HB 1141

CS

CHAMBER ACTION

1	The Environmental Regulation Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to greenways and trails; renaming ch. 260,
7	F.S., as the "Florida Greenways and Trails Act"; amending
8	s. 260.011, F.S.; providing a popular name; amending s.
9	260.012, F.S.; revising legislative intent with respect to
10	the development and completion of the Florida National
11	Scenic Trail; conforming cross references; amending s.
12	260.013, F.S.; revising and providing definitions;
13	amending s. 260.0141, F.S.; removing provisions
14	authorizing certain acquisitions; amending s. 260.0142,
15	F.S.; revising the powers and duties of the Florida
16	Greenways and Trails Council; extending the terms of
17	certain appointees; providing for reappointment of
18	appointees; revising eligibility requirements for
19	appointees of the trail user community to include users of
20	off-highway vehicles; amending s. 260.015, F.S.; removing
21	provisions for the appraisal of certain property by the
22	Department of Environmental Protection; conforming cross
23	references; amending s. 260.016, F.S.; revising the
24	general powers of the department; revising provisions
25	relating to rules for public access to greenways and
26	trails; conforming cross references; creating s. 260.019,
27	F.S.; establishing the Florida Circumnavigation Saltwater
28	Paddling Trail; providing for review, adjustment, and
29	redesignation of the trail segments by the department;
30	requiring the department to prepare and submit a report to
31	the Governor and Legislature by a specified date pursuant
32	to such review; creating s. 260.021, F.S.; providing for a
33	partnership between various organizations and mining
34	interests to develop recreational opportunities on mined
35	lands; creating s. 335.067, F.S.; creating the Conserve by
36	Bicycle Program within the Department of Transportation,
37	providing purposes of the program, and requiring such
38	department to conduct a Conserve by Bicycle study;
39	amending s. 373.199, F.S.; requiring water management
40	districts to include information about the Florida
41	National Scenic Trail in the Florida Forever Water
42	Management District Work Plan; amending s. 378.036, F.S.;
43	removing provisions relating to recreational opportunities
44	on mined lands; amending s. 380.507, F.S.; revising the
45	powers of the Florida Communities Trust with respect to
46	the Florida National Scenic Trail; amending s. 110.501,
47	F.S.; conforming a cross reference; providing an effective
48	date.
49
50	Be It Enacted by the Legislature of the State of Florida:
51
52	Section 1.  Chapter 260, Florida Statutes, entitled
53	"Recreational Trails System," is renamed the "Florida Greenways
54	and Trails Act."
55	Section 2.  Section 260.011, Florida Statutes, is amended
56	to read:
57	260.011  Popular name Short title.--This chapter Sections
58	260.011-260.018 shall be known and may be cited as the "Florida
59	Greenways and Trails Act."
60	Section 3.  Subsections (1), (2), (5), and (6) of section
61	260.012, Florida Statutes, are amended to read:
62	260.012  Declaration of policy and legislative intent.--
63	(1)  In order to recognize the benefits of the outdoor
64	areas of Florida, and in order to conserve, develop, and use the
65	natural resources of this state for healthful and recreational
66	purposes, it is declared to be the public policy of this state
67	and the purpose of this chapter ss. 260.011-260.018 to provide
68	the means and procedures for establishing and expanding a
69	statewide system of greenways and trails for recreational and
70	conservation purposes and which shall be designated as the
71	"Florida Greenways and Trails System." The standards by which
72	the greenways and trails system shall be acquired, designated,
73	administered, maintained, used, and expanded shall be consistent
74	with the provisions of this chapter ss. 260.011-260.018. It is
75	the intent of the Legislature that these greenways and trails
76	will serve to implement the concepts of ecosystems management
77	while providing, where appropriate, recreational opportunities,
78	including, but not limited to, equestrian activities horseback
79	riding, hiking, bicycling, canoeing, jogging, and historical and
80	archaeological interpretation, thereby improving the health and
81	welfare of the people.
