Florida Senate - 2023 CS for SB 106
By the Committee on Appropriations; and Senator Brodeur
576-02173-23 2023106c1
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 composition
16 of the board of directors of the Florida Tourism
17 Industry Marketing Corporation; amending s. 288.923,
18 F.S.; specifying additional requirements for the
19 marketing plan of the Division of Tourism Marketing;
20 amending s. 320.072, F.S.; increasing the amount of
21 funding the Department of Transportation is required
22 to use for the Florida Shared-Use Nonmotorized Trail
23 Network; amending s. 335.065, F.S.; revising the
24 funding priorities for the Department of
25 Transportation’s trail projects; amending s. 339.175,
26 F.S.; revising required components of long-range
27 transportation plans developed by metropolitan
28 planning organizations; amending s. 339.81, F.S.;
29 revising legislative findings and intent; clarifying
30 the components that make up Florida Shared-Use
31 Nonmotorized Trail Network; extending the Florida
32 Shared-Use Nonmotorized Trail Network to lands of the
33 Florida wildlife corridor; including certain
34 connecting components as parts of the statewide
35 network; increasing the amount the Department of
36 Transportation is required to allocate for purposes of
37 funding and maintaining projects within the Florida
38 Shared-Use Nonmotorized Trail Network; requiring the
39 department to give funding priority to specified trail
40 projects; requiring the department to construct
41 projects within the Florida wildlife corridor or on
42 other specified lands using previously disturbed
43 lands; requiring the department to coordinate with
44 other state agencies to ensure recreation and public
45 access in developing the planning and design of
46 trails; requiring the department to program projects
47 in the work program for development of the entire
48 trail and to minimize creation of gaps between trail
49 segments; requiring the department to ensure that
50 local support exists for projects and trail segments;
51 requiring metropolitan planning organizations or
52 boards of county commissioners to include trails in
53 project priorities; requiring the department to create
54 and erect certain signage; authorizing the department
55 and local governments to enter into a sponsorship
56 agreement with certain entities for commercial
57 sponsorship displays on multiuse trails and related
58 facilities; requiring the department or local
59 government to administer a sponsorship agreement and
60 ensure that a sponsorship agreement complies with
61 specified requirements; subjecting sponsorship
62 agreements to specified federal laws and agreements;
63 providing that no proprietary or compensable interest
64 in any sign, display site, or location is created;
65 requiring the Department of Transportation, in
66 coordination with the Department of Environmental
67 Protection, to submit a report by a certain date, and
68 at specified intervals thereafter, to the Governor and
69 the Legislature summarizing the status of the Florida
70 Shared-Use Nonmotorized Trail Network; authorizing the
71 Department of Transportation to include in the report
72 its recommendations for legislative revisions that
73 would facilitate connectivity of the statewide
74 network; requiring that specified items be included in
75 the report; requiring the department to coordinate
76 with certain entities regarding certain items in the
77 report; providing an appropriation; providing for
78 construction; authorizing the department to take
79 certain action regarding funding for the trail network
80 projects in response to appropriations made by the
81 act; providing an effective 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. Subsection (4) of section 288.1226, Florida
234 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 32 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. The board shall be
244 composed of all of the following members:
245 (a) Sixteen members The board shall consist of 16 members,
246 appointed in such a manner as to equitably represent all
247 geographic areas of this the state, with no fewer than two
248 members from any of the following regions:
249 1. Region 1, composed of Bay, Calhoun, Escambia, Franklin,
250 Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
251 Okaloosa, Santa Rosa, Wakulla, Walton, and Washington Counties.
252 2. Region 2, composed of Alachua, Baker, Bradford, Clay,
253 Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette,
254 Levy, Madison, Marion, Nassau, Putnam, St. Johns, Suwannee,
255 Taylor, and Union Counties.
256 3. Region 3, composed of Brevard, Indian River, Lake,
257 Okeechobee, Orange, Osceola, St. Lucie, Seminole, Sumter, and
258 Volusia Counties.
259 4. Region 4, composed of Citrus, Hernando, Hillsborough,
260 Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.
261 5. Region 5, composed of Charlotte, Collier, DeSoto,
262 Glades, Hardee, Hendry, Highlands, and Lee Counties.
263 6. Region 6, composed of Broward, Martin, Miami-Dade,
264 Monroe, and Palm Beach Counties.
265 (b) The following industry and organization
266 representatives: 15 additional tourism-industry-related members
267 shall include 1 representative from the statewide rental car
268 industry; 7 representatives from tourist-related statewide
269 associations, including those that represent hotels,
270 campgrounds, county destination marketing organizations,
271 museums, restaurants, retail, and attractions; 3 representatives
272 from county destination marketing organizations; 1
273 representative from the cruise industry; 1 representative from
274 an automobile and travel services membership organization that
275 has at least 2.8 million members in Florida; 1 representative
276 from the airline industry; 1 representative from the nature
277 based tourism industry; and 1 representative from the space
278 tourism industry, who will each serve for a term of 2 years.
