HB 1141

1	A bill to be entitled
2	An act relating to greenways and trails; renaming ch. 260,
3	F.S., as the "Florida Greenways and Trails Act"; amending
4	s. 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	260.013, F.S.; revising and providing definitions;
9	amending s. 260.0141, F.S.; removing provisions
10	authorizing certain acquisitions; amending s. 260.0142,
11	F.S.; revising the powers and duties of the Florida
12	Greenways and Trails Council; extending the terms of
13	certain appointees; providing for reappointment of
14	appointees; revising eligibility requirements for
15	appointees of the trail user community to include users of
16	off-highway vehicles; amending s. 260.015, F.S.; removing
17	provisions for the appraisal of certain property by the
18	Department of Environmental Protection; conforming cross
19	references; amending s. 260.016, F.S.; revising the
20	general powers of the department; revising provisions
21	relating to rules for public access to greenways and
22	trails; conforming cross references; creating s. 260.019,
23	F.S.; establishing the Florida Circumnavigation Saltwater
24	Paddling Trail; providing for review, adjustment, and
25	redesignation of the trail segments by the department;
26	requiring the department to prepare and submit a report to
27	the Governor and Legislature by a specified date pursuant
28	to such review; creating s. 260.021, F.S.; providing for a
29	partnership between various organizations and mining
30	interests to develop recreational opportunities on mined
31	lands; creating s. 335.067, F.S.; creating the Conserve by
32	Bicycle Program within the Department of Transportation,
33	providing purposes of the program, and requiring such
34	department to conduct a Conserve by Bicycle study;
35	amending s. 373.199, F.S.; requiring water management
36	districts to include information about the Florida
37	National Scenic Trail in the Florida Forever Water
38	Management District Work Plan; amending s. 378.036, F.S.;
39	removing provisions relating to recreational opportunities
40	on mined lands; amending s. 380.507, F.S.; revising the
41	powers of the Florida Communities Trust with respect to
42	the Florida National Scenic Trail; amending s. 110.501,
43	F.S.; conforming a cross reference; providing an effective
44	date.
45
46	Be It Enacted by the Legislature of the State of Florida:
47
48	Section 1.  Chapter 260, Florida Statutes, entitled
49	"Recreational Trails System," is renamed the "Florida Greenways
50	and Trails Act."
51	Section 2.  Section 260.011, Florida Statutes, is amended
52	to read:
53	260.011  Popular name Short title.--This chapter Sections
54	260.011-260.018 shall be known and may be cited as the "Florida
55	Greenways and Trails Act."
56	Section 3.  Subsections (1), (2), (5), and (6) of section
57	260.012, Florida Statutes, are amended to read:
58	260.012  Declaration of policy and legislative intent.--
59	(1)  In order to recognize the benefits of the outdoor
60	areas of Florida, and in order to conserve, develop, and use the
61	natural resources of this state for healthful and recreational
62	purposes, it is declared to be the public policy of this state
63	and the purpose of this chapter ss. 260.011-260.018 to provide
64	the means and procedures for establishing and expanding a
65	statewide system of greenways and trails for recreational and
66	conservation purposes and which shall be designated as the
67	"Florida Greenways and Trails System." The standards by which
68	the greenways and trails system shall be acquired, designated,
69	administered, maintained, used, and expanded shall be consistent
70	with the provisions of this chapter ss. 260.011-260.018. It is
71	the intent of the Legislature that these greenways and trails
72	will serve to implement the concepts of ecosystems management
73	while providing, where appropriate, recreational opportunities,
74	including, but not limited to, equestrian activities horseback
75	riding, hiking, bicycling, canoeing, jogging, and historical and
76	archaeological interpretation, thereby improving the health and
77	welfare of the people.
78	(2)  It is the intent of the Legislature that a statewide
79	system of greenways and trails be established to provide open
80	space benefiting environmentally sensitive lands and wildlife
81	and providing people with access to healthful outdoor
82	activities. It is also the intent of the Legislature to acquire
83	or designate lands and waterways to facilitate the establishment
84	of a statewide system of greenways and trails; to encourage the
85	multiple use of public rights-of-way and use to the fullest
86	extent existing and future scenic roads, highways, park roads,
87	parkways, greenways, trails, and national recreational trails;
88	to encourage the development of greenways and trails by
89	counties, cities, and special districts, and nongovernmental
90	organizations to assist in such development by any means
91	available; to coordinate greenway and trail plans and
92	development by local governments with one another and with the
93	state government and Federal Government; to encourage, whenever
94	possible, the development of greenways and trails on federal
95	lands by the Federal Government; and to encourage the owners of
96	private lands to protect the existing ecological, historical,
97	and cultural values of their lands, including those values
98	derived from working landscapes.