82	(2)  It is the intent of the Legislature that a statewide
83	system of greenways and trails be established to provide open
84	space benefiting environmentally sensitive lands and wildlife
85	and providing people with access to healthful outdoor
86	activities. It is also the intent of the Legislature to acquire
87	or designate lands and waterways to facilitate the establishment
88	of a statewide system of greenways and trails; to encourage the
89	multiple use of public rights-of-way and use to the fullest
90	extent existing and future scenic roads, highways, park roads,
91	parkways, greenways, trails, and national recreational trails;
92	to encourage the development of greenways and trails by
93	counties, cities, and special districts, and nongovernmental
94	organizations to assist in such development by any means
95	available; to coordinate greenway and trail plans and
96	development by local governments with one another and with the
97	state government and Federal Government; to encourage, whenever
98	possible, the development of greenways and trails on federal
99	lands by the Federal Government; and to encourage the owners of
100	private lands to protect the existing ecological, historical,
101	and cultural values of their lands, including those values
102	derived from working landscapes.
103	(5)  The planning, development, operation, and maintenance
104	of the Florida Greenways and Trails System authorized by this
105	chapter ss. 260.011-260.018 is declared to be a public purpose,
106	and the Department of Environmental Protection, together with
107	other agencies of this state and all counties, municipalities,
108	and special districts of this state, is authorized to spend
109	public funds for such purposes and to accept gifts and grants of
110	funds, property, or property rights from public or private
111	sources to be used for such purposes.
112	(6)  It is the intent of the Legislature to officially
113	recognize the Florida National Scenic Trail as Florida's
114	official statewide nonmotorized trail from the Florida Panhandle
115	to the Everglades and the Florida Keys, an approximate length of
116	more than 1,400 miles. The Legislature recognizes the major
117	contributions made in furtherance of the establishment of the
118	Florida National Scenic Trail by the United States Government,
119	including significant funding, and the efforts of private
120	landowners, state government, and not-for-profit entities such
121	as the Florida Trail Association. The Legislature also
122	recognizes the significant economic benefit of nature-based
123	recreation and the contributions to the state's economy that
124	arise from the creation and completion of the trail. In order to
125	further its commitment to the residents of this state and the
126	United States Government to complete the establishment of the
127	trail in a permanent location, it is further also the intent of
128	the Legislature to:
129	(a)  Encourage all state, regional, and local agencies that
130	who acquire lands to include in their land-buying efforts the
131	acquisition of sufficient legal interest in the lands over which
132	the trail passes to ensure its continued existence in a
133	permanent location.
134	(b)  Officially recognize the route of the trail for
135	establishment and acquisition purposes as determined by the
136	U.S.D.A. Forest Service, assisted by the Florida Trail
137	Association, in the publication entitled "Preferred Routing for
138	the Florida National Scenic Trail."
139	(c)  With the assistance of the Florida Trail Association
140	and the Office of Greenways and Trails, encourage state land-
141	buying agencies to consider the trail a single project with
142	multiple phases for the purpose of listing and acquisition.
143	(d)  Give positive consideration to the inclusion of
144	private funds used to supplement the state's contribution in its
145	efforts to acquire fee or less-than-fee interests in lands that
146	contain designated portions of the trail.
147	(e)  Encourage private landowners to continue to allow the
148	use of private property for trail purposes through existing and
149	future incentives and liability protection.
150	(f)  Encourage state and local agencies with economic and
151	ecotourism development responsibilities to recognize the
152	importance of the trail in bringing nature-based tourism to
153	local communities along the trail route and to support
154	acquisition and development activities for completion of the
155	trail in a permanent location.
156	Section 4.  Section 260.013, Florida Statutes, is amended
157	to read:
158	260.013  Definitions.--As used in this chapter ss. 260.011-
159	260.011-260.018, unless the context otherwise requires:
160	(1)  "Board" means the Board of Trustees of the Internal
161	Improvement Trust Fund.
162	(2)  "Department" means the Department of Environmental
163	Protection.
164	(3)  "Designation" means the identification and inclusion
165	of specific lands and waterways as part of the statewide system
166	of greenways and trails pursuant to a formal public process,
167	including the specific written consent of the landowner. When
168	the department determines that public access is appropriate for
169	greenways and trails, written authorization must be granted by
170	the landowner to the department permitting public access to all
171	or a specified part of the landowner's property. The
172	department's determination shall be noticed pursuant to s.
173	120.525, and the department shall also notify the landowner by
174	certified mail at least 7 days before any public meeting
175	regarding the intent to designate.
176	(4)  "Greenway" means a linear open space established along
177	either a natural corridor, such as a riverfront, stream valley,
178	or ridgeline, or over land along a railroad right-of-way
179	converted to recreational use, a canal, a scenic road, or other
180	route; any natural or landscaped course for pedestrian or
181	bicycle passage; an open space connector linking parks, nature
182	reserves, cultural features, or historic sites with each other
183	and populated areas; or a local strip or linear park designated
184	as a parkway or greenbelt.
