Senate Bill sb0774c2
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By the Committees on General Government Appropriations;
Environmental Preservation; and Senators Dockery and
Argenziano
601-2242-05
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. 110.501, F.S.;
6 conforming a cross-reference; amending s.
7 260.011, F.S.; clarifying the short title;
8 amending s. 260.012, F.S.; revising legislative
9 intent with respect to the development and
10 completion of the Florida National Scenic
11 Trail; transferring, renumbering, and amending
12 s. 260.013, F.S.; revising definitions;
13 amending s. 260.0141, F.S.; deleting provisions
14 authorizing certain acquisitions; amending s.
15 260.0142, F.S.; revising the powers and duties
16 of the Florida Greenways and Trails Council;
17 extending the terms of certain appointees;
18 providing for reappointment of appointees;
19 amending eligibility requirements for
20 appointees of the trail-user community to
21 include users of off-road highway vehicles;
22 amending s. 260.015, F.S.; requiring the
23 appraisal of certain property by the
24 department; amending s. 260.016, F.S.; revising
25 the general powers of the Department of
26 Environmental Protection relating to greenways
27 and trails; creating s. 260.20, F.S.; creating
28 and specifying segments of the Florida
29 Circumnavigation Saltwater Paddling Trail;
30 requiring the Department of Environmental
31 Protection to name and locate segments and
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1 provide a report; authorizing the department to
2 relocate segments and perform certain
3 trail-management and publication functions;
4 authorizing the Florida Greenways and Trails
5 Council to advise the department regarding the
6 trail; creating s. 260.021, F.S.; encouraging a
7 partnership between various organizations and
8 mining interests to develop recreational
9 opportunities on mined lands; creating s.
10 335.067, F.S.; creating the Conserve by Bicycle
11 Program in the Department of Transportation;
12 providing purposes of the program; directing
13 the department to conduct a study; directing
14 the State Pedestrian/Bicycle Coordinator,
15 metropolitan planning organizations, the Office
16 of Greenways and Trails of the Department of
17 Environmental Protection, and the Department of
18 Health to assist with the study; amending s.
19 373.199, F.S.; requiring the water management
20 districts to include information about the
21 Florida National Scenic Trail in the 5-year
22 work plans; repealing s. 378.036(6), F.S.,
23 relating to the formation and operation of a
24 nonprofit corporation to develop recreational
25 opportunities on mined lands; amending s.
26 380.507, F.S.; revising provisions relating to
27 the acquisition or disposition of certain
28 property under the Florida Communities Trust
29 Program; providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. The Division of Statutory Revision is
2 requested to change the title of chapter 260, Florida
3 Statutes, to "FLORIDA GREENWAYS AND TRAILS."
4 Section 2. Subsection (1) of section 110.501, Florida
5 Statutes, is amended to read:
6 110.501 Definitions.--As used in this act:
7 (1) "Volunteer" means any person who, of his or her
8 own free will, provides goods or services, or conveys an
9 interest in or otherwise consents to the use of real property
10 pursuant to chapter 260 ss. 260.011-260.018, to any state
11 department or agency, or nonprofit organization, with no
12 monetary or material compensation. A person registered and
13 serving in Older American Volunteer Programs authorized by the
14 Domestic Volunteer Service Act of 1973, as amended (Pub. L.
15 No. 93-113), is shall also be defined as a volunteer and shall
16 incur no civil liability as provided by s. 768.1355. A
17 volunteer is shall be eligible for payment of volunteer
18 benefits as specified in Pub. L. No. 93-113, this section, and
19 s. 430.204.
20 Section 3. Section 260.011, Florida Statutes, is
21 amended to read:
22 260.011 Short title.--Chapter 260 Sections
23 260.011-260.018 shall be known and may be cited as the
24 "Florida Greenways and Trails Act."
