Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 774
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CHAMBER ACTION
Senate House
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11 The Committee on Transportation (Bennett) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 On page 2, line 19, through
16 page 15, line 26, delete those lines
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18 and insert:
19 Section 2. Subsection (1) of section 110.501, Florida
20 Statutes, is amended to read:
21 110.501 Definitions.--As used in this act:
22 (1) "Volunteer" means any person who, of his or her
23 own free will, provides goods or services, or conveys an
24 interest in or otherwise consents to the use of real property
25 pursuant to chapter 260 ss. 260.011-260.018, to any state
26 department or agency, or nonprofit organization, with no
27 monetary or material compensation. A person registered and
28 serving in Older American Volunteer Programs authorized by the
29 Domestic Volunteer Service Act of 1973, as amended (Pub. L.
30 No. 93-113), is shall also be defined as a volunteer and shall
31 incur no civil liability as provided by s. 768.1355. A
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Florida Senate - 2005 COMMITTEE AMENDMENT
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1 volunteer is shall be eligible for payment of volunteer
2 benefits as specified in Pub. L. No. 93-113, this section, and
3 s. 430.204.
4 Section 3. Section 260.011, Florida Statutes, is
5 amended to read:
6 260.011 Short title.--Chapter 260 Sections
7 260.011-260.018 shall be known and may be cited as the
8 "Florida Greenways and Trails Act."
9 Section 4. Subsections (1), (2), (5), and (6) of
10 section 260.012, Florida Statutes, are amended to read:
11 260.012 Declaration of policy and legislative
12 intent.--
13 (1) In order to recognize the benefits of the outdoor
14 areas of Florida, and in order to conserve, develop, and use
15 the natural resources of this state for healthful and
16 recreational purposes, it is declared to be the public policy
17 of this state and the purpose of this chapter ss.
18 260.011-260.018 to provide the means and procedures for
19 establishing and expanding a statewide system of greenways and
20 trails for recreational and conservation purposes which shall
21 be designated as the "Florida Greenways and Trails System."
22 The standards by which the greenways and trails system shall
23 be acquired, designated, administered, maintained, used, and
24 expanded shall be consistent with this chapter the provisions
25 of ss. 260.011-260.018. It is the intent of the Legislature
26 that these greenways and trails will serve to implement the
27 concepts of ecosystems management while providing, where
28 appropriate, recreational opportunities, including, but not
29 limited to, equestrian activities horseback riding, hiking,
30 bicycling, canoeing, jogging, and historical and
31 archaeological interpretation, thereby improving the health
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1 and welfare of the people.
2 (2) It is the intent of the Legislature that a
3 statewide system of greenways and trails be established to
4 provide open space benefiting environmentally sensitive lands
5 and wildlife and providing people with access to healthful
6 outdoor activities. It is also the intent of the Legislature
7 to acquire or designate lands and waterways to facilitate the
8 establishment of a statewide system of greenways and trails;
9 to encourage the multiple use of public rights-of-way and use
10 to the fullest extent existing and future scenic roads,
11 highways, park roads, parkways, greenways, trails, and
12 national recreational trails; to encourage the development of
13 greenways and trails by counties, cities, and special
14 districts, and nongovernmental organizations to assist in such
15 development by any means available; to coordinate greenway and
16 trail plans and development by local governments with one
17 another and with the state government and Federal Government;
18 to encourage, whenever possible, the development of greenways
19 and trails on federal lands by the Federal Government; and to
20 encourage the owners of private lands to protect the existing
21 ecological, historical, and cultural values of their lands,
22 including those values derived from working landscapes.
23 (5) The planning, development, operation, and
24 maintenance of the Florida Greenways and Trails System
25 authorized by this chapter ss. 260.011-260.018 is declared to
26 be a public purpose, and the Department of Environmental
27 Protection, together with other agencies of this state and all
28 counties, municipalities, and special districts of this state,
29 is authorized to spend public funds for such purposes and to
30 accept gifts and grants of funds, property, or property rights
31 from public or private sources to be used for such purposes.