185	(5)  "Office" means the Office of Greenways and Trails
186	within the Department of Environmental Protection.
187	(6)(5)  "Trails" means linear corridors and any adjacent
188	support parcels on land or water providing public access for
189	recreation or authorized alternative modes of transportation.
190	Section 5.  Section 260.0141, Florida Statutes, is amended
191	to read:
192	260.0141  Greenways and Trails Program.--There is
193	established within the department the "Florida Greenways and
194	Trails Program," the purpose of which is to facilitate the
195	establishment of a statewide system of greenways and trails.
196	Such greenways and trails shall be acquired pursuant to this
197	act. Planning materials, maps, data, and other information
198	developed or used in the program shall not be construed as
199	designation of lands as part of the statewide system of
200	greenways and trails. Identification of lands in such
201	information shall not:
202	(1)  Require or empower any unit of local or regional
203	government, or any state agency, to impose additional or more
204	restrictive environmental, land-use, or zoning regulations;
205	(2)  Be construed or cited as authority to adopt, enforce,
206	or amend any environmental rule or regulation; comprehensive
207	plan goals, policies, or objectives; or zoning or land-use
208	ordinance;
209	(3)  Be used as the basis for permit denial; imposition of
210	any permit condition; or application of any rule, regulation, or
211	ordinance by any subdivision of local, regional, or state
212	government; or
213	(4)  Be construed or cited as authority by any governmental
214	agency to reduce or restrict the rights of owners of lands so
215	identified.
216	Section 6.  Section 260.0142, Florida Statutes, is amended
217	to read:
218	260.0142  Florida Greenways and Trails Council;
219	composition; powers and duties.--
220	(1)  There is hereby created within the department of
221	Environmental Protection the Florida Greenways and Trails
222	Council which shall advise the department in the execution of
223	the department's powers and duties under this chapter. The
224	council shall be composed of 21 members, consisting of:
225	(a)  Five members appointed by the Governor, with two
226	members representing the trail user community, two members
227	representing the greenway user community, and one member
228	representing private landowners. Of the initial appointments,
229	two shall be appointed for 2-year terms and three shall be
230	appointed for 1-year terms. Subsequent appointments shall be for
231	2-year terms.
232	(b)  Three members appointed by the President of the
233	Senate, with one member representing the trail user community
234	and two members representing the greenway user community. Of the
235	initial appointments, two shall be appointed for 2-year terms
236	and one shall be appointed for a 1-year term. Subsequent
237	appointments shall be for 2-year terms.
238	(c)  Three members appointed by the Speaker of the House of
239	Representatives, with two members representing the trail user
240	community and one member representing the greenway user
241	community. Of the initial appointments, two shall be appointed
242	for 2-year terms and one shall be appointed for a 1-year term.
243	Subsequent appointments shall be for 2-year terms.
244
245	Those eligible to represent the trail user community shall be
246	chosen from, but not be limited to, paved trail users, hikers,
247	off-road bicyclists, users of off-highway vehicles, paddlers,
248	equestrians, disabled outdoor recreational users, and commercial
249	recreational interests. Those eligible to represent the greenway
250	user community shall be chosen from, but not be limited to,
251	conservation organizations, nature study organizations, and
252	scientists and university experts.
253	(d)  The 10 remaining members shall include:
254	1.  The Secretary of Environmental Protection or a
255	designee.;
256	2.  The executive director of the Fish and Wildlife
257	Conservation Commission or a designee.;
258	3.  The Secretary of Community Affairs or a designee.;
259	4.  The Secretary of Transportation or a designee.;
260	5.  The Director of the Division of Forestry of the
261	Department of Agriculture and Consumer Services or a designee.;
262	6.  The director of the Division of Historical Resources of
263	the Department of State or a designee.;
264	7.  A representative of the water management districts who
265	shall serve for 1 year. Membership on the council shall rotate
266	among the five districts. The districts shall determine the
267	order of rotation.;
268	8.  A representative of a federal land management agency.