99	(5)  The planning, development, operation, and maintenance
100	of the Florida Greenways and Trails System authorized by this
101	chapter ss. 260.011-260.018 is declared to be a public purpose,
102	and the Department of Environmental Protection, together with
103	other agencies of this state and all counties, municipalities,
104	and special districts of this state, is authorized to spend
105	public funds for such purposes and to accept gifts and grants of
106	funds, property, or property rights from public or private
107	sources to be used for such purposes.
108	(6)  It is the intent of the Legislature to officially
109	recognize the Florida National Scenic Trail as Florida's
110	official statewide nonmotorized trail from the Florida Panhandle
111	to the Everglades and the Florida Keys, an approximate length of
112	more than 1,400 miles. The Legislature recognizes the major
113	contributions made in furtherance of the establishment of the
114	Florida National Scenic Trail by the United States Government,
115	including significant funding, and the efforts of private
116	landowners, state government, and not-for-profit entities such
117	as the Florida Trail Association. The Legislature also
118	recognizes the significant economic benefit of nature-based
119	recreation and the contributions to the state's economy that
120	arise from the creation and completion of the trail. In order to
121	further its commitment to the residents of this state and the
122	United States Government to complete the establishment of the
123	trail in a permanent location, it is further also the intent of
124	the Legislature to:
125	(a)  Encourage all state, regional, and local agencies that
126	who acquire lands to include in their land-buying efforts the
127	acquisition of sufficient legal interest in the lands over which
128	the trail passes to ensure its continued existence in a
129	permanent location.
130	(b)  Officially recognize the route of the trail for
131	establishment and acquisition purposes as determined by the
132	U.S.D.A. Forest Service, assisted by the Florida Trail
133	Association, in the publication entitled "Preferred Routing for
134	the Florida National Scenic Trail."
135	(c)  With the assistance of the Florida Trail Association
136	and the Office of Greenways and Trails, encourage state land-
137	buying agencies to consider the trail a single project with
138	multiple phases for the purpose of listing and acquisition.
139	(d)  Give positive consideration to the inclusion of
140	private funds used to supplement the state's contribution in its
141	efforts to acquire fee or less-than-fee interests in lands that
142	contain designated portions of the trail.
143	(e)  Encourage private landowners to continue to allow the
144	use of private property for trail purposes through existing and
145	future incentives and liability protection.
146	(f)  Encourage state and local agencies with economic and
147	ecotourism development responsibilities to recognize the
148	importance of the trail in bringing nature-based tourism to
149	local communities along the trail route and to support
150	acquisition and development activities for completion of the
151	trail in a permanent location.
152	Section 4.  Section 260.013, Florida Statutes, is amended
153	to read:
154	260.013  Definitions.--As used in this chapter ss. 260.011-
155	260.011-260.018, unless the context otherwise requires:
156	(1)  "Board" means the Board of Trustees of the Internal
157	Improvement Trust Fund.
158	(2)  "Department" means the Department of Environmental
159	Protection.
160	(3)  "Designation" means the identification and inclusion
161	of specific lands and waterways as part of the statewide system
162	of greenways and trails pursuant to a formal public process,
163	including the specific written consent of the landowner. When
164	the department determines that public access is appropriate for
165	greenways and trails, written authorization must be granted by
166	the landowner to the department permitting public access to all
167	or a specified part of the landowner's property. The
168	department's determination shall be noticed pursuant to s.
169	120.525, and the department shall also notify the landowner by
170	certified mail at least 7 days before any public meeting
171	regarding the intent to designate.
172	(4)  "Greenway" means a linear open space established along
173	either a natural corridor, such as a riverfront, stream valley,
174	or ridgeline, or over land along a railroad right-of-way
175	converted to recreational use, a canal, a scenic road, or other
176	route; any natural or landscaped course for pedestrian or
177	bicycle passage; an open space connector linking parks, nature
178	reserves, cultural features, or historic sites with each other
179	and populated areas; or a local strip or linear park designated
180	as a parkway or greenbelt.
