Senate Bill sb0774
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Florida Senate - 2005 SB 774
By Senator Dockery
15-476A-05
1 A bill to be entitled
2 An act relating to greenways and trails;
3 requesting the Division of Statutory Revision
4 to retitle ch. 260, F.S., as "Florida Greenways
5 and Trails"; amending s. 260.011, F.S.;
6 clarifying the short title; amending s.
7 260.012, F.S.; revising legislative intent with
8 respect to the development and completion of
9 the Florida National Scenic Trail; amending s.
10 260.0125, F.S.; requiring a private landowner's
11 written authorization to the Department of
12 Environmental Protection for public access to
13 private land that has been designated part of
14 the state's greenways and trails system;
15 requiring the department to provide notice of
16 meetings at which it will consider such access;
17 transferring, renumbering, and amending s.
18 260.013, F.S.; revising definitions; amending
19 s. 260.0141, F.S.; deleting provisions
20 authorizing certain acquisitions; amending s.
21 260.0142, F.S.; revising the powers and duties
22 of the Florida Greenways and Trails Council;
23 extending the terms of certain appointees;
24 providing for reappointment of appointees;
25 amending eligibility requirements for
26 appointees of the trail-user community to
27 include users of off-road highway vehicles;
28 creating s. 260.0143, F.S.; creating and
29 specifying segments of the Florida
30 Circumnavigation Saltwater Paddling Trail;
31 requiring the Department of Environmental
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1 Protection to name and locate segments and
2 provide a report; authorizing the department to
3 relocate segments and perform certain
4 trail-management and publication functions;
5 authorizing the Florida Greenways and Trails
6 Council to advise the department regarding the
7 trail; amending s. 260.015, F.S.; requiring the
8 appraisal of certain property by the
9 department; amending s. 260.016, F.S.; revising
10 the general powers of the Department of
11 Environmental Protection relating to greenways
12 and trails; creating s. 335.067, F.S.; creating
13 the Conserve by Bicycle Program within the
14 Department of Transportation; providing the
15 purposes of the program; requiring the
16 department, with assistance of the State
17 Pedestrian/Bicycle Coordinator, metropolitan
18 planning organizations, the Department of
19 Environmental Protection, and the Department of
20 Health, to conduct a Conserve by Bicycle study;
21 requiring that the study be submitted to the
22 Governor, the Legislature, and the secretaries
23 of Transportation, Environmental Protection,
24 and Health, under certain circumstances;
25 amending s. 373.199, F.S.; requiring the water
26 management districts to include information
27 about the Florida National Scenic Trail in the
28 5-year work plans; amending s. 380.507, F.S.;
29 revising provisions relating to the acquisition
30 or disposition of certain property under the
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1 Florida Communities Trust Program; providing an
2 effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. The Division of Statutory Revision is
7 requested to change the title of chapter 260, Florida
8 Statutes, to "FLORIDA GREENWAYS AND TRAILS."
9 Section 2. Section 260.011, Florida Statutes, is
10 amended to read:
11 260.011 Short title.--Sections 260.011-260.018 shall
12 be known and may be cited as the "Florida Greenways and Trails
13 Act."
14 Section 3. Subsections (1), (2), and (6) of section
15 260.012, Florida Statutes, are amended to read:
16 260.012 Declaration of policy and legislative
17 intent.--
18 (1) In order to recognize the benefits of the outdoor
19 areas of Florida, and in order to conserve, develop, and use
20 the natural resources of this state for healthful and
21 recreational purposes, it is declared to be the public policy
22 of this state and the purpose of ss. 260.011-260.018 to
23 provide the means and procedures for establishing and
24 expanding a statewide system of greenways and trails for
25 recreational and conservation purposes and to designate such
26 system which shall be designated as the "Florida Greenways and
27 Trails System." The standards by which the greenways and
28 trails system shall be acquired, designated, administered,
29 maintained, used, and expanded shall be consistent with the
30 provisions of ss. 260.011-260.018. It is the intent of the
31 Legislature that these greenways and trails will serve to
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1 implement the concepts of ecosystems management while
2 providing, where appropriate, recreational opportunities,
3 including, but not limited to, equestrian activities horseback
4 riding, hiking, bicycling, canoeing, jogging, and historical
5 and archaeological interpretation, thereby improving the
6 health and welfare of the people.
