HB 1141

1	A bill to be entitled
2	An act relating to greenways and trails; renaming ch. 260,
3	F.S., as "Florida Greenways and Trails"; amending s.
4	260.011, F.S.; providing a popular name; amending s.
5	260.012, F.S.; revising legislative intent with respect to
6	the development and completion of the Florida National
7	Scenic Trail; conforming cross references; amending s.
8	260.0125, F.S.; conforming cross references; requiring a
9	private landowner's written authorization to the
10	Department of Environmental Protection for public access
11	to private land that has been designated part of the
12	state's trail system; amending s. 260.013, F.S.; revising
13	and providing definitions; amending s. 260.0141, F.S.;
14	deleting provisions authorizing certain acquisitions;
15	amending s. 260.0142, F.S.; revising the powers and duties
16	of the Florida Greenways and Trails Council; extending the
17	terms of certain appointees; providing for reappointment
18	of appointees; amending eligibility requirements for
19	appointees of the trail user community to include users of
20	off-highway vehicles; amending s. 260.015, F.S.; removing
21	provisions for appraisal of certain property by the
22	department; conforming cross references; amending s.
23	260.016, F.S.; revising the general powers of the
24	department; conforming cross references; amending s.
25	260.018, F.S.; conforming a cross reference; creating s.
26	260.019, F.S.; establishing the Florida Circumnavigation
27	Saltwater Paddling Trail; providing for review,
28	adjustment, and redesignation of the trail segments by the
29	department; providing for a report to the Governor and
30	Legislature by a specified date providing the names and
31	locations of each trail segment pursuant to such review;
32	creating s. 335.067, F.S.; creating the Conserve by
33	Bicycle Program within the Department of Transportation;
34	providing purposes of the program; requiring the
35	department to conduct a Conserve by Bicycle study;
36	amending s. 373.199, F.S.; requiring water management
37	districts to include information about the Florida
38	National Scenic Trail in the Florida Forever Water
39	Management District Work Plan; amending s. 378.036, F.S.;
40	providing a definition; authorizing certain corporations
41	to designate certain replacement members on the board of
42	directors of Florida Mining-Recreation, Inc.; requiring
43	Florida Mining-Recreation, Inc., to submit a report to the
44	Department of Environmental Protection and conduct an
45	audit at the request of the Secretary of Environmental
46	Protection; amending s. 380.507, F.S.; revising the powers
47	of the Florida Communities Trust with respect to the
48	Florida National Scenic Trail; amending s. 110.501, F.S.;
49	conforming a cross reference; providing an effective date.
50
51	Be 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
55	Trails."
56	Section 2.  Section 260.011, Florida Statutes, is amended
57	to read:
58	260.011  Popular name Short title.--This chapter Sections
59	260.011-260.018 shall be known and may be cited as the "Florida
60	Greenways and Trails Act."
61	Section 3.  Subsections (1), (2), (5), and (6) of section
62	260.012, 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
65	areas of Florida, and in order to conserve, develop, and use the
66	natural resources of this state for healthful and recreational
67	purposes, it is declared to be the public policy of this state
68	and the purpose of this chapter ss. 260.011-260.018 to provide
69	the means and procedures for establishing and expanding a
70	statewide system of greenways and trails for recreational and
71	conservation purposes and which shall be designated as the
72	"Florida Greenways and Trails System." The standards by which
73	the greenways and trails system shall be acquired, designated,
74	administered, maintained, used, and expanded shall be consistent
75	with the provisions of this chapter ss. 260.011-260.018. It is
76	the intent of the Legislature that these greenways and trails
77	will serve to implement the concepts of ecosystems management
78	while providing, where appropriate, recreational opportunities,
79	including, but not limited to, equestrian activities horseback
80	riding, hiking, bicycling, canoeing, jogging, and historical and
81	archaeological interpretation, thereby improving the health and
82	welfare of the people.
83	(2)  It is the intent of the Legislature that a statewide
84	system of greenways and trails be established to provide open
85	space benefiting environmentally sensitive lands and wildlife
86	and providing people with access to healthful outdoor
87	activities. It is also the intent of the Legislature to acquire
88	or designate lands and waterways to facilitate the establishment
89	of a statewide system of greenways and trails; to encourage the
90	multiple use of public rights-of-way and use to the fullest
91	extent existing and future scenic roads, highways, park roads,
92	parkways, greenways, trails, and national recreational trails;
93	to encourage the development of greenways and trails by
94	counties, cities, and special districts, and nongovernmental
95	organizations to assist in such development by any means
96	available; to coordinate greenway and trail plans and
97	development by local governments with one another and with the
98	state government and Federal Government; to encourage, whenever
99	possible, the development of greenways and trails on federal
100	lands by the Federal Government; and to encourage the owners of
101	private lands to protect the existing ecological, historical,
102	and cultural values of their lands, including those values
103	derived from working landscapes.