25 Section 4. Subsections (1), (2), (5), and (6) of
26 section 260.012, Florida Statutes, are amended to read:
27 260.012 Declaration of policy and legislative
28 intent.--
29 (1) In order to recognize the benefits of the outdoor
30 areas of Florida, and in order to conserve, develop, and use
31 the natural resources of this state for healthful and
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1 recreational purposes, it is declared to be the public policy
2 of this state and the purpose of this chapter ss.
3 260.011-260.018 to provide the means and procedures for
4 establishing and expanding a statewide system of greenways and
5 trails for recreational and conservation purposes which shall
6 be designated as the "Florida Greenways and Trails System."
7 The standards by which the greenways and trails system shall
8 be acquired, designated, administered, maintained, used, and
9 expanded shall be consistent with this chapter the provisions
10 of ss. 260.011-260.018. It is the intent of the Legislature
11 that these greenways and trails will serve to implement the
12 concepts of ecosystems management while providing, where
13 appropriate, recreational opportunities, including, but not
14 limited to, equestrian activities horseback riding, hiking,
15 bicycling, canoeing, jogging, and historical and
16 archaeological interpretation, thereby improving the health
17 and welfare of the people.
18 (2) It is the intent of the Legislature that a
19 statewide system of greenways and trails be established to
20 provide open space benefiting environmentally sensitive lands
21 and wildlife and providing people with access to healthful
22 outdoor activities. It is also the intent of the Legislature
23 to acquire or designate lands and waterways to facilitate the
24 establishment of a statewide system of greenways and trails;
25 to encourage the multiple use of public rights-of-way and use
26 to the fullest extent existing and future scenic roads,
27 highways, park roads, parkways, greenways, trails, and
28 national recreational trails; to encourage the development of
29 greenways and trails by counties, cities, and special
30 districts, and nongovernmental organizations to assist in such
31 development by any means available; to coordinate greenway and
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1 trail plans and development by local governments with one
2 another and with the state government and Federal Government;
3 to encourage, whenever possible, the development of greenways
4 and trails on federal lands by the Federal Government; and to
5 encourage the owners of private lands to protect the existing
6 ecological, historical, and cultural values of their lands,
7 including those values derived from working landscapes.
8 (5) The planning, development, operation, and
9 maintenance of the Florida Greenways and Trails System
10 authorized by this chapter ss. 260.011-260.018 is declared to
11 be a public purpose, and the Department of Environmental
12 Protection, together with other agencies of this state and all
13 counties, municipalities, and special districts of this state,
14 is authorized to spend public funds for such purposes and to
15 accept gifts and grants of funds, property, or property rights
16 from public or private sources to be used for such purposes.
17 (6) It is the intent of the Legislature to officially
18 recognize the Florida National Scenic Trail as Florida's
19 official statewide nonmotorized trail, extending from the
20 Florida Panhandle to the Everglades and the Florida Keys, an
21 approximate length of more than 1,400 miles. The Legislature
22 recognizes the major contributions made to further the
23 establishment of the Florida National Scenic Trail by the
24 United States Government, including significant funding, and
25 the efforts of private landowners, state government, and
26 not-for-profit entities such as the Florida Trail Association.
27 The Legislature also recognizes the significant economic
28 benefit of nature-based recreation and the contributions to
29 the state's economy which arise from the creation and
30 completion of the trail. In order to further its commitment to
31 the residents of this state and the United States Government
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1 to complete the establishment of the trail in a permanent
2 location, the Legislature:
3 (a) Encourages each state, regional, and local agency
4 that acquires lands to acquire property interests in the lands
5 over which the trail passes which are sufficient to ensure
6 that the trail remains in a permanent location.
7 (b) Officially recognizes, for establishment and
8 acquisition purposes, the route of the trail as determined by
9 the U.S.D.A. Forest Service, assisted by the Florida Trail
10 Association, in the publication entitled "Preferred Routing
11 for the Florida National Scenic Trail."
12 (c) Encourages state land-buying agencies to consider,
13 with the assistance of the Florida Trail Association and the
14 office, the Florida National Scenic Trail as a single project
15 with multiple phases for the purposes of listing property for
16 and completing acquisitions.