7 (2) It is the intent of the Legislature that a
8 statewide system of greenways and trails be established to
9 provide open space benefiting environmentally sensitive lands
10 and wildlife and providing people with access to healthful
11 outdoor activities. It is also the intent of the Legislature
12 to acquire or designate lands and waterways to facilitate the
13 establishment of a statewide system of greenways and trails;
14 to encourage the multiple use of public rights-of-way and use
15 to the fullest extent existing and future scenic roads,
16 highways, park roads, parkways, greenways, trails, and
17 national recreational trails; to encourage the development of
18 greenways and trails by counties, cities, and special
19 districts, and nongovernmental organizations to assist in such
20 development by any means available; to coordinate greenway and
21 trail plans and development by local governments with one
22 another and with the state government and Federal Government;
23 to encourage, whenever possible, the development of greenways
24 and trails on federal lands by the Federal Government; and to
25 encourage the owners of private lands to protect the existing
26 ecological, historical, and cultural values of their lands,
27 including those values derived from working landscapes.
28 (6) It is the intent of the Legislature to officially
29 recognize the Florida National Scenic Trail as Florida's
30 official statewide nonmotorized trail, extending from the
31 Florida Panhandle to the Everglades and the Florida Keys, an
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1 approximate length of more than 1,400 miles. The Legislature
2 recognizes the major contributions made to further the
3 establishment of the Florida National Scenic Trail by the
4 United States Government, including significant funding, and
5 the efforts of private landowners, state government, and
6 not-for-profit entities such as the Florida Trail Association.
7 The Legislature also recognizes the significant economic
8 benefit of nature-based recreation and the contributions to
9 the state's economy which arise from the creation and
10 completion of the trail. In order to further its commitment to
11 the residents of this state and the United States Government
12 to complete the establishment of the trail in a permanent
13 location, the Legislature:
14 (a) Encourages each state, regional, and local agency
15 that acquires lands to acquire property interests in the lands
16 over which the trail passes which are sufficient to ensure
17 that the trail remains in a permanent location.
18 (b) Officially recognizes, for establishment and
19 acquisition purposes, the route of the trail as determined by
20 the U.S.D.A. Forest Service, assisted by the Florida Trail
21 Association, in the publication entitled "Preferred Routing
22 for the Florida National Scenic Trail."
23 (c) Encourages state land-buying agencies to consider,
24 with the assistance of the Florida Trail Association and the
25 office, the Florida National Scenic Trail as a single project
26 with multiple phases for the purpose of listing and
27 acquisition.
28 (d) Encourages the use of private funds to supplement
29 the state's acquisition of fee or less-than-fee interests in
30 land containing designated portions of the Florida National
31 Scenic Trail.
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1 (e) Encourages private landowners to continue to allow
2 the use of their property for purposes of the Florida National
3 Scenic Trail and encourages provision of incentives and
4 liability protection for such landowners.
5 (f) Encourages state and local agencies having
6 economic and ecotourism development responsibilities to
7 recognize the importance of the Florida National Scenic Trail
8 in bringing nature-based tourism to communities along the
9 trail route and to support acquisition and development
10 activities for completion of the trail in a permanent
11 location. It is also the intent of the Legislature to
12 encourage all state, regional, and local agencies who acquire
13 lands to include in their land-buying efforts the acquisition
14 of sufficient legal interest in the lands over which the trail
15 passes to ensure its continued existence in a permanent
16 location.
17 Section 4. Present subsection (7) of section 260.0125,
18 Florida Statutes, is redesignated as subsection (8), and a new
19 subsection (7) is added to that section, to read:
20 260.0125 Limitation on liability of Private landowners
21 whose property is designated as part of the statewide system
22 of greenways and trails.--
23 (7) When the department determines that public access
24 is appropriate for greenways and trails on private lands that
25 are the subject of a designation agreement, the department
26 must receive written authorization from the landowner before
27 permitting public access to all or a specified part of the
28 property. Not later than 7 days before any public meeting
29 regarding the department's intent to designate such greenways
30 and trails, the department must notify the private landowner
31 by certified mail of its intent to determine whether public
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1 access to the private property that is the subject of the
2 designation agreement is appropriate. The public meeting
3 shall be noticed pursuant to s. 120.525.
