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. |