Senate Bill sb2804er

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  1                                 

  2         An act relating to greenways and trails;

  3         renaming ch. 260, F.S., as "Florida Greenways

  4         and Trails"; amending s. 260.011, F.S.;

  5         providing a popular name; amending s. 260.012,

  6         F.S.; revising legislative intent with respect

  7         to the development and completion of the

  8         Florida National Scenic Trail; amending s.

  9         260.0125, F.S.; requiring a private landowner's

10         written authorization to the Department of

11         Environmental Protection for public access to

12         private land that has been designated part of

13         the state's trail system; amending s. 260.013,

14         F.S.; revising definitions; amending s.

15         260.0141, F.S.; deleting provisions authorizing

16         certain acquisitions; amending s. 260.0142,

17         F.S.; revising the powers and duties of the

18         Florida Greenways and Trails Council; extending

19         the terms of certain appointees; providing for

20         reappointment of appointees; amending

21         eligibility requirements for appointees of the

22         trail-user community to include users of

23         off-road highway vehicles; amending s. 260.015,

24         F.S.; removing provisions for appraisal of

25         certain property by the department; amending s.

26         260.016, F.S.; revising the general powers of

27         the Department of Environmental Protection

28         relating to greenways and trails; creating s.

29         335.067, F.S.; creating the Conserve by Bicycle

30         Program within the Department of

31         Transportation; providing the purposes of the


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 1         program; requiring the department, in

 2         conjunction with specified organizations, to

 3         conduct a Conserve by Bicycle study; requiring

 4         that the study be submitted to the Governor,

 5         the Legislature, and the secretaries of

 6         Transportation, Environmental Protection, and

 7         Health, under certain circumstances; amending

 8         s. 373.199, F.S.; requiring the water

 9         management districts to include information

10         about the Florida National Scenic Trail in the

11         5-year work plans; amending s. 378.036, F.S.;

12         defining the term "lands mined for phosphate"

13         for purposes of land acquisitions financed by

14         the Nonmandatory Land Reclamation Trust Fund;

15         exempting sales or leases to Florida

16         Mining-Recreation, Inc., from the tax on sales,

17         use, and other transactions; specifying how

18         funds appropriated by the Legislature may be

19         spent; exempting the corporation from state

20         competitive bidding requirements for certain

21         services; amending s. 380.507, F.S.; revising

22         provisions relating to the acquisition or

23         disposition of certain property under the

24         Florida Communities Trust Program; providing an

25         effective date.

26  

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

28  

29         Section 1.  Chapter 260, Florida Statutes, entitled

30  "Recreational Trails System," is renamed "Florida Greenways

31  and Trails."


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 1         Section 2.  Section 260.011, Florida Statutes, is

 2  amended to read:

 3         260.011  Popular name Short title.--Sections

 4  260.011-260.018 shall be known by the popular name and may be

 5  cited as the "Florida Greenways and Trails Act."

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

 7  260.012, Florida Statutes, are amended to read:

 8         260.012  Declaration of policy and legislative

 9  intent.--

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

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

12  the natural resources of this state for healthful and

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

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

15  provide the means and procedures for establishing and

16  expanding a statewide system of greenways and trails for

17  recreational and conservation purposes and which shall be

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

19  standards by which the greenways and trails system shall be

20  acquired, designated, administered, maintained, used, and

21  expanded shall be consistent with the provisions of ss.

22  260.011-260.018. It is the intent of the Legislature that

23  these greenways and trails will serve to implement the

24  concepts of ecosystems management while providing, where

25  appropriate, recreational opportunities, including, but not

26  limited to, equestrian activities horseback riding, hiking,

27  bicycling, canoeing, jogging, and historical and

28  archaeological interpretation, thereby improving the health

29  and welfare of the people.

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

31  statewide system of greenways and trails be established to


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 1  provide open space benefiting environmentally sensitive lands

 2  and wildlife and providing people with access to healthful

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

 4  to acquire or designate lands and waterways to facilitate the

 5  establishment of a statewide system of greenways and trails;

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

 7  to the fullest extent existing and future scenic roads,

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

 9  national recreational trails; to encourage the development of

10  greenways and trails by counties, cities, and special

11  districts, and nongovernmental organizations to assist in such

12  development by any means available; to coordinate greenway and

13  trail plans and development by local governments with one

14  another and with the state government and Federal Government;

15  to encourage, whenever possible, the development of greenways

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

17  encourage the owners of private lands to protect the existing

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

19  including those values derived from working landscapes.

