trails constructed in the linear corridors, |
| 488 | allowing consideration of the colocation of trails as part of |
| 489 | mitigation plans in the permitting processes once natural |
| 490 | systems are protected, and giving full consideration to the |
| 491 | public nature of these colocated trails in proceedings pursuant |
| 492 | to the Florida Electrical Power Plant Siting Act, ss. 403.501- |
| 493 | 403.518, the Transmission Line Siting Act, ss. 403.52-403.5365, |
| 494 | and the Natural Gas Transmission Pipeline Siting Act, ss. |
| 495 | 403.9401-403.9425. |
| 496 | Section 11. Subsection (1) of section 110.501, Florida |
| 497 | Statutes, 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 |
| 500 | free will, provides goods or services, or conveys an interest in |
| 501 | or otherwise consents to the use of real property pursuant to |
| 502 | ss. 260.011-260.020 260.011-260.018, to any state department or |
| 503 | agency, or nonprofit organization, with no monetary or material |
| 504 | compensation. A person registered and serving in Older American |
| 505 | Volunteer Programs authorized by the Domestic Volunteer Service |
| 506 | Act of 1973, as amended (Pub. L. No. 93-113), shall also be |
| 507 | defined as a volunteer and shall incur no civil liability as |
| 508 | provided by s. 768.1355. A volunteer shall be eligible for |
| 509 | payment of volunteer benefits as specified in Pub. L. No. 93- |
| 510 | 113, this section, and s. 430.204. |
| 511 | Section 12. Paragraph (m) is added to subsection (9) of |
| 512 | section 259.105, Florida Statutes, to read: |
| 513 | 259.105 The Florida Forever Act.-- |
| 514 | (9) The Acquisition and Restoration Council shall |
| 515 | recommend rules for adoption by the board of trustees to |
| 516 | competitively evaluate, select, and rank projects eligible for |
| 517 | Florida Forever funds pursuant to paragraph (3)(b) and for |
| 518 | additions to the Conservation and Recreation Lands list pursuant |
| 519 | to ss. 259.032 and 259.101(4). In developing these proposed |
| 520 | rules, the Acquisition and Restoration Council shall give weight |
| 521 | to the following criteria: |
| 522 | (m) The project or one of its components will ensure the |
| 523 | continued existence of the Florida National Scenic Trail in a |
| 524 | permanent location. |
| 525 | Section 13. Section 335.067, Florida Statutes, is created |
| 526 | to read: |
| 527 | 335.067 Conserve by Bicycle Program.--There is hereby |
| 528 | created within the Department of Transportation the Conserve by |
| 529 | Bicycle Program. |
| 530 | (1) The purpose of the Conserve by Bicycle Program is to: |
| 531 | (a) Save energy by increasing the number of miles ridden |
| 532 | on bicycles, thereby reducing the usage of petroleum-based |
| 533 | fuels. |
| 534 | (b) Increase efficiency of cycling as a transportation |
| 535 | mode by improving interconnectivity. |
| 536 | (c) Reduce traffic congestion on existing roads. |
| 537 | (d) Provide recreational opportunities for Florida |
| 538 | citizens and visitors. |
| 539 | (e) Provide healthy alternatives to help reduce the trend |
| 540 | toward obesity and reduce long-term health costs. |
| 541 | (f) Provide safe ways for children to travel from their |
| 542 | homes to their schools by supporting the Safe Paths to Schools |
| 543 | Program. |
| 544 | (2) In order to help accomplish these goals, the |
| 545 | department shall conduct a Conserve by Bicycling study, which |
| 546 | shall include a determination of the following: |
| 547 | (a) Where energy savings can be realized when more and |
| 548 | safer bicycle facilities are created that reduce the use of |
| 549 | motor vehicles in the area. |
| 550 | (b) How the shift in road capacity can be realized in true |
| 551 | energy and costs savings. |
| 552 | (c) Where the use of education and marketing programs can |
| 553 | convert motor vehicle trips into bicycle trips. |
| 554 | (d) How and under what circumstances the construction of |
| 555 | bicycling facilities can provide more opportunities for |
| 556 | recreation and how exercise can lead to a reduction of health |
| 557 | risks associated with a sedentary lifestyle. |
| 558 | (e) How the Safe Paths to Schools Program and other |
| 559 | similar programs can reduce school-related commuter traffic, |
| 560 | which will result in energy and roadway savings as well as |
| 561 | improve the health of children throughout the state. |
| 562 | (f) How partnerships can be created among interested |
| 563 | parties in the fields of transportation, law enforcement, |
| 564 | education, public health, environmental restoration and |
| 565 | conservation, and energy conservation to achieve a better |