181	(5)  "Office" means the Office of Greenways and Trails
182	within the Department of Environmental Protection.
183	(6)(5)  "Trails" means linear corridors and any adjacent
184	support parcels on land or water providing public access for
185	recreation or authorized alternative modes of transportation.
186	Section 5.  Section 260.0141, Florida Statutes, is amended
187	to read:
188	260.0141  Greenways and Trails Program.--There is
189	established within the department the "Florida Greenways and
190	Trails Program," the purpose of which is to facilitate the
191	establishment of a statewide system of greenways and trails.
192	Such greenways and trails shall be acquired pursuant to this
193	act. Planning materials, maps, data, and other information
194	developed or used in the program shall not be construed as
195	designation of lands as part of the statewide system of
196	greenways and trails. Identification of lands in such
197	information shall not:
198	(1)  Require or empower any unit of local or regional
199	government, or any state agency, to impose additional or more
200	restrictive environmental, land-use, or zoning regulations;
201	(2)  Be construed or cited as authority to adopt, enforce,
202	or amend any environmental rule or regulation; comprehensive
203	plan goals, policies, or objectives; or zoning or land-use
204	ordinance;
205	(3)  Be used as the basis for permit denial; imposition of
206	any permit condition; or application of any rule, regulation, or
207	ordinance by any subdivision of local, regional, or state
208	government; or
209	(4)  Be construed or cited as authority by any governmental
210	agency to reduce or restrict the rights of owners of lands so
211	identified.
212	Section 6.  Section 260.0142, Florida Statutes, is amended
213	to read:
214	260.0142  Florida Greenways and Trails Council;
215	composition; powers and duties.--
216	(1)  There is hereby created within the department of
217	Environmental Protection the Florida Greenways and Trails
218	Council which shall advise the department in the execution of
219	the department's powers and duties under this chapter. The
220	council shall be composed of 21 members, consisting of:
221	(a)  Five members appointed by the Governor, with two
222	members representing the trail user community, two members
223	representing the greenway user community, and one member
224	representing private landowners. Of the initial appointments,
225	two shall be appointed for 2-year terms and three shall be
226	appointed for 1-year terms. Subsequent appointments shall be for
227	2-year terms.
228	(b)  Three members appointed by the President of the
229	Senate, with one member representing the trail user community
230	and two members representing the greenway user community. Of the
231	initial appointments, two shall be appointed for 2-year terms
232	and one shall be appointed for a 1-year term. Subsequent
233	appointments shall be for 2-year terms.
234	(c)  Three members appointed by the Speaker of the House of
235	Representatives, with two members representing the trail user
236	community and one member representing the greenway user
237	community. Of the initial appointments, two shall be appointed
238	for 2-year terms and one shall be appointed for a 1-year term.
239	Subsequent appointments shall be for 2-year terms.
240
241	Those eligible to represent the trail user community shall be
242	chosen from, but not be limited to, paved trail users, hikers,
243	off-road bicyclists, users of off-highway vehicles, paddlers,
244	equestrians, disabled outdoor recreational users, and commercial
245	recreational interests. Those eligible to represent the greenway
246	user community shall be chosen from, but not be limited to,
247	conservation organizations, nature study organizations, and
248	scientists and university experts.
249	(d)  The 10 remaining members shall include:
250	1.  The Secretary of Environmental Protection or a
251	designee.;
252	2.  The executive director of the Fish and Wildlife
253	Conservation Commission or a designee.;
254	3.  The Secretary of Community Affairs or a designee.;
255	4.  The Secretary of Transportation or a designee.;
256	5.  The Director of the Division of Forestry of the
257	Department of Agriculture and Consumer Services or a designee.;
258	6.  The director of the Division of Historical Resources of
259	the Department of State or a designee.;
260	7.  A representative of the water management districts who
261	shall serve for 1 year. Membership on the council shall rotate
262	among the five districts. The districts shall determine the
263	order of rotation.;
264	8.  A representative of a federal land management agency.
265	The Secretary of Environmental Protection shall identify the
266	appropriate federal agency and request designation of a
267	representative from the agency to serve on the council.;
268	9.  A representative of the regional planning councils to
269	be appointed by the Secretary of Environmental Protection, in
270	consultation with the Secretary of Community Affairs. Membership
271	on the council shall rotate among the seven regional planning
272	councils. The regional planning councils shall determine the
273	order of rotation., for a single 2-year term. The representative
274	shall not be selected from the same regional planning council
275	for successive terms; and
276	10.  A representative of local governments to be appointed
277	by the Secretary of Environmental Protection, in consultation
278	with the Secretary of Community Affairs, for a single 2-year
279	term. Membership shall alternate between a county representative
280	and a municipal representative.
