Florida Senate - 2023                                     SB 106
       
       
        
       By Senator Brodeur
       
       
       
       
       
       10-00178D-23                                           2023106__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Shared-Use Nonmotorized
    3         Trail Network; amending s. 260.014, F.S.; authorizing
    4         the Department of Environmental Protection to
    5         establish a program to recognize specified local
    6         communities as trail towns; amending s. 260.0142,
    7         F.S.; increasing the membership of the Florida
    8         Greenways and Trails Council; revising the duties of
    9         the council; defining the term “regionally significant
   10         trails”; amending s. 260.016, F.S.; revising the
   11         general powers of the department to include
   12         development and dissemination of criteria for
   13         prioritization of regionally significant trails within
   14         or connected to the Florida wildlife corridor;
   15         amending s. 288.1226, F.S.; revising the membership of
   16         the Florida Tourism Industry Marketing Corporation;
   17         amending s. 288.923, F.S.; specifying additional
   18         requirements for the marketing plan of the Division of
   19         Tourism Marketing; amending s. 320.072, F.S.;
   20         increasing the amount of funding the Department of
   21         Transportation is required to use for the Florida
   22         Shared-Use Nonmotorized Trail Network; amending s.
   23         335.065, F.S.; revising the funding priorities for the
   24         Department of Transportation’s trail projects;
   25         amending s. 339.175, F.S.; revising required
   26         components of long-range transportation plans
   27         developed by metropolitan planning organizations;
   28         amending s. 339.81, F.S.; revising legislative
   29         findings and intent; clarifying the components that
   30         make up Florida Shared-Use Nonmotorized Trail Network;
   31         extending the Florida Shared-Use Nonmotorized Trail
   32         Network to lands of the Florida wildlife corridor;
   33         including certain connecting components as parts of
   34         the statewide network; increasing the amount the
   35         Department of Transportation is required to allocate
   36         for purposes of funding and maintaining projects
   37         within the Florida Shared-Use Nonmotorized Trail
   38         Network; requiring the department to give funding
   39         priority to specified trail projects; requiring the
   40         department to construct projects within the Florida
   41         wildlife corridor or on other specified lands using
   42         previously disturbed lands; requiring the department
   43         to coordinate with other state agencies to ensure
   44         recreation and public access in developing the
   45         planning and design of trails; requiring the
   46         department to program projects in the work program for
   47         development of the entire trail and to minimize
   48         creation of gaps between trail segments; requiring the
   49         department to ensure that local support exists for
   50         projects and trail segments; requiring metropolitan
   51         planning organizations or boards of county
   52         commissioners to include trails in project priorities;
   53         requiring the department to create and erect certain
   54         signage; authorizing the department and local
   55         governments to enter into a sponsorship agreement with
   56         certain entities for commercial sponsorship displays
   57         on multiuse trails and related facilities; requiring
   58         the department or local government to administer a
   59         sponsorship agreement and ensure that a sponsorship
   60         agreement complies with specified requirements;
   61         subjecting sponsorship agreements to specified federal
   62         laws and agreements; providing that no proprietary or
   63         compensable interest in any sign, display site, or
   64         location is created; requiring the Department of
   65         Transportation, in coordination with the Department of
   66         Environmental Protection, to submit a report by a
   67         certain date, and at specified intervals thereafter,
   68         to the Governor and the Legislature summarizing the
   69         status of the Florida Shared-Use Nonmotorized Trail
   70         Network; authorizing the Department of Transportation
   71         to include in the report its recommendations for
   72         legislative revisions that would facilitate
   73         connectivity of the statewide network; requiring that
   74         specified items be included in the report; requiring
   75         the department to coordinate with certain entities
   76         regarding certain items in the report; providing an
   77         appropriation; providing for construction; authorizing
   78         the department to take certain action regarding
   79         funding for the trail network projects in response to
   80         appropriations made by the act; providing an effective
   81         date.