269	The Secretary of Environmental Protection shall identify the
270	appropriate federal agency and request designation of a
271	representative from the agency to serve on the council.;
272	9.  A representative of the regional planning councils to
273	be appointed by the Secretary of Environmental Protection, in
274	consultation with the Secretary of Community Affairs. Membership
275	on the council shall rotate among the seven regional planning
276	councils. The regional planning councils shall determine the
277	order of rotation., for a single 2-year term. The representative
278	shall not be selected from the same regional planning council
279	for successive terms; and
280	10.  A representative of local governments to be appointed
281	by the Secretary of Environmental Protection, in consultation
282	with the Secretary of Community Affairs, for a single 2-year
283	term. Membership shall alternate between a county representative
284	and a municipal representative.
285	(2)  The department shall provide necessary staff
286	assistance to the council.
287	(3)  The term of all appointees shall be for 2 years unless
288	otherwise specified. The appointees of the Governor, the
289	President of the Senate, and the Speaker of the House of
290	Representatives may be reappointed for no more than four
291	consecutive terms. The representatives of the water management
292	districts, regional planning councils, and local governments may
293	be reappointed for no more than two consecutive terms. All other
294	appointees shall serve until replaced. The council is authorized
295	to contract for and to accept gifts, grants, or other aid from
296	the United States Government or any person or corporation.
297	(4)  The duties of the council shall include, but not be
298	limited to, the following:
299	(a)  Advise the Department of Environmental Protection, the
300	Department of Community Affairs, the Department of
301	Transportation, the Fish and Wildlife Conservation Commission,
302	the Division of Forestry of the Department of Agriculture and
303	Consumer Services, the water management districts, and the
304	regional planning councils on policies relating to the Florida
305	Greenways and Trails System, and promote intergovernmental
306	cooperation;
307	(a)(b)  Facilitate a statewide system of interconnected
308	landscape linkages, conservation corridors, greenbelts,
309	recreational corridors and trails, scenic corridors, utilitarian
310	corridors, reserves, regional parks and preserves, ecological
311	sites, and cultural/historic/recreational sites using;
312	(c)  Facilitate a statewide system of interconnected land-
313	based trails that connect urban, suburban, and rural areas of
314	the state and facilitate expansion of the statewide system of
315	freshwater and saltwater paddling trails.;
316	(b)(d)  Recommend priorities for critical links in the
317	Florida Greenways and Trails System.;
318	(c)(e)  Review recommendations of the office applications
319	for acquisition funding under the Florida Greenways and Trails
320	Program and recommend to the Secretary of Environmental
321	Protection which projects should be acquired.;
322	(f)  Provide funding recommendations to agencies and
323	organizations regarding the acquisition, development, and
324	management of greenways and trails, including the promotion of
325	private landowner incentives;
326	(d)(g)  Review designation proposals for inclusion in the
327	Florida Greenways and Trails System.;
328	(h)  Provide advocacy and education to benefit the
329	statewide system of greenways and trails by encouraging
330	communication and conferencing;
331	(e)(i)  Encourage public-private partnerships to develop
332	and manage greenways and trails.;
333	(f)(j)  Review progress toward meeting established
334	benchmarks and recommend appropriate action.;
335	(g)(k)  Make recommendations for updating and revising the
336	implementation plan for the Florida Greenways and Trails
337	System.;
338	(l)  Advise the Land Acquisition and Management Advisory
339	Council or its successor to ensure the incorporation of
340	greenways and trails in land management plans on lands managed
341	by the Department of Environmental Protection, the Fish and
342	Wildlife Conservation Commission, the Division of Historical
343	Resources of the Department of State, and the Division of
344	Forestry of the Department of Agriculture and Consumer Services;
345	(m)  Provide advice and assistance to the Department of
346	Transportation and the water management districts regarding the
347	incorporation of greenways and trails into their planning
348	efforts;
349	(n)  Encourage land use, environmental, and coordinated
350	linear infrastructure planning to facilitate the implementation
351	of local, regional, and statewide greenways and trails systems;
352	(h)(o)  Promote greenways and trails support
353	organizations.; and
354	(i)(p)  Support the Florida Greenways and Trails System
355	through intergovernmental coordination, budget recommendations,
356	advocacy, education, and in any other appropriate way.
357	(5)  The council shall establish procedures for conducting
358	its affairs in execution of the duties and responsibilities
359	stated in this section, which operating procedures shall include
360	determination of a council chair and other appropriate
361	operational guidelines. The council shall meet at the call of
362	the chair, or at such times as may be prescribed by its
363	operating procedures. The council may establish committees to
364	conduct the work of the council and the committees may include
365	nonmembers as appropriate.
