Senate Bill sb0774c1

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    Florida Senate - 2005                            CS for SB 774

    By the Committee on Environmental Preservation; and Senator
    Dockery




    592-1635-05

  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;

10         transferring, renumbering, and amending s.

11         260.013, F.S.; revising definitions; amending

12         s. 260.0141, F.S.; deleting provisions

13         authorizing certain acquisitions; amending s.

14         260.0142, F.S.; revising the powers and duties

15         of the Florida Greenways and Trails Council;

16         extending the terms of certain appointees;

17         providing for reappointment of appointees;

18         amending eligibility requirements for

19         appointees of the trail-user community to

20         include users of off-road highway vehicles;

21         amending s. 260.015, F.S.; requiring the

22         appraisal of certain property by the

23         department; amending s. 260.016, F.S.; revising

24         the general powers of the Department of

25         Environmental Protection relating to greenways

26         and trails; creating s. 260.20, F.S.; creating

27         and specifying segments of the Florida

28         Circumnavigation Saltwater Paddling Trail;

29         requiring the Department of Environmental

30         Protection to name and locate segments and

31         provide a report; authorizing the department to

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 1         relocate segments and perform certain

 2         trail-management and publication functions;

 3         authorizing the Florida Greenways and Trails

 4         Council to advise the department regarding the

 5         trail; amending s. 373.199, F.S.; requiring the

 6         water management districts to include

 7         information about the Florida National Scenic

 8         Trail in the 5-year work plans; amending s.

 9         380.507, F.S.; revising provisions relating to

10         the acquisition or disposition of certain

11         property under the Florida Communities Trust

12         Program; providing an effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  The Division of Statutory Revision is

17  requested to change the title of chapter 260, Florida

18  Statutes, to "FLORIDA GREENWAYS AND TRAILS."

19         Section 2.  Section 260.011, Florida Statutes, is

20  amended to read:

21         260.011  Short title.--Sections 260.011-260.018 shall

22  be known and may be cited as the "Florida Greenways and Trails

23  Act."

24         Section 3.  Subsections (1), (2), and (6) of section

25  260.012, Florida Statutes, are amended to read:

26         260.012  Declaration of policy and legislative

27  intent.--

28         (1)  In order to recognize the benefits of the outdoor

29  areas of Florida, and in order to conserve, develop, and use

30  the natural resources of this state for healthful and

31  recreational purposes, it is declared to be the public policy

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 1  of this state and the purpose of ss. 260.011-260.018 to

 2  provide the means and procedures for establishing and

 3  expanding a statewide system of greenways and trails for

 4  recreational and conservation purposes which shall be

 5  designated as the "Florida Greenways and Trails System." The

 6  standards by which the greenways and trails system shall be

 7  acquired, designated, administered, maintained, used, and

 8  expanded shall be consistent with the provisions of ss.

 9  260.011-260.018. It is the intent of the Legislature that

10  these greenways and trails will serve to implement the

11  concepts of ecosystems management while providing, where

12  appropriate, recreational opportunities, including, but not

13  limited to, equestrian activities horseback riding, hiking,

14  bicycling, canoeing, jogging, and historical and

15  archaeological interpretation, thereby improving the health

16  and welfare of the people.

17         (2)  It is the intent of the Legislature that a

18  statewide system of greenways and trails be established to

19  provide open space benefiting environmentally sensitive lands

20  and wildlife and providing people with access to healthful

21  outdoor activities.  It is also the intent of the Legislature

22  to acquire or designate lands and waterways to facilitate the

23  establishment of a statewide system of greenways and trails;

24  to encourage the multiple use of public rights-of-way and use

25  to the fullest extent existing and future scenic roads,

26  highways, park roads, parkways, greenways, trails, and

27  national recreational trails; to encourage the development of

28  greenways and trails by counties, cities, and special

29  districts, and nongovernmental organizations to assist in such

30  development by any means available; to coordinate greenway and

31  trail plans and development by local governments with one

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 1  another and with the state government and Federal Government;

 2  to encourage, whenever possible, the development of greenways

 3  and trails on federal lands by the Federal Government; and to

 4  encourage the owners of private lands to protect the existing

 5  ecological, historical, and cultural values of their lands,

 6  including those values derived from working landscapes.