   82          
   83  Be It Enacted by the Legislature of the State of Florida:
   84  
   85         Section 1. Section 260.014, Florida Statutes, is amended to
   86  read:
   87         260.014 Florida Greenways and Trails System.—The Florida
   88  Greenways and Trails System shall be a statewide system of
   89  greenways and trails which shall consist of individual greenways
   90  and trails and networks of greenways and trails which may be
   91  designated as a part of the statewide system by the department.
   92  The department may establish a program to recognize local
   93  communities located along or in proximity to one or more long
   94  distance nonmotorized recreational trails as trail towns.
   95  Mapping or other forms of identification of lands and waterways
   96  as suitable for inclusion in the system of greenways and trails,
   97  mapping of ecological characteristics for any purpose, or
   98  development of information for planning purposes shall not
   99  constitute designation. No lands or waterways may be designated
  100  as a part of the statewide system of greenways and trails
  101  without the specific written consent of the landowner.
  102         Section 2. Subsections (1) and (4) of section 260.0142,
  103  Florida Statutes, are amended to read:
  104         260.0142 Florida Greenways and Trails Council; composition;
  105  powers and duties.—
  106         (1) There is created within the department the Florida
  107  Greenways and Trails Council which shall advise the department
  108  in the execution of the department’s powers and duties under
  109  this chapter. The council shall be composed of 21 20 members,
  110  consisting of:
  111         (a)1. Six Five members appointed by the Governor, with two
  112  members representing the trail user community, two members
  113  representing the greenway user community, one member from the
  114  board of the Florida Wildlife Corridor Foundation, and one
  115  member representing private landowners.
  116         2. Three members appointed by the President of the Senate,
  117  with one member representing the trail user community and two
  118  members representing the greenway user community.
  119         3. Three members appointed by the Speaker of the House of
  120  Representatives, with two members representing the trail user
  121  community and one member representing the greenway user
  122  community.
  123  
  124  Those eligible to represent the trail user community shall be
  125  chosen from, but not be limited to, paved trail users, hikers,
  126  off-road bicyclists, users of off-highway vehicles, paddlers,
  127  equestrians, disabled outdoor recreational users, and commercial
  128  recreational interests. Those eligible to represent the greenway
  129  user community must shall be chosen from, but not be limited to,
  130  conservation organizations, nature study organizations, and
  131  scientists and university experts.
  132         (b) The 9 remaining members shall include:
  133         1. The Secretary of Environmental Protection or a designee.
  134         2. The executive director of the Fish and Wildlife
  135  Conservation Commission or a designee.
  136         3. The Secretary of Transportation or a designee.
  137         4. The Director of the Florida Forest Service of the
  138  Department of Agriculture and Consumer Services or a designee.
  139         5. The director of the Division of Historical Resources of
  140  the Department of State or a designee.
  141         6. A representative of the water management districts.
  142  Membership on the council must shall rotate among the five
  143  districts. The districts shall determine the order of rotation.
  144         7. A representative of a federal land management agency.
  145  The Secretary of Environmental Protection shall identify the
  146  appropriate federal agency and request designation of a
  147  representative from the agency to serve on the council.
  148         8. A representative of the regional planning councils to be
  149  appointed by the Secretary of Environmental Protection.
  150  Membership on the council must shall rotate among the seven
  151  regional planning councils. The regional planning councils shall
  152  determine the order of rotation.
  153         9. A representative of local governments to be appointed by
  154  the Secretary of Environmental Protection. Membership must shall
  155  alternate between a county representative and a municipal
  156  representative.
  157         (4) The duties of the council shall include the following:
  158         (a) Facilitate a statewide system of interconnected
  159  landscape linkages, conservation corridors, lands and waters of
  160  the Florida wildlife corridor, greenbelts, recreational
  161  corridors and trails, scenic corridors, utilitarian corridors,
  162  reserves, regional parks and preserves, ecological sites, and
  163  cultural/historic/recreational sites using land-based trails
  164  that connect urban, suburban, and rural areas of the state and
  165  facilitate expansion of the statewide system of freshwater and
  166  saltwater paddling trails.