366	(6)  A vacancy on the council shall be filled for the
367	remainder of the unexpired term in the same manner as the
368	original appointment. Members whose terms have expired may
369	continue to serve until replaced or reappointed. No member shall
370	serve on the council for more than two consecutive terms.
371	(7)  Members of the council may shall not receive any
372	compensation for their services but are shall be entitled to
373	receive reimbursement for per diem and travel expenses incurred
374	in the performance of their duties, as provided in s. 112.061.
375	Section 7.  Subsections (1) and (3) of section 260.015,
376	Florida Statutes, are amended to read:
377	260.015  Acquisition of land.--
378	(1)  The department is authorized to acquire by gift or
379	purchase the fee simple absolute title or any lesser interest in
380	land, including easements, for the purposes of this chapter ss.
381	260.011-260.018 pursuant to the provisions of chapter 375,
382	except that:
383	(a)  The department's power of eminent domain shall be
384	limited to curing defects in title accepted by the board
385	pursuant to subsection (2).
386	(b)  Lists of proposed acquisitions for the Florida
387	Greenways and Trails Program shall be prepared according to
388	procedures adopted by the department.
389	(c)  Projects acquired under this chapter shall not be
390	subject to the evaluation and selection procedures of s.
391	259.035, regardless of the estimated value of such projects. All
392	projects shall be acquired in accordance with the acquisition
393	procedures of chapter 259, except that the department may use
394	the appraisal procedure used by the Department of Transportation
395	to acquire transportation rights-of-way. When a parcel is
396	estimated to be valued at $100,000 or less and the department
397	finds that the costs of obtaining an outside appraisal are not
398	justified, an appraisal prepared by the department may be used.
399	(3)  Easements, licenses, and use agreements upon, over,
400	under, across, or along any land, the fee title of which has
401	been acquired for the purposes of this chapter ss. 260.011-
402	260.018, may be granted by the department so long as the use of
403	the easement, license, or use agreement does not interfere with
404	the purposes of this chapter ss. 260.011-260.018.
405	Section 8.  Subsection (1) and paragraph (a) of subsection
406	(2) of section 260.016, Florida Statutes, are amended to read:
407	260.016  General powers of the department.--
408	(1)  The department may:
409	(a)  Publish and distribute appropriate maps of designated
410	greenways and trails. The description shall include a
411	generalized map delineating the area designated, location of
412	suitable ingress and egress sites, as well as other points of
413	interest to enhance the recreational opportunities of the
414	public.
415	(b)  Establish access routes and related public-use
416	facilities along greenways and trails which will not
417	substantially interfere with the nature and purposes of the
418	greenway or trail.
419	(b)(c)  Adopt appropriate rules to implement or interpret
420	this chapter act and portions of chapter 253 relating to
421	greenways and trails, which may include, but are not limited to,
422	rules for the following:
423	1.  Establishing a designation process.
424	2.  Negotiating and executing agreements with private
425	landowners.
426	3.  Establishing prohibited activities or restrictions on
427	activities to protect the health, safety, and welfare of the
428	public.
429	4.  Charging fees for use.
430	5.  Providing public access to the greatest extent possible
431	while avoiding unnecessary impact upon sensitive environments
432	such as wetlands or animal habitats, wherever encountered.
433	6.  Providing for maintenance.
434	7.  Any matter necessary to the evaluation, selection,
435	operation, and maintenance of greenways and trails.
436
437	Any person who violates or otherwise fails to comply with the
438	rules adopted pursuant to subparagraph 3. commits a noncriminal
439	infraction for which a fine of up to $500 may be imposed.
440	(c)(d)  Coordinate the activities of all governmental units
441	and bodies and special districts that desire to participate in
442	the development and implementation of the Florida Greenways and
443	Trails System.
444	(d)(e)  Establish, develop, and publicize greenways and
445	trails in a manner that will permit public recreation when
446	appropriate without damaging natural resources and avoiding
447	unnecessary impact upon sensitive environments such as wetlands
448	or animal habitats, wherever encountered. The Big Bend Historic
449	Saltwater Paddling Trail from the St. Marks River to Yankeetown
450	is hereby designated as part of the Florida Greenways and Trails
451	System. Additions to this trail may be added by the Legislature
452	or the department from time to time as part of the Florida a
453	statewide saltwater Circumnavigation Saltwater Paddling Trail
454	created in s. 260.19.
455	(e)(f)  Enter into agreements with any federal, state, or
456	local governmental agency, or any other entity for the
457	management of greenways and trails for recreation and
458	conservation purposes consistent with the intent of this
459	chapter. Such entities must demonstrate their capabilities of
460	management for the purposes defined in this chapter ss. 260.011-
461	260.018.