17 (d) Encourages the use of private funds to supplement
18 the state's funding for acquisition of fee or less-than-fee
19 interests in land containing designated portions of the
20 Florida National Scenic Trail.
21 (e) Encourages private landowners to continue to allow
22 the use of their property for purposes of the Florida National
23 Scenic Trail by providing limited liability protection and
24 encouraging provision of additional incentives for such
25 landowners.
26 (f) Encourages state and local agencies having
27 economic and ecotourism development responsibilities to
28 recognize the importance of the Florida National Scenic Trail
29 in bringing nature-based tourism to communities along the
30 trail route and to support acquisition and development
31 activities for completion of the trail in a permanent
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1 location. It is also the intent of the Legislature to
2 encourage all state, regional, and local agencies who acquire
3 lands to include in their land-buying efforts the acquisition
4 of sufficient legal interest in the lands over which the trail
5 passes to ensure its continued existence in a permanent
6 location.
7 Section 5. Section 260.013, Florida Statutes, is
8 transferred, renumbered as section 260.0111, Florida Statutes,
9 and amended to read:
10 260.0111 260.013 Definitions.--As used in this chapter
11 ss. 260.011-260.018, unless the context otherwise requires:
12 (1) "Board" means the Board of Trustees of the
13 Internal Improvement Trust Fund.
14 (2) "Department" means the Department of Environmental
15 Protection.
16 (3) "Designation" means the identification and
17 inclusion of specific lands and waterways as part of the
18 statewide system of greenways and trails pursuant to a formal
19 public process, including the specific written consent of the
20 landowner. When the department determines that public access
21 is appropriate for greenways and trails, written authorization
22 must be granted by the landowner to the department permitting
23 public access to all or a specified part of the landowner's
24 property. The department's determination shall be noticed
25 pursuant to s. 120.525, and the department shall also notify
26 the landowner by certified mail at least 7 days before any
27 public meeting regarding the intent to designate.
28 (4) "Greenway" means a linear open space established
29 along either a natural corridor, such as a riverfront, stream
30 valley, or ridgeline, or over land along a railroad
31 right-of-way converted to recreational use, a canal, a scenic
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1 road, or other route; any natural or landscaped course for
2 pedestrian or bicycle passage; an open space connector linking
3 parks, nature reserves, cultural features, or historic sites
4 with each other and populated areas; or a local strip or
5 linear park designated as a parkway or greenbelt.
6 (5) "Office" means the Office of Greenways and Trails
7 of the Department of Environmental Protection.
8 (6)(5) "Trails" means linear corridors and any
9 adjacent support parcels on land or water providing public
10 access for recreation or authorized alternative modes of
11 transportation.
12 Section 6. Section 260.0141, Florida Statutes, is
13 amended to read:
14 260.0141 Greenways and Trails Program.--There is
15 established within the department the "Florida Greenways and
16 Trails Program," the purpose of which is to facilitate the
17 establishment of a statewide system of greenways and trails.
18 Such greenways and trails shall be acquired pursuant to this
19 act. Planning materials, maps, data, and other information
20 developed or used in the program shall not be construed as
21 designation of lands as part of the statewide system of
22 greenways and trails. Identification of lands in such
23 information shall not:
24 (1) Require or empower any unit of local or regional
25 government, or any state agency, to impose additional or more
26 restrictive environmental, land-use, or zoning regulations;
27 (2) Be construed or cited as authority to adopt,
28 enforce, or amend any environmental rule or regulation;
29 comprehensive plan goals, policies, or objectives; or zoning
30 or land-use ordinance;
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1 (3) Be used as the basis for permit denial; imposition
2 of any permit condition; or application of any rule,
3 regulation, or ordinance by any subdivision of local,
4 regional, or state government; or
5 (4) Be construed or cited as authority by any
6 governmental agency to reduce or restrict the rights of owners
7 of lands so identified.