  167         (b) Recommend priorities for critical links in the Florida
  168  Greenways and Trails System.
  169         (c) Recommend priorities for regionally significant trails
  170  within the Florida Greenways and Trails System for inclusion by
  171  the Department of Transportation in the Florida Shared-Use
  172  Nonmotorized Trail Network as defined by s. 339.81. For purposes
  173  of this section, the term “regionally significant trails” means
  174  trails that cross multiple counties, attract national and
  175  international visitors, and serve as an opportunity for economic
  176  and ecotourism development; showcase the natural value of this
  177  state’s wildlife areas, ecology, and natural resources; and
  178  serve as main corridors for critical links and trail
  179  connectedness across this state.
  180         (d) Review recommendations of the office for acquisition
  181  funding under the Florida Greenways and Trails Program and
  182  recommend to the Secretary of Environmental Protection which
  183  projects should be acquired.
  184         (e)(d) Review designation proposals for inclusion in the
  185  Florida Greenways and Trails System.
  186         (f)(e) Encourage public-private partnerships to develop and
  187  manage greenways and trails.
  188         (g)(f) Review progress toward meeting established
  189  benchmarks and recommend appropriate action.
  190         (h)(g) Make recommendations for updating and revising the
  191  implementation plan for the Florida Greenways and Trails System,
  192  including, but not limited to, recommendations for
  193  prioritization of regionally significant trails within the
  194  Florida Shared-Use Nonmotorized Trail Network.
  195         (i)Coordinate and facilitate land acquisition efforts for
  196  lands to be used, in whole or in part, for regionally
  197  significant trails on the Florida Shared-Use Nonmotorized Trail
  198  Network with the Department of Transportation, the Florida
  199  Forest Service of the Department of Agriculture and Consumer
  200  Services, and other appropriate entities.
  201         (j)(h) Promote greenways and trails support organizations.
  202         (k)(i) Support the Florida Greenways and Trails System
  203  through intergovernmental coordination, budget recommendations,
  204  advocacy, education, and any other appropriate way.
  205         Section 3. Paragraph (d) of subsection (2) of section
  206  260.016, Florida Statutes, is amended to read:
  207         260.016 General powers of the department.—
  208         (2) The department shall:
  209         (d) Develop and implement a process for designation of
  210  lands and waterways as a part of the statewide system of
  211  greenways and trails, which shall include:
  212         1. Development and dissemination of criteria for
  213  designation, including, but not limited to, criteria for
  214  prioritization of regionally significant trails within or
  215  connected to the Florida wildlife corridor as described in s.
  216  259.1055.
  217         2. Development and dissemination of criteria for changes in
  218  the terms or conditions of designation, including withdrawal or
  219  termination of designation. A landowner may have his or her
  220  lands removed from designation by providing the department with
  221  a written request that contains an adequate description of such
  222  lands to be removed. Provisions shall be made in the designation
  223  agreement for disposition of any future improvements made to the
  224  land by the department.
  225         3. Public notice pursuant to s. 120.525 in all phases of
  226  the process.
  227         4. Written authorization from the landowner in the form of
  228  a lease or other instrument for the designation and granting of
  229  public access, if appropriate, to a landowner’s property.
  230         5. A greenway or trail use plan as a part of the
  231  designation agreement which shall, at a minimum, describe the
  232  types and intensities of uses of the property.
  233         Section 4. Paragraph (b) of subsection (4) of section
  234  288.1226, Florida Statutes, is amended to read:
  235         288.1226 Florida Tourism Industry Marketing Corporation;
  236  use of property; board of directors; duties; audit.—
  237         (4) BOARD OF DIRECTORS.—The board of directors of the
  238  corporation shall be composed of 31 tourism-industry-related
  239  members, appointed by Enterprise Florida, Inc., in conjunction
  240  with the department. Board members shall serve without
  241  compensation, but are entitled to receive reimbursement for per
  242  diem and travel expenses pursuant to s. 112.061. Such expenses
  243  must be paid out of funds of the corporation.
