HB 1179CS

CHAMBER ACTION




1The Committee on Natural Resources recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to greenways and trails; renaming ch. 260,
7F.S., the "Florida Greenways and Trails Act"; amending s.
8260.011, F.S.; providing a popular name; amending s.
9260.012, F.S.; revising legislative intent; amending s.
10260.0125, F.S.; providing a limitation on liability of
11certain off-highway vehicle facilities; requiring written
12landowner authorization for public access to private
13lands; requiring the Department of Environmental
14Protection to provide certain notice; amending s. 260.013,
15F.S.; revising and providing definitions; amending s.
16260.0141, F.S.; removing a provision relating to
17acquisition of greenways and trails; amending s. 260.0142,
18F.S.; extending the terms of certain appointees to the
19Florida Greenways and Trails Council; including users of
20off-highway vehicles as eligible to be appointed as
21representatives of the trail user community on the
22council; revising duties of council members; amending s.
23260.015, F.S.; removing provisions for appraisal of
24certain property by the department; amending s. 260.016,
25F.S.; revising powers of the department with regard to
26access routes and evaluation of lands for acquisition;
27authorizing the Legislature to add to the Big Bend
28Historic Saltwater Paddling Trail; creating s. 335.067,
29F.S.; creating the Conserve by Bicycle Program within the
30Department of Transportation; providing purposes;
31requiring the department, in conjunction with specified
32organizations, to conduct a Conserve by Bicycle study;
33requiring the study to be submitted to the Governor, the
34Legislature, and the Secretaries of Transportation,
35Environmental Protection, and Health; amending s. 373.199,
36F.S.; providing for inclusion of the Florida National
37Scenic Trail in Florida Forever water management
38districts' recommended projects lists; amending s.
39378.036, F.S.; providing a definition for purposes of land
40acquisition; exempting Florida Mining-Recreation, Inc.,
41from the tax on sales, use, and other transactions;
42permitting certain funds to be paid directly to Florida
43Mining-Recreation, Inc.; providing for uses of the funds;
44exempting the corporation from competitive bidding
45requirements; clarifying audit and inventory requirements;
46amending s. 380.507, F.S.; revising provisions relating to
47the acquisition or disposal of certain property to provide
48public access to certain lands; providing an effective
49date.
50
51Be It Enacted by the Legislature of the State of Florida:
52
53     Section 1.  Chapter 260, Florida Statutes, entitled
54"Recreational Trails System," is renamed "Florida Greenways and
55Trails Act."
56     Section 2.  Section 260.011, Florida Statutes, is amended
57to read:
58     260.011  Popular name Short title.--Sections 260.011-
59260.018 shall be known by the popular name and may be cited as
60the "Florida Greenways and Trails Act."
61     Section 3.  Subsections (1), (2), and (6) of section
62260.012, Florida Statutes, are amended to read:
63     260.012  Declaration of policy and legislative intent.--
64     (1)  In order to recognize the benefits of the outdoor
65areas of Florida, and in order to conserve, develop, and use the
66natural resources of this state for healthful and recreational
67purposes, it is declared to be the public policy of this state
68and the purpose of ss. 260.011-260.018 to provide the means and
69procedures for establishing and expanding a statewide system of
70greenways and trails for recreational and conservation purposes
71and which shall be designated as the "Florida Greenways and
72Trails System." The standards by which the greenways and trails
73system shall be acquired, designated, administered, maintained,
74used, and expanded shall be consistent with the provisions of
75ss. 260.011-260.018. It is the intent of the Legislature that
76these greenways and trails will serve to implement the concepts
77of ecosystems management while providing, where appropriate,
78recreational opportunities, including, but not limited to,
79equestrian activities horseback riding, hiking, bicycling,
80canoeing, jogging, and historical and archaeological
81interpretation, thereby improving the health and welfare of the
82people.
83     (2)  It is the intent of the Legislature that a statewide
84system of greenways and trails be established to provide open
85space benefiting environmentally sensitive lands and wildlife
86and providing people with access to healthful outdoor
87activities. It is also the intent of the Legislature to acquire
88or designate lands and waterways to facilitate the establishment
89of a statewide system of greenways and trails; to encourage the
90multiple use of public rights-of-way and use to the fullest
91extent existing and future scenic roads, highways, park roads,
92parkways, greenways, trails, and national recreational trails;
93to encourage the development of greenways and trails by
94counties, cities, and special districts, and nongovernmental
95organizations and to assist in such development by any means
96available; to coordinate greenway and trail plans and
97development by local governments with one another and with the
98state government and Federal Government; to encourage, whenever
99possible, the development of greenways and trails on federal
100lands by the Federal Government; and to encourage the owners of
101private lands to protect the existing ecological, historical,
102and cultural values of their lands, including those values
103derived from working landscapes.
104     (6)  It is the intent of the Legislature to officially
105recognize the Florida National Scenic Trail as Florida's
106official statewide nonmotorized trail from the Florida Panhandle
107to the Everglades and the Florida Keys, an approximate length of
108more than 1,400 miles. The Legislature recognizes the major
109contributions made in furtherance of the establishment of the
110Florida National Scenic Trail by the United States Government,
111including significant funding, and the efforts of private
112landowners, state government, and not-for-profit entities such
113as the Florida Trail Association. The Legislature also
114recognizes the significant economic benefit of natural-resource-
115based recreation and the contributions to the state's economy
116that arise from the creation and completion of the trail. In
117order to further its commitment to the citizens of the state and
118the United States Government to complete the establishment of
119the trail in a permanent location, it is also the further intent
120of the Legislature to:
121     (a)  Encourage all state, regional, and local agencies who
122acquire lands to include in their land-buying efforts the
123acquisition of sufficient legal interest in the lands over which
124the trail passes to ensure its continued existence in a
125permanent location.
126     (b)  Officially recognize the route of the trail for
127establishment and acquisition purposes as determined by the
128U.S.D.A. Forest Service assisted by the Florida Trail
129Association in their publication entitled "Preferred Routing for
130the Florida National Scenic Trail."


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