279 Section 5. Paragraph (c) of subsection (4) of section
280 288.923, Florida Statutes, is amended to read:
281 288.923 Division of Tourism Marketing; definitions;
282 responsibilities.—
283 (4) The division’s responsibilities and duties include, but
284 are not limited to:
285 (c) Developing a 4-year marketing plan.
286 1. At a minimum, the marketing plan shall discuss the
287 following:
288 a. Continuation of overall tourism growth in this state.
289 b. Expansion to new or under-represented tourist markets.
290 c. Maintenance of traditional and loyal tourist markets.
291 d. Coordination of efforts with county destination
292 marketing organizations, other local government marketing
293 groups, privately owned attractions and destinations, and other
294 private sector partners to create a seamless, four-season
295 advertising campaign for the state and its regions.
296 e. Development of innovative techniques or promotions to
297 build repeat visitation by targeted segments of the tourist
298 population.
299 f. Consideration of innovative sources of state funding for
300 tourism marketing.
301 g. Promotion of nature-based tourism, including, but not
302 limited to, promotion of the Florida Greenways and Trails System
303 as described under s. 260.014 and the Florida Shared-Use
304 Nonmotorized Trail Network as described under s. 339.81 and
305 heritage tourism.
306 h. Coordination of efforts with the Office of Greenways and
307 Trails of the Department of Environmental Protection and the
308 department to promote and assist local communities, including,
309 but not limited to, communities designated as trail towns by the
310 Office of Greenways and Trails, to maximize use of nearby trails
311 as economic assets, including specific promotion of trail-based
312 tourism.
313 i. Promotion of heritage tourism.
314 j. Development of a component to address emergency response
315 to natural and manmade disasters from a marketing standpoint.
316 2. The plan must shall be annual in construction and
317 ongoing in nature. Any annual revisions of the plan must shall
318 carry forward the concepts of the remaining 3-year portion of
319 the plan and consider a continuum portion to preserve the 4-year
320 timeframe of the plan. The plan also must shall include
321 recommendations for specific performance standards and
322 measurable outcomes for the division and direct-support
323 organization. The department, in consultation with the board of
324 directors of Enterprise Florida, Inc., shall base the actual
325 performance metrics on these recommendations.
326 3. The 4-year marketing plan must shall be developed in
327 collaboration with the Florida Tourism Industry Marketing
328 Corporation. The plan must shall be annually reviewed and
329 approved by the board of directors of Enterprise Florida, Inc.
330 Section 6. Paragraph (a) of subsection (4) of section
331 320.072, Florida Statutes, is amended to read:
332 320.072 Additional fee imposed on certain motor vehicle
333 registration transactions.—
334 (4) A tax collector or other authorized agent of the
335 department shall promptly remit all moneys collected pursuant to
336 this section, less any refunds granted pursuant to subsection
337 (3), to the department. The department shall deposit 85.7
338 percent of such moneys into the State Transportation Trust Fund
339 and 14.3 percent into the Highway Safety Operating Trust Fund.
340 Notwithstanding any other law, the moneys deposited into the
341 State Transportation Trust Fund pursuant to this subsection
342 shall be used by the Department of Transportation for the
343 following:
344 (a) The Florida Shared-Use Nonmotorized Trail Network
345 established in s. 339.81, $50 million $25 million.
346 Section 7. Paragraph (a) of subsection (4) of section
347 335.065, Florida Statutes, is amended to read:
348 335.065 Bicycle and pedestrian ways along state roads and
349 transportation facilities.—
350 (4)(a) The department may use appropriated funds to support
351 the establishment of a statewide system of interconnected
352 multiuse trails and to pay the costs of planning, land
353 acquisition, design, and construction of such trails and related
354 facilities. The department shall give funding priority to
355 projects that:
356 1. Are recommended priorities by the Florida Greenways and
357 Trails Council as regionally significant trails pursuant to s.
358 260.0142(4)(c).
359 3. Are otherwise identified by the Florida Greenways and
360 Trails Council as a priority for critical linkage and trail
361 connectedness within the Florida Greenways and Trails System
362 under chapter 260.
363 5.2. Support the transportation needs of bicyclists and
364 pedestrians.