104	(5)  The planning, development, operation, and maintenance
105	of the Florida Greenways and Trails System authorized by this
106	chapter ss. 260.011-260.018 is declared to be a public purpose,
107	and the Department of Environmental Protection, together with
108	other agencies of this state and all counties, municipalities,
109	and special districts of this state, is authorized to spend
110	public funds for such purposes and to accept gifts and grants of
111	funds, property, or property rights from public or private
112	sources to be used for such purposes.
113	(6)  It is the intent of the Legislature to officially
114	recognize the Florida National Scenic Trail as Florida's
115	official statewide nonmotorized trail from the Florida Panhandle
116	to the Everglades and the Florida Keys, an approximate length of
117	more than 1,400 miles. The Legislature recognizes the major
118	contributions made in furtherance of the establishment of the
119	Florida National Scenic Trail by the United States Government,
120	including significant funding, and the efforts of private
121	landowners, state government, and not-for-profit entities such
122	as the Florida Trail Association. The Legislature also
123	recognizes the significant economic benefit of nature-based
124	recreation and the contributions to the state's economy which
125	arise from the creation and completion of the trail. In order to
126	further its commitment to the residents of this state and the
127	United States Government to complete the establishment of the
128	trail in a permanent location, it is further the intent of the
129	Legislature to:
130	(a)  Encourage all state, regional, and local agencies
131	which acquire lands to include in their land-buying efforts the
132	acquisition of sufficient legal interest in the lands over which
133	the trail passes to ensure its continued existence in a
134	permanent location.
135	(b)  Officially recognize the route of the trail for
136	establishment and acquisition purposes as determined by the
137	U.S.D.A. Forest Service, assisted by the Florida Trail
138	Association, in the publication entitled "Preferred Routing for
139	the Florida National Scenic Trail."
140	(c)  With the assistance of the Florida Trail Association
141	and the Office of Greenways and Trails, encourage state land-
142	buying agencies to consider the trail a single project with
143	multiple phases for the purpose of listing and acquisition.
144	(d)  Give positive consideration to the inclusion of
145	private funds used to supplement the state's contribution in its
146	efforts to acquire fee or less-than-fee interests in lands that
147	contain designated portions of the trail.
148	(e)  Encourage private landowners to continue to allow the
149	use of private property for trail purposes through existing and
150	future incentives and liability protection.
151	(f)  Encourage state and local agencies with economic and
152	ecotourism development responsibilities to recognize the
153	importance of the trail in bringing nature-based tourism to
154	local communities along the trail route and to support
155	acquisition and development activities for completion of the
156	trail in a permanent location. It is also the intent of the
157	Legislature to encourage all state, regional, and local agencies
158	who acquire lands to include in their land-buying efforts the
159	acquisition of sufficient legal interest in the lands over which
160	the trail passes to ensure its continued existence in a
161	permanent location.
162	Section 4.  Subsections (1), (2), and (6) of section
163	260.0125, Florida Statutes, are amended, subsection (7) is
164	renumbered as subsection (8), and a new subsection (7) is added
165	to said section, to read:
166	260.0125  Limitation on liability of private landowners
167	whose property is designated as part of the statewide system of
168	greenways and trails.--
169	(1)(a)  A private landowner whose land is designated as
170	part of the statewide system of greenways and trails pursuant to
171	s. 260.016(2)(c)(d), including a person holding a subservient
172	interest, owes no duty of care to keep that land safe for entry
173	or use by others or to give warning to persons entering that
174	land of any hazardous conditions, structures, or activities
175	thereon. Such landowner shall not:
176	1.  Be presumed to extend any assurance that such land is
177	safe for any purpose;
178	2.  Incur any duty of care toward a person who goes on the
179	land; or
180	3.  Become liable or responsible for any injury to persons
181	or property caused by the act or omission of a person who goes
182	on the land.
183	(b)  The provisions of paragraph (a) apply whether the
184	person going on the designated greenway or trail is an invitee,
185	licensee, trespasser, or otherwise.
186	(2)  Any private landowner who consents to designation of
187	his or her land as part of the statewide system of greenways and
188	trails pursuant to s. 260.016(2)(c)(d) without compensation
189	shall be considered a volunteer, as defined in s. 110.501, and
190	shall be covered by state liability protection pursuant to s.
191	768.28, including s. 768.28(9).
192	(6)  If agreed to by the department and the landowner in
193	the designation agreement, a landowner whose land is designated
194	as part of the statewide system of greenways and trails pursuant
195	to s. 260.016(2)(c)(d) shall be indemnified for:
196	(a)  Any injury or damage incurred by a third party arising
197	out of the use of the designated greenway or trail;
198	(b)  Any injury or damage incurred by a third party on
199	lands adjacent to and accessed through the designated greenway
200	or trail; and
201	(c)  Any damage to the landowner's property, including land
202	adjacent to and accessed through the designated greenway or
203	trail, caused by the act or omission of a third person resulting
204	from any use of the land so designated.