4 Section 5. Section 260.013, Florida Statutes, is
5 transferred, renumbered as section 260.0111, Florida Statutes,
6 and amended to read:
7 260.0111 260.013 Definitions.--As used in ss.
8 260.011-260.018, unless the context otherwise requires:
9 (1) "Board" means the Board of Trustees of the
10 Internal Improvement Trust Fund.
11 (2) "Department" means the Department of Environmental
12 Protection.
13 (3) "Designation" means the identification and
14 inclusion of specific lands and waterways as part of the
15 statewide system of greenways and trails pursuant to a formal
16 public process, including the specific written consent of the
17 landowner. When the department determines that public access
18 is appropriate for greenways and trails, written authorization
19 must be granted by the landowner to the department permitting
20 public access to all or a specified part of the landowner's
21 property. The department's determination shall be noticed
22 pursuant to s. 120.525, and the department shall also notify
23 the landowner by certified mail at least 7 days before any
24 public meeting regarding the intent to designate.
25 (4) "Greenway" means a linear open space established
26 along either a natural corridor, such as a riverfront, stream
27 valley, or ridgeline, or over land along a railroad
28 right-of-way converted to recreational use, a canal, a scenic
29 road, or other route; any natural or landscaped course for
30 pedestrian or bicycle passage; an open space connector linking
31 parks, nature reserves, cultural features, or historic sites
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1 with each other and populated areas; or a local strip or
2 linear park designated as a parkway or greenbelt.
3 (5) "Office" means the Office of Greenways and Trails
4 of the Department of Environmental Protection.
5 (6)(5) "Trails" means linear corridors and any
6 adjacent support parcels on land or water providing public
7 access for recreation or authorized alternative modes of
8 transportation.
9 Section 6. Section 260.0141, Florida Statutes, is
10 amended to read:
11 260.0141 Greenways and Trails Program.--There is
12 established within the department the "Florida Greenways and
13 Trails Program," the purpose of which is to facilitate the
14 establishment of a statewide system of greenways and trails.
15 Such greenways and trails shall be acquired pursuant to this
16 act. Planning materials, maps, data, and other information
17 developed or used in the program shall not be construed as
18 designation of lands as part of the statewide system of
19 greenways and trails. Identification of lands in such
20 information shall not:
21 (1) Require or empower any unit of local or regional
22 government, or any state agency, to impose additional or more
23 restrictive environmental, land-use, or zoning regulations;
24 (2) Be construed or cited as authority to adopt,
25 enforce, or amend any environmental rule or regulation;
26 comprehensive plan goals, policies, or objectives; or zoning
27 or land-use ordinance;
28 (3) Be used as the basis for permit denial; imposition
29 of any permit condition; or application of any rule,
30 regulation, or ordinance by any subdivision of local,
31 regional, or state government; or
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1 (4) Be construed or cited as authority by any
2 governmental agency to reduce or restrict the rights of owners
3 of lands so identified.
4 Section 7. Section 260.0142, Florida Statutes, is
5 amended to read:
6 260.0142 Florida Greenways and Trails Council;
7 composition; powers and duties.--
8 (1) There is hereby created within the department of
9 Environmental Protection the Florida Greenways and Trails
10 Council which shall advise the department in the execution of
11 the department's powers and duties under this chapter. The
12 council shall be composed of 21 members, consisting of:
13 (a) Five members appointed by the Governor, with two
14 members representing the trail user community, two members
15 representing the greenway user community, and one member
16 representing private landowners. Of the initial appointments,
17 two shall be appointed for 2-year terms and three shall be
18 appointed for 1-year terms. Subsequent appointments shall be
19 for 2-year terms.
20 (b) Three members appointed by the President of the
21 Senate, with one member representing the trail user community
22 and two members representing the greenway user community.