365 2.3. Have national, statewide, or regional importance.
366 4. Facilitate an interconnected system of trails by
367 completing gaps between existing trails.
368 Section 8. Paragraph (d) of subsection (7) of section
369 339.175, Florida Statutes, is amended to read:
370 339.175 Metropolitan planning organization.—
371 (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
372 develop a long-range transportation plan that addresses at least
373 a 20-year planning horizon. The plan must include both long
374 range and short-range strategies and must comply with all other
375 state and federal requirements. The prevailing principles to be
376 considered in the long-range transportation plan are: preserving
377 the existing transportation infrastructure; enhancing Florida’s
378 economic competitiveness; and improving travel choices to ensure
379 mobility. The long-range transportation plan must be consistent,
380 to the maximum extent feasible, with future land use elements
381 and the goals, objectives, and policies of the approved local
382 government comprehensive plans of the units of local government
383 located within the jurisdiction of the M.P.O. Each M.P.O. is
384 encouraged to consider strategies that integrate transportation
385 and land use planning to provide for sustainable development and
386 reduce greenhouse gas emissions. The approved long-range
387 transportation plan must be considered by local governments in
388 the development of the transportation elements in local
389 government comprehensive plans and any amendments thereto. The
390 long-range transportation plan must, at a minimum:
391 (d) Indicate, as appropriate, proposed transportation
392 enhancement activities, including, but not limited to,
393 pedestrian and bicycle facilities, trails or facilities that are
394 regionally significant or critical linkages for the Florida
395 Shared-Use Nonmotorized Trail Network, scenic easements,
396 landscaping, historic preservation, mitigation of water
397 pollution due to highway runoff, and control of outdoor
398 advertising.
399
400 In the development of its long-range transportation plan, each
401 M.P.O. must provide the public, affected public agencies,
402 representatives of transportation agency employees, freight
403 shippers, providers of freight transportation services, private
404 providers of transportation, representatives of users of public
405 transit, and other interested parties with a reasonable
406 opportunity to comment on the long-range transportation plan.
407 The long-range transportation plan must be approved by the
408 M.P.O.
409 Section 9. Section 339.81, Florida Statutes, is amended to
410 read:
411 339.81 Florida Shared-Use Nonmotorized Trail Network.—
412 (1) The Legislature finds that increasing demands continue
413 to be placed on the state’s transportation system by a growing
414 economy, continued population growth, and increasing tourism.
415 The Legislature also finds that accommodating significant
416 challenges to providing additional capacity to the conventional
417 transportation system exist and will require enhanced
418 accommodation of alternative travel modes to meet the needs of
419 residents and visitors and providing trails for bicyclist and
420 pedestrian travel that allows for the appreciation of the
421 conservation and stewardship of environmentally important lands
422 in Florida are of significant importance. The Legislature finds
423 that the investment of the state in the Florida wildlife
424 corridor as defined in s. 259.1055 is of significant interest to
425 the public and that the provision of paved multiuse trails
426 within or between areas of the Florida wildlife corridor would
427 provide the public the ability to enjoy Florida’s natural
428 resources and bring ecotourism and economic opportunities to
429 local trail town communities. The Legislature further finds that
430 improving bicyclist and pedestrian safety for both residents and
431 visitors is remains a high priority. Therefore, the Legislature
432 declares that the development of a nonmotorized trail network
433 will increase mobility and recreational alternatives for
434 Florida’s residents and visitors;, enhance economic prosperity;,
435 enrich quality of life;, enhance safety;, and reflect
436 responsible environmental stewardship; and facilitate support
437 for the protection, preservation, and enhancement of the natural
438 and recreational value of the Florida wildlife corridor by
439 providing minimally invasive public access to it when feasible
440 and compatible with the lands. To that end, it is the intent of
441 the Legislature that the department make use of its expertise in
442 efficiently providing transportation projects to develop and
443 construct the Florida Shared-Use Nonmotorized Trail Network,
444 consisting of a statewide network of nonmotorized trails which
445 allows nonmotorized vehicles and pedestrians to access a variety
446 of origins and destinations with limited exposure to motorized
447 vehicles.
448 (2)(a) The Florida Shared-Use Nonmotorized Trail Network is
449 created as a component of the Florida Greenways and Trails
450 System established in chapter 260. The Florida Shared-Use
451 Nonmotorized Trail Network consists of a statewide network of
452 nonmotorized trails that allow bicyclists and pedestrians to
453 access a variety of points of origin and destinations with
454 limited exposure to motorized vehicles.