205	(7)  When the department determines that public access is
206	appropriate for greenways and trails on private lands that are
207	the subject of a designation agreement, the department must
208	receive written authorization from the private landowner before
209	permitting public access to all or a specified part of the
210	property. Not later than 7 days before any public meeting, the
211	department must notify the private landowner by certified mail
212	of its intent to determine whether public access to private
213	property that is the subject of a designation agreement is
214	appropriate. The department's determination must be noticed
215	pursuant to s. 120.525.
216	Section 5.  Section 260.013, Florida Statutes, is amended
217	to read:
218	260.013  Definitions.--As used in this chapter ss. 260.011-
219	260.011-260.018, unless the context otherwise requires:
220	(1)  "Board" means the Board of Trustees of the Internal
221	Improvement Trust Fund.
222	(2)  "Department" means the Department of Environmental
223	Protection.
224	(3)  "Designation" means the identification and inclusion
225	of specific lands and waterways as part of the statewide system
226	of greenways and trails pursuant to a formal public process,
227	including the specific written consent of the landowner. When
228	the department determines that public access is appropriate for
229	greenways and trails, written authorization must be granted by
230	the landowner to the department permitting public access to all
231	or a specified part of the landowner's property. The
232	department's determination shall be noticed pursuant to s.
233	120.525, and the department shall also notify the landowner by
234	certified mail at least 7 days before any public meeting
235	regarding the intent to designate.
236	(4)  "Greenway" means a linear open space established along
237	either a natural corridor, such as a riverfront, stream valley,
238	or ridgeline, or over land along a railroad right-of-way
239	converted to recreational use, a canal, a scenic road, or other
240	route; any natural or landscaped course for pedestrian or
241	bicycle passage; an open space connector linking parks, nature
242	reserves, cultural features, or historic sites with each other
243	and populated areas; or a local strip or linear park designated
244	as a parkway or greenbelt.
245	(5)  "Office" means the Office of Greenways and Trails of
246	the Department of Environmental Protection.
247	(6)(5)  "Trails" means linear corridors and any adjacent
248	support parcels on land or water providing public access for
249	recreation or authorized alternative modes of transportation.
250	Section 6.  Section 260.0141, Florida Statutes, is amended
251	to read:
252	260.0141  Greenways and Trails Program.--There is
253	established within the department the "Florida Greenways and
254	Trails Program," the purpose of which is to facilitate the
255	establishment of a statewide system of greenways and trails.
256	Such greenways and trails shall be acquired pursuant to this
257	act. Planning materials, maps, data, and other information
258	developed or used in the program shall not be construed as
259	designation of lands as part of the statewide system of
260	greenways and trails. Identification of lands in such
261	information shall not:
262	(1)  Require or empower any unit of local or regional
263	government, or any state agency, to impose additional or more
264	restrictive environmental, land-use, or zoning regulations;
265	(2)  Be construed or cited as authority to adopt, enforce,
266	or amend any environmental rule or regulation; comprehensive
267	plan goals, policies, or objectives; or zoning or land-use
268	ordinance;
269	(3)  Be used as the basis for permit denial; imposition of
270	any permit condition; or application of any rule, regulation, or
271	ordinance by any subdivision of local, regional, or state
272	government; or
273	(4)  Be construed or cited as authority by any governmental
274	agency to reduce or restrict the rights of owners of lands so
275	identified.
276	Section 7.  Section 260.0142, Florida Statutes, is amended
277	to read:
278	260.0142  Florida Greenways and Trails Council;
279	composition; powers and duties.--
280	(1)  There is hereby created within the department of
281	Environmental Protection the Florida Greenways and Trails
282	Council which shall advise the department in the execution of
283	the department's powers and duties under this chapter. The
284	council shall be composed of 21 members, consisting of:
285	(a)  Five members appointed by the Governor, with two
286	members representing the trail user community, two members
287	representing the greenway user community, and one member
288	representing private landowners. Of the initial appointments,
289	two shall be appointed for 2-year terms and three shall be
290	appointed for 1-year terms. Subsequent appointments shall be for
291	2-year terms.
292	(b)  Three members appointed by the President of the
293	Senate, with one member representing the trail user community
294	and two members representing the greenway user community. Of the
295	initial appointments, two shall be appointed for 2-year terms
296	and one shall be appointed for a 1-year term. Subsequent
297	appointments shall be for 2-year terms.