23 Those eligible to represent the greenway user community shall
24 be chosen from, but not limited to, conservation
25 organizations, nature study organizations, and scientists and
26 university experts. Of the initial appointments, two shall be
27 appointed for 2-year terms and one shall be appointed for a
28 1-year term. Subsequent appointments shall be for 2-year
29 terms.
30 (c) Three members appointed by the Speaker of the
31 House of Representatives, with two members representing the
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1 trail user community and one member representing the greenway
2 user community. Of the initial appointments, two shall be
3 appointed for 2-year terms and one shall be appointed for a
4 1-year term. Subsequent appointments shall be for 2-year
5 terms. Those eligible to represent the trail user community
6 shall be chosen from, but not be limited to, paved trail
7 users, hikers, off-road bicyclists, users of off-highway
8 vehicles, paddlers, equestrians, disabled outdoor recreational
9 users, and commercial recreational interests. Those eligible
10 to represent the greenway user community shall be chosen from,
11 but not be limited to, conservation organizations, nature
12 study organizations, and scientists and university experts.
13 (d) The 10 remaining members shall include:
14 1. The Secretary of Environmental Protection or a
15 designee;
16 2. The executive director of the Fish and Wildlife
17 Conservation Commission or a designee;
18 3. The Secretary of Community Affairs or a designee;
19 4. The Secretary of Transportation or a designee;
20 5. The Director of the Division of Forestry of the
21 Department of Agriculture and Consumer Services or a designee;
22 6. The director of the Division of Historical
23 Resources of the Department of State or a designee;
24 7. A representative of the water management districts
25 who shall serve for 1 year. Membership on the council shall
26 rotate among the five districts. The districts shall determine
27 the order of rotation;
28 8. A representative of a federal land management
29 agency. The Secretary of Environmental Protection shall
30 identify the appropriate federal agency and request
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1 designation of a representative from the agency to serve on
2 the council;
3 9. A representative of the regional planning councils
4 to be appointed by the Secretary of Environmental Protection,
5 in consultation with the Secretary of Community Affairs.
6 Membership on the council shall rotate among the seven
7 regional planning councils. The regional planning councils
8 shall determine the order of rotation, for a single 2-year
9 term. The representative shall not be selected from the same
10 regional planning council for successive terms; and
11 10. A representative of local governments to be
12 appointed by the Secretary of Environmental Protection, in
13 consultation with the Secretary of Community Affairs, for a
14 single 2-year term. Membership shall alternate between a
15 county representative and a municipal representative.
16
17 The term of all appointees shall be for 2 years unless
18 otherwise specified. The appointees of the Governor, the
19 President of the Senate, and the Speaker of the House of
20 Representatives may be reappointed for no more than four
21 consecutive terms. The representative of the water management
22 districts, regional planning councils, and local governments
23 may be reappointed for no more than two consecutive terms. All
24 other appointees may serve until replaced.
25 (2) The department shall provide necessary staff
26 assistance to the council.