455 (b) The multiuse trails or shared-use paths of the
456 statewide network must be consists of multiuse trails or shared
457 use paths physically separated from motor vehicle traffic and
458 constructed with asphalt, concrete, or another hard surface.
459 (c) The statewide network which, by virtue of design,
460 location, extent of connectivity or potential connectivity, and
461 allowable uses, provides nonmotorized transportation
462 opportunities for bicyclists and pedestrians statewide between
463 and within a wide range of points of origin and destinations,
464 including, but not limited to, communities, conservation areas,
465 lands of the Florida wildlife corridor, state parks, beaches,
466 and other natural or cultural attractions for a variety of trip
467 purposes, including work, school, shopping, and other personal
468 business, as well as social, recreational, and personal fitness
469 purposes.
470 (3) Network components do not include sidewalks, nature
471 trails, loop trails wholly within a single park or natural area,
472 or on-road facilities, such as bicycle lanes or routes. However,
473 components that connect to nature trails, loop trails, or other
474 points of public access wholly within a single park or natural
475 area may be included in the network, as well as any of the
476 following other than:
477 (a) On-road facilities that are no longer than one-half
478 mile connecting two or more nonmotorized trails, if the
479 provision of non-road facilities is infeasible and if such on
480 road facilities are signed and marked for nonmotorized use.; or
481 (b) On-road components of the Florida Keys Overseas
482 Heritage Trail.
483 (4) The planning, development, operation, and maintenance
484 of the Florida Shared-Use Nonmotorized Trail Network is declared
485 to be a public purpose, and the department, together with other
486 agencies of this state and all counties, municipalities, and
487 special districts of this state, may spend public funds for such
488 purposes and accept gifts and grants of funds, property, or
489 property rights from public or private sources to be used for
490 such purposes.
491 (5)(a) The department shall include the Florida Shared-Use
492 Nonmotorized Trail Network in its work program developed
493 pursuant to s. 339.135. For purposes of funding and maintaining
494 projects within the network, the department shall allocate in
495 its program and resource plan a minimum of $50 million $25
496 million annually, beginning with in the 2023-2024 2015-2016
497 fiscal year.
498 (b) The department shall give funding priority to projects
499 that:
500 1. Are recommended priorities by the Florida Greenways and
501 Trails Council as regionally significant trails pursuant to s.
502 260.0142(4)(c).
503 2. Have national, statewide, or regional importance.
504 3. Are otherwise identified by the Florida Greenways and
505 Trails Council as a priority for critical linkage and trail
506 connectedness within the Florida Greenways and Trails System
507 under chapter 260.
508 4. Facilitate an interconnected system of trails by
509 completing gaps between existing trails.
510 5. Support the transportation needs of bicyclists and
511 pedestrians.
512 (c) For trail projects to be constructed within the Florida
513 wildlife corridor as defined in s. 259.1055 or on conservation
514 lands or other lands subject to conservation easements, land
515 management plans, or agreements, to the greatest extent
516 possible, the department shall ensure projects are constructed
517 using previously disturbed lands, such as abandoned roads and
518 railroads, utility rights-of-way, canal corridors and drainage
519 berms, permanent fire lines, and other lands having appropriate
520 potential to serve the purposes specified by law of both the
521 trail network and the Florida wildlife corridor. In developing
522 the planning and design of trails, the department shall
523 coordinate with other state agencies to ensure that appropriate
524 recreation or public access is available for such projects.
525 (d) To the greatest extent practicable, the department
526 shall program projects in the work program to plan for
527 development of the entire trail and to minimize the creation of
528 gaps between trail segments. The department shall, at a minimum,
529 ensure that local support exists for projects and trail
530 segments, including the availability or dedication of local
531 funding sources and of contributions by private landowners who
532 agree to make their land, or property interests in such land,
533 available for public use as a trail.
534 (e) Each metropolitan planning organization or board of
535 county commissioners, as appropriate, shall include in its list
536 of project priorities required under ss. 339.135(4)(c)1. and
537 339.175(8) one or more projects that are a priority under
538 paragraph (b) and meet the requirements of this section. When
539 developing the district work program under s. 339.135(4), each
540 district must ensure that projects are included in the work
541 program which are a priority under paragraph (b) and meet the
542 requirements of this section.
543 (6)(a) The department shall create uniform signage to
544 identify trails that are part of the statewide network and
545 shall, when feasible and permissible, erect signage on all such
546 trails open to public use, regardless of when the trail was
547 first opened. The department is not otherwise obligated to
548 provide funds for the operation and maintenance of any trail on
549 the statewide network.