298	(c)  Three members appointed by the Speaker of the House of
299	Representatives, with two members representing the trail user
300	community and one member representing the greenway user
301	community. Of the initial appointments, two shall be appointed
302	for 2-year terms and one shall be appointed for a 1-year term.
303	Subsequent appointments shall be for 2-year terms.
304
305	Those eligible to represent the trail user community shall be
306	chosen from, but not be limited to, paved trail users, hikers,
307	off-road bicyclists, users of off-highway vehicles, paddlers,
308	equestrians, disabled outdoor recreational users, and commercial
309	recreational interests. Those eligible to represent the greenway
310	user community shall be chosen from, but not be limited to,
311	conservation organizations, nature study organizations, and
312	scientists and university experts.
313	(d)  The 10 remaining members shall include:
314	1.  The Secretary of Environmental Protection or a
315	designee.;
316	2.  The executive director of the Fish and Wildlife
317	Conservation Commission or a designee.;
318	3.  The Secretary of Community Affairs or a designee.;
319	4.  The Secretary of Transportation or a designee.;
320	5.  The Director of the Division of Forestry of the
321	Department of Agriculture and Consumer Services or a designee.;
322	6.  The director of the Division of Historical Resources of
323	the Department of State or a designee.;
324	7.  A representative of the water management districts who
325	shall serve for 1 year. Membership on the council shall rotate
326	among the five districts. The districts shall determine the
327	order of rotation.;
328	8.  A representative of a federal land management agency.
329	The Secretary of Environmental Protection shall identify the
330	appropriate federal agency and request designation of a
331	representative from the agency to serve on the council.;
332	9.  A representative of the regional planning councils to
333	be appointed by the Secretary of Environmental Protection, in
334	consultation with the Secretary of Community Affairs. Membership
335	on the council shall rotate among the seven regional planning
336	councils. The regional planning councils shall determine the
337	order of rotation., for a single 2-year term. The representative
338	shall not be selected from the same regional planning council
339	for successive terms; and
340	10.  A representative of local governments to be appointed
341	by the Secretary of Environmental Protection, in consultation
342	with the Secretary of Community Affairs, for a single 2-year
343	term. Membership shall alternate between a county representative
344	and a municipal representative.
345	(2)  The department shall provide necessary staff
346	assistance to the council.
347	(3)  The term of all appointees shall be for 2 years unless
348	otherwise specified. The appointees of the Governor, the
349	President of the Senate, and the Speaker of the House of
350	Representatives may be reappointed for no more than four
351	consecutive terms. The representatives of the water management
352	districts, regional planning councils, and local governments may
353	be reappointed for no more than two consecutive terms. All other
354	appointees shall serve until replaced. The council is authorized
355	to contract for and to accept gifts, grants, or other aid from
356	the United States Government or any person or corporation.
357	(4)  The duties of the council shall include, but not be
358	limited to, the following:
359	(a)  Advise the Department of Environmental Protection, the
360	Department of Community Affairs, the Department of
361	Transportation, the Fish and Wildlife Conservation Commission,
362	the Division of Forestry of the Department of Agriculture and
363	Consumer Services, the water management districts, and the
364	regional planning councils on policies relating to the Florida
365	Greenways and Trails System, and promote intergovernmental
366	cooperation;
367	(a)(b)  Facilitate a statewide system of interconnected
368	landscape linkages, conservation corridors, greenbelts,
369	recreational corridors and trails, scenic corridors, utilitarian
370	corridors, reserves, regional parks and preserves, ecological
371	sites, and cultural/historic/recreational sites using;
372	(c)  Facilitate a statewide system of interconnected land-
373	based trails that connect urban, suburban, and rural areas of
374	the state and facilitate expansion of the statewide system of
375	freshwater and saltwater paddling trails.;
376	(b)(d)  Recommend priorities for critical links in the
377	Florida Greenways and Trails System.;
378	(c)(e)  Review recommendations of the office applications
379	for acquisition funding under the Florida Greenways and Trails
380	Program and recommend to the Secretary of Environmental
381	Protection which projects should be acquired.;
382	(f)  Provide funding recommendations to agencies and
383	organizations regarding the acquisition, development, and
384	management of greenways and trails, including the promotion of
385	private landowner incentives;
386	(d)(g)  Review designation proposals for inclusion in the
387	Florida Greenways and Trails System.;
388	(h)  Provide advocacy and education to benefit the
389	statewide system of greenways and trails by encouraging
390	communication and conferencing;
391	(e)(i)  Encourage public-private partnerships to develop
392	and manage greenways and trails.;
393	(f)(j)  Review progress toward meeting established
394	benchmarks and recommend appropriate action.;
395	(g)(k)  Make recommendations for updating and revising the
396	implementation plan for the Florida Greenways and Trails
397	System.;
398	(l)  Advise the Land Acquisition and Management Advisory
399	Council or its successor to ensure the incorporation of
400	greenways and trails in land management plans on lands managed
401	by the Department of Environmental Protection, the Fish and
402	Wildlife Conservation Commission, the Division of Historical
403	Resources of the Department of State, and the Division of
404	Forestry of the Department of Agriculture and Consumer Services;
405	(m)  Provide advice and assistance to the Department of
406	Transportation and the water management districts regarding the
407	incorporation of greenways and trails into their planning
408	efforts;
409	(n)  Encourage land use, environmental, and coordinated
410	linear infrastructure planning to facilitate the implementation
411	of local, regional, and statewide greenways and trails systems;
412	(h)(o)  Promote greenways and trails support
413	organizations.; and
414	(i)(p)  Support the Florida Greenways and Trails System
415	through intergovernmental coordination, budget recommendations,
416	advocacy, education, and in any other appropriate way.