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1 (6) It is the intent of the Legislature to officially
2 recognize the Florida National Scenic Trail as Florida's
3 official statewide nonmotorized trail, extending from the
4 Florida Panhandle to the Everglades and the Florida Keys, an
5 approximate length of more than 1,400 miles. The Legislature
6 recognizes the major contributions made to further the
7 establishment of the Florida National Scenic Trail by the
8 United States Government, including significant funding, and
9 the efforts of private landowners, state government, and
10 not-for-profit entities such as the Florida Trail Association.
11 The Legislature also recognizes the significant economic
12 benefit of nature-based recreation and the contributions to
13 the state's economy which arise from the creation and
14 completion of the trail. In order to further its commitment to
15 the residents of this state and the United States Government
16 to complete the establishment of the trail in a permanent
17 location, the Legislature:
18 (a) Encourages each state, regional, and local agency
19 that acquires lands to acquire property interests in the lands
20 over which the trail passes which are sufficient to ensure
21 that the trail remains in a permanent location.
22 (b) Officially recognizes, for establishment and
23 acquisition purposes, the route of the trail as determined by
24 the U.S.D.A. Forest Service, assisted by the Florida Trail
25 Association, in the publication entitled "Preferred Routing
26 for the Florida National Scenic Trail."
27 (c) Encourages state land-buying agencies to consider,
28 with the assistance of the Florida Trail Association and the
29 office, the Florida National Scenic Trail as a single project
30 with multiple phases for the purposes of listing property for
31 and completing acquisitions.
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1 (d) Encourages the use of private funds to supplement
2 the state's funding for acquisition of fee or less-than-fee
3 interests in land containing designated portions of the
4 Florida National Scenic Trail.
5 (e) Encourages private landowners to continue to allow
6 the use of their property for purposes of the Florida National
7 Scenic Trail by providing limited liability protection and
8 encouraging provision of additional incentives for such
9 landowners.
10 (f) Encourages state and local agencies having
11 economic and ecotourism development responsibilities to
12 recognize the importance of the Florida National Scenic Trail
13 in bringing nature-based tourism to communities along the
14 trail route and to support acquisition and development
15 activities for completion of the trail in a permanent
16 location. It is also the intent of the Legislature to
17 encourage all state, regional, and local agencies who acquire
18 lands to include in their land-buying efforts the acquisition
19 of sufficient legal interest in the lands over which the trail
20 passes to ensure its continued existence in a permanent
21 location.
22 Section 5. Section 260.013, Florida Statutes, is
23 transferred, renumbered as section 260.0111, Florida Statutes,
24 and amended to read:
25 260.0111 260.013 Definitions.--As used in this chapter
26 ss. 260.011-260.018, unless the context otherwise requires:
27 (1) "Board" means the Board of Trustees of the
28 Internal Improvement Trust Fund.
29 (2) "Department" means the Department of Environmental
30 Protection.
31 (3) "Designation" means the identification and
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1 inclusion of specific lands and waterways as part of the
2 statewide system of greenways and trails pursuant to a formal
3 public process, including the specific written consent of the
4 landowner. When the department determines that public access
5 is appropriate for greenways and trails, written authorization
6 must be granted by the landowner to the department permitting
7 public access to all or a specified part of the landowner's
8 property. The department's determination shall be noticed
9 pursuant to s. 120.525, and the department shall also notify
10 the landowner by certified mail at least 7 days before any
11 public meeting regarding the intent to designate.
12 (4) "Greenway" means a linear open space established
13 along either a natural corridor, such as a riverfront, stream
14 valley, or ridgeline, or over land along a railroad
15 right-of-way converted to recreational use, a canal, a scenic
16 road, or other route; any natural or landscaped course for
17 pedestrian or bicycle passage; an open space connector linking
18 parks, nature reserves, cultural features, or historic sites
19 with each other and populated areas; or a local strip or
20 linear park designated as a parkway or greenbelt.
21 (5) "Office" means the Office of Greenways and Trails
22 of the Department of Environmental Protection.
23 (6)(5) "Trails" means linear corridors and any
24 adjacent support parcels on land or water providing public
25 access for recreation or authorized alternative modes of
26 transportation.
27 Section 6. Section 260.0141, Florida Statutes, is
28 amended to read:
29 260.0141 Greenways and Trails Program.--There is
30 established within the department the "Florida Greenways and
31 Trails Program," the purpose of which is to facilitate the
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1 establishment of a statewide system of greenways and trails.