8 Section 7. Section 260.0142, Florida Statutes, is
9 amended to read:
10 260.0142 Florida Greenways and Trails Council;
11 composition; powers and duties.--
12 (1) There is hereby created within the department of
13 Environmental Protection the Florida Greenways and Trails
14 Council which shall advise the department in the execution of
15 the department's powers and duties under this chapter. The
16 council shall be composed of 21 members, consisting of:
17 (a) Five members appointed by the Governor, with two
18 members representing the trail user community, two members
19 representing the greenway user community, and one member
20 representing private landowners. Of the initial appointments,
21 two shall be appointed for 2-year terms and three shall be
22 appointed for 1-year terms. Subsequent appointments shall be
23 for 2-year terms.
24 (b) Three members appointed by the President of the
25 Senate, with one member representing the trail user community
26 and two members representing the greenway user community. Of
27 the initial appointments, two shall be appointed for 2-year
28 terms and one shall be appointed for a 1-year term. Subsequent
29 appointments shall be for 2-year 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.
6
7 Those eligible to represent the trail user community shall be
8 chosen from, but not be limited to, paved trail users, hikers,
9 off-road bicyclists, users of off-highway vehicles, paddlers,
10 equestrians, disabled outdoor recreational users, and
11 commercial recreational interests. Those eligible to represent
12 the greenway user community shall be chosen from, but not be
13 limited to, conservation organizations, nature study
14 organizations, and scientists and university experts.
15 (d) The 10 remaining members shall include:
16 1. The Secretary of Environmental Protection or a
17 designee;
18 2. The executive director of the Fish and Wildlife
19 Conservation Commission or a designee;
20 3. The Secretary of Community Affairs or a designee;
21 4. The Secretary of Transportation or a designee;
22 5. The Director of the Division of Forestry of the
23 Department of Agriculture and Consumer Services or a designee;
24 6. The director of the Division of Historical
25 Resources of the Department of State or a designee;
26 7. A representative of the water management districts
27 who shall serve for 1 year. Membership on the council shall
28 rotate among the five districts. The districts shall determine
29 the order of rotation;
30 8. A representative of a federal land management
31 agency. The Secretary of Environmental Protection shall
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1 identify the appropriate federal agency and request
2 designation of a representative from the agency to serve on
3 the council;
4 9. A representative of the regional planning councils
5 to be appointed by the Secretary of Environmental Protection,
6 in consultation with the Secretary of Community Affairs.
7 Membership on the council shall rotate among the seven
8 regional planning councils. The regional planning councils
9 shall determine the order of rotation, for a single 2-year
10 term. The representative shall not be selected from the same
11 regional planning council for successive terms; and
12 10. A representative of local governments to be
13 appointed by the Secretary of Environmental Protection, in
14 consultation with the Secretary of Community Affairs, for a
15 single 2-year term. Membership shall alternate between a
16 county representative and a municipal representative.
17
18 The term of all appointees shall be for 2 years unless
19 otherwise specified. The appointees of the Governor, the
20 President of the Senate, and the Speaker of the House of
21 Representatives may be reappointed for no more than four
22 consecutive terms. The representative of the water management
23 districts, regional planning councils, and local governments
24 may be reappointed for no more than two consecutive terms. All
25 other appointees may serve until replaced.
26 (2) The department shall provide necessary staff
27 assistance to the council.