281	(2)  The department shall provide necessary staff
282	assistance to the council.
283	(3)  The term of all appointees shall be for 2 years unless
284	otherwise specified. The appointees of the Governor, the
285	President of the Senate, and the Speaker of the House of
286	Representatives may be reappointed for no more than four
287	consecutive terms. The representatives of the water management
288	districts, regional planning councils, and local governments may
289	be reappointed for no more than two consecutive terms. All other
290	appointees shall serve until replaced. The council is authorized
291	to contract for and to accept gifts, grants, or other aid from
292	the United States Government or any person or corporation.
293	(4)  The duties of the council shall include, but not be
294	limited to, the following:
295	(a)  Advise the Department of Environmental Protection, the
296	Department of Community Affairs, the Department of
297	Transportation, the Fish and Wildlife Conservation Commission,
298	the Division of Forestry of the Department of Agriculture and
299	Consumer Services, the water management districts, and the
300	regional planning councils on policies relating to the Florida
301	Greenways and Trails System, and promote intergovernmental
302	cooperation;
303	(a)(b)  Facilitate a statewide system of interconnected
304	landscape linkages, conservation corridors, greenbelts,
305	recreational corridors and trails, scenic corridors, utilitarian
306	corridors, reserves, regional parks and preserves, ecological
307	sites, and cultural/historic/recreational sites using;
308	(c)  Facilitate a statewide system of interconnected land-
309	based trails that connect urban, suburban, and rural areas of
310	the state and facilitate expansion of the statewide system of
311	freshwater and saltwater paddling trails.;
312	(b)(d)  Recommend priorities for critical links in the
313	Florida Greenways and Trails System.;
314	(c)(e)  Review recommendations of the office applications
315	for acquisition funding under the Florida Greenways and Trails
316	Program and recommend to the Secretary of Environmental
317	Protection which projects should be acquired.;
318	(f)  Provide funding recommendations to agencies and
319	organizations regarding the acquisition, development, and
320	management of greenways and trails, including the promotion of
321	private landowner incentives;
322	(d)(g)  Review designation proposals for inclusion in the
323	Florida Greenways and Trails System.;
324	(h)  Provide advocacy and education to benefit the
325	statewide system of greenways and trails by encouraging
326	communication and conferencing;
327	(e)(i)  Encourage public-private partnerships to develop
328	and manage greenways and trails.;
329	(f)(j)  Review progress toward meeting established
330	benchmarks and recommend appropriate action.;
331	(g)(k)  Make recommendations for updating and revising the
332	implementation plan for the Florida Greenways and Trails
333	System.;
334	(l)  Advise the Land Acquisition and Management Advisory
335	Council or its successor to ensure the incorporation of
336	greenways and trails in land management plans on lands managed
337	by the Department of Environmental Protection, the Fish and
338	Wildlife Conservation Commission, the Division of Historical
339	Resources of the Department of State, and the Division of
340	Forestry of the Department of Agriculture and Consumer Services;
341	(m)  Provide advice and assistance to the Department of
342	Transportation and the water management districts regarding the
343	incorporation of greenways and trails into their planning
344	efforts;
345	(n)  Encourage land use, environmental, and coordinated
346	linear infrastructure planning to facilitate the implementation
347	of local, regional, and statewide greenways and trails systems;
348	(h)(o)  Promote greenways and trails support
349	organizations.; and
350	(i)(p)  Support the Florida Greenways and Trails System
351	through intergovernmental coordination, budget recommendations,
352	advocacy, education, and in any other appropriate way.
353	(5)  The council shall establish procedures for conducting
354	its affairs in execution of the duties and responsibilities
355	stated in this section, which operating procedures shall include
356	determination of a council chair and other appropriate
357	operational guidelines. The council shall meet at the call of
358	the chair, or at such times as may be prescribed by its
359	operating procedures. The council may establish committees to
360	conduct the work of the council and the committees may include
361	nonmembers as appropriate.
362	(6)  A vacancy on the council shall be filled for the
363	remainder of the unexpired term in the same manner as the
364	original appointment. Members whose terms have expired may
365	continue to serve until replaced or reappointed. No member shall
366	serve on the council for more than two consecutive terms.