2 Such greenways and trails shall be acquired pursuant to this
3 act. Planning materials, maps, data, and other information
4 developed or used in the program shall not be construed as
5 designation of lands as part of the statewide system of
6 greenways and trails. Identification of lands in such
7 information shall not:
8 (1) Require or empower any unit of local or regional
9 government, or any state agency, to impose additional or more
10 restrictive environmental, land-use, or zoning regulations;
11 (2) Be construed or cited as authority to adopt,
12 enforce, or amend any environmental rule or regulation;
13 comprehensive plan goals, policies, or objectives; or zoning
14 or land-use ordinance;
15 (3) Be used as the basis for permit denial; imposition
16 of any permit condition; or application of any rule,
17 regulation, or ordinance by any subdivision of local,
18 regional, or state government; or
19 (4) Be construed or cited as authority by any
20 governmental agency to reduce or restrict the rights of owners
21 of lands so identified.
22 Section 7. Section 260.0142, Florida Statutes, is
23 amended to read:
24 260.0142 Florida Greenways and Trails Council;
25 composition; powers and duties.--
26 (1) There is hereby created within the department of
27 Environmental Protection the Florida Greenways and Trails
28 Council which shall advise the department in the execution of
29 the department's powers and duties under this chapter. The
30 council shall be composed of 21 members, consisting of:
31 (a) Five members appointed by the Governor, with two
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1 members representing the trail user community, two members
2 representing the greenway user community, and one member
3 representing private landowners. Of the initial appointments,
4 two shall be appointed for 2-year terms and three shall be
5 appointed for 1-year terms. Subsequent appointments shall be
6 for 2-year terms.
7 (b) Three members appointed by the President of the
8 Senate, with one member representing the trail user community
9 and two members representing the greenway user community. Of
10 the initial appointments, two shall be appointed for 2-year
11 terms and one shall be appointed for a 1-year term. Subsequent
12 appointments shall be for 2-year terms.
13 (c) Three members appointed by the Speaker of the
14 House of Representatives, with two members representing the
15 trail user community and one member representing the greenway
16 user community. Of the initial appointments, two shall be
17 appointed for 2-year terms and one shall be appointed for a
18 1-year term. Subsequent appointments shall be for 2-year
19 terms.
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21 Those eligible to represent the trail user community shall be
22 chosen from, but not be limited to, paved trail users, hikers,
23 off-road bicyclists, users of off-highway vehicles, paddlers,
24 equestrians, disabled outdoor recreational users, and
25 commercial recreational interests. Those eligible to represent
26 the greenway user community shall be chosen from, but not be
27 limited to, conservation organizations, nature study
28 organizations, and scientists and university experts.
29 (d) The 10 remaining members shall include:
30 1. The Secretary of Environmental Protection or a
31 designee;
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1 2. The executive director of the Fish and Wildlife
2 Conservation Commission or a designee;
3 3. The Secretary of Community Affairs or a designee;
4 4. The Secretary of Transportation or a designee;
5 5. The Director of the Division of Forestry of the
6 Department of Agriculture and Consumer Services or a designee;
7 6. The director of the Division of Historical
8 Resources of the Department of State or a designee;
9 7. A representative of the water management districts
10 who shall serve for 1 year. Membership on the council shall
11 rotate among the five districts. The districts shall determine
12 the order of rotation;
13 8. A representative of a federal land management
14 agency. The Secretary of Environmental Protection shall
15 identify the appropriate federal agency and request
16 designation of a representative from the agency to serve on
17 the council;
18 9. A representative of the regional planning councils
19 to be appointed by the Secretary of Environmental Protection,
20 in consultation with the Secretary of Community Affairs.
21 Membership on the council shall rotate among the seven
22 regional planning councils. The regional planning councils
23 shall determine the order of rotation, for a single 2-year
24 term. The representative shall not be selected from the same
25 regional planning council for successive terms; and
26 10. A representative of local governments to be
27 appointed by the Secretary of Environmental Protection, in
28 consultation with the Secretary of Community Affairs, for a
29 single 2-year term. Membership shall alternate between a
30 county representative and a municipal representative.