417	(5)  The council shall establish procedures for conducting
418	its affairs in execution of the duties and responsibilities
419	stated in this section, which operating procedures shall include
420	determination of a council chair and other appropriate
421	operational guidelines. The council shall meet at the call of
422	the chair, or at such times as may be prescribed by its
423	operating procedures. The council may establish committees to
424	conduct the work of the council and the committees may include
425	nonmembers as appropriate.
426	(6)  A vacancy on the council shall be filled for the
427	remainder of the unexpired term in the same manner as the
428	original appointment. Members whose terms have expired may
429	continue to serve until replaced or reappointed. No member shall
430	serve on the council for more than two consecutive terms.
431	(7)  Members of the council may shall not receive any
432	compensation for their services but are shall be entitled to
433	receive reimbursement for per diem and travel expenses incurred
434	in the performance of their duties, as provided in s. 112.061.
435	Section 8.  Subsections (1) and (3) of section 260.015,
436	Florida Statutes, are amended to read:
437	260.015  Acquisition of land.--
438	(1)  The department is authorized to acquire by gift or
439	purchase the fee simple absolute title or any lesser interest in
440	land, including easements, for the purposes of this chapter ss.
441	260.011-260.018 pursuant to the provisions of chapter 375,
442	except that:
443	(a)  The department's power of eminent domain shall be
444	limited to curing defects in title accepted by the board
445	pursuant to subsection (2).
446	(b)  Lists of proposed acquisitions for the Florida
447	Greenways and Trails Program shall be prepared according to
448	procedures adopted by the department.
449	(c)  Projects acquired under this chapter shall not be
450	subject to the evaluation and selection procedures of s.
451	259.035, regardless of the estimated value of such projects. All
452	projects shall be acquired in accordance with the acquisition
453	procedures of chapter 259, except that the department may use
454	the appraisal procedure used by the Department of Transportation
455	to acquire transportation rights-of-way. When a parcel is
456	estimated to be valued at $100,000 or less and the department
457	finds that the costs of obtaining an outside appraisal are not
458	justified, an appraisal prepared by the department may be used.
459	(3)  Easements, licenses, and use agreements upon, over,
460	under, across, or along any land, the fee title of which has
461	been acquired for the purposes of this chapter ss. 260.011-
462	260.018, may be granted by the department so long as the use of
463	the easement, license, or use agreement does not interfere with
464	the purposes of this chapter ss. 260.011-260.018.
465	Section 9.  Subsection (1) and paragraph (a) of subsection
466	(2) of section 260.016, Florida Statutes, are amended to read:
467	260.016  General powers of the department.--
468	(1)  The department may:
469	(a)  Publish and distribute appropriate maps of designated
470	greenways and trails. The description shall include a
471	generalized map delineating the area designated, location of
472	suitable ingress and egress sites, as well as other points of
473	interest to enhance the recreational opportunities of the
474	public.
475	(b)  Establish access routes and related public-use
476	facilities along greenways and trails which will not
477	substantially interfere with the nature and purposes of the
478	greenway or trail.
479	(b)(c)  Adopt appropriate rules to implement or interpret
480	this chapter act and portions of chapter 253 relating to
481	greenways and trails, which may include, but are not limited to,
482	rules for the following:
483	1.  Establishing a designation process.
484	2.  Negotiating and executing agreements with private
485	landowners.
486	3.  Establishing prohibited activities or restrictions on
487	activities to protect the health, safety, and welfare of the
488	public.
489	4.  Charging fees for use.
490	5.  Providing public access.
491	6.  Providing for maintenance.
492	7.  Any matter necessary to the evaluation, selection,
493	operation, and maintenance of greenways and trails.
494
495	Any person who violates or otherwise fails to comply with the
496	rules adopted pursuant to subparagraph 3. commits a noncriminal
497	infraction for which a fine of up to $500 may be imposed.
