Florida 2023 2023 Regular Session

Florida House Bill H0915 Comm Sub / Bill

Filed 03/08/2023

                       
 
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A bill to be entitled 1 
An act relating to the Florida Shared -Use Nonmotorized 2 
Trail Network; amending s. 260.014, F.S.; authorizing 3 
the Department of Environmental Protection to 4 
establish a program to recognize specified local 5 
communities as trail towns; amending s. 260.0142, 6 
F.S.; increasing the membership of the Florida 7 
Greenways and Trails Council; revising the duties of 8 
the council; defining the term "regionally significant 9 
trails"; amending s. 260.016, F.S.; revising the 10 
general powers of the department to include 11 
development and dissemination of criteria for 12 
prioritization of regionally significant trails within 13 
or connected to the Florida wildlife corridor; 14 
amending s. 288.1226, F.S.; revising the composition 15 
of the board of directors of the Florida Tourism 16 
Industry Marketing Corporation; amending s. 288.923, 17 
F.S.; specifying additional requirements for the 18 
marketing plan of the Division of Tourism Marketing; 19 
amending s. 320.072, F.S.; increasing the amount of 20 
funding the Department of Transportation is required 21 
to use for the Florida Shared-Use Nonmotorized Trail 22 
Network; amending s. 335.065, F.S.; revising the 23 
funding priorities for the Department of 24 
Transportation's trail projects; amending s. 339.175, 25     
 
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F.S.; revising required components of long -range 26 
transportation plans d eveloped by metropolitan 27 
planning organizations; amending s. 339.81, F.S.; 28 
revising legislative findings and intent; clarifying 29 
the components that make up Florida Shared -Use 30 
Nonmotorized Trail Network; extending the Florida 31 
Shared-Use Nonmotorized Trail N etwork to lands of the 32 
Florida wildlife corridor; including certain 33 
connecting components as parts of the statewide 34 
network; increasing the amount the Department of 35 
Transportation is required to allocate for purposes of 36 
funding and maintaining projects wit hin the Florida 37 
Shared-Use Nonmotorized Trail Network; requiring the 38 
department to give funding priority to specified trail 39 
projects; requiring the department to construct 40 
projects within the Florida wildlife corridor or on 41 
other specified lands using prev iously disturbed 42 
lands; requiring the department to coordinate with 43 
other state agencies to ensure recreation and public 44 
access in developing the planning and design of 45 
trails; requiring the department to program projects 46 
in the work program for developmen t of the entire 47 
trail and to minimize creation of gaps between trail 48 
segments; requiring the department to ensure that 49 
local support exists for projects and trail segments; 50     
 
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requiring metropolitan planning organizations or 51 
boards of county commissioners to include trails in 52 
project priorities; requiring the department to create 53 
and erect certain signage; authorizing the department 54 
and local governments to enter into a sponsorship 55 
agreement with certain entities for commercial 56 
sponsorship displays on multiuse trails and related 57 
facilities; requiring the department or local 58 
government to administer a sponsorship agreement and 59 
ensure that a sponsorship agreement complies with 60 
specified requirements; subjecting sponsorship 61 
agreements to specified federal laws and agreements; 62 
providing that no proprietary or compensable interest 63 
in any sign, display site, or location is created; 64 
requiring the Department of Transportation, in 65 
coordination with the Department of Environmental 66 
Protection, to submit a report by a certa in date, and 67 
at specified intervals thereafter, to the Governor and 68 
the Legislature summarizing the status of the Florida 69 
Shared-Use Nonmotorized Trail Network; authorizing the 70 
Department of Transportation to include in the report 71 
its recommendations for l egislative revisions that 72 
would facilitate connectivity of the statewide 73 
network; requiring that specified items be included in 74 
the report; requiring the department to coordinate 75     
 