 7         (6)  It is the intent of the Legislature to officially

 8  recognize the Florida National Scenic Trail as Florida's

 9  official statewide nonmotorized trail, extending from the

10  Florida Panhandle to the Everglades and the Florida Keys, an

11  approximate length of more than 1,400 miles. The Legislature

12  recognizes the major contributions made to further the

13  establishment of the Florida National Scenic Trail by the

14  United States Government, including significant funding, and

15  the efforts of private landowners, state government, and

16  not-for-profit entities such as the Florida Trail Association.

17  The Legislature also recognizes the significant economic

18  benefit of nature-based recreation and the contributions to

19  the state's economy which arise from the creation and

20  completion of the trail. In order to further its commitment to

21  the residents of this state and the United States Government

22  to complete the establishment of the trail in a permanent

23  location, the Legislature:

24         (a)  Encourages each state, regional, and local agency

25  that acquires lands to acquire property interests in the lands

26  over which the trail passes which are sufficient to ensure

27  that the trail remains in a permanent location.

28         (b)  Officially recognizes, for establishment and

29  acquisition purposes, the route of the trail as determined by

30  the U.S.D.A. Forest Service, assisted by the Florida Trail

31  

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 1  Association, in the publication entitled "Preferred Routing

 2  for the Florida National Scenic Trail."

 3         (c)  Encourages state land-buying agencies to consider,

 4  with the assistance of the Florida Trail Association and the

 5  office, the Florida National Scenic Trail as a single project

 6  with multiple phases for the purposes of listing property for

 7  and completing acquisitions.

 8         (d)  Encourages the use of private funds to supplement

 9  the state's funding for acquisition of fee or less-than-fee

10  interests in land containing designated portions of the

11  Florida National Scenic Trail.

12         (e)  Encourages private landowners to continue to allow

13  the use of their property for purposes of the Florida National

14  Scenic Trail by providing limited liability protection and

15  encouraging provision of additional incentives for such

16  landowners.

17         (f)  Encourages state and local agencies having

18  economic and ecotourism development responsibilities to

19  recognize the importance of the Florida National Scenic Trail

20  in bringing nature-based tourism to communities along the

21  trail route and to support acquisition and development

22  activities for completion of the trail in a permanent

23  location. It is also the intent of the Legislature to

24  encourage all state, regional, and local agencies who acquire

25  lands to include in their land-buying efforts the acquisition

26  of sufficient legal interest in the lands over which the trail

27  passes to ensure its continued existence in a permanent

28  location.

29         Section 4.  Section 260.013, Florida Statutes, is

30  transferred, renumbered as section 260.0111, Florida Statutes,

31  and amended to read:

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 1         260.0111 260.013  Definitions.--As used in ss.

 2  260.011-260.018, unless the context otherwise requires:

 3         (1)  "Board" means the Board of Trustees of the

 4  Internal Improvement Trust Fund.

 5         (2)  "Department" means the Department of Environmental

 6  Protection.

 7         (3)  "Designation" means the identification and

 8  inclusion of specific lands and waterways as part of the

 9  statewide system of greenways and trails pursuant to a formal

10  public process, including the specific written consent of the

11  landowner. When the department determines that public access

12  is appropriate for greenways and trails, written authorization

13  must be granted by the landowner to the department permitting

14  public access to all or a specified part of the landowner's

15  property. The department's determination shall be noticed

16  pursuant to s. 120.525, and the department shall also notify

17  the landowner by certified mail at least 7 days before any

18  public meeting regarding the intent to designate.

