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;

31  

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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;

31  

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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

31  

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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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