27 (3) The council is authorized to contract for and to
28 accept gifts, grants, or other aid from the United States
29 Government or any person or corporation.
30 (3)(4) The duties of the council shall include, but
31 not be limited to, the following:
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1 (a) Advise the Department of Environmental Protection,
2 the Department of Community Affairs, the Department of
3 Transportation, the Fish and Wildlife Conservation Commission,
4 the Division of Forestry of the Department of Agriculture and
5 Consumer Services, the water management districts, and the
6 regional planning councils on policies relating to the Florida
7 Greenways and Trails System, and promote intergovernmental
8 cooperation;
9 (a)(b) Facilitate a statewide system of interconnected
10 landscape linkages, conservation corridors, greenbelts,
11 recreational corridors and trails, scenic corridors,
12 utilitarian corridors, reserves, regional parks and preserves,
13 ecological sites, and cultural/historic/recreational sites,
14 using;
15 (c) Facilitate a statewide system of interconnected
16 land-based trails that connect urban, suburban, and rural
17 areas of the state and facilitate expansion of the statewide
18 system of freshwater and saltwater paddling trails.;
19 (b)(d) Recommend priorities for critical links in the
20 Florida Greenways and Trails System.;
21 (c)(e) Review recommendations of the office
22 applications for acquisition funding under the Florida
23 Greenways and Trails Program and recommend to the Secretary of
24 Environmental Protection which projects should be acquired.;
25 (f) Provide funding recommendations to agencies and
26 organizations regarding the acquisition, development, and
27 management of greenways and trails, including the promotion of
28 private landowner incentives;
29 (d)(g) Review designation proposals for inclusion in
30 the Florida Greenways and Trails System.;
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1 (h) Provide advocacy and education to benefit the
2 statewide system of greenways and trails by encouraging
3 communication and conferencing;
4 (e)(i) Encourage public-private partnerships to
5 develop and manage greenways and trails.;
6 (f)(j) Review progress toward meeting established
7 benchmarks and recommend appropriate action.;
8 (g)(k) Make recommendations for updating and revising
9 the implementation plan for the Florida Greenways and Trails
10 System.;
11 (l) Advise the Land Acquisition and Management
12 Advisory Council or its successor to ensure the incorporation
13 of greenways and trails in land management plans on lands
14 managed by the Department of Environmental Protection, the
15 Fish and Wildlife Conservation Commission, the Division of
16 Historical Resources of the Department of State, and the
17 Division of Forestry of the Department of Agriculture and
18 Consumer Services;
19 (m) Provide advice and assistance to the Department of
20 Transportation and the water management districts regarding
21 the incorporation of greenways and trails into their planning
22 efforts;
23 (n) Encourage land use, environmental, and coordinated
24 linear infrastructure planning to facilitate the
25 implementation of local, regional, and statewide greenways and
26 trails systems;
27 (h)(o) Promote greenways and trails support
28 organizations.; and
29 (i)(p) Support the Florida Greenways and Trails System
30 through intergovernmental coordination, budget
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1 recommendations, advocacy, education, and in any other
2 appropriate way.
3 (4)(5) The council shall establish procedures for
4 conducting its affairs in execution of the duties and
5 responsibilities stated in this section, which operating
6 procedures shall include determination of a council chair and
7 other appropriate operational guidelines. The council shall
8 meet at the call of the chair, or at such times as may be
9 prescribed by its operating procedures. The council may
10 establish committees to conduct the work of the council and
11 the committees may include nonmembers as appropriate.
12 (5)(6) A vacancy on the council shall be filled for
13 the remainder of the unexpired term in the same manner as the
14 original appointment. Members whose terms have expired may
15 continue to serve until replaced or reappointed. No member
16 shall serve on the council for more than two consecutive
17 terms.
18 (6)(7) Members of the council may shall not receive
19 any compensation for their services but are shall be entitled
20 to receive reimbursement for per diem and travel expenses
21 incurred in the performance of their duties, as provided in s.
22 112.061.
23 Section 8. Section 260.0143, Florida Statutes, is
24 created to read:
25 260.0143 Florida Circumnavigation Saltwater Paddling
26 Trail.--
27 (1) The Legislature creates the Florida
28 Circumnavigation Saltwater Paddling Trail as part of the
29 Florida Greenways and Trails System.
30 (2) The department shall establish the initial
31 starting and ending points, by latitude and longitude, of the
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1 trail segments described in subsection (3) within 180 days
2 after the effective date after this act. Except for the Big
3 Bend Saltwater Paddling Trail, segment 6, the department has
4 the exclusive authority to officially name and locate the
5 remaining 25 trail segments. The department shall name and
6 locate the segments based on logical geographical boundaries,
7 safety to trail users, ease of management, desires of local
8 communities and user groups, and other factors that assist in
9 the overall success of the trail system. The department may
10 adjust the location of any trail segment, give official
11 recognition to specific sites along the trail route, publish
12 official trail guides and literature in cooperation with other
13 governmental entities, and resolve conflicts that may arise
14 between competing and conflicting parties over trail issues.
15 The Florida Greenways and Trails Council shall advise the
16 department on all matters relating to the paddling trail. By
17 January 1, 2008, the department shall prepare and provide to
18 the Governor, the President of the Senate, and the Speaker of
19 the House of Representatives a report setting forth the names
20 and locations adopted for each trail segment.