  244         (b) The 15 additional tourism-industry-related members
  245  shall include 1 representative from the statewide rental car
  246  industry; 6 7 representatives from tourist-related statewide
  247  associations, including those that represent hotels,
  248  campgrounds, county destination marketing organizations,
  249  museums, restaurants, retail, and attractions; 3 representatives
  250  from county destination marketing organizations; 1
  251  representative from the cruise industry; 1 representative from
  252  an automobile and travel services membership organization that
  253  has at least 2.8 million members in Florida; 1 representative
  254  from the airline industry; 1 representative from the nature
  255  based tourism industry; and 1 representative from the space
  256  tourism industry, who will each serve for a term of 2 years.
  257         Section 5. Paragraph (c) of subsection (4) of section
  258  288.923, Florida Statutes, is amended to read:
  259         288.923 Division of Tourism Marketing; definitions;
  260  responsibilities.—
  261         (4) The division’s responsibilities and duties include, but
  262  are not limited to:
  263         (c) Developing a 4-year marketing plan.
  264         1. At a minimum, the marketing plan shall discuss the
  265  following:
  266         a. Continuation of overall tourism growth in this state.
  267         b. Expansion to new or under-represented tourist markets.
  268         c. Maintenance of traditional and loyal tourist markets.
  269         d. Coordination of efforts with county destination
  270  marketing organizations, other local government marketing
  271  groups, privately owned attractions and destinations, and other
  272  private sector partners to create a seamless, four-season
  273  advertising campaign for the state and its regions.
  274         e. Development of innovative techniques or promotions to
  275  build repeat visitation by targeted segments of the tourist
  276  population.
  277         f. Consideration of innovative sources of state funding for
  278  tourism marketing.
  279         g. Promotion of nature-based tourism, including, but not
  280  limited to, promotion of the Florida Greenways and Trails System
  281  as described under s. 260.014 and the Florida Shared-Use
  282  Nonmotorized Trail Network as described under s. 339.81 and
  283  heritage tourism.
  284         h. Coordination of efforts with the Office of Greenways and
  285  Trails of the Department of Environmental Protection and the
  286  department to promote and assist local communities, including,
  287  but not limited to, communities designated as trail towns by the
  288  Office of Greenways and Trails, to maximize use of nearby trails
  289  as economic assets, including specific promotion of trail-based
  290  tourism.
  291         i. Promotion of heritage tourism.
  292         j. Development of a component to address emergency response
  293  to natural and manmade disasters from a marketing standpoint.
  294         2. The plan must shall be annual in construction and
  295  ongoing in nature. Any annual revisions of the plan must shall
  296  carry forward the concepts of the remaining 3-year portion of
  297  the plan and consider a continuum portion to preserve the 4-year
  298  timeframe of the plan. The plan also must shall include
  299  recommendations for specific performance standards and
  300  measurable outcomes for the division and direct-support
  301  organization. The department, in consultation with the board of
  302  directors of Enterprise Florida, Inc., shall base the actual
  303  performance metrics on these recommendations.
  304         3. The 4-year marketing plan must shall be developed in
  305  collaboration with the Florida Tourism Industry Marketing
  306  Corporation. The plan must shall be annually reviewed and
  307  approved by the board of directors of Enterprise Florida, Inc.
  308         Section 6. Paragraph (a) of subsection (4) of section
  309  320.072, Florida Statutes, is amended to read:
  310         320.072 Additional fee imposed on certain motor vehicle
  311  registration transactions.—
  312         (4) A tax collector or other authorized agent of the
  313  department shall promptly remit all moneys collected pursuant to
  314  this section, less any refunds granted pursuant to subsection
  315  (3), to the department. The department shall deposit 85.7
  316  percent of such moneys into the State Transportation Trust Fund
  317  and 14.3 percent into the Highway Safety Operating Trust Fund.