367	(7)  Members of the council may shall not receive any
368	compensation for their services but are shall be entitled to
369	receive reimbursement for per diem and travel expenses incurred
370	in the performance of their duties, as provided in s. 112.061.
371	Section 7.  Subsections (1) and (3) of section 260.015,
372	Florida Statutes, are amended to read:
373	260.015  Acquisition of land.--
374	(1)  The department is authorized to acquire by gift or
375	purchase the fee simple absolute title or any lesser interest in
376	land, including easements, for the purposes of this chapter ss.
377	260.011-260.018 pursuant to the provisions of chapter 375,
378	except that:
379	(a)  The department's power of eminent domain shall be
380	limited to curing defects in title accepted by the board
381	pursuant to subsection (2).
382	(b)  Lists of proposed acquisitions for the Florida
383	Greenways and Trails Program shall be prepared according to
384	procedures adopted by the department.
385	(c)  Projects acquired under this chapter shall not be
386	subject to the evaluation and selection procedures of s.
387	259.035, regardless of the estimated value of such projects. All
388	projects shall be acquired in accordance with the acquisition
389	procedures of chapter 259, except that the department may use
390	the appraisal procedure used by the Department of Transportation
391	to acquire transportation rights-of-way. When a parcel is
392	estimated to be valued at $100,000 or less and the department
393	finds that the costs of obtaining an outside appraisal are not
394	justified, an appraisal prepared by the department may be used.
395	(3)  Easements, licenses, and use agreements upon, over,
396	under, across, or along any land, the fee title of which has
397	been acquired for the purposes of this chapter ss. 260.011-
398	260.018, may be granted by the department so long as the use of
399	the easement, license, or use agreement does not interfere with
400	the purposes of this chapter ss. 260.011-260.018.
401	Section 8.  Subsection (1) and paragraph (a) of subsection
402	(2) of section 260.016, Florida Statutes, are amended to read:
403	260.016  General powers of the department.--
404	(1)  The department may:
405	(a)  Publish and distribute appropriate maps of designated
406	greenways and trails. The description shall include a
407	generalized map delineating the area designated, location of
408	suitable ingress and egress sites, as well as other points of
409	interest to enhance the recreational opportunities of the
410	public.
411	(b)  Establish access routes and related public-use
412	facilities along greenways and trails which will not
413	substantially interfere with the nature and purposes of the
414	greenway or trail.
415	(b)(c)  Adopt appropriate rules to implement or interpret
416	this chapter act and portions of chapter 253 relating to
417	greenways and trails, which may include, but are not limited to,
418	rules for the following:
419	1.  Establishing a designation process.
420	2.  Negotiating and executing agreements with private
421	landowners.
422	3.  Establishing prohibited activities or restrictions on
423	activities to protect the health, safety, and welfare of the
424	public.
425	4.  Charging fees for use.
426	5.  Providing public access to the greatest extent possible
427	while avoiding unnecessary impact upon sensitive environments
428	such as wetlands or animal habitats, wherever encountered.
429	6.  Providing for maintenance.
430	7.  Any matter necessary to the evaluation, selection,
431	operation, and maintenance of greenways and trails.
432
433	Any person who violates or otherwise fails to comply with the
434	rules adopted pursuant to subparagraph 3. commits a noncriminal
435	infraction for which a fine of up to $500 may be imposed.
436	(c)(d)  Coordinate the activities of all governmental units
437	and bodies and special districts that desire to participate in
438	the development and implementation of the Florida Greenways and
439	Trails System.
440	(d)(e)  Establish, develop, and publicize greenways and
441	trails in a manner that will permit public recreation when
442	appropriate without damaging natural resources and avoiding
443	unnecessary impact upon sensitive environments such as wetlands
444	or animal habitats, wherever encountered. The Big Bend Historic
445	Saltwater Paddling Trail from the St. Marks River to Yankeetown
446	is hereby designated as part of the Florida Greenways and Trails
447	System. Additions to this trail may be added by the Legislature
448	or the department from time to time as part of the Florida a
449	statewide saltwater Circumnavigation Saltwater Paddling Trail
450	created in s. 260.19.
451	(e)(f)  Enter into agreements with any federal, state, or
452	local governmental agency, or any other entity for the
453	management of greenways and trails for recreation and
454	conservation purposes consistent with the intent of this
455	chapter. Such entities must demonstrate their capabilities of
456	management for the purposes defined in this chapter ss. 260.011-
457	260.018.