21 (3) The Florida Circumnavigation Saltwater Paddling
22 Trail is composed of 26 segments that start at the
23 Florida/Alabama border on the west and end at the
24 Florida/Georgia border on the east. The general geographic
25 locations of the segments are:
26 (a) Segment 1: Pensacola/Fort Pickens.
27 (b) Segment 2: Choctawhatchee Bay.
28 (c) Segment 3: Panama City Beach/St. Andrews Bay.
29 (d) Segment 4: St. Joseph Bay/Apalachicola Bay.
30 (e) Segment 5: Alligator Harbor/Ochlockonee Bay.
31 (f) Segment 6: Big Bend Saltwater Paddling Trail.
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1 (g) Segment 7: Crystal Bay/St. Martin's.
2 (h) Segment 8: Pinellas.
3 (i) Segment 9: Tampa Bay/Longboat Key.
4 (j) Segment 10: Sarasota/Venice.
5 (k) Segment 11: Charlotte Harbor.
6 (l) Segment 12: Sanibel/Estero Bay.
7 (m) Segment 13: Rookery Bay/Ten Thousand Islands.
8 (n) Segment 14: Everglades National Park.
9 (o) Segment 15: Florida Keys.
10 (p) Segment 16: Biscayne Bay.
11 (q) Segment 17: Hollywood/Ft. Lauderdale.
12 (r) Segment 18: Pompano Beach/Lake Worth.
13 (s) Segment 19: Palm Beach/Loxahatchee.
14 (t) Segment 20: Hobe Sound/Ft. Pierce.
15 (u) Segment 21: Vero Beach/Indian River.
16 (v) Segment 22: Merritt Island/Mosquito Lagoon.
17 (w) Segment 23: Tomoka/Flagler.
18 (x) Segment 24: Anastasia/Guana River.
19 (y) Segment 25: Jacksonville/St. Johns River.
20 (z) Segment 26: Nassau/Fort Clinch.
21 Section 9. Paragraph (c) of subsection (1) of section
22 260.015, Florida Statutes, is amended to read:
23 260.015 Acquisition of land.--
24 (1) The department is authorized to acquire by gift or
25 purchase the fee simple absolute title or any lesser interest
26 in land, including easements, for the purposes of ss.
27 260.011-260.018 pursuant to the provisions of chapter 375,
28 except that:
29 (c) Projects acquired under this chapter shall not be
30 subject to the evaluation and selection procedures of s.
31 259.035, regardless of the estimated value of such projects.
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1 All projects shall be acquired in accordance with the
2 acquisition procedures of chapter 259, except that the
3 department may use the appraisal procedure used by the
4 Department of Transportation to acquire transportation
5 rights-of-way. When a parcel is estimated to be valued at
6 $100,000 or less and the department finds that the costs of
7 obtaining an outside appraisal are not justified, an appraisal
8 prepared by the department may be used.
9 Section 10. Subsection (1) and paragraph (a) of
10 subsection (2) of section 260.016, Florida Statutes, are
11 amended to read:
12 260.016 General powers of the department.--
13 (1) The department may:
14 (a) Publish and distribute appropriate maps of
15 designated greenways and trails. The description shall include
16 a generalized map delineating the area designated, location of
17 suitable ingress and egress sites, as well as other points of
18 interest to enhance the recreational opportunities of the
19 public.
20 (b) Establish access routes and related public-use
21 facilities along greenways and trails which will not
22 substantially interfere with the nature and purposes of the
23 greenway or trail.
24 (b)(c) Adopt appropriate rules to implement or
25 interpret this act and portions of chapter 253 relating to
26 greenways and trails, which may include, but are not limited
27 to, rules for the following:
28 1. Establishing a designation process.
29 2. Negotiating and executing agreements with private
30 landowners.
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1 3. Establishing prohibited activities or restrictions
2 on activities to protect the health, safety, and welfare of
3 the public.
4 4. Charging fees for use.
5 5. Providing public access.
6 6. Providing for maintenance.