28 (3) The council is authorized to contract for and to
29 accept gifts, grants, or other aid from the United States
30 Government or any person or corporation.
31
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1 (3)(4) The duties of the council shall include, but
2 not be limited to, the following:
3 (a) Advise the Department of Environmental Protection,
4 the Department of Community Affairs, the Department of
5 Transportation, the Fish and Wildlife Conservation Commission,
6 the Division of Forestry of the Department of Agriculture and
7 Consumer Services, the water management districts, and the
8 regional planning councils on policies relating to the Florida
9 Greenways and Trails System, and promote intergovernmental
10 cooperation;
11 (a)(b) Facilitate a statewide system of interconnected
12 landscape linkages, conservation corridors, greenbelts,
13 recreational corridors and trails, scenic corridors,
14 utilitarian corridors, reserves, regional parks and preserves,
15 ecological sites, and cultural/historic/recreational sites,
16 using;
17 (c) Facilitate a statewide system of interconnected
18 land-based trails that connect urban, suburban, and rural
19 areas of the state and facilitate expansion of the statewide
20 system of freshwater and saltwater paddling trails.;
21 (b)(d) Recommend priorities for critical links in the
22 Florida Greenways and Trails System.;
23 (c)(e) Review recommendations of the office
24 applications for acquisition funding under the Florida
25 Greenways and Trails Program and recommend to the Secretary of
26 Environmental Protection which projects should be acquired.;
27 (f) Provide funding recommendations to agencies and
28 organizations regarding the acquisition, development, and
29 management of greenways and trails, including the promotion of
30 private landowner incentives;
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1 (d)(g) Review designation proposals for inclusion in
2 the Florida Greenways and Trails System.;
3 (h) Provide advocacy and education to benefit the
4 statewide system of greenways and trails by encouraging
5 communication and conferencing;
6 (e)(i) Encourage public-private partnerships to
7 develop and manage greenways and trails.;
8 (f)(j) Review progress toward meeting established
9 benchmarks and recommend appropriate action.;
10 (g)(k) Make recommendations for updating and revising
11 the implementation plan for the Florida Greenways and Trails
12 System.;
13 (l) Advise the Land Acquisition and Management
14 Advisory Council or its successor to ensure the incorporation
15 of greenways and trails in land management plans on lands
16 managed by the Department of Environmental Protection, the
17 Fish and Wildlife Conservation Commission, the Division of
18 Historical Resources of the Department of State, and the
19 Division of Forestry of the Department of Agriculture and
20 Consumer Services;
21 (m) Provide advice and assistance to the Department of
22 Transportation and the water management districts regarding
23 the incorporation of greenways and trails into their planning
24 efforts;
25 (n) Encourage land use, environmental, and coordinated
26 linear infrastructure planning to facilitate the
27 implementation of local, regional, and statewide greenways and
28 trails systems;
29 (h)(o) Promote greenways and trails support
30 organizations.; and
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1 (i)(p) Support the Florida Greenways and Trails System
2 through intergovernmental coordination, budget
3 recommendations, advocacy, education, and in any other
4 appropriate way.
5 (4)(5) The council shall establish procedures for
6 conducting its affairs in execution of the duties and
7 responsibilities stated in this section, which operating
8 procedures shall include determination of a council chair and
9 other appropriate operational guidelines. The council shall
10 meet at the call of the chair, or at such times as may be
11 prescribed by its operating procedures. The council may
12 establish committees to conduct the work of the council and
13 the committees may include nonmembers as appropriate.
14 (5)(6) A vacancy on the council shall be filled for
15 the remainder of the unexpired term in the same manner as the
16 original appointment. Members whose terms have expired may
17 continue to serve until replaced or reappointed. No member
18 shall serve on the council for more than two consecutive
19 terms.
20 (6)(7) Members of the council may shall not receive
21 any compensation for their services but are shall be entitled
22 to receive reimbursement for per diem and travel expenses
23 incurred in the performance of their duties, as provided in s.
24 112.061.
25 Section 8. Subsections (1) and (3) of section 260.015,
26 Florida Statutes, are amended to read:
27 260.015 Acquisition of land.--
28 (1) The department is authorized to acquire by gift or
29 purchase the fee simple absolute title or any lesser interest
30 in land, including easements, for the purposes of this chapter
31
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1 ss. 260.011-260.018 pursuant to the provisions of chapter 375,
2 except that:
3 (a) The department's power of eminent domain shall be
4 limited to curing defects in title accepted by the board
5 pursuant to subsection (2).
6 (b) Lists of proposed acquisitions for the Florida
7 Greenways and Trails Program shall be prepared according to
8 procedures adopted by the department.