  318  Notwithstanding any other law, the moneys deposited into the
  319  State Transportation Trust Fund pursuant to this subsection
  320  shall be used by the Department of Transportation for the
  321  following:
  322         (a) The Florida Shared-Use Nonmotorized Trail Network
  323  established in s. 339.81, $50 million $25 million.
  324         Section 7. Paragraph (a) of subsection (4) of section
  325  335.065, Florida Statutes, is amended to read:
  326         335.065 Bicycle and pedestrian ways along state roads and
  327  transportation facilities.—
  328         (4)(a) The department may use appropriated funds to support
  329  the establishment of a statewide system of interconnected
  330  multiuse trails and to pay the costs of planning, land
  331  acquisition, design, and construction of such trails and related
  332  facilities. The department shall give funding priority to
  333  projects that:
  334         1. Are recommended priorities by the Florida Greenways and
  335  Trails Council as regionally significant trails pursuant to s.
  336  260.0142(4)(c).
  337         3. Are otherwise identified by the Florida Greenways and
  338  Trails Council as a priority for critical linkage and trail
  339  connectedness within the Florida Greenways and Trails System
  340  under chapter 260.
  341         5.2. Support the transportation needs of bicyclists and
  342  pedestrians.
  343         2.3. Have national, statewide, or regional importance.
  344         4. Facilitate an interconnected system of trails by
  345  completing gaps between existing trails.
  346         Section 8. Paragraph (d) of subsection (7) of section
  347  339.175, Florida Statutes, is amended to read:
  348         339.175 Metropolitan planning organization.—
  349         (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
  350  develop a long-range transportation plan that addresses at least
  351  a 20-year planning horizon. The plan must include both long
  352  range and short-range strategies and must comply with all other
  353  state and federal requirements. The prevailing principles to be
  354  considered in the long-range transportation plan are: preserving
  355  the existing transportation infrastructure; enhancing Florida’s
  356  economic competitiveness; and improving travel choices to ensure
  357  mobility. The long-range transportation plan must be consistent,
  358  to the maximum extent feasible, with future land use elements
  359  and the goals, objectives, and policies of the approved local
  360  government comprehensive plans of the units of local government
  361  located within the jurisdiction of the M.P.O. Each M.P.O. is
  362  encouraged to consider strategies that integrate transportation
  363  and land use planning to provide for sustainable development and
  364  reduce greenhouse gas emissions. The approved long-range
  365  transportation plan must be considered by local governments in
  366  the development of the transportation elements in local
  367  government comprehensive plans and any amendments thereto. The
  368  long-range transportation plan must, at a minimum:
  369         (d) Indicate, as appropriate, proposed transportation
  370  enhancement activities, including, but not limited to,
  371  pedestrian and bicycle facilities, trails or facilities that are
  372  regionally significant or critical linkages for the Florida
  373  Shared-Use Nonmotorized Trail Network, scenic easements,
  374  landscaping, historic preservation, mitigation of water
  375  pollution due to highway runoff, and control of outdoor
  376  advertising.
  377  
  378  In the development of its long-range transportation plan, each
  379  M.P.O. must provide the public, affected public agencies,
  380  representatives of transportation agency employees, freight
  381  shippers, providers of freight transportation services, private
  382  providers of transportation, representatives of users of public
  383  transit, and other interested parties with a reasonable
  384  opportunity to comment on the long-range transportation plan.
  385  The long-range transportation plan must be approved by the
  386  M.P.O.
  387         Section 9. Section 339.81, Florida Statutes, is amended to
  388  read:
  389         339.81 Florida Shared-Use Nonmotorized Trail Network.—
  390         (1) The Legislature finds that increasing demands continue
  391  to be placed on the state’s transportation system by a growing
  392  economy, continued population growth, and increasing tourism.