550 (b) The department may enter into a memorandum of agreement
551 with a local government or other agency of the state to transfer
552 maintenance responsibilities of an individual network component.
553 The department may contract with a not-for-profit entity or
554 private sector business or entity to provide maintenance
555 services on an individual network component.
556 (7)(a) The department may enter into a sponsorship
557 agreement with a not-for-profit entity or private sector
558 business or entity for commercial sponsorship displays on
559 multiuse trails and related facilities. The department shall
560 deposit any sponsorship agreement revenues into the State
561 Transportation Trust Fund to be used for maintenance, signage,
562 and provision of amenities on the multiuse trails and related
563 facilities. Local governments may also enter into sponsorship
564 agreements and likewise use the revenues for maintenance,
565 signage, and provision of amenities on the multiuse trails and
566 related facilities. A sponsorship agreement shall be
567 administered by the department or the local government, as
568 appropriate, and the department or the local government shall
569 ensure that the sponsorship agreement complies with the
570 requirements of s. 335.065(3)(b) and (c).
571 (b) Commercial sponsorship displays are subject to the
572 requirements of the Highway Beautification Act of 1965 and all
573 federal laws and agreements, when applicable. This subsection
574 does not create a proprietary or compensable interest in any
575 sign, display site, or location.
576 (8) By June 30, 2026, and every third year on June 30
577 thereafter, the department, in coordination with the Department
578 of Environmental Protection, shall submit a report to the
579 Governor, the President of the Senate, and the Speaker of the
580 House of Representatives summarizing the status of the Florida
581 Shared-Use Nonmotorized Trail Network. The report may include
582 recommendations for any legislative revisions deemed appropriate
583 to facilitate connectivity of the statewide network.
584 (a) At a minimum, the report must include all of the
585 following:
586 1. The total number of completed miles of nonmotorized
587 trails on the network.
588 2. The total number of completed miles of nonmotorized
589 trails on the network not adjacent to a roadway facility.
590 3. The total number of completed miles of nonmotorized
591 trails on the network adjacent to a roadway facility.
592 4. The total number of completed miles of nonmotorized
593 trails on the network which are within or between areas of the
594 Florida wildlife corridor as defined in s. 259.1055.
595 5. The total remaining miles of nonmotorized trails on the
596 network which are planned for acquisition and construction.
597 6. The total expenditures, by funding source, associated
598 with implementing the network.
599 7. The total expenditures, by project phase, including
600 preliminary and environmental planning, design, acquisition of
601 right-of-way, and new construction of trail surfaces and bridges
602 on the network.
603 (b) The department shall also coordinate with the Florida
604 Tourism Industry Marketing Corporation, local governments, or
605 other entities who have related information to include in the
606 report. For each existing trail on the network which is open to
607 public use, identified by the department’s trailway
608 identification number, segment name, segment length, and county
609 of location, the department’s report must provide nonmotorized
610 trail operational and performance measures that include, but are
611 not limited to:
612 1. The total number of trail visits.
613 2. The primary travel modes used on the trail.
614 3. The frequency of trail usage.
615 4. The average duration of trail usage.
616 5. The distance traveled during a trail visit.
617 6. The average amount spent by a user during a typical
618 trail visit.
619 7. The total amount of user expenditures.
620 8. Any other measure deemed appropriate.
621 Section 10. For the 2023-2024 fiscal year, the sum of $200
622 million in nonrecurring funds from the General Revenue Fund is
623 appropriated to the Department of Transportation as fixed
624 capital outlay to plan, design, and construct projects on the
625 Florida Shared-Use Nonmotorized Trail Network as provided by
626 this act.
627 Section 11. The amendments made to s. 339.81, Florida
628 Statutes, by this act, are not intended to delete, defer, delay,
629 or otherwise revise Florida Shared-Use Nonmotorized Trail
630 Network projects programmed in the Department of
631 Transportation’s tentative 5-Year work program for Fiscal Year
632 2023-2024 through 2027-2028. The department may maintain such
633 projects in development of the adopted work program. For
634 additional funding allocated to the network in section 9 of this
635 act or appropriated in section 10 of this act, the department
636 shall work with the metropolitan planning organizations, boards
637 of county commissioners, and districts, as appropriate, to
638 revise any year of the 5-year work program pursuant to s.
639 339.135(5), Florida Statutes, to identify new Florida Shared-Use
640 Nonmotorized Trail Network projects to be added or projects or
641 phases thereof that may be moved up from the portion of the
642 tentative work program for the following 4 fiscal years.
643 Section 12. This act shall take effect July 1, 2023.