19         (4)  "Greenway" means a linear open space established

20  along either a natural corridor, such as a riverfront, stream

21  valley, or ridgeline, or over land along a railroad

22  right-of-way converted to recreational use, a canal, a scenic

23  road, or other route; any natural or landscaped course for

24  pedestrian or bicycle passage; an open space connector linking

25  parks, nature reserves, cultural features, or historic sites

26  with each other and populated areas; or a local strip or

27  linear park designated as a parkway or greenbelt.

28         (5)  "Office" means the Office of Greenways and Trails

29  of the Department of Environmental Protection.

30         (6)(5)  "Trails" means linear corridors and any

31  adjacent support parcels on land or water providing public

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 1  access for recreation or authorized alternative modes of

 2  transportation.

 3         Section 5.  Section 260.0141, Florida Statutes, is

 4  amended to read:

 5         260.0141  Greenways and Trails Program.--There is

 6  established within the department the "Florida Greenways and

 7  Trails Program," the purpose of which is to facilitate the

 8  establishment of a statewide system of greenways and trails.

 9  Such greenways and trails shall be acquired pursuant to this

10  act. Planning materials, maps, data, and other information

11  developed or used in the program shall not be construed as

12  designation of lands as part of the statewide system of

13  greenways and trails. Identification of lands in such

14  information shall not:

15         (1)  Require or empower any unit of local or regional

16  government, or any state agency, to impose additional or more

17  restrictive environmental, land-use, or zoning regulations;

18         (2)  Be construed or cited as authority to adopt,

19  enforce, or amend any environmental rule or regulation;

20  comprehensive plan goals, policies, or objectives; or zoning

21  or land-use ordinance;

22         (3)  Be used as the basis for permit denial; imposition

23  of any permit condition; or application of any rule,

24  regulation, or ordinance by any subdivision of local,

25  regional, or state government; or

26         (4)  Be construed or cited as authority by any

27  governmental agency to reduce or restrict the rights of owners

28  of lands so identified.

29         Section 6.  Section 260.0142, Florida Statutes, is

30  amended to read:

31  

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 1         260.0142  Florida Greenways and Trails Council;

 2  composition; powers and duties.--

 3         (1)  There is hereby created within the department of

 4  Environmental Protection the Florida Greenways and Trails

 5  Council which shall advise the department in the execution of

 6  the department's powers and duties under this chapter. The

 7  council shall be composed of 21 members, consisting of:

 8         (a)  Five members appointed by the Governor, with two

 9  members representing the trail user community, two members

10  representing the greenway user community, and one member

11  representing private landowners. Of the initial appointments,

12  two shall be appointed for 2-year terms and three shall be

13  appointed for 1-year terms.  Subsequent appointments shall be

14  for 2-year terms.

15         (b)  Three members appointed by the President of the

16  Senate, with one member representing the trail user community

17  and two members representing the greenway user community. Of

18  the initial appointments, two shall be appointed for 2-year

19  terms and one shall be appointed for a 1-year term. Subsequent

20  appointments shall be for 2-year terms.

21         (c)  Three members appointed by the Speaker of the

22  House of Representatives, with two members representing the

23  trail user community and one member representing the greenway

24  user community.  Of the initial appointments, two shall be

25  appointed for 2-year terms and one shall be appointed for a

26  1-year term.  Subsequent appointments shall be for 2-year

27  terms.

28  

29  Those eligible to represent the trail user community shall be

30  chosen from, but not be limited to, paved trail users, hikers,

31  off-road bicyclists, users of off-highway vehicles, paddlers,

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 1  equestrians, disabled outdoor recreational users, and

 2  commercial recreational interests. Those eligible to represent

 3  the greenway user community shall be chosen from, but not be

 4  limited to, conservation organizations, nature study

 5  organizations, and scientists and university experts.