  393  The Legislature also finds that accommodating significant
  394  challenges to providing additional capacity to the conventional
  395  transportation system exist and will require enhanced
  396  accommodation of alternative travel modes to meet the needs of
  397  residents and visitors and providing trails for bicyclist and
  398  pedestrian travel that allows for the appreciation of the
  399  conservation and stewardship of environmentally important lands
  400  in Florida are of significant importance. The Legislature finds
  401  that the investment of the state in the Florida wildlife
  402  corridor as defined in s. 259.1055 is of significant interest to
  403  the public and that the provision of paved multiuse trails
  404  within or between areas of the Florida wildlife corridor would
  405  provide the public the ability to enjoy Florida’s natural
  406  resources and bring ecotourism and economic opportunities to
  407  local trail town communities. The Legislature further finds that
  408  improving bicyclist and pedestrian safety for both residents and
  409  visitors is remains a high priority. Therefore, the Legislature
  410  declares that the development of a nonmotorized trail network
  411  will increase mobility and recreational alternatives for
  412  Florida’s residents and visitors;, enhance economic prosperity;,
  413  enrich quality of life;, enhance safety;, and reflect
  414  responsible environmental stewardship; and facilitate support
  415  for the protection, preservation, and enhancement of the natural
  416  and recreational value of the Florida wildlife corridor by
  417  providing minimally invasive public access to it when feasible
  418  and compatible with the lands. To that end, it is the intent of
  419  the Legislature that the department make use of its expertise in
  420  efficiently providing transportation projects to develop and
  421  construct the Florida Shared-Use Nonmotorized Trail Network,
  422  consisting of a statewide network of nonmotorized trails which
  423  allows nonmotorized vehicles and pedestrians to access a variety
  424  of origins and destinations with limited exposure to motorized
  425  vehicles.
  426         (2)(a) The Florida Shared-Use Nonmotorized Trail Network is
  427  created as a component of the Florida Greenways and Trails
  428  System established in chapter 260. The Florida Shared-Use
  429  Nonmotorized Trail Network consists of a statewide network of
  430  nonmotorized trails that allow bicyclists and pedestrians to
  431  access a variety of points of origin and destinations with
  432  limited exposure to motorized vehicles.
  433         (b) The multiuse trails or shared-use paths of the
  434  statewide network must be consists of multiuse trails or shared
  435  use paths physically separated from motor vehicle traffic and
  436  constructed with asphalt, concrete, or another hard surface.
  437         (c) The statewide network which, by virtue of design,
  438  location, extent of connectivity or potential connectivity, and
  439  allowable uses, provides nonmotorized transportation
  440  opportunities for bicyclists and pedestrians statewide between
  441  and within a wide range of points of origin and destinations,
  442  including, but not limited to, communities, conservation areas,
  443  lands of the Florida wildlife corridor, state parks, beaches,
  444  and other natural or cultural attractions for a variety of trip
  445  purposes, including work, school, shopping, and other personal
  446  business, as well as social, recreational, and personal fitness
  447  purposes.
  448         (3) Network components do not include sidewalks, nature
  449  trails, loop trails wholly within a single park or natural area,
  450  or on-road facilities, such as bicycle lanes or routes. However,
  451  components that connect to nature trails, loop trails, or other
  452  points of public access wholly within a single park or natural
  453  area may be included in the network, as well as any of the
  454  following other than:
  455         (a) On-road facilities that are no longer than one-half
  456  mile connecting two or more nonmotorized trails, if the
  457  provision of non-road facilities is infeasible and if such on
  458  road facilities are signed and marked for nonmotorized use.; or
  459         (b) On-road components of the Florida Keys Overseas
  460  Heritage Trail.
  461         (4) The planning, development, operation, and maintenance
  462  of the Florida Shared-Use Nonmotorized Trail Network is declared
  463  to be a public purpose, and the department, together with other
  464  agencies of this state and all counties, municipalities, and
  465  special districts of this state, may spend public funds for such
  466  purposes and accept gifts and grants of funds, property, or
  467  property rights from public or private sources to be used for
  468  such purposes.