498	(c)(d)  Coordinate the activities of all governmental units
499	and bodies and special districts that desire to participate in
500	the development and implementation of the Florida Greenways and
501	Trails System.
502	(d)(e)  Establish, develop, and publicize greenways and
503	trails in a manner that will permit public recreation when
504	appropriate without damaging natural resources. The Big Bend
505	Historic Saltwater Paddling Trail from the St. Marks River to
506	Yankeetown is hereby designated as part of the Florida Greenways
507	and Trails System. Additions to this trail may be added by the
508	department from time to time as part of a statewide saltwater
509	circumnavigation trail.
510	(e)(f)  Enter into agreements with any federal, state, or
511	local governmental agency, or any other entity for the
512	management of greenways and trails for recreation and
513	conservation purposes consistent with the intent of this
514	chapter. Such entities must demonstrate their capabilities of
515	management for the purposes defined in this chapter ss. 260.011-
516	260.018.
517	(f)(g)  Charge reasonable fees or rentals for the use or
518	operation of facilities and concessions. All such fees, rentals,
519	or other charges collected shall be deposited in the account or
520	trust fund of the managing entity.
521	(g)(h)  Receive or accept from any legal source, grants for
522	the purpose of providing or improving public greenways and
523	trails, and the department is authorized to disburse funds as
524	pass-through grants to federal, state, or local government
525	agencies, recognized tribal units, or to nonprofit entities
526	created for this purpose. The department has authority to adopt
527	rules pursuant to ss. 120.536(1) and 120.54 to implement the
528	provisions of this subsection. Such rules shall provide, but are
529	not limited to, the following: procedures for grant
530	administration and accountability; eligibility, selection
531	criteria; maximum grant amounts and number of pending grants;
532	dedication requirements; and conversion procedures and
533	requirements.
534	(2)  The department shall:
535	(a)  Evaluate lands for the acquisition of greenways and
536	trails and compile a list of suitable corridors, greenways, and
537	trails, ranking them in order of priority for proposed
538	acquisition. The department shall devise a method of evaluation
539	which includes, but is not limited to, the consideration of the
540	importance and function of such corridors within the statewide
541	system as reflected on the opportunity maps and landowners'
542	willingness to negotiate.
543	Section 10.  Section 260.018, Florida Statutes, is amended
544	to read:
545	260.018  Agency recognition.--All agencies of the state,
546	regional planning councils through their comprehensive plans,
547	and local governments through their local comprehensive planning
548	process pursuant to chapter 163 shall recognize the special
549	character of publicly owned lands and waters designated by the
550	state as greenways and trails and shall not take any action
551	which will impair their use as designated. Identification of
552	lands or waterways in planning materials, maps, data, and other
553	information developed or used in the greenways and trails
554	program shall not be cause for such lands or waterways to be
555	subject to this section, unless such lands or waterways have
556	been designated as a part of the statewide system of greenways
557	and trails pursuant to s. 260.016(2)(c)(d).
558	Section 11.  Section 260.019, Florida Statutes, is created
559	to read:
560	260.019  Florida Circumnavigation Saltwater Paddling
561	Trail.--
562	(1)  The Florida Circumnavigation Saltwater Paddling Trail
563	is hereby created as part of the Florida Greenways and Trails
564	Program.
565	(2)  The department shall establish the initial starting
566	and ending points by latitude and longitude for the trail
567	segments described in subsection (3) within 180 days after the
568	effective date of this act. Except for the Big Bend Saltwater
569	Paddling Trail, segment 6, the department has the exclusive
570	authority to officially name and locate the remaining 25 trail
571	segments. The department shall name and locate the segments
572	based on logical geographical boundaries, safety to trail users,
573	ease of management, desires of local communities and user
574	groups, and other factors that assist in the overall success of
575	the trail system. The department may adjust the location of any
576	trail segment; give official recognition to specific sites along
577	the trail route; publish official trail guides and literature in
578	cooperation with other governmental and private entities; and
579	resolve conflicts that may arise between competing and
580	conflicting parties over trail issues. The Florida Greenways and
581	Trails Council may advise the department on all matters relating
582	to the paddling trail. By January 1, 2008, the department shall
583	prepare, and provide to the Governor, the President of the
584	Senate, and the Speaker of the House of Representatives, a
585	report setting forth the names and locations adopted for each
586	trail segment.
587	(3)  The Florida Circumnavigation Saltwater Paddling Trail
588	shall be composed of 26 segments that start at the Florida-
589	Alabama border on the west and end at the Florida-Georgia border
590	on the east. The general geographic locations of the segments
591	are:
592	(a)  Segment 1: Pensacola/Fort Pickens.
593	(b)  Segment 2: Choctawhatchee Bay.
594	(c)  Segment 3: Panama City Beach/St. Andrews Bay.