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

21  recognize the Florida National Scenic Trail as Florida's

22  official statewide nonmotorized trail from the Florida

23  Panhandle to the Everglades and the Florida Keys, an

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

25  recognizes the major contributions made in furtherance of the

26  establishment of the Florida National Scenic Trail by the

27  United States Government, including significant funding, and

28  the efforts of private landowners, state government, and

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

30  The Legislature also recognizes the significant economic

31  benefit of nature-based recreation and the contributions to


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

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

 3  the residents of this state and the United States Government

 4  to complete the establishment of the trail in a permanent

 5  location, it is further the intent of the Legislature to:

 6         (a)  Encourage all state, regional, and local agencies

 7  who acquire lands to include in their land-buying efforts the

 8  acquisition of sufficient legal interest in the lands over

 9  which the trail passes to ensure its continued existence in a

10  permanent location.

11         (b)  Officially recognize the route of the trail for

12  establishment and acquisition purposes as determined by the

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

14  Association, in the publication entitled "Preferred Routing

15  for the Florida National Scenic Trail."

16         (c)  With the assistance of the Florida Trail

17  Association and the Office of Greenways and Trails, encourage

18  state land-buying agencies to consider the trail a single

19  project with multiple phases for the purpose of listing and

20  acquisition.

21         (d)  Give positive consideration to the inclusion of

22  private funds used to supplement the state's contribution in

23  its efforts to acquire fee or less-than-fee interests in lands

24  that contain designated portions of the trail.

25         (e)  Encourage private landowners to continue to allow

26  the use of private property for trail purposes through

27  existing and future incentives and liability protection.

28         (f)  Encourage state and local agencies with economic

29  and ecotourism development responsibilities to recognize the

30  importance of the trail in bringing nature-based tourism to

31  local communities along the trail route and to support


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 1  acquisition and development activities for completion of the

 2  trail in a permanent location. It is also the intent of the

 3  Legislature to encourage all state, regional, and local

 4  agencies who acquire lands to include in their land-buying

 5  efforts the acquisition of sufficient legal interest in the

 6  lands over which the trail passes to ensure its continued

 7  existence in a permanent location.

 8         Section 4.  Present subsection (7) of section 260.0125,

 9  Florida Statutes, is redesignated as subsection (8), and a new

10  subsection (7) is added to that section, to read:

11         260.0125  Limitation on liability of private landowners

12  whose property is designated as part of the statewide system

13  of greenways and trails.--

14         (7)  When the department determines that public access

15  is appropriate for greenways and trails on private lands that

16  are the subject of a designation agreement, the department

17  must receive written authorization from the private landowner

18  before permitting public access to all or a specified part of

19  the property. Not later than 7 days before any public meeting,

20  the department must notify the private landowner by certified

21  mail of its intent to determine whether public access to

22  private property that is the subject of a designation

23  agreement is appropriate. The department's determination must

24  be noticed pursuant to s. 120.525.

25         Section 5.  Subsection (3) of section 260.013, Florida

26  Statutes, is amended, present subsection (5) of that section

27  is redesignated as subsection (6), and a new subsection (5) is

28  added to that section, to read:

29         260.013  Definitions.--As used in ss. 260.011-260.018,

30  unless the context otherwise requires:

31  


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 1         (3)  "Designation" means the identification and

 2  inclusion of specific lands and waterways as part of the

 3  statewide system of greenways and trails pursuant to a formal

 4  public process, including the specific written consent of the

 5  landowner. When the department determines that public access

 6  is appropriate for greenways and trails, written authorization

 7  must be granted by the landowner to the department permitting

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

 9  property. The department's determination shall be noticed

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

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

12  public meeting regarding the intent to designate.

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

14  of the Department of Environmental Protection.

15         Section 6.  Section 260.0141, Florida Statutes, is

16  amended to read:

17         260.0141  Greenways and Trails Program.--There is

18  established within the department the "Florida Greenways and

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

20  establishment of a statewide system of greenways and trails.

21  Such greenways and trails shall be acquired pursuant to this

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

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

24  designation of lands as part of the statewide system of

25  greenways and trails. Identification of lands in such

26  information shall not:

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

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

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

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

31  enforce, or amend any environmental rule or regulation;


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

 2  or land-use ordinance;

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

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

 5  regulation, or ordinance by any subdivision of local,

 6  regional, or state government; or

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

 8  governmental agency to reduce or restrict the rights of owners

 9  of lands so identified.