458	(f)(g)  Charge reasonable fees or rentals for the use or
459	operation of facilities and concessions. All such fees, rentals,
460	or other charges collected shall be deposited in the account or
461	trust fund of the managing entity.
462	(g)(h)  Receive or accept from any legal source, grants for
463	the purpose of providing or improving public greenways and
464	trails, and the department is authorized to disburse funds as
465	pass-through grants to federal, state, or local government
466	agencies, recognized tribal units, or to nonprofit entities
467	created for this purpose. The department has authority to adopt
468	rules pursuant to ss. 120.536(1) and 120.54 to implement the
469	provisions of this subsection. Such rules shall provide, but are
470	not limited to, the following: procedures for grant
471	administration and accountability; eligibility, selection
472	criteria; maximum grant amounts and number of pending grants;
473	dedication requirements; and conversion procedures and
474	requirements.
475	(2)  The department shall:
476	(a)  Evaluate lands for the acquisition of greenways and
477	trails and compile a list of suitable corridors, greenways, and
478	trails, ranking them in order of priority for proposed
479	acquisition. The department shall devise a method of evaluation
480	which includes, but is not limited to, the consideration of the
481	importance and function of such corridors within the statewide
482	system as reflected on the opportunity maps and landowners'
483	willingness to negotiate.
484	Section 9.  Section 260.019, Florida Statutes, is created
485	to read:
486	260.019  Florida Circumnavigation Saltwater Paddling
487	Trail.--
488	(1)  The Florida Circumnavigation Saltwater Paddling Trail
489	is hereby created as part of the Florida Greenways and Trails
490	Program.
491	(2)  The department shall establish the initial starting
492	and ending points by latitude and longitude for the trail
493	segments described in subsection (3) within 180 days after the
494	effective date of this act. Except for the Big Bend Historic
495	Saltwater Paddling Trail, segment 6, the department has the
496	exclusive authority to officially name and locate the remaining
497	25 trail segments. The department shall name and locate the
498	segments based on logical geographical boundaries, safety to
499	trail users, ease of management, desires of local communities
500	and user groups, and other factors that assist in the overall
501	success of the trail system. The department may adjust the
502	location of any trail segment; give official recognition to
503	specific sites along the trail route; publish official trail
504	guides and literature in cooperation with other governmental and
505	private entities; and resolve conflicts that may arise between
506	competing and conflicting parties over trail issues. The Florida
507	Greenways and Trails Council may advise the department on all
508	matters relating to the paddling trail. By January 1, 2008, the
509	department shall prepare and submit a report setting forth the
510	names and locations adopted for each trail segment to the
511	Governor, the President of the Senate, and the Speaker of the
512	House of Representatives.
513	(3)  The Florida Circumnavigation Saltwater Paddling Trail
514	shall be composed of 26 segments that start at the Florida-
515	Alabama border on the west and end at the Florida-Georgia border
516	on the east. The general geographic locations of the segments
517	are:
518	(a)  Segment 1: Pensacola/Fort Pickens.
519	(b)  Segment 2: Choctawhatchee Bay.
520	(c)  Segment 3: Panama City Beach/St. Andrews Bay.
521	(d)  Segment 4: St. Joseph Bay/Apalachicola Bay.
522	(e)  Segment 5: Alligator Harbor/Ochlockonee Bay.
523	(f)  Segment 6: Big Bend Historic Saltwater Paddling Trail.
524	(g)  Segment 7: Crystal Bay/St. Martin's.
525	(h)  Segment 8: Pinellas.
526	(i)  Segment 9: Tampa Bay/Longboat Key.
527	(j)  Segment 10: Sarasota/Venice.
528	(k)  Segment 11: Charlotte Harbor.
529	(l)  Segment 12: Sanibel/Estero Bay.
530	(m)  Segment 13: Rookery Bay/Ten Thousand Islands.
531	(n)  Segment 14: Everglades National Park.
532	(o)  Segment 15: Florida Keys.
533	(p)  Segment 16: Biscayne Bay.
534	(q)  Segment 17: Hollywood/Ft. Lauderdale.
535	(r)  Segment 18: Pompano Beach/Lake Worth.
536	(s)  Segment 19: Palm Beach/Loxahatchee.