31
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1 The term of all appointees shall be for 2 years unless
2 otherwise specified. The appointees of the Governor, the
3 President of the Senate, and the Speaker of the House of
4 Representatives may be reappointed for no more than four
5 consecutive terms. The representative of the water management
6 districts, regional planning councils, and local governments
7 may be reappointed for no more than two consecutive terms. All
8 other appointees may serve until replaced.
9 (2) The department shall provide necessary staff
10 assistance to the council.
11 (3) The council is authorized to contract for and to
12 accept gifts, grants, or other aid from the United States
13 Government or any person or corporation.
14 (3)(4) The duties of the council shall include, but
15 not be limited to, the following:
16 (a) Advise the Department of Environmental Protection,
17 the Department of Community Affairs, the Department of
18 Transportation, the Fish and Wildlife Conservation Commission,
19 the Division of Forestry of the Department of Agriculture and
20 Consumer Services, the water management districts, and the
21 regional planning councils on policies relating to the Florida
22 Greenways and Trails System, and promote intergovernmental
23 cooperation;
24 (a)(b) Facilitate a statewide system of interconnected
25 landscape linkages, conservation corridors, greenbelts,
26 recreational corridors and trails, scenic corridors,
27 utilitarian corridors, reserves, regional parks and preserves,
28 ecological sites, and cultural/historic/recreational sites,
29 using;
30 (c) Facilitate a statewide system of interconnected
31 land-based trails that connect urban, suburban, and rural
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1 areas of the state and facilitate expansion of the statewide
2 system of freshwater and saltwater paddling trails.;
3 (b)(d) Recommend priorities for critical links in the
4 Florida Greenways and Trails System.;
5 (c)(e) Review recommendations of the office
6 applications for acquisition funding under the Florida
7 Greenways and Trails Program and recommend to the Secretary of
8 Environmental Protection which projects should be acquired.;
9 (f) Provide funding recommendations to agencies and
10 organizations regarding the acquisition, development, and
11 management of greenways and trails, including the promotion of
12 private landowner incentives;
13 (d)(g) Review designation proposals for inclusion in
14 the Florida Greenways and Trails System.;
15 (h) Provide advocacy and education to benefit the
16 statewide system of greenways and trails by encouraging
17 communication and conferencing;
18 (e)(i) Encourage public-private partnerships to
19 develop and manage greenways and trails.;
20 (f)(j) Review progress toward meeting established
21 benchmarks and recommend appropriate action.;
22 (g)(k) Make recommendations for updating and revising
23 the implementation plan for the Florida Greenways and Trails
24 System.;
25 (l) Advise the Land Acquisition and Management
26 Advisory Council or its successor to ensure the incorporation
27 of greenways and trails in land management plans on lands
28 managed by the Department of Environmental Protection, the
29 Fish and Wildlife Conservation Commission, the Division of
30 Historical Resources of the Department of State, and the
31 Division of Forestry of the Department of Agriculture and
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1 Consumer Services;
2 (m) Provide advice and assistance to the Department of
3 Transportation and the water management districts regarding
4 the incorporation of greenways and trails into their planning
5 efforts;
6 (n) Encourage land use, environmental, and coordinated
7 linear infrastructure planning to facilitate the
8 implementation of local, regional, and statewide greenways and
9 trails systems;
10 (h)(o) Promote greenways and trails support
11 organizations.; and
12 (i)(p) Support the Florida Greenways and Trails System
13 through intergovernmental coordination, budget
14 recommendations, advocacy, education, and in any other
15 appropriate way.
16 (4)(5) The council shall establish procedures for
17 conducting its affairs in execution of the duties and
18 responsibilities stated in this section, which operating
19 procedures shall include determination of a council chair and
20 other appropriate operational guidelines. The council shall
21 meet at the call of the chair, or at such times as may be
22 prescribed by its operating procedures. The council may
23 establish committees to conduct the work of the council and
24 the committees may include nonmembers as appropriate.
25 (5)(6) A vacancy on the council shall be filled for
26 the remainder of the unexpired term in the same manner as the
27 original appointment. Members whose terms have expired may
28 continue to serve until replaced or reappointed. No member
29 shall serve on the council for more than two consecutive
30 terms.
31 (6)(7) Members of the council may shall not receive
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1 any compensation for their services but are shall be entitled
2 to receive reimbursement for per diem and travel expenses
3 incurred in the performance of their duties, as provided in s.