 6         (d)  The 10 remaining members shall include:

 7         1.  The Secretary of Environmental Protection or a

 8  designee;

 9         2.  The executive director of the Fish and Wildlife

10  Conservation Commission or a designee;

11         3.  The Secretary of Community Affairs or a designee;

12         4.  The Secretary of Transportation or a designee;

13         5.  The Director of the Division of Forestry of the

14  Department of Agriculture and Consumer Services or a designee;

15         6.  The director of the Division of Historical

16  Resources of the Department of State or a designee;

17         7.  A representative of the water management districts

18  who shall serve for 1 year. Membership on the council shall

19  rotate among the five districts. The districts shall determine

20  the order of rotation;

21         8.  A representative of a federal land management

22  agency. The Secretary of Environmental Protection shall

23  identify the appropriate federal agency and request

24  designation of a representative from the agency to serve on

25  the council;

26         9.  A representative of the regional planning councils

27  to be appointed by the Secretary of Environmental Protection,

28  in consultation with the Secretary of Community Affairs.

29  Membership on the council shall rotate among the seven

30  regional planning councils. The regional planning councils

31  shall determine the order of rotation, for a single 2-year

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 1  term. The representative shall not be selected from the same

 2  regional planning council for successive terms; and

 3         10.  A representative of local governments to be

 4  appointed by the Secretary of Environmental Protection, in

 5  consultation with the Secretary of Community Affairs, for a

 6  single 2-year term.  Membership shall alternate between a

 7  county representative and a municipal representative.

 8  

 9  The term of all appointees shall be for 2 years unless

10  otherwise specified. The appointees of the Governor, the

11  President of the Senate, and the Speaker of the House of

12  Representatives may be reappointed for no more than four

13  consecutive terms. The representative of the water management

14  districts, regional planning councils, and local governments

15  may be reappointed for no more than two consecutive terms. All

16  other appointees may serve until replaced.

17         (2)  The department shall provide necessary staff

18  assistance to the council.

19         (3)  The council is authorized to contract for and to

20  accept gifts, grants, or other aid from the United States

21  Government or any person or corporation.

22         (3)(4)  The duties of the council shall include, but

23  not be limited to, the following:

24         (a)  Advise the Department of Environmental Protection,

25  the Department of Community Affairs, the Department of

26  Transportation, the Fish and Wildlife Conservation Commission,

27  the Division of Forestry of the Department of Agriculture and

28  Consumer Services, the water management districts, and the

29  regional planning councils on policies relating to the Florida

30  Greenways and Trails System, and promote intergovernmental

31  cooperation;

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 1         (a)(b)  Facilitate a statewide system of interconnected

 2  landscape linkages, conservation corridors, greenbelts,

 3  recreational corridors and trails, scenic corridors,

 4  utilitarian corridors, reserves, regional parks and preserves,

 5  ecological sites, and cultural/historic/recreational sites,

 6  using;

 7         (c)  Facilitate a statewide system of interconnected

 8  land-based trails that connect urban, suburban, and rural

 9  areas of the state and facilitate expansion of the statewide

10  system of freshwater and saltwater paddling trails.;

11         (b)(d)  Recommend priorities for critical links in the

12  Florida Greenways and Trails System.;

13         (c)(e)  Review recommendations of the office

14  applications for acquisition funding under the Florida

15  Greenways and Trails Program and recommend to the Secretary of

16  Environmental Protection which projects should be acquired.;

17         (f)  Provide funding recommendations to agencies and

18  organizations regarding the acquisition, development, and

19  management of greenways and trails, including the promotion of

20  private landowner incentives;

21         (d)(g)  Review designation proposals for inclusion in

22  the Florida Greenways and Trails System.;

23         (h)  Provide advocacy and education to benefit the

24  statewide system of greenways and trails by encouraging

25  communication and conferencing;

26         (e)(i)  Encourage public-private partnerships to

27  develop and manage greenways and trails.;

28         (f)(j)  Review progress toward meeting established

29  benchmarks and recommend appropriate action.;

30  

31  

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 1         (g)(k)  Make recommendations for updating and revising