537	(t)  Segment 20: Hobe Sound/Ft. Pierce.
538	(u)  Segment 21: Vero Beach/Indian River Saltwater.
539	(v)  Segment 22: Merritt Island/Mosquito Lagoon.
540	(w)  Segment 23: Tomoka/Flagler.
541	(x)  Segment 24: Anastasia/Guana River.
542	(y)  Segment 25: Jacksonville/St. Johns River.
543	(z)  Segment 26: Nassau/Fort Clinch.
544	Section 10.  Section 260.021, Florida Statutes, is created
545	to read:
546	260.021  Recreational opportunities on mined lands.--The
547	Florida Wildlife Federation, Audubon Florida, and
548	Rails-to-Trails Conservancy, in partnership with the phosphate
549	industry and other mining companies, are encouraged to continue
550	the operation of the nonprofit corporation, Florida Mining-
551	Recreation, Inc., for the purpose of working with industry,
552	government, and private landowners to create plans and assist in
553	the development of recreational opportunities on mined lands in
554	the state. These opportunities should include walking, hiking,
555	use of off-highway vehicles, canoeing, bicycling, equestrian
556	activities, wildlife viewing, and other trail areas along with
557	developing fishing and hunting lands. The board of directors of
558	the corporation is encouraged to be composed of a member, or
559	members, from the companies mining in the state; a member, or
560	members, chosen by the Florida Wildlife Federation, Audubon
561	Florida, and Rails-to-Trails Conservancy; and other members
562	chosen by agreement of the partners.
563	Section 11.  Section 335.067, Florida Statutes, is created
564	to read:
565	335.067  Conserve by Bicycle Program.--There is created
566	within the Department of Transportation the Conserve by Bicycle
567	Program.
568	(1)  The purposes of the Conserve by Bicycle Program are
569	to:
570	(a)  Save energy by increasing the number of miles ridden
571	on bicycles, thereby reducing the usage of petroleum-based
572	fuels.
573	(b)  Increase efficiency of cycling as a transportation
574	mode by improving interconnectivity.
575	(c)  Reduce traffic congestion on existing roads.
576	(d)  Provide recreational opportunities for Florida
577	residents and visitors.
578	(e)  Provide healthy alternatives to help reduce the trend
579	toward obesity and reduce long-term health costs.
580	(f)  Provide safe ways for children to travel from their
581	homes to their schools by supporting the Safe Paths to Schools
582	Program.
583	(2)  In order to help accomplish these goals, the
584	department shall conduct a Conserve by Bicycle study, which
585	shall include a determination of the following:
586	(a)  Where energy savings can be realized when more and
587	safer bicycle facilities, such as bicycle paths, bicycle lanes,
588	and other safe locations for bicycle use, are created that
589	reduce the use of motor vehicles in the area.
590	(b)  Where the use of education and marketing programs can
591	convert motor vehicle trips into bicycle trips.
592	(c)  How and under what circumstances the construction of
593	bicycling facilities can provide more opportunities for
594	recreation and how exercise can lead to a reduction of health
595	risks associated with a sedentary lifestyle.
596	(d)  How the Safe Paths to Schools Program and other
597	similar programs can reduce school-related commuter traffic,
598	which will result in energy and roadway savings as well as
599	improve the health of children throughout the state.
600	(e)  How partnerships can be created among interested
601	parties in the fields of transportation, law enforcement,
602	education, public health, environmental restoration and
603	conservation, and energy conservation to achieve a better
604	possibility of success for the program.
605	(3)  The study shall produce measurable criteria that can
606	be used by the department to determine where and under what
607	circumstances the construction of bicycling facilities will
608	reduce energy consumption and the need for and cost of roadway
609	capacity, as well as realizing the associated health benefits.
610	(4)  The department shall conduct the study with the
611	assistance of the State Pedestrian/Bicycle Coordinator,
612	metropolitan planning organizations, the Office of Greenways and
613	Trails within the Department of Environmental Protection, and
614	the Department of Health.
615	(5)  By July 1, 2007, if sufficient funds are available in
616	the department's budget or from the Federal Government, the
617	study shall be completed and shall be submitted to the Governor,
618	the President of the Senate, the Speaker of the House of
619	Representatives, the Secretary of Transportation, the Secretary
620	of Environmental Protection, and the Secretary of Health.