10         Section 7.  Section 260.0142, Florida Statutes, is

11  amended to read:

12         260.0142  Florida Greenways and Trails Council;

13  composition; powers and duties.--

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

15  Environmental Protection the Florida Greenways and Trails

16  Council which shall advise the department in the execution of

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

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

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

20  members representing the trail user community, two members

21  representing the greenway user community, and one member

22  representing private landowners. Of the initial appointments,

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

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

25  for 2-year terms.

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

27  Senate, with one member representing the trail user community

28  and two members representing the greenway user community.  Of

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

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

31  appointments shall be for 2-year terms.


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

 2  House of Representatives, with two members representing the

 3  trail user community and one member representing the greenway

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

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

 6  1-year term.  Subsequent appointments shall be for 2-year

 7  terms.

 8  

 9  Those eligible to represent the trail user community shall be

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

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

12  equestrians, disabled outdoor recreational users, and

13  commercial recreational interests. Those eligible to represent

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

15  limited to, conservation organizations, nature study

16  organizations, and scientists and university experts.

17         (d)  The 10 remaining members shall include:

18         1.  The Secretary of Environmental Protection or a

19  designee;

20         2.  The executive director of the Fish and Wildlife

21  Conservation Commission or a designee;

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

23         4.  The Secretary of Transportation or a designee;

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

25  Department of Agriculture and Consumer Services or a designee;

26         6.  The director of the Division of Historical

27  Resources of the Department of State or a designee;

28         7.  A representative of the water management districts

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

30  rotate among the five districts. The districts shall determine

31  the order of rotation;


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 1         8.  A representative of a federal land management

 2  agency. The Secretary of Environmental Protection shall

 3  identify the appropriate federal agency and request

 4  designation of a representative from the agency to serve on

 5  the council;

 6         9.  A representative of the regional planning councils

 7  to be appointed by the Secretary of Environmental Protection,

 8  in consultation with the Secretary of Community Affairs.

 9  Membership on the council shall rotate among the seven

10  regional planning councils. The regional planning councils

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

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

13  regional planning council for successive terms; and

14         10.  A representative of local governments to be

15  appointed by the Secretary of Environmental Protection, in

16  consultation with the Secretary of Community Affairs, for a

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

18  county representative and a municipal representative.

19         (2)  The department shall provide necessary staff

20  assistance to the council.

21         (3)  The term of all appointees shall be for 2 years

22  unless otherwise specified. The appointees of the Governor,

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

24  Representatives may be reappointed for no more than four

25  consecutive terms. The representative of the water management

26  districts, regional planning councils, and local governments

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

28  other appointees shall serve until replaced. The council is

29  authorized to contract for and to accept gifts, grants, or

30  other aid from the United States Government or any person or

31  corporation.


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 1         (4)  The duties of the council shall include, but not

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

15  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         (7)  Members of the council may shall not receive any

21  compensation for their services but are shall be entitled to

22  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.  Paragraph (c) of subsection (1) of section

26  260.015, Florida Statutes, is 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 ss.

31  


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 1  260.011-260.018 pursuant to the provisions of chapter 375,

 2  except that:

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

 4  subject to the evaluation and selection procedures of s.

 5  259.035, regardless of the estimated value of such projects.

 6  All projects shall be acquired in accordance with the

 7  acquisition procedures of chapter 259, except that the

 8  department may use the appraisal procedure used by the

 9  Department of Transportation to acquire transportation

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

11  $100,000 or less and the department finds that the costs of

12  obtaining an outside appraisal are not justified, an appraisal

13  prepared by the department may be used.

14         Section 9.  Subsection (1) and paragraph (a) of

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

16  amended to read:

17         260.016  General powers of the department.--

18         (1)  The department may:

19         (a)  Publish and distribute appropriate maps of

20  designated greenways and trails. The description shall include

21  a generalized map delineating the area designated, location of

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

23  interest to enhance the recreational opportunities of the

24  public.

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

26  facilities along greenways and trails which will not

27  substantially interfere with the nature and purposes of the

28  greenway or trail.

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

30  interpret this act and portions of chapter 253 relating to

31  


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

 2  to, rules for the following:

 3         1.  Establishing a designation process.

 4         2.  Negotiating and executing agreements with private

 5  landowners.

 6         3.  Establishing prohibited activities or restrictions

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

 8  the public.

 9         4.  Charging fees for use.

10         5.  Providing public access.

11         6.  Providing for maintenance.

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

13  operation, and maintenance of greenways and trails.