 2  the implementation plan for the Florida Greenways and Trails

 3  System.;

 4         (l)  Advise the Land Acquisition and Management

 5  Advisory Council or its successor to ensure the incorporation

 6  of greenways and trails in land management plans on lands

 7  managed by the Department of Environmental Protection, the

 8  Fish and Wildlife Conservation Commission, the Division of

 9  Historical Resources of the Department of State, and the

10  Division of Forestry of the Department of Agriculture and

11  Consumer Services;

12         (m)  Provide advice and assistance to the Department of

13  Transportation and the water management districts regarding

14  the incorporation of greenways and trails into their planning

15  efforts;

16         (n)  Encourage land use, environmental, and coordinated

17  linear infrastructure planning to facilitate the

18  implementation of local, regional, and statewide greenways and

19  trails systems;

20         (h)(o)  Promote greenways and trails support

21  organizations.; and

22         (i)(p)  Support the Florida Greenways and Trails System

23  through intergovernmental coordination, budget

24  recommendations, advocacy, education, and in any other

25  appropriate way.

26         (4)(5)  The council shall establish procedures for

27  conducting its affairs in execution of the duties and

28  responsibilities stated in this section, which operating

29  procedures shall include determination of a council chair and

30  other appropriate operational guidelines. The council shall

31  meet at the call of the chair, or at such times as may be

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 1  prescribed by its operating procedures.  The council may

 2  establish committees to conduct the work of the council and

 3  the committees may include nonmembers as appropriate.

 4         (5)(6)  A vacancy on the council shall be filled for

 5  the remainder of the unexpired term in the same manner as the

 6  original appointment.  Members whose terms have expired may

 7  continue to serve until replaced or reappointed. No member

 8  shall serve on the council for more than two consecutive

 9  terms.

10         (6)(7)  Members of the council may shall not receive

11  any compensation for their services but are shall be entitled

12  to receive reimbursement for per diem and travel expenses

13  incurred in the performance of their duties, as provided in s.

14  112.061.

15         Section 7.  Paragraph (c) of subsection (1) of section

16  260.015, Florida Statutes, is amended to read:

17         260.015  Acquisition of land.--

18         (1)  The department is authorized to acquire by gift or

19  purchase the fee simple absolute title or any lesser interest

20  in land, including easements, for the purposes of ss.

21  260.011-260.018 pursuant to the provisions of chapter 375,

22  except that:

23         (c)  Projects acquired under this chapter shall not be

24  subject to the evaluation and selection procedures of s.

25  259.035, regardless of the estimated value of such projects.

26  All projects shall be acquired in accordance with the

27  acquisition procedures of chapter 259, except that the

28  department may use the appraisal procedure used by the

29  Department of Transportation to acquire transportation

30  rights-of-way.  When a parcel is estimated to be valued at

31  $100,000 or less and the department finds that the costs of

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 1  obtaining an outside appraisal are not justified, an appraisal

 2  prepared by the department may be used.

 3         Section 8.  Subsection (1) and paragraph (a) of

 4  subsection (2) of section 260.016, Florida Statutes, are

 5  amended to read:

 6         260.016  General powers of the department.--

 7         (1)  The department may:

 8         (a)  Publish and distribute appropriate maps of

 9  designated greenways and trails. The description shall include

10  a generalized map delineating the area designated, location of

11  suitable ingress and egress sites, as well as other points of

12  interest to enhance the recreational opportunities of the

13  public.

14         (b)  Establish access routes and related public-use

15  facilities along greenways and trails which will not

16  substantially interfere with the nature and purposes of the

17  greenway or trail.

18         (b)(c)  Adopt appropriate rules to implement or

19  interpret this act and portions of chapter 253 relating to

20  greenways and trails, which may include, but are not limited

21  to, rules for the following:

22         1.  Establishing a designation process.

23         2.  Negotiating and executing agreements with private

24  landowners.

25         3.  Establishing prohibited activities or restrictions

26  on activities to protect the health, safety, and welfare of

27  the public.

28         4.  Charging fees for use.

29         5.  Providing public access.

30         6.  Providing for maintenance.

31  

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 1         7.  Any matter necessary to the evaluation, selection,

 2  operation, and maintenance of greenways and trails.