7 7. Any matter necessary to the evaluation, selection,
8 operation, and maintenance of greenways and trails.
9
10 Any person who violates or otherwise fails to comply with the
11 rules adopted pursuant to subparagraph 3. commits a
12 noncriminal infraction for which a fine of up to $500 may be
13 imposed.
14 (c)(d) Coordinate the activities of all governmental
15 units and bodies and special districts that desire to
16 participate in the development and implementation of the
17 Florida Greenways and Trails System.
18 (d)(e) Establish, develop, and publicize greenways and
19 trails in a manner that will permit public recreation when
20 appropriate without damaging natural resources. The Big Bend
21 Historic Saltwater Paddling Trail from the St. Marks River to
22 Yankeetown is hereby designated as part of the Florida
23 Greenways and Trails System. Additions to this trail may be
24 added by the Legislature or the department from time to time
25 as part of the a statewide saltwater circumnavigation trail.
26 (e)(f) Enter into agreements with any federal, state,
27 or local governmental agency, or any other entity for the
28 management of greenways and trails for recreation and
29 conservation purposes consistent with the intent of this
30 chapter. Such entities must demonstrate their capabilities of
31 management for the purposes defined in ss. 260.011-260.018.
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1 (f)(g) Charge reasonable fees or rentals for the use
2 or operation of facilities and concessions. All such fees,
3 rentals, or other charges collected shall be deposited in the
4 account or trust fund of the managing entity.
5 (g)(h) Receive or accept from any legal source, grants
6 for the purpose of providing or improving public greenways and
7 trails, and the department is authorized to disburse funds as
8 pass-through grants to federal, state, or local government
9 agencies, recognized tribal units, or to nonprofit entities
10 created for this purpose. The department has authority to
11 adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
12 the provisions of this subsection. Such rules shall provide,
13 but are not limited to, the following: procedures for grant
14 administration and accountability; eligibility, selection
15 criteria; maximum grant amounts and number of pending grants;
16 dedication requirements; and conversion procedures and
17 requirements.
18 (2) The department shall:
19 (a) Evaluate lands for the acquisition of greenways
20 and trails and compile a list of suitable corridors,
21 greenways, and trails, ranking them in order of priority for
22 proposed acquisition. The department shall devise a method of
23 evaluation which includes, but is not limited to, the
24 consideration of the importance and function of such corridors
25 within the statewide system as reflected on the opportunity
26 maps and by landowners' willingness to negotiate.
27 Section 11. Section 335.067, Florida Statutes, is
28 created to read:
29 335.067 Conserve by Bicycle Program.--There is created
30 within the Department of Transportation the Conserve by
31 Bicycle Program.
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1 (1) The purposes of the Conserve by Bicycle Program
2 are to:
3 (a) Save energy by increasing the number of miles
4 ridden on bicycles, thereby reducing the usage of
5 petroleum-based fuels.
6 (b) Increase efficiency of cycling as a transportation
7 mode by improving interconnectivity.
8 (c) Reduce traffic congestion on existing roads.
9 (d) Provide recreational opportunities for Florida
10 residents and visitors.
11 (e) Provide healthy alternatives to help reduce the
12 trend toward obesity and reduce long-term health costs.
13 (f) Provide safe ways for children to travel from
14 their homes to their schools by supporting the Safe Paths to
15 Schools Program.
16 (2) In order to help accomplish these purposes, the
17 department shall conduct a Conserve by Bicycle study, which
18 shall include a determination of:
19 (a) Where energy savings can be realized by the
20 creation of additional or safer bicycle facilities, such as
21 bicycle paths, bicycle lanes, and other safe locations for
22 bicycle use, which reduce the use of motor vehicles in the
23 area.
24 (b) Geographic areas and other market segments where
25 the use of education and marketing programs can covert motor
26 vehicle trips into bicycle trips.
27 (c) How and under what circumstances the construction
28 of bicycling facilities can provide more opportunities for
29 recreation and how exercise can lead to a reduction of health
30 risks associated with a sedentary lifestyle.
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1 (d) How the Safe Paths to Schools Program and other
2 similar programs can reduce school-related commuter traffic,
3 which will result in energy and roadway savings as well as
4 improve the health of children throughout the state.