14  

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

16  rules adopted pursuant to subparagraph 3. commits a

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

18  imposed.

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

20  units and bodies and special districts that desire to

21  participate in the development and implementation of the

22  Florida Greenways and Trails System.

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

24  trails in a manner that will permit public recreation when

25  appropriate without damaging natural resources. The Big Bend

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

27  Yankeetown is hereby designated as part of the Florida

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

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

30  as part of the a statewide saltwater circumnavigation trail.

31  


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

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

 3  management of greenways and trails for recreation and

 4  conservation purposes consistent with the intent of this

 5  chapter. Such entities must demonstrate their capabilities of

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

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

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

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

10  account or trust fund of the managing entity.

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

12  for the purpose of providing or improving public greenways and

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

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

15  agencies, recognized tribal units, or to nonprofit entities

16  created for this purpose. The department has authority to

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

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

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

20  administration and accountability; eligibility, selection

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

22  dedication requirements; and conversion procedures and

23  requirements.

24         (2)  The department shall:

25         (a)  Evaluate lands for the acquisition of greenways

26  and trails and compile a list of suitable corridors,

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

28  proposed acquisition. The department shall devise a method of

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

30  consideration of the importance and function of such corridors

31  


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 1  within the statewide system as reflected on the opportunity

 2  maps and landowners' willingness to negotiate.

 3         Section 10.  Section 335.067, Florida Statutes, is

 4  created to read:

 5         335.067  Conserve by Bicycle Program.--There is created

 6  within the Department of Transportation the Conserve by

 7  Bicycle Program.

 8         (1)  The purposes of the Conserve by Bicycle Program

 9  are to:

10         (a)  Save energy by increasing the number of miles

11  ridden on bicycles, thereby reducing the usage of

12  petroleum-based fuels.

13         (b)  Increase efficiency of cycling as a transportation

14  mode by improving interconnectivity.

15         (c)  Reduce traffic congestion on existing roads.

16         (d)  Provide recreational opportunities for Florida

17  residents and visitors.

18         (e)  Provide healthy alternatives to help reduce the

19  trend toward obesity and reduce long-term health costs.

20         (f)  Provide safe ways for children to travel from

21  their homes to their schools by supporting the Safe Paths to

22  Schools Program.

23         (2)  In order to help accomplish these goals, the

24  department shall conduct a Conserve by Bicycle study, which

25  shall include a determination of the following:

26         (a)  Where energy savings can be realized when more and

27  safer bicycle facilities, such as bicycle paths, bicycle

28  lanes, and other safe locations for bicycle use, are created

29  which reduce the use of motor vehicles in the area.

30         (b)  Where the use of education and marketing programs

31  can covert motor vehicle trips into bicycle trips.


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 1         (c)  How and under what circumstances the construction

 2  of bicycling facilities can provide more opportunities for

 3  recreation and how exercise can lead to a reduction of health

 4  risks associated with a sedentary lifestyle.

 5         (d)  How the Safe Paths to Schools Program and other

 6  similar programs can reduce school-related commuter traffic,

 7  which will result in energy and roadway savings as well as

 8  improve the health of children throughout the state.

 9         (e)  How partnerships can be created among interested

10  parties in the fields of transportation, law enforcement,

11  education, public health, environmental restoration and

12  conservation, and energy conservation to achieve a better

13  possibility of success for the program.

14         (3)  The study shall produce measurable criteria that

15  can be used by the department to determine where and under

16  what circumstances the construction of bicycling facilities

17  will reduce energy consumption and the need for and cost of

18  roadway capacity, as well as realizing the associated health

19  benefits.

20         (4)  The department shall conduct the study with the

21  assistance of the State Pedestrian/Bicycle Coordinator,

22  metropolitan planning organizations, the Office of Greenways

23  and Trails of the Department of Environmental Protection, and

24  the Department of Health.

25         (5)  By July 1, 2006, if sufficient funds are available

26  in the department's budget or from the Federal Government, the

27  study shall be completed and shall be submitted to the

28  Governor, the President of the Senate, the Speaker of the

29  House of Representatives, the Secretary of Transportation, the

30  Secretary of Environmental Protection, and the Secretary of

31  Health.


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 1         Section 11.  Paragraph (k) of subsection (4) of section

 2  373.199, Florida Statutes, is amended to read:

 3         373.199  Florida Forever Water Management District Work

 4  Plan.--

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

 6  where applicable, the following information for each project:

 7         (k)  An identification of the proposed public access

 8  for projects with land acquisition components, including the

 9  Florida National Scenic Trail.

10         Section 12.  Subsection (6) of section 378.036, Florida

11  Statutes, as created by section 5 of chapter 2003-423, Laws of

12  Florida, is amended to read:

13         378.036  Land acquisitions financed by Nonmandatory

14  Land Reclamation Trust Fund moneys.--

15         (6)(a)  By January 1, 2004, or within 6 months

16  following the date funds become available from the

17  Legislature, whichever is later, The Florida Wildlife

18  Federation, Audubon Florida, and Rails-to-Trails Conservancy

19  in partnership with the Florida Phosphate Council are

20  authorized to form a nonprofit corporation, Florida

21  Mining-Recreation, Inc., pursuant to chapter 617 for the

22  purpose of implementing this section by creating plans and

23  assisting in the development of public recreational

24  opportunities on lands mined for phosphate in the state. The

25  term "lands mined for phosphate" include those lands adjacent

26  to and connecting mined lands. The first plans must

27  concentrate on recreational activities in Hardee and Hamilton

28  Counties which will assist them in rural economic development.

29  Sales or leases directly to Florida Mining-Recreation, Inc.,

30  shall be exempt from the tax imposed under chapter 212.

31  Florida Mining-Recreation, Inc., shall be considered a


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 1  nonprofit corporation for all state and local requirements

 2  applicable thereto.

 3         (b)  The board of directors of the corporation shall be

 4  composed of three members, one designated by the Florida

 5  Phosphate Council, one as the designee of the Florida Wildlife

 6  Federation, Audubon Florida, and Rails-to-Trails Conservancy,

 7  and the third chosen by the other two designees.

 8         (c)  The business of the corporation shall be conducted

 9  by the board of directors or a chief executive officer as the

10  board shall see fit in accordance with the provisions of its

11  articles of incorporation and applicable law. The activities

12  of the corporation shall be coordinated with all landowners

13  who have voluntarily agreed to participate in the process as

14  well as any local government where such lands are recorded.

15         (d)  Any funds provided in the General Appropriations

16  Act of 2004 and any future appropriations to the corporation

17  of $200,000 or less shall be paid directly to Florida-Mining

18  Recreation, Inc. Funds paid or appropriated to the corporation

19  by the state may be expended for any valid purpose of the

20  corporation as established in this subsection including the

21  formation and management of the corporation, securing the

22  services of experts and consultants, conducting audits,

23  developing engineering plans, assisting in obtaining permits

24  and approvals from governmental agencies, and other actions

25  that further the goals of the corporation in creating plans

26  and assisting in the development of public recreational

27  opportunities on lands mined for phosphate in the state. The

28  corporation shall not be required to comply with state

29  competitive bidding requirements for contracts under $100,000

30  and must adopt a written policy that establishes how services

31  for the corporation will be secured. An annual report of the


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 1  activities of the corporation, including a certified audit,

 2  shall be presented to the Secretary of Environmental

 3  Protection or his or her designee by October 31 of each year

 4  following incorporation. The audit must set forth the manner

 5  in which the corporate funds have been spent and an inventory

 6  of all corporate physical assets.

 7         (e)  The corporation shall dissolve on January 1, 2009,

 8  unless dissolved previously by action of its board of

 9  directors or extended by the Legislature. Upon dissolution,

10  any moneys remaining in the accounts of the corporation that

11  are unobligated shall be returned to the funds from which they

12  were appropriated in proportion to the amount contributed. All

13  tangible assets of the corporation at dissolution which were

14  acquired using state funding shall become the property of the

15  Department of Environmental Protection.

16         Section 13.  Subsection (4) of section 380.507, Florida

17  Statutes, is amended to read:

18         380.507  Powers of the trust.--The trust shall have all

19  the powers necessary or convenient to carry out the purposes

20  and provisions of this part, including:

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

22  property or any interest therein when necessary or appropriate

23  to protect the natural environment, provide public access or

24  public recreational facilities including the Florida National

25  Scenic Trail, preserve wildlife habitat areas, provide access

26  for managing acquired lands, or otherwise carry out the

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

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

29  in the Board of Trustees of the Internal Improvement Trust

30  Fund; otherwise, title to property acquired in partnership

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


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 1  local government. Notwithstanding any other provision of law,

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

 3  included in projects approved according to this part, when

 4  necessary to reserve lands during the preparation of project

 5  plans and during acquisition proceedings. The consideration

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

 7         Section 14.  This act shall take effect upon becoming a

 8  law.

 9  

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