595	(d)  Segment 4: St. Joseph Bay/Apalachicola Bay.
596	(e)  Segment 5: Alligator Harbor/Ochlockonee Bay.
597	(f)  Segment 6: Big Bend Saltwater Paddling Trail.
598	(g)  Segment 7: Crystal Bay/St. Martin's.
599	(h)  Segment 8: Pinellas.
600	(i)  Segment 9: Tampa Bay/Longboat Key.
601	(j)  Segment 10: Sarasota/Venice.
602	(k)  Segment 11: Charlotte Harbor.
603	(l)  Segment 12: Sanibel/Estero Bay.
604	(m)  Segment 13: Rookery Bay/Ten Thousand Islands.
605	(n)  Segment 14: Everglades National Park.
606	(o)  Segment 15: Florida Keys.
607	(p)  Segment 16: Biscayne Bay.
608	(q)  Segment 17: Hollywood/Ft. Lauderdale.
609	(r)  Segment 18: Pompano Beach/Lake Worth.
610	(s)  Segment 19: Palm Beach/Loxahatchee.
611	(t)  Segment 20: Hobe Sound/Ft. Pierce.
612	(u)  Segment 21: Vero Beach/Indian River Saltwater.
613	(v)  Segment 22: Merritt Island/Mosquito Lagoon.
614	(w)  Segment 23: Tomoka/Flagler.
615	(x)  Segment 24: Anastasia/Guana River.
616	(y)  Segment 25: Jacksonville/St. Johns River.
617	(z)  Segment 26: Nassau/Fort Clinch.
618	Section 12.  Section 335.067, Florida Statutes, is created
619	to read:
620	335.067  Conserve by Bicycle Program.--There is created
621	within the Department of Transportation the Conserve by Bicycle
622	Program.
623	(1)  The purposes of the Conserve by Bicycle Program are
624	to:
625	(a)  Save energy by increasing the number of miles ridden
626	on bicycles, thereby reducing the usage of petroleum-based
627	fuels.
628	(b)  Increase efficiency of cycling as a transportation
629	mode by improving interconnectivity.
630	(c)  Reduce traffic congestion on existing roads.
631	(d)  Provide recreational opportunities for Florida
632	residents and visitors.
633	(e)  Provide healthy alternatives to help reduce the trend
634	toward obesity and reduce long-term health costs.
635	(f)  Provide safe ways for children to travel from their
636	homes to their schools by supporting the Safe Paths to Schools
637	Program.
638	(2)  In order to help accomplish these goals, the
639	department shall conduct a Conserve by Bicycle study, which
640	shall include a determination of the following:
641	(a)  Where energy savings can be realized when more and
642	safer bicycle facilities, such as bicycle paths, bicycle lanes,
643	and other safe locations for bicycle use, are created which
644	reduce the use of motor vehicles in the area.
645	(b)  Where the use of education and marketing programs can
646	convert motor vehicle trips into bicycle trips.
647	(c)  How and under what circumstances the construction of
648	bicycling facilities can provide more opportunities for
649	recreation and how exercise can lead to a reduction of health
650	risks associated with a sedentary lifestyle.
651	(d)  How the Safe Paths to Schools Program and other
652	similar programs can reduce school-related commuter traffic,
653	which will result in energy and roadway savings as well as
654	improve the health of children throughout the state.
655	(e)  How partnerships can be created among interested
656	parties in the fields of transportation, law enforcement,
657	education, public health, environmental restoration and
658	conservation, and energy conservation to achieve a better
659	possibility of success for the program.
660	(3)  The study shall produce measurable criteria that can
661	be used by the department to determine where and under what
662	circumstances the construction of bicycling facilities will
663	reduce energy consumption and the need for and cost of roadway
664	capacity, as well as realizing the associated health benefits.
665	(4)  The department shall conduct the study with the
666	assistance of the State Pedestrian/Bicycle Coordinator,
667	metropolitan planning organizations, the Office of Greenways and
668	Trails of the Department of Environmental Protection, and the
669	Department of Health.
670	(5)  By July 1, 2006, if sufficient funds are available in
671	the department's budget or from the Federal Government, the
672	study shall be completed and shall be submitted to the Governor,
673	the President of the Senate, the Speaker of the House of
674	Representatives, the Secretary of Transportation, the Secretary
675	of Environmental Protection, and the Secretary of Health.