462	(f)(g)  Charge reasonable fees or rentals for the use or
463	operation of facilities and concessions. All such fees, rentals,
464	or other charges collected shall be deposited in the account or
465	trust fund of the managing entity.
466	(g)(h)  Receive or accept from any legal source, grants for
467	the purpose of providing or improving public greenways and
468	trails, and the department is authorized to disburse funds as
469	pass-through grants to federal, state, or local government
470	agencies, recognized tribal units, or to nonprofit entities
471	created for this purpose. The department has authority to adopt
472	rules pursuant to ss. 120.536(1) and 120.54 to implement the
473	provisions of this subsection. Such rules shall provide, but are
474	not limited to, the following: procedures for grant
475	administration and accountability; eligibility, selection
476	criteria; maximum grant amounts and number of pending grants;
477	dedication requirements; and conversion procedures and
478	requirements.
479	(2)  The department shall:
480	(a)  Evaluate lands for the acquisition of greenways and
481	trails and compile a list of suitable corridors, greenways, and
482	trails, ranking them in order of priority for proposed
483	acquisition. The department shall devise a method of evaluation
484	which includes, but is not limited to, the consideration of the
485	importance and function of such corridors within the statewide
486	system as reflected on the opportunity maps and landowners'
487	willingness to negotiate.
488	Section 9.  Section 260.019, Florida Statutes, is created
489	to read:
490	260.019  Florida Circumnavigation Saltwater Paddling
491	Trail.--
492	(1)  The Florida Circumnavigation Saltwater Paddling Trail
493	is hereby created as part of the Florida Greenways and Trails
494	Program.
495	(2)  The department shall establish the initial starting
496	and ending points by latitude and longitude for the trail
497	segments described in subsection (3) within 180 days after the
498	effective date of this act. Except for the Big Bend Historic
499	Saltwater Paddling Trail, segment 6, the department has the
500	exclusive authority to officially name and locate the remaining
501	25 trail segments. The department shall name and locate the
502	segments based on logical geographical boundaries, safety to
503	trail users, ease of management, desires of local communities
504	and user groups, and other factors that assist in the overall
505	success of the trail system. The department may adjust the
506	location of any trail segment; give official recognition to
507	specific sites along the trail route; publish official trail
508	guides and literature in cooperation with other governmental and
509	private entities; and resolve conflicts that may arise between
510	competing and conflicting parties over trail issues. The Florida
511	Greenways and Trails Council may advise the department on all
512	matters relating to the paddling trail. By January 1, 2008, the
513	department shall prepare and submit a report setting forth the
514	names and locations adopted for each trail segment to the
515	Governor, the President of the Senate, and the Speaker of the
516	House of Representatives.
517	(3)  The Florida Circumnavigation Saltwater Paddling Trail
518	shall be composed of 26 segments that start at the Florida-
519	Alabama border on the west and end at the Florida-Georgia border
520	on the east. The general geographic locations of the segments
521	are:
522	(a)  Segment 1: Pensacola/Fort Pickens.
523	(b)  Segment 2: Choctawhatchee Bay.
524	(c)  Segment 3: Panama City Beach/St. Andrews Bay.
525	(d)  Segment 4: St. Joseph Bay/Apalachicola Bay.
526	(e)  Segment 5: Alligator Harbor/Ochlockonee Bay.
527	(f)  Segment 6: Big Bend Historic Saltwater Paddling Trail.
528	(g)  Segment 7: Crystal Bay/St. Martin's.
529	(h)  Segment 8: Pinellas.
530	(i)  Segment 9: Tampa Bay/Longboat Key.
531	(j)  Segment 10: Sarasota/Venice.
532	(k)  Segment 11: Charlotte Harbor.
533	(l)  Segment 12: Sanibel/Estero Bay.
534	(m)  Segment 13: Rookery Bay/Ten Thousand Islands.
535	(n)  Segment 14: Everglades National Park.
536	(o)  Segment 15: Florida Keys.
537	(p)  Segment 16: Biscayne Bay.
538	(q)  Segment 17: Hollywood/Ft. Lauderdale.
539	(r)  Segment 18: Pompano Beach/Lake Worth.
540	(s)  Segment 19: Palm Beach/Loxahatchee.
541	(t)  Segment 20: Hobe Sound/Ft. Pierce.