5 (e) How partnerships can be created among interested
6 parties in the fields of transportation, law enforcement,
7 education, public health, environmental restoration and
8 conservation, and energy conservation to achieve a better
9 possibility of success for the Conserve by Bicycle Program.
10 (3) The study must produce measurable criteria that
11 can be used by the department to determine where and under
12 what circumstances the construction of bicycling facilities
13 will produce energy savings and reduce the need for and cost
14 of roadway capacity as well as realize the associated health
15 benefits.
16 (4) The department shall conduct the study with the
17 assistance of the State Pedestrian/Bicycle Coordinator,
18 metropolitan planning organizations, the Office of Greenways
19 and Trails of the Department of Environmental Protection, and
20 the Department of Health.
21 (5) By July 1, 2007, if sufficient funds are available
22 in the department's budget or from the Federal Government, the
23 study shall be completed and shall be submitted to the
24 Governor, the President of the Senate, the Speaker of the
25 House of Representatives, the Secretary of Transportation, the
26 Secretary of Environmental Protection, and the Secretary of
27 Health.
28 Section 12. Paragraph (k) of subsection (4) of section
29 373.199, Florida Statutes, is amended to read:
30 373.199 Florida Forever Water Management District Work
31 Plan.--
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1 (4) The list submitted by the districts shall include,
2 where applicable, the following information for each project:
3 (k) An identification of the proposed public access
4 for projects with land acquisition components, including the
5 Florida National Scenic Trail.
6 Section 13. Subsection (4) of section 380.507, Florida
7 Statutes, is amended to read:
8 380.507 Powers of the trust.--The trust shall have all
9 the powers necessary or convenient to carry out the purposes
10 and provisions of this part, including:
11 (4) To acquire and dispose of real and personal
12 property or any interest therein when necessary or appropriate
13 to protect the natural environment, provide public access or
14 public recreational facilities including the Florida National
15 Scenic Trail, preserve wildlife habitat areas, provide access
16 for managing acquired lands, or otherwise carry out the
17 purposes of this part. If the trust acquires land for
18 permanent state ownership, title to such land shall be vested
19 in the Board of Trustees of the Internal Improvement Trust
20 Fund; otherwise, title to property acquired in partnership
21 with a county or municipality shall vest in the name of the
22 local government. Notwithstanding any other provision of law,
23 the trust may enter into an option agreement to purchase lands
24 included in projects approved according to this part, when
25 necessary to reserve lands during the preparation of project
26 plans and during acquisition proceedings. The consideration
27 for an option shall not exceed $100,000.
28 Section 14. This act shall take effect upon becoming a
29 law.
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2 SENATE SUMMARY
3 Supports and encourages development and completion of the
Florida National Scenic Trail. Requires the Department of
4 Environmental Protection to secure written authorization
before permitting public access to private land that the
5 landowner has agreed to designate as part of the state's
greenways and trail system. Requires the department to
6 provide notice of a meeting at which it intends to
designate such private land. Disallows certain
7 acquisitions. Revises powers, duties, and membership of
the Florida Greenways and Trails Council. Removes
8 provisions for appraisal of certain property by the
Department of Environmental Protection. Revises the
9 department's powers relating to greenways and trails.
Creates and generally specifies segments of the Florida
10 Circumnavigation Saltwater Paddling Trail. Requires the
Department of Environmental Protection to name, locate,
11 publicize, report on, and perform certain trail
managerial functions. Requires the Florida Greenways and
12 Trails Council to provide advice regarding the trail.
Creates the Conserve by Bicycle Program in the Department
13 of Transportation. Requires the department, with
assistance from specified organizations, the State
14 Pedestrian/Bicycle Coordinator, metropolitan planning
organizations, and the Department of Environmental
15 Protection, to conduct a Conserve by Bicycle study.
Requires submittal of the study to the secretaries of
16 Transportation, Environmental Protection, and Health
under certain circumstances. Revises provisions relating
17 to acquisition or disposition of certain property under
the Florida Communities Trust Program. (See bill for
18 details.)
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