 3  

 4  Any person who violates or otherwise fails to comply with the

 5  rules adopted pursuant to subparagraph 3. commits a

 6  noncriminal infraction for which a fine of up to $500 may be

 7  imposed.

 8         (c)(d)  Coordinate the activities of all governmental

 9  units and bodies and special districts that desire to

10  participate in the development and implementation of the

11  Florida Greenways and Trails System.

12         (d)(e)  Establish, develop, and publicize greenways and

13  trails in a manner that will permit public recreation when

14  appropriate without damaging natural resources. The Big Bend

15  Historic Saltwater Paddling Trail from the St. Marks River to

16  Yankeetown is hereby designated as part of the Florida

17  Greenways and Trails System.  Additions to this trail may be

18  added by the Legislature or the department from time to time

19  as part of the Florida a statewide saltwater Circumnavigation

20  Saltwater Paddling Trail created in s. 260.20.

21         (e)(f)  Enter into agreements with any federal, state,

22  or local governmental agency, or any other entity for the

23  management of greenways and trails for recreation and

24  conservation purposes consistent with the intent of this

25  chapter. Such entities must demonstrate their capabilities of

26  management for the purposes defined in ss. 260.011-260.018.

27         (f)(g)  Charge reasonable fees or rentals for the use

28  or operation of facilities and concessions.  All such fees,

29  rentals, or other charges collected shall be deposited in the

30  account or trust fund of the managing entity.

31  

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 1         (g)(h)  Receive or accept from any legal source, grants

 2  for the purpose of providing or improving public greenways and

 3  trails, and the department is authorized to disburse funds as

 4  pass-through grants to federal, state, or local government

 5  agencies, recognized tribal units, or to nonprofit entities

 6  created for this purpose. The department has authority to

 7  adopt rules pursuant to ss. 120.536(1) and 120.54 to implement

 8  the provisions of this subsection. Such rules shall provide,

 9  but are not limited to, the following: procedures for grant

10  administration and accountability; eligibility, selection

11  criteria; maximum grant amounts and number of pending grants;

12  dedication requirements; and conversion procedures and

13  requirements.

14         (2)  The department shall:

15         (a)  Evaluate lands for the acquisition of greenways

16  and trails and compile a list of suitable corridors,

17  greenways, and trails, ranking them in order of priority for

18  proposed acquisition. The department shall devise a method of

19  evaluation which includes, but is not limited to, the

20  consideration of the importance and function of such corridors

21  within the statewide system as reflected on the opportunity

22  maps and by landowners' willingness to negotiate.

23         Section 9.  Section 260.20, Florida Statutes, is

24  created to read:

25         260.20  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. For purposes of this

30  section, "trail" means the Florida Circumnavigation Saltwater

31  Paddling Trail.

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 1         (2)  The department shall establish the initial

 2  starting and ending points, by latitude and longitude, of the

 3  trail segments described in subsection (3) within 180 days

 4  after the effective date after this act. Except for the Big

 5  Bend Saltwater Paddling Trail, segment 6, the department has

 6  the exclusive authority to officially name and locate the

 7  remaining 25 trail segments.  The department shall name and

 8  locate the segments based on logical geographical boundaries,

 9  safety to trail users, ease of management, desires of local

10  communities and user groups, and other factors that assist in

11  the overall success of the Florida Greenways and Trails

12  System. The department may adjust the location of any trail

13  segment, give official recognition to specific sites along the

14  trail route, publish official trail guides and literature in

15  cooperation with other governmental entities, and resolve

16  conflicts that may arise between competing and conflicting

17  parties over trail issues. The Florida Greenways and Trails

18  Council shall advise the department on all matters relating to

19  the trail. By January 1, 2008, the department shall prepare

20  and provide to the Governor, the President of the Senate, and

21  the Speaker of the House of Representatives a report setting

22  forth the names and locations adopted for each trail segment.