676	Section 13.  Paragraph (k) of subsection (4) of section
677	373.199, Florida Statutes, is amended to read:
678	373.199  Florida Forever Water Management District Work
679	Plan.--
680	(4)  The list submitted by the districts shall include,
681	where applicable, the following information for each project:
682	(k)  An identification of the proposed public access for
683	projects with land acquisition components, including the Florida
684	National Scenic Trail.
685	Section 14.  Subsection (6) of section 378.036, Florida
686	Statutes, is amended to read:
687	378.036  Land acquisitions financed by Nonmandatory Land
688	Reclamation Trust Fund moneys.--
689	(6)(a)  By January 1, 2004, or within 6 months following
690	the date funds become available from the Legislature, whichever
691	is later, The Florida Wildlife Federation, Audubon Florida, and
692	Rails-to-Trails Conservancy in partnership with the Florida
693	Phosphate Council are authorized to form a nonprofit
694	corporation, Florida Mining-Recreation, Inc., pursuant to
695	chapter 617 for the purpose of implementing this section by
696	creating plans and assisting in the development of public
697	recreational opportunities on lands mined for phosphate in the
698	state. The term "lands mined for phosphate" includes those lands
699	adjacent to and connecting mined lands within a county or across
700	adjacent county boundaries. The first plans must concentrate on
701	recreational activities in Hardee and Hamilton Counties which
702	will assist them in rural economic development.
703	(b)  The board of directors of the corporation shall be
704	composed of three members, one designated by the Florida
705	Phosphate Council, one as the designee of the Florida Wildlife
706	Federation, Audubon Florida, and Rails-to-Trails Conservancy,
707	and the third chosen by the other two designees. Should the
708	designee from the Florida Phosphate Council resign, or be unable
709	to serve for any reason, the corporations that actively mine
710	phosphate in the state shall designate a replacement by
711	unanimous agreement.
712	(c)  The business of the corporation shall be conducted by
713	the board of directors or a chief executive officer as the board
714	shall see fit in accordance with the provisions of its articles
715	of incorporation and applicable law. The activities of the
716	corporation shall be coordinated with all landowners who have
717	voluntarily agreed to participate in the process as well as any
718	local government where such lands are recorded.
719	(d)  The corporation shall comply with the provisions of
720	s. 215.97 relating to audits and submit a report of its
721	activities to the department on an annual or more frequent basis
722	as requested by the Secretary of Environmental Protection. At
723	the request of the secretary, the corporation will conduct, or
724	permit the department to conduct, an audit of all public funds
725	it has spent during a period of time specified by the
726	department. An annual report of the activities of the
727	corporation, including a certified audit, shall be presented to
728	the Secretary of Environmental Protection or his or her designee
729	by October 31 of each year following incorporation.
730	(e)  The corporation shall dissolve on January 1, 2009,
731	unless dissolved previously by action of its board of directors
732	or extended by the Legislature. Upon dissolution, any moneys
733	remaining in the accounts of the corporation that are
734	unobligated shall be returned to the funds from which they were
735	appropriated in proportion to the amount contributed. All
736	tangible assets of the corporation at dissolution which were
737	acquired using state funding shall become the property of the
738	Department of Environmental Protection.
739	Section 15.  Subsection (4) of section 380.507, Florida
740	Statutes, is amended to read:
741	380.507  Powers of the trust.--The trust shall have all the
742	powers necessary or convenient to carry out the purposes and
743	provisions of this part, including:
744	(4)  To acquire and dispose of real and personal property
745	or any interest therein when necessary or appropriate to protect
746	the natural environment, provide public access or public
747	recreational facilities, including the Florida National Scenic
748	Trail, preserve wildlife habitat areas, provide access for
749	managing acquired lands, or otherwise carry out the purposes of
750	this part. If the trust acquires land for permanent state
751	ownership, title to such land shall be vested in the Board of
752	Trustees of the Internal Improvement Trust Fund; otherwise,
753	title to property acquired in partnership with a county or
754	municipality shall vest in the name of the local government.
755	Notwithstanding any other provision of law, the trust may enter
756	into an option agreement to purchase lands included in projects
757	approved according to this part, when necessary to reserve lands
758	during the preparation of project plans and during acquisition
759	proceedings. The consideration for an option shall not exceed
760	$100,000.
761	Section 16.  Subsection (1) of section 110.501, Florida
762	Statutes, is amended to read:
763	110.501  Definitions.--As used in this act:
764	(1)  "Volunteer" means any person who, of his or her own
765	free will, provides goods or services, or conveys an interest in
766	or otherwise consents to the use of real property pursuant to
767	chapter 260 ss. 260.011-260.018, to any state department or
768	agency, or nonprofit organization, with no monetary or material
769	compensation. A person registered and serving in Older American
770	Volunteer Programs authorized by the Domestic Volunteer Service
771	Act of 1973, as amended (Pub. L. No. 93-113), shall also be
772	defined as a volunteer and shall incur no civil liability as
773	provided by s. 768.1355. A volunteer shall be eligible for
774	payment of volunteer benefits as specified in Pub. L. No. 93-
775	113, this section, and s. 430.204.
776	Section 17.  This act shall take effect upon becoming a
777	law.

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