4 112.061.
5 Section 8. Subsections (1) and (3) of section 260.015,
6 Florida Statutes, are amended to read:
7 260.015 Acquisition of land.--
8 (1) The department is authorized to acquire by gift or
9 purchase the fee simple absolute title or any lesser interest
10 in land, including easements, for the purposes of this chapter
11 ss. 260.011-260.018 pursuant to the provisions of chapter 375,
12 except that:
13 (a) The department's power of eminent domain shall be
14 limited to curing defects in title accepted by the board
15 pursuant to subsection (2).
16 (b) Lists of proposed acquisitions for the Florida
17 Greenways and Trails Program shall be prepared according to
18 procedures adopted by the department.
19 (c) Projects acquired under this chapter shall not be
20 subject to the evaluation and selection procedures of s.
21 259.035, regardless of the estimated value of such projects.
22 All projects shall be acquired in accordance with the
23 acquisition procedures of chapter 259, except that the
24 department may use the appraisal procedure used by the
25 Department of Transportation to acquire transportation
26 rights-of-way. When a parcel is estimated to be valued at
27 $100,000 or less and the department finds that the costs of
28 obtaining an outside appraisal are not justified, an appraisal
29 prepared by the department may be used.
30 (3) Easements, licenses, and use agreements upon,
31 over, under, across, or along any land, the fee title of which
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1 has been acquired for the purposes of this chapter ss.
2 260.011-260.018, may be granted by the department so long as
3 the use of the easement, license, or use agreement does not
4 interfere with the purposes of this chapter ss.
5 260.011-260.018.
6 Section 9. Subsection (1) and paragraph (a) of
7 subsection (2) of section 260.016, Florida Statutes, are
8 amended to read:
9 260.016 General powers of the department.--
10 (1) The department may:
11 (a) Publish and distribute appropriate maps of
12 designated greenways and trails. The description shall include
13 a generalized map delineating the area designated, location of
14 suitable ingress and egress sites, as well as other points of
15 interest to enhance the recreational opportunities of the
16 public.
17 (b) Establish access routes and related public-use
18 facilities along greenways and trails which will not
19 substantially interfere with the nature and purposes of the
20 greenway or trail.
21 (b)(c) Adopt appropriate rules to implement or
22 interpret this act and portions of chapter 253 relating to
23 greenways and trails, which may include, but are not limited
24 to, rules for the following:
25 1. Establishing a designation process.
26 2. Negotiating and executing agreements with private
27 landowners.
28 3. Establishing prohibited activities or restrictions
29 on activities to protect the health, safety, and welfare of
30 the public.
31 4. Charging fees for use.
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1 5. Providing public access.
2 6. Providing for maintenance.
3 7. Any matter necessary to the evaluation, selection,
4 operation, and maintenance of greenways and trails.
5
6 Any person who violates or otherwise fails to comply with the
7 rules adopted pursuant to subparagraph 3. commits a
8 noncriminal infraction for which a fine of up to $500 may be
9 imposed.
10 (c)(d) Coordinate the activities of all governmental
11 units and bodies and special districts that desire to
12 participate in the development and implementation of the
13 Florida Greenways and Trails System.
14 (d)(e) Establish, develop, and publicize greenways and
15 trails in a manner that will permit public recreation when
16 appropriate without damaging natural resources. The Big Bend
17 Historic Saltwater Paddling Trail from the St. Marks River to
18 Yankeetown is hereby designated as part of the Florida
19 Greenways and Trails System. Additions to this trail may be
20 added by the Legislature or the department from time to time
21 as part of the Florida a statewide saltwater Circumnavigation
22 Saltwater Paddling Trail created in s. 260.20.
23 (e)(f) Enter into agreements with any federal, state,
24 or local governmental agency, or any other entity for the
25 management of greenways and trails for recreation and
26 conservation purposes consistent with the intent of this
27 chapter. Such entities must demonstrate their capabilities of
28 management for the purposes defined in this chapter ss.
29 260.011-260.018.
30
31 (Redesignate subsequent sections.)
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1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 1, line 2, after the semicolon,
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5 insert:
6 amending s. 110.501, F.S.; conforming a
7 cross-reference;
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