| 1 | The Local Government Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to playgrounds; amending s. 375.075, F.S.; |
| 7 | requiring the Department of Environmental Protection to |
| 8 | adopt by rule a determination of the appropriate incentive |
| 9 | for encouraging the construction of inclusive playgrounds; |
| 10 | defining the term "inclusive playground"; providing an |
| 11 | effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Section 375.075, Florida Statutes, is amended |
| 16 | to read: |
| 17 | 375.075 Outdoor recreation; financial assistance to local |
| 18 | governments; inclusive playgrounds.-- |
| 19 | (1) The Department of Environmental Protection is |
| 20 | authorized to establish the Florida Recreation Development |
| 21 | Assistance Program to provide grants to qualified local |
| 22 | governmental entities to acquire or develop land for public |
| 23 | outdoor recreation purposes. To the extent not needed for debt |
| 24 | service on bonds issued pursuant to s. 375.051, each year the |
| 25 | department shall develop and plan a program which shall be based |
| 26 | upon funding of not less than 5 percent of the money credited to |
| 27 | the Land Acquisition Trust Fund pursuant to s. 201.15(2) and (3) |
| 28 | in that year. Beginning fiscal year 2001-2002, the department |
| 29 | shall develop and plan a program which shall be based upon the |
| 30 | cumulative total funding provided from this section and from the |
| 31 | Florida Forever Trust Fund pursuant to s. 259.105(3)(c). |
| 32 | (2)(a) The department shall adopt, by rule, procedures to |
| 33 | govern the program, which shall include, but need not be limited |
| 34 | to, a competitive project selection process designed to maximize |
| 35 | the outdoor recreation benefit to the public. |
| 36 | (b) Selection criteria shall, at a minimum, rank: |
| 37 | 1. The extent to which the project would implement the |
| 38 | outdoor recreation goals, objectives, and priorities specified |
| 39 | in the state comprehensive outdoor recreation plan; and |
| 40 | 2. The extent to which the project would provide for |
| 41 | priority resource or facility needs in the region as specified |
| 42 | in the state comprehensive outdoor recreation plan. |
| 43 | (c) No release of funds from the Land Acquisition Trust |
| 44 | Fund, or from the Florida Forever Trust Fund beginning in fiscal |
| 45 | year 2001-2002, for this program may be made for these public |
| 46 | recreation projects until the projects have been selected |
| 47 | through the competitive selection process provided for in this |
| 48 | section. |
| 49 | (3) A local government may submit up to two grant |
| 50 | applications during each application period announced by the |
| 51 | department. However, a local government may not have more than |
| 52 | three active projects expending grant funds during any state |
| 53 | fiscal year. The maximum project grant for each project |
| 54 | application may not exceed $200,000 in state funds. |
| 55 | (4) The department shall adopt by rule a determination of |
| 56 | the appropriate incentive for encouraging the construction of |
| 57 | inclusive playgrounds. The term "inclusive playground" means a |
| 58 | playground with a barrier-free environment designed for children |
| 59 | of all abilities, including those with physical, developmental, |
| 60 | cognitive, and sensory disabilities, to experience independent |
| 61 | self-directed play, each at his or her own highest level of |
| 62 | ability, and includes accessible play components and equipment |
| 63 | that engage and provide access for children with various motor |
| 64 | impairments. |
| 65 | Section 2. This act shall take effect July 1, 2006. |