| 566 | possibility of success for the program. |
| 567 | (3) The study shall produce measurable criteria that can |
| 568 | be used by the department to determine where and under what |
| 569 | circumstances the construction of bicycling facilities will |
| 570 | reduce energy consumption and the need for and cost of roadway |
| 571 | capacity as well as realizing the associated health benefits. |
| 572 | (4) The department shall conduct the study with the |
| 573 | assistance of the State Pedestrian/Bicycle Coordinator, |
| 574 | metropolitan planning organizations, the Office of Greenways and |
| 575 | Trails of the Department of Environmental Protection, and the |
| 576 | Department of Health and is encouraged to hire consultants to |
| 577 | participate in portions of the study from the following |
| 578 | organizations: |
| 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 |
| 584 | shall be submitted to the Governor, the Speaker of the House of |
| 585 | Representatives, the President of the Senate, the Secretary of |
| 586 | Transportation, the Secretary of Environmental Protection, and |
| 587 | the Secretary of Health. |
| 588 | (6) There is hereby appropriated from the State |
| 589 | Transportation Trust Fund to the Department of Environmental |
| 590 | Protection the sum of $500,000 to conduct and produce the study. |
| 591 | Section 14. Paragraph (k) of subsection (4) of section |
| 592 | 373.199, Florida Statutes, is amended to read: |
| 593 | 373.199 Florida Forever Water Management District Work |
| 594 | Plan.-- |
| 595 | (4) The list submitted by the districts shall include, |
| 596 | where applicable, the following information for each project: |
| 597 | (k) An identification of the proposed public access for |
| 598 | projects with land acquisition components, including the Florida |
| 599 | National Scenic Trail. |
| 600 | Section 15. Subsection (6) of section 378.036, Florida |
| 601 | Statutes, as amended by chapter 2003-423, Laws of Florida, is |
| 602 | amended to read: |
| 603 | 378.036 Land acquisitions financed by Nonmandatory Land |
| 604 | Reclamation Trust Fund moneys.-- |
| 605 | (6)(a) By January 1, 2004, or within 6 months following |
| 606 | the date funds become available from the Legislature, whichever |
| 607 | is later, The Florida Wildlife Federation, Audubon Florida, and |
| 608 | Rails-to-Trails Conservancy in partnership with the Florida |
| 609 | Phosphate Council are authorized to form a nonprofit corporation |
| 610 | the Florida Mining-Recreation, Inc., pursuant to chapter 617 for |
| 611 | the purpose of implementing this section by creating plans and |
| 612 | assisting in the development of public recreational |
| 613 | opportunities on lands mined for phosphate in the state. The |
| 614 | term ?lands mined for phosphate? includes those lands adjacent |
| 615 | to and connecting mined lands. The first plans must concentrate |
| 616 | on recreational activities in Hardee and Hamilton Counties which |
| 617 | will assist them in rural economic development. Florida Mining- |
| 618 | Recreation, Inc., shall be exempt from the tax imposed under |
| 619 | chapter 212 regardless of its status pursuant to s. 501(c) of |
| 620 | the United States Internal Revenue Code and shall be considered |
| 621 | a nonprofit corporation for all state and local requirements |
| 622 | applicable thereto. |
| 623 | (b) The board of directors of the corporation shall be |
| 624 | composed of three members, one designated by the Florida |
| 625 | Phosphate Council, one as the designee of the Florida Wildlife |
| 626 | Federation, Audubon Florida, and Rails-to-Trails Conservancy, |
| 627 | and the third chosen by the other two designees. |
| 628 | (c) The business of the corporation shall be conducted by |
| 629 | the board of directors or a chief executive officer as the board |
| 630 | shall see fit in accordance with the provisions of its articles |
| 631 | of incorporation and applicable law. The activities of the |
| 632 | corporation shall be coordinated with all landowners who have |
| 633 | voluntarily agreed to participate in the process as well as any |
| 634 | local government where such lands are recorded. |
| 635 | (d) All of the funds provided in Specific Appropriation |
| 636 | 1637A of the General Appropriations Act of 2003 and any future |
| 637 | appropriations to the corporation shall be paid directly to |
| 638 | Florida Mining-Recreation, Inc., without the need for securing |
| 639 | grants or advanced payment approval from the department or Chief |
| 640 | Financial Officer regardless of previous agreements between the |
| 641 | corporation and the department. Funds paid or appropriated to |
| 642 | the corporation by the state may be expended for any valid |