9 (c) Projects acquired under this chapter shall not be
10 subject to the evaluation and selection procedures of s.
11 259.035, regardless of the estimated value of such projects.
12 All projects shall be acquired in accordance with the
13 acquisition procedures of chapter 259, except that the
14 department may use the appraisal procedure used by the
15 Department of Transportation to acquire transportation
16 rights-of-way. When a parcel is estimated to be valued at
17 $100,000 or less and the department finds that the costs of
18 obtaining an outside appraisal are not justified, an appraisal
19 prepared by the department may be used.
20 (3) Easements, licenses, and use agreements upon,
21 over, under, across, or along any land, the fee title of which
22 has been acquired for the purposes of this chapter ss.
23 260.011-260.018, may be granted by the department so long as
24 the use of the easement, license, or use agreement does not
25 interfere with the purposes of this chapter ss.
26 260.011-260.018.
27 Section 9. Subsection (1) and paragraph (a) of
28 subsection (2) of section 260.016, Florida Statutes, are
29 amended to read:
30 260.016 General powers of the department.--
31 (1) The department may:
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1 (a) Publish and distribute appropriate maps of
2 designated greenways and trails. The description shall include
3 a generalized map delineating the area designated, location of
4 suitable ingress and egress sites, as well as other points of
5 interest to enhance the recreational opportunities of the
6 public.
7 (b) Establish access routes and related public-use
8 facilities along greenways and trails which will not
9 substantially interfere with the nature and purposes of the
10 greenway or trail.
11 (b)(c) Adopt appropriate rules to implement or
12 interpret this act and portions of chapter 253 relating to
13 greenways and trails, which may include, but are not limited
14 to, rules for the following:
15 1. Establishing a designation process.
16 2. Negotiating and executing agreements with private
17 landowners.
18 3. Establishing prohibited activities or restrictions
19 on activities to protect the health, safety, and welfare of
20 the public.
21 4. Charging fees for use.
22 5. Providing public access to the greatest extent
23 possible while avoiding unnecessary impact upon sensitive
24 environments such as wetlands or animal habitats, wherever
25 encountered.
26 6. Providing for maintenance.
27 7. Any matter necessary to the evaluation, selection,
28 operation, and maintenance of greenways and trails.
29
30 Any person who violates or otherwise fails to comply with the
31 rules adopted pursuant to subparagraph 3. commits a
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1 noncriminal infraction for which a fine of up to $500 may be
2 imposed.
3 (c)(d) Coordinate the activities of all governmental
4 units and bodies and special districts that desire to
5 participate in the development and implementation of the
6 Florida Greenways and Trails System.
7 (d)(e) Establish, develop, and publicize greenways and
8 trails in a manner that will permit public recreation when
9 appropriate without damaging natural resources while avoiding
10 unncecessary impact upon sensitive environments such as
11 wetlands or animal habitats, wherever encountered. The Big
12 Bend Historic Saltwater Paddling Trail from the St. Marks
13 River to Yankeetown is hereby designated as part of the
14 Florida Greenways and Trails System. Additions to this trail
15 may be added by the Legislature or the department from time to
16 time as part of the Florida a statewide saltwater
17 Circumnavigation Saltwater Paddling Trail created in s.
18 260.20.
19 (e)(f) Enter into agreements with any federal, state,
20 or local governmental agency, or any other entity for the
21 management of greenways and trails for recreation and
22 conservation purposes consistent with the intent of this
23 chapter. Such entities must demonstrate their capabilities of
24 management for the purposes defined in this chapter ss.
25 260.011-260.018.
26 (f)(g) Charge reasonable fees or rentals for the use
27 or operation of facilities and concessions. All such fees,
28 rentals, or other charges collected shall be deposited in the
29 account or trust fund of the managing entity.