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with certain entities regarding certain items in the 76 
report; providing an app ropriation; providing for 77 
construction; authorizing the department to take 78 
certain action regarding funding for the trail network 79 
projects in response to appropriations made by the 80 
act; providing an effective date. 81 
  82 
Be It Enacted by the Legislature o f the State of Florida: 83 
 84 
 Section 1.  Section 260.014, Florida Statutes, is amended 85 
to read: 86 
 260.014  Florida Greenways and Trails System. —The Florida 87 
Greenways and Trails System shall be a statewide system of 88 
greenways and trails which shall consist of individual greenways 89 
and trails and networks of greenways and trails which may be 90 
designated as a part of the statewide system by the department. 91 
The department may establish a program to recognize local 92 
communities located along or in proximity to one or more long-93 
distance nonmotorized recreational trails as trail towns. 94 
Mapping or other forms of identification of lands and waterways 95 
as suitable for inclusion in the system of greenways and trails, 96 
mapping of ecological characteristics for any purpose, or 97 
development of information for planning purposes shall not 98 
constitute designation. No lands or waterways may be designated 99 
as a part of the statewide system of greenways and trails 100     
 
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without the specific written consent of the landowner. 101 
 Section 2.  Subsections (1) and (4) of section 260.0142, 102 
Florida Statutes, are amended to read: 103 
 260.0142  Florida Greenways and Trails Council; 104 
composition; powers and duties. — 105 
 (1)  There is created within the department the Florida 106 
Greenways and Trails Council which sha ll advise the department 107 
in the execution of the department's powers and duties under 108 
this chapter. The council shall be composed of 21 20 members, 109 
consisting of: 110 
 (a)1.  Six Five members appointed by the Governor, with two 111 
members representing the trail u ser community, two members 112 
representing the greenway user community, one member from the 113 
board of the Florida Wildlife Corridor Foundation, and one 114 
member representing private landowners. 115 
 2.  Three members appointed by the President of the Senate, 116 
with one member representing the trail user community and two 117 
members representing the greenway user community. 118 
 3.  Three members appointed by the Speaker of the House of 119 
Representatives, with two members representing the trail user 120 
community and one member repr esenting the greenway user 121 
community. 122 
 123 
Those eligible to represent the trail user community shall be 124 
chosen from, but not be limited to, paved trail users, hikers, 125     
 
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off-road bicyclists, users of off -highway vehicles, paddlers, 126 
equestrians, disabled outdoor recreational users, and commercial 127 
recreational interests. Those eligible to represent the greenway 128 
user community must shall be chosen from, but not be limited to, 129 
conservation organizations, nature study organizations, and 130 
scientists and university exper ts. 131 
 (b)  The 9 remaining members shall include: 132 
 1.  The Secretary of Environmental Protection or a 133 
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 mana gement 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 149 
be appointed by the Secretary of Environmental Protection. 150     
 
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Membership on the cou ncil 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 154 
by the Secretary of Environmental Protection. Membership must 155 
shall 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 "re gionally significant trails" means 174 
trails that cross multiple counties, attract national and 175     
 
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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, an d 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 187 
and 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, recommend ations 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 th e 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     
 
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Services, and other appropriate entities. 201 
 (j)(h) Promote greenways and trails support organiza tions. 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 includ e: 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 218 
in the terms or conditions of designation, including withdrawal 219 
or termination of designation. A landowner may have his or her 220 
lands removed from designation by providing the department with 221 
a written request tha t 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     
 
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 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 mem bers: 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     
 
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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     
 
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has at least 2.8 million members in Florida; 1 representative 276 
from the airline industry; 1 representative from th e 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, 284 
but 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 g overnment 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 300     
 
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for 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 307 
and 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 prom otion of trail-based 312 
tourism. 313 
 i.  Promotion of heritage tourism. 314 
 j. Development of a component to address emergency 315 
response to natural and manmade disasters from a marketing 316 
standpoint. 317 
 2.  The plan must shall be annual in construction and 318 
ongoing in nature. Any annual revisions of the plan must shall 319 
carry forward the concepts of the remaining 3 -year portion of 320 
the plan and consider a continuum portion to preserve the 4 -year 321 
timeframe of the plan. The plan also must shall include 322 
recommendations for s pecific performance standards and 323 
measurable outcomes for the division and direct -support 324 
organization. The department, in consultation with the board of 325     
 
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directors of Enterprise Florida, Inc., shall base the actual 326 
performance metrics on these recommendati ons. 327 
 3.  The 4-year marketing plan must shall be developed in 328