621	Section 12.  Paragraph (k) of subsection (4) of section
622	373.199, Florida Statutes, is amended to read:
623	373.199  Florida Forever Water Management District Work
624	Plan.--
625	(4)  The list submitted by the districts shall include,
626	where applicable, the following information for each project:
627	(k)  An identification of the proposed public access for
628	projects with land acquisition components, including the Florida
629	National Scenic Trail.
630	Section 13.  Subsection (6) of section 378.036, Florida
631	Statutes, is amended to read:
632	378.036  Land acquisitions financed by Nonmandatory Land
633	Reclamation Trust Fund moneys.--
634	(6)(a)  By January 1, 2004, or within 6 months following
635	the date funds become available from the Legislature, whichever
636	is later, the Florida Wildlife Federation, Audubon Florida, and
637	Rails-to-Trails Conservancy in partnership with the Florida
638	Phosphate Council are authorized to form a nonprofit corporation
639	pursuant to chapter 617 for the purpose of implementing this
640	section by creating plans and assisting in the development of
641	recreational opportunities on lands mined for phosphate in the
642	state. The first plans must concentrate on recreational
643	activities in Hardee and Hamilton Counties which will assist
644	them in rural economic development.
645	(b)  The board of directors of the corporation shall be
646	composed of three members, one designated by the Florida
647	Phosphate Council, one as the designee of the Florida Wildlife
648	Federation, Audubon Florida, and Rails-to-Trails Conservancy,
649	and the third chosen by the other two designees.
650	(c)  The business of the corporation shall be conducted by
651	the board of directors or a chief executive officer as the board
652	shall see fit in accordance with the provisions of its articles
653	of incorporation and applicable law. The activities of the
654	corporation shall be coordinated with all landowners who have
655	voluntarily agreed to participate in the process as well as any
656	local government where such lands are recorded.
657	(d)  An annual report of the activities of the corporation,
658	including a certified audit, shall be presented to the Secretary
659	of Environmental Protection or his or her designee by October 31
660	of each year following incorporation.
661	(e)  The corporation shall dissolve on January 1, 2009,
662	unless dissolved previously by action of its board of directors
663	or extended by the Legislature. Upon dissolution, any moneys
664	remaining in the accounts of the corporation that are
665	unobligated shall be returned to the funds from which they were
666	appropriated in proportion to the amount contributed. All
667	tangible assets of the corporation at dissolution which were
668	acquired using state funding shall become the property of the
669	Department of Environmental Protection.
670	Section 14.  Subsection (4) of section 380.507, Florida
671	Statutes, is amended to read:
672	380.507  Powers of the trust.--The trust shall have all the
673	powers necessary or convenient to carry out the purposes and
674	provisions of this part, including:
675	(4)  To acquire and dispose of real and personal property
676	or any interest therein when necessary or appropriate to protect
677	the natural environment, provide public access or public
678	recreational facilities, including the Florida National Scenic
679	Trail, preserve wildlife habitat areas, provide access for
680	managing acquired lands, or otherwise carry out the purposes of
681	this part. If the trust acquires land for permanent state
682	ownership, title to such land shall be vested in the Board of
683	Trustees of the Internal Improvement Trust Fund; otherwise,
684	title to property acquired in partnership with a county or
685	municipality shall vest in the name of the local government.
686	Notwithstanding any other provision of law, the trust may enter
687	into an option agreement to purchase lands included in projects
688	approved according to this part, when necessary to reserve lands
689	during the preparation of project plans and during acquisition
690	proceedings. The consideration for an option shall not exceed
691	$100,000.
692	Section 15.  Subsection (1) of section 110.501, Florida
693	Statutes, is amended to read:
694	110.501  Definitions.--As used in this act:
695	(1)  "Volunteer" means any person who, of his or her own
696	free will, provides goods or services, or conveys an interest in
697	or otherwise consents to the use of real property pursuant to
698	chapter 260 ss. 260.011-260.018, to any state department or
699	agency, or nonprofit organization, with no monetary or material
700	compensation. A person registered and serving in Older American
701	Volunteer Programs authorized by the Domestic Volunteer Service
702	Act of 1973, as amended (Pub. L. No. 93-113), shall also be
703	defined as a volunteer and shall incur no civil liability as
704	provided by s. 768.1355. A volunteer shall be eligible for
705	payment of volunteer benefits as specified in Pub. L. No. 93-
706	113, this section, and s. 430.204.
707	Section 16.  This act shall take effect upon becoming a
708	law.

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