30 (g)(h) Receive or accept from any legal source, grants
31 for the purpose of providing or improving public greenways and
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1 trails, and the department is authorized to disburse funds as
2 pass-through grants to federal, state, or local government
3 agencies, recognized tribal units, or to nonprofit entities
4 created for this purpose. The department has authority to
5 adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
6 the provisions of this subsection. Such rules shall provide,
7 but are not limited to, the following: procedures for grant
8 administration and accountability; eligibility, selection
9 criteria; maximum grant amounts and number of pending grants;
10 dedication requirements; and conversion procedures and
11 requirements.
12 (2) The department shall:
13 (a) Evaluate lands for the acquisition of greenways
14 and trails and compile a list of suitable corridors,
15 greenways, and trails, ranking them in order of priority for
16 proposed acquisition. The department shall devise a method of
17 evaluation which includes, but is not limited to, the
18 consideration of the importance and function of such corridors
19 within the statewide system as reflected on the opportunity
20 maps and by landowners' willingness to negotiate.
21 Section 10. Section 260.20, Florida Statutes, is
22 created to read:
23 260.20 Florida Circumnavigation Saltwater Paddling
24 Trail.--
25 (1) The Legislature creates the Florida
26 Circumnavigation Saltwater Paddling Trail as part of the
27 Florida Greenways and Trails System. For purposes of this
28 section, "trail" means the Florida Circumnavigation Saltwater
29 Paddling Trail.
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 Florida Greenways and Trails
10 System. The department may adjust the location of any trail
11 segment, give official recognition to specific sites along the
12 trail route, publish official trail guides and literature in
13 cooperation with other governmental entities, and resolve
14 conflicts that may arise between competing and conflicting
15 parties over trail issues. The Florida Greenways and Trails
16 Council shall advise the department on all matters relating to
17 the trail. By January 1, 2008, the department shall prepare
18 and provide to the Governor, the President of the Senate, and
19 the Speaker of the House of Representatives a report setting
20 forth the names 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 11. Section 260.021, Florida Statutes, is
22 created to read:
23 260.021 Recreational opportunities on mined
24 lands.--The Florida Wildlife Federation, Audubon Florida, and
25 Rails-to-Trails Conservancy, in partnership with the phosphate
26 industry and other mining companies, are encouraged to
27 continue the operation of the nonprofit corporation, Florida
28 Mining-Recreation, Inc., for the purpose of working with
29 industry, government, and private landowners to create plans
30 and assist in the development of recreational opportunities on
31 mined lands in the state. These opportunities should include
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1 walking, hiking, off-highway vehicle, canoeing, bicycling,
2 equestrian, wildlife viewing, and other trails areas along
3 with developing fishing and hunting lands. The board of
4 directors of the corporation is encouraged to be composed of a
5 member, or members, from the companies mining in the state; a
6 member, or members, chosen by the Florida Wildlife Federation,
7 Audubon Florida, and Rails-to-Trails Conservancy; and others
8 chosen by agreement of the partners.
9 Section 12. Section 335.067, Florida Statutes, is
10 created to read:
11 335.067 Conserve by Bicycle Program.--There is created
12 within the Department of Transportation the Conserve by
13 Bicycle Program.
14 (1) The purposes of the Conserve by Bicycle Program
15 are to:
16 (a) Save energy by increasing the number of miles
17 ridden on bicycles, thereby reducing the usage of
18 petroleum-based fuels.
19 (b) Increase efficiency of cycling as a transportation
20 mode by improving interconnectivity.
21 (c) Reduce traffic congestion on existing roads.
22 (d) Provide recreational opportunities for Florida
23 residents and visitors.
24 (e) Provide healthy alternatives to help reduce the
25 trend toward obesity and reduce long-term health costs.
26 (f) Provide safe ways for children to travel from
27 their homes to their schools by supporting the Safe Paths to
28 Schools Program.
29 (2) In order to help accomplish these goals, the
30 department shall conduct a Conserve by Bicycle study, which
31 shall include a determination of the following:
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1 (a) Where energy savings can be realized when more and
2 safer bicycle facilities, such as bicycle paths, bicycle
3 lanes, and other safe locations for bicycle use, are created
4 which reduce the use of motor vehicles in the area.