23         (3)  The Florida Circumnavigation Saltwater Paddling

24  Trail is composed of 26 segments that start at the

25  Florida/Alabama border on the west and end at the

26  Florida/Georgia border on the east. The general geographic

27  locations of the segments are:

28         (a)  Segment 1: Pensacola/Fort Pickens.

29         (b)  Segment 2: Choctawhatchee Bay.

30         (c)  Segment 3: Panama City Beach/St. Andrews Bay.

31         (d)  Segment 4: St. Joseph Bay/Apalachicola Bay.

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 1         (e)  Segment 5: Alligator Harbor/Ochlockonee Bay.

 2         (f)  Segment 6: Big Bend Saltwater Paddling Trail.

 3         (g)  Segment 7: Crystal Bay/St. Martin's.

 4         (h)  Segment 8: Pinellas.

 5         (i)  Segment 9: Tampa Bay/Longboat Key.

 6         (j)  Segment 10: Sarasota/Venice.

 7         (k)  Segment 11: Charlotte Harbor.

 8         (l)  Segment 12: Sanibel/Estero Bay.

 9         (m)  Segment 13: Rookery Bay/Ten Thousand Islands.

10         (n)  Segment 14: Everglades National Park.

11         (o)  Segment 15: Florida Keys.

12         (p)  Segment 16: Biscayne Bay.

13         (q)  Segment 17: Hollywood/Ft. Lauderdale.

14         (r)  Segment 18: Pompano Beach/Lake Worth.

15         (s)  Segment 19: Palm Beach/Loxahatchee.

16         (t)  Segment 20: Hobe Sound/Ft. Pierce.

17         (u)  Segment 21: Vero Beach/Indian River.

18         (v)  Segment 22: Merritt Island/Mosquito Lagoon.

19         (w)  Segment 23: Tomoka/Flagler.

20         (x)  Segment 24: Anastasia/Guana River.

21         (y)  Segment 25: Jacksonville/St. Johns River.

22         (z)  Segment 26: Nassau/Fort Clinch.

23         Section 10.  Paragraph (k) of subsection (4) of section

24  373.199, Florida Statutes, is amended to read:

25         373.199  Florida Forever Water Management District Work

26  Plan.--

27         (4)  The list submitted by the districts shall include,

28  where applicable, the following information for each project:

29         (k)  An identification of the proposed public access

30  for projects with land acquisition components, including the

31  Florida National Scenic Trail.

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 1         Section 11.  Subsection (4) of section 380.507, Florida

 2  Statutes, is amended to read:

 3         380.507  Powers of the trust.--The trust shall have all

 4  the powers necessary or convenient to carry out the purposes

 5  and provisions of this part, including:

 6         (4)  To acquire and dispose of real and personal

 7  property or any interest therein when necessary or appropriate

 8  to protect the natural environment, provide public access or

 9  public recreational facilities including the Florida National

10  Scenic Trail, preserve wildlife habitat areas, provide access

11  for managing acquired lands, or otherwise carry out the

12  purposes of this part. If the trust acquires land for

13  permanent state ownership, title to such land shall be vested

14  in the Board of Trustees of the Internal Improvement Trust

15  Fund; otherwise, title to property acquired in partnership

16  with a county or municipality shall vest in the name of the

17  local government. Notwithstanding any other provision of law,

18  the trust may enter into an option agreement to purchase lands

19  included in projects approved according to this part, when

20  necessary to reserve lands during the preparation of project

21  plans and during acquisition proceedings. The consideration

22  for an option shall not exceed $100,000.

23         Section 12.  This act shall take effect upon becoming a

24  law.

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 774

 3                                 

 4  The committee substitute removes provisions relating to
    written authorization from landowners before public access to
 5  all or a specified part of the landowner's property is
    authorized, and public notice requirements for meetings where
 6  property is designated by the Department of Environmental
    Protection as part of the greenways and trails system.
 7  Current law relating to those same provisions is reinstated.
    The Conserve by Bicycle Program created in the Department of
 8  Transportation is deleted.

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