542	(u)  Segment 21: Vero Beach/Indian River Saltwater.
543	(v)  Segment 22: Merritt Island/Mosquito Lagoon.
544	(w)  Segment 23: Tomoka/Flagler.
545	(x)  Segment 24: Anastasia/Guana River.
546	(y)  Segment 25: Jacksonville/St. Johns River.
547	(z)  Segment 26: Nassau/Fort Clinch.
548	Section 10.  Section 260.021, Florida Statutes, is created
549	to read:
550	260.021  Recreational opportunities on mined lands.--The
551	Florida Wildlife Federation, Audubon Florida, and
552	Rails-to-Trails Conservancy, in partnership with the phosphate
553	industry and other mining companies, are encouraged to continue
554	the operation of the nonprofit corporation, Florida Mining-
555	Recreation, Inc., for the purpose of working with industry,
556	government, and private landowners to create plans and assist in
557	the development of recreational opportunities on mined lands in
558	the state. These opportunities should include walking, hiking,
559	use of off-highway vehicles, canoeing, bicycling, equestrian
560	activities, wildlife viewing, and other trail areas along with
561	developing fishing and hunting lands. The board of directors of
562	the corporation is encouraged to be composed of a member, or
563	members, from the companies mining in the state; a member, or
564	members, chosen by the Florida Wildlife Federation, Audubon
565	Florida, and Rails-to-Trails Conservancy; and other members
566	chosen by agreement of the partners. The corporation may be
567	eligible for funding from public and private sources that
568	support its purposes.
569	Section 11.  Section 335.067, Florida Statutes, is created
570	to read:
571	335.067  Conserve by Bicycle Program.--There is created
572	within the Department of Transportation the Conserve by Bicycle
573	Program.
574	(1)  The purposes of the Conserve by Bicycle Program are
575	to:
576	(a)  Save energy by increasing the number of miles ridden
577	on bicycles, thereby reducing the usage of petroleum-based
578	fuels.
579	(b)  Increase efficiency of cycling as a transportation
580	mode by improving interconnectivity.
581	(c)  Reduce traffic congestion on existing roads.
582	(d)  Provide recreational opportunities for Florida
583	residents and visitors.
584	(e)  Provide healthy alternatives to help reduce the trend
585	toward obesity and reduce long-term health costs.
586	(f)  Provide safe ways for children to travel from their
587	homes to their schools by supporting the Safe Paths to Schools
588	Program.
589	(2)  In order to help accomplish these goals, the
590	department shall conduct a Conserve by Bicycle study, which
591	shall include a determination of the following:
592	(a)  Where energy savings can be realized when more and
593	safer bicycle facilities, such as bicycle paths, bicycle lanes,
594	and other safe locations for bicycle use, are created that
595	reduce the use of motor vehicles in the area.
596	(b)  Where the use of education and marketing programs can
597	convert motor vehicle trips into bicycle trips.
598	(c)  How and under what circumstances the construction of
599	bicycling facilities can provide more opportunities for
600	recreation and how exercise can lead to a reduction of health
601	risks associated with a sedentary lifestyle.
602	(d)  How the Safe Paths to Schools Program and other
603	similar programs can reduce school-related commuter traffic,
604	which will result in energy and roadway savings as well as
605	improve the health of children throughout the state.
606	(e)  How partnerships can be created among interested
607	parties in the fields of transportation, law enforcement,
608	education, public health, environmental restoration and
609	conservation, and energy conservation to achieve a better
610	possibility of success for the program.
611	(3)  The study shall produce measurable criteria that can
612	be used by the department to determine where and under what
613	circumstances the construction of bicycling facilities will
614	reduce energy consumption and the need for and cost of roadway
615	capacity, as well as realizing the associated health benefits.
616	(4)  The department shall conduct the study with the
617	assistance of the State Pedestrian/Bicycle Coordinator,
618	metropolitan planning organizations, the Office of Greenways and
619	Trails within the Department of Environmental Protection, and
620	the Department of Health.
621	(5)  By July 1, 2007, if sufficient funds are available in
622	the department's budget or from the Federal Government, the
623	study shall be completed and shall be submitted to the Governor,
624	the President of the Senate, the Speaker of the House of
625	Representatives, the Secretary of Transportation, the Secretary
626	of Environmental Protection, and the Secretary of Health.