5 (b) Where the use of education and marketing programs
6 can convert motor vehicle trips into bicycle trips.
7 (c) How and under what circumstances the construction
8 of bicycling facilities can provide more opportunities for
9 recreation and how exercise can lead to a reduction of health
10 risks associated with a sedentary lifestyle.
11 (d) How the Safe Paths to Schools Program and other
12 similar programs can reduce school-related commuter traffic,
13 which will result in energy and roadway savings as well as
14 improve the health of children throughout the state.
15 (e) How partnerships can be created among interested
16 parties in the fields of transportation, law enforcement,
17 education, public health, environmental restoration and
18 conservation, and energy conservation to achieve a better
19 possibility of success for the program.
20 (3) The study shall produce measurable criteria that
21 can be used by the department to determine where and under
22 what circumstances the construction of bicycling facilities
23 will reduce energy consumption and the need for and cost of
24 roadway capacity, as well as realizing the associated health
25 benefits.
26 (4) The department shall conduct the study with the
27 assistance of the State Pedestrian/Bicycle Coordinator,
28 metropolitan planning organizations, the Office of Greenways
29 and Trails of the Department of Environmental Protection, and
30 the Department of Health.
31
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1 (5) By July 1, 2007, if sufficient funds are available
2 in the department's budget or from the Federal Government, the
3 study shall be completed and shall be submitted to the
4 Governor, the President of the Senate, the Speaker of the
5 House of Representatives, the Secretary of Transportation, the
6 Secretary of Environmental Protection, and the Secretary of
7 Health.
8 Section 13. Paragraph (k) of subsection (4) of section
9 373.199, Florida Statutes, is amended to read:
10 373.199 Florida Forever Water Management District Work
11 Plan.--
12 (4) The list submitted by the districts shall include,
13 where applicable, the following information for each project:
14 (k) An identification of the proposed public access
15 for projects with land acquisition components, including the
16 Florida National Scenic Trail.
17 Section 14. Subsection (6) of section 378.036, Florida
18 Statutes, is repealed.
19 Section 15. Subsection (4) of section 380.507, Florida
20 Statutes, is amended to read:
21 380.507 Powers of the trust.--The trust shall have all
22 the powers necessary or convenient to carry out the purposes
23 and provisions of this part, including:
24 (4) To acquire and dispose of real and personal
25 property or any interest therein when necessary or appropriate
26 to protect the natural environment, provide public access or
27 public recreational facilities including the Florida National
28 Scenic Trail, preserve wildlife habitat areas, provide access
29 for managing acquired lands, or otherwise carry out the
30 purposes of this part. If the trust acquires land for
31 permanent state ownership, title to such land shall be vested
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1 in the Board of Trustees of the Internal Improvement Trust
2 Fund; otherwise, title to property acquired in partnership
3 with a county or municipality shall vest in the name of the
4 local government. Notwithstanding any other provision of law,
5 the trust may enter into an option agreement to purchase lands
6 included in projects approved according to this part, when
7 necessary to reserve lands during the preparation of project
8 plans and during acquisition proceedings. The consideration
9 for an option shall not exceed $100,000.
10 Section 16. This act shall take effect upon becoming a
11 law.
12
13 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
14 CS/SB 774
15
16 This committee substitute:
17 o Encourages the continued operation of Florida
Mining-Recreation, Inc., a nonprofit consortium working
18 with industry, government, and private landholders for
the development of recreational opportunities on mined
19 lands.
20 o Creates the Conserve by Bicycle program within the
Department of Transportation.
21
o Includes the Florida National Scenic Trail in the
22 description of proposed public access in the Florida
Forever Water Management District Work Plan's land
23 acquisition component.
24 o Encourages the Department of Environmental Protection to
avoid unnecessary environmental impacts to wetlands or
25 animal habitats when developing trails.
26
27
28
29
30
31
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