  469         (5)(a) The department shall include the Florida Shared-Use
  470  Nonmotorized Trail Network in its work program developed
  471  pursuant to s. 339.135. For purposes of funding and maintaining
  472  projects within the network, the department shall allocate in
  473  its program and resource plan a minimum of $50 million $25
  474  million annually, beginning with in the 2023-2024 2015-2016
  475  fiscal year.
  476         (b) The department shall give funding priority to projects
  477  that:
  478         1. Are recommended priorities by the Florida Greenways and
  479  Trails Council as regionally significant trails pursuant to s.
  480  260.0142(4)(c).
  481         2. Have national, statewide, or regional importance.
  482         3. Are otherwise identified by the Florida Greenways and
  483  Trails Council as a priority for critical linkage and trail
  484  connectedness within the Florida Greenways and Trails System
  485  under chapter 260.
  486         4. Facilitate an interconnected system of trails by
  487  completing gaps between existing trails.
  488         5.Support the transportation needs of bicyclists and
  489  pedestrians.
  490         (c) For trail projects to be constructed within the Florida
  491  wildlife corridor as defined in s. 259.1055 or on conservation
  492  lands or other lands subject to conservation easements, land
  493  management plans, or agreements, to the greatest extent
  494  possible, the department shall ensure projects are constructed
  495  using previously disturbed lands, such as abandoned roads and
  496  railroads, utility rights-of-way, canal corridors and drainage
  497  berms, permanent fire lines, and other lands having appropriate
  498  potential to serve the purposes specified by law of both the
  499  trail network and the Florida wildlife corridor. In developing
  500  the planning and design of trails, the department shall
  501  coordinate with other state agencies to ensure that appropriate
  502  recreation or public access is available for such projects.
  503         (d) To the greatest extent practicable, the department
  504  shall program projects in the work program to plan for
  505  development of the entire trail and to minimize the creation of
  506  gaps between trail segments. The department shall, at a minimum,
  507  ensure that local support exists for projects and trail
  508  segments, including the availability or dedication of local
  509  funding sources and of contributions by private landowners who
  510  agree to make their land, or property interests in such land,
  511  available for public use as a trail.
  512         (e)Each metropolitan planning organization or board of
  513  county commissioners, as appropriate, shall include in its list
  514  of project priorities required under ss. 339.135(4)(c)1. and
  515  339.175(8) one or more projects that are a priority under
  516  paragraph (b) and meet the requirements of this section. When
  517  developing the district work program under s. 339.135(4), each
  518  district must ensure that projects are included in the work
  519  program which are a priority under paragraph (b) and meet the
  520  requirements of this section.
  521         (6)(a)The department shall create uniform signage to
  522  identify trails that are part of the statewide network and
  523  shall, when feasible and permissible, erect signage on all such
  524  trails open to public use, regardless of when the trail was
  525  first opened. The department is not otherwise obligated to
  526  provide funds for the operation and maintenance of any trail on
  527  the statewide network.
  528         (b) The department may enter into a memorandum of agreement
  529  with a local government or other agency of the state to transfer
  530  maintenance responsibilities of an individual network component.
  531  The department may contract with a not-for-profit entity or
  532  private sector business or entity to provide maintenance
  533  services on an individual network component.
  534         (7)(a) The department may enter into a sponsorship
  535  agreement with a not-for-profit entity or private sector
  536  business or entity for commercial sponsorship displays on
  537  multiuse trails and related facilities. The department shall
  538  deposit any sponsorship agreement revenues into the State
  539  Transportation Trust Fund to be used for maintenance, signage,
  540  and provision of amenities on the multiuse trails and related
  541  facilities. Local governments may also enter into sponsorship
  542  agreements and likewise use the revenues for maintenance,
  543  signage, and provision of amenities on the multiuse trails and
  544  related facilities. A sponsorship agreement shall be
  545  administered by the department or the local government, as
  546  appropriate, and the department or the local government shall
  547  ensure that the sponsorship agreement complies with the
  548  requirements of s. 335.065(3)(b) and (c).