| 643 | purpose of the corporation as established in this section, |
| 644 | including, but not limited to, the formation and management of |
| 645 | the corporation, securing the services of experts and |
| 646 | consultants, conducting audits, developing engineering plans, |
| 647 | assisting in obtaining permits and approvals from governmental |
| 648 | agencies, and other actions that further the goals of the |
| 649 | corporation in creating plans and assisting in the development |
| 650 | of recreational opportunities on lands mined for phosphate in |
| 651 | the state. The corporation shall not be required to comply with |
| 652 | state competitive bidding requirements but shall adopt a policy |
| 653 | explaining how consultants to the corporation will be hired, |
| 654 | which policy shall seek the lowest reasonable cost for the |
| 655 | delivery of services without sacrificing quality while providing |
| 656 | for the special needs of the corporation and shall encourage |
| 657 | diversity in hiring and not discriminate against any person |
| 658 | because of race, age, gender, religion, or national origin. An |
| 659 | annual report of the activities of the corporation, including a |
| 660 | certified audit, shall be presented to the Secretary of |
| 661 | Environmental Protection or his or her designee by October 31 of |
| 662 | each year following incorporation. The audit shall set forth the |
| 663 | manner in which the corporate funds have been spent and an |
| 664 | inventory of all corporate physical assets. |
| 665 | (e) The corporation shall dissolve on January 1, 2009, |
| 666 | unless dissolved previously by action of its board of directors |
| 667 | or extended by the Legislature. Upon dissolution, any moneys |
| 668 | remaining in the accounts of the corporation that are |
| 669 | unobligated shall be returned to the funds from which they were |
| 670 | appropriated in proportion to the amount contributed. All |
| 671 | tangible assets of the corporation at dissolution which were |
| 672 | acquired using state funding shall become the property of the |
| 673 | Department of Environmental Protection. |
| 674 | Section 16. Subsection (5) of section 380.503, Florida |
| 675 | Statutes, is amended to read: |
| 676 | 380.503 Definitions.--As used in ss. 380.501-380.515, |
| 677 | unless the context indicates a different meaning or intent: |
| 678 | (5) "Nonprofit organization" means any private nonprofit |
| 679 | organization, existing under the provisions of s. 501(c)(3) of |
| 680 | the United States Internal Revenue Code, which has among its |
| 681 | principal goals the conservation of natural resources, the |
| 682 | establishment of public recreational trails, or the protection |
| 683 | of the environment. |
| 684 | Section 17. Subsections (2) and (4) of section 380.507, |
| 685 | Florida Statutes, are amended to read: |
| 686 | 380.507 Powers of the trust.--The trust shall have all the |
| 687 | powers necessary or convenient to carry out the purposes and |
| 688 | provisions of this part, including: |
| 689 | (2) To undertake, coordinate, or fund activities and |
| 690 | projects which will help bring local comprehensive plans into |
| 691 | compliance and help implement the goals, objectives, and |
| 692 | policies of the conservation, recreation and open space, and |
| 693 | coastal elements of local comprehensive plans, or which will |
| 694 | otherwise serve to conserve natural resources and resolve land |
| 695 | use 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 |
| 704 | or any interest therein when necessary or appropriate to protect |
| 705 | the natural environment, provide public access or public |
| 706 | recreational facilities, including the Florida National Scenic |
| 707 | Trail, preserve wildlife habitat areas, provide access for |
| 708 | managing acquired lands, or otherwise carry out the purposes of |
| 709 | this part. If the trust acquires land for permanent state |
| 710 | ownership, title to such land shall be vested in the Board of |
| 711 | Trustees of the Internal Improvement Trust Fund; otherwise, |
| 712 | title to property acquired in partnership with a county or |
| 713 | municipality shall vest in the name of the local government. |
| 714 | Notwithstanding any other provision of law, the trust may enter |
| 715 | into an option agreement to purchase lands included in projects |
| 716 | approved according to this part, when necessary to reserve lands |
| 717 | during the preparation of project plans and during acquisition |
| 718 | proceedings. The consideration for an option shall not exceed |
| 719 | $100,000. |
| 720 | Section 18. This act shall take effect upon becoming a |
| 721 | law. |