627	Section 12.  Paragraph (k) of subsection (4) of section
628	373.199, Florida Statutes, is amended to read:
629	373.199  Florida Forever Water Management District Work
630	Plan.--
631	(4)  The list submitted by the districts shall include,
632	where applicable, the following information for each project:
633	(k)  An identification of the proposed public access for
634	projects with land acquisition components, including the Florida
635	National Scenic Trail.
636	Section 13.  Subsection (6) of section 378.036, Florida
637	Statutes, is amended to read:
638	378.036  Land acquisitions financed by Nonmandatory Land
639	Reclamation Trust Fund moneys.--
640	(6)(a)  By January 1, 2004, or within 6 months following
641	the date funds become available from the Legislature, whichever
642	is later, the Florida Wildlife Federation, Audubon Florida, and
643	Rails-to-Trails Conservancy in partnership with the Florida
644	Phosphate Council are authorized to form a nonprofit corporation
645	pursuant to chapter 617 for the purpose of implementing this
646	section by creating plans and assisting in the development of
647	recreational opportunities on lands mined for phosphate in the
648	state. The first plans must concentrate on recreational
649	activities in Hardee and Hamilton Counties which will assist
650	them in rural economic development.
651	(b)  The board of directors of the corporation shall be
652	composed of three members, one designated by the Florida
653	Phosphate Council, one as the designee of the Florida Wildlife
654	Federation, Audubon Florida, and Rails-to-Trails Conservancy,
655	and the third chosen by the other two designees.
656	(c)  The business of the corporation shall be conducted by
657	the board of directors or a chief executive officer as the board
658	shall see fit in accordance with the provisions of its articles
659	of incorporation and applicable law. The activities of the
660	corporation shall be coordinated with all landowners who have
661	voluntarily agreed to participate in the process as well as any
662	local government where such lands are recorded.
663	(d)  An annual report of the activities of the corporation,
664	including a certified audit, shall be presented to the Secretary
665	of Environmental Protection or his or her designee by October 31
666	of each year following incorporation.
667	(e)  The corporation shall dissolve on January 1, 2009,
668	unless dissolved previously by action of its board of directors
669	or extended by the Legislature. Upon dissolution, any moneys
670	remaining in the accounts of the corporation that are
671	unobligated shall be returned to the funds from which they were
672	appropriated in proportion to the amount contributed. All
673	tangible assets of the corporation at dissolution which were
674	acquired using state funding shall become the property of the
675	Department of Environmental Protection.
676	Section 14.  Subsection (4) of section 380.507, Florida
677	Statutes, is amended to read:
678	380.507  Powers of the trust.--The trust shall have all the
679	powers necessary or convenient to carry out the purposes and
680	provisions of this part, including:
681	(4)  To acquire and dispose of real and personal property
682	or any interest therein when necessary or appropriate to protect
683	the natural environment, provide public access or public
684	recreational facilities, including the Florida National Scenic
685	Trail, preserve wildlife habitat areas, provide access for
686	managing acquired lands, or otherwise carry out the purposes of
687	this part. If the trust acquires land for permanent state
688	ownership, title to such land shall be vested in the Board of
689	Trustees of the Internal Improvement Trust Fund; otherwise,
690	title to property acquired in partnership with a county or
691	municipality shall vest in the name of the local government.
692	Notwithstanding any other provision of law, the trust may enter
693	into an option agreement to purchase lands included in projects
694	approved according to this part, when necessary to reserve lands
695	during the preparation of project plans and during acquisition
696	proceedings. The consideration for an option shall not exceed
697	$100,000.
698	Section 15.  Subsection (1) of section 110.501, Florida
699	Statutes, is amended to read:
700	110.501  Definitions.--As used in this act:
701	(1)  "Volunteer" means any person who, of his or her own
702	free will, provides goods or services, or conveys an interest in
703	or otherwise consents to the use of real property pursuant to
704	chapter 260 ss. 260.011-260.018, to any state department or
705	agency, or nonprofit organization, with no monetary or material
706	compensation. A person registered and serving in Older American
707	Volunteer Programs authorized by the Domestic Volunteer Service
708	Act of 1973, as amended (Pub. L. No. 93-113), shall also be
709	defined as a volunteer and shall incur no civil liability as
710	provided by s. 768.1355. A volunteer shall be eligible for
711	payment of volunteer benefits as specified in Pub. L. No. 93-
712	113, this section, and s. 430.204.
713	Section 16.  This act shall take effect upon becoming a
714	law.

CODING: Words stricken are deletions; words underlined are additions.