  549         (b) Commercial sponsorship displays are subject to the
  550  requirements of the Highway Beautification Act of 1965 and all
  551  federal laws and agreements, when applicable. This subsection
  552  does not create a proprietary or compensable interest in any
  553  sign, display site, or location.
  554         (8) By June 30, 2026, and every third year on June 30
  555  thereafter, the department, in coordination with the Department
  556  of Environmental Protection, shall submit a report to the
  557  Governor, the President of the Senate, and the Speaker of the
  558  House of Representatives summarizing the status of the Florida
  559  Shared-Use Nonmotorized Trail Network. The report may include
  560  recommendations for any legislative revisions deemed appropriate
  561  to facilitate connectivity of the statewide network.
  562         (a)At a minimum, the report must include all of the
  563  following:
  564         1. The total number of completed miles of nonmotorized
  565  trails on the network.
  566         2. The total number of completed miles of nonmotorized
  567  trails on the network not adjacent to a roadway facility.
  568         3. The total number of completed miles of nonmotorized
  569  trails on the network adjacent to a roadway facility.
  570         4. The total number of completed miles of nonmotorized
  571  trails on the network which are within or between areas of the
  572  Florida wildlife corridor as defined in s. 259.1055.
  573         5. The total remaining miles of nonmotorized trails on the
  574  network which are planned for acquisition and construction.
  575         6. The total expenditures, by funding source, associated
  576  with implementing the network.
  577         7. The total expenditures, by project phase, including
  578  preliminary and environmental planning, design, acquisition of
  579  right-of-way, and new construction of trail surfaces and bridges
  580  on the network.
  581         (b) The department shall also coordinate with the Florida
  582  Tourism Industry Marketing Corporation, local governments, or
  583  other entities who have related information to include in the
  584  report. For each existing trail on the network which is open to
  585  public use, identified by the department’s trailway
  586  identification number, segment name, segment length, and county
  587  of location, the department’s report must provide nonmotorized
  588  trail operational and performance measures that include, but are
  589  not limited to:
  590         1. The total number of trail visits.
  591         2. The primary travel modes used on the trail.
  592         3. The frequency of trail usage.
  593         4.The average duration of trail usage.
  594         5. The distance traveled during a trail visit.
  595         6. The average amount spent by a user during a typical
  596  trail visit.
  597         7. The total amount of user expenditures.
  598         8. Any other measure deemed appropriate.
  599         Section 10. For the 2023-2024 fiscal year, the sum of $200
  600  million in nonrecurring funds from the General Revenue Fund is
  601  appropriated to the Department of Transportation as fixed
  602  capital outlay to plan, design, and construct projects on the
  603  Florida Shared-Use Nonmotorized Trail Network as provided by
  604  this act.
  605         Section 11. The amendments made to s. 339.81, Florida
  606  Statutes, by this act, are not intended to delete, defer, delay,
  607  or otherwise revise Florida Shared-Use Nonmotorized Trail
  608  Network projects programmed in the Department of
  609  Transportation’s tentative 5-Year work program for Fiscal Year
  610  2023-2024 through 2027-2028. The department may maintain such
  611  projects in development of the adopted work program. For
  612  additional funding allocated to the network in section 9 of this
  613  act or appropriated in section 10 of this act, the department
  614  shall work with the metropolitan planning organizations, boards
  615  of county commissioners, and districts, where appropriate, to
  616  revise any year of the 5-year work program pursuant to s.
  617  339.135(5), Florida Statutes, to identify new Florida Shared-Use
  618  Nonmotorized Trail Network projects to be added or projects or
  619  phases thereof that may be moved up from the portion of the
  620  tentative work program for the following 4 fiscal years.
  621         Section 12. This act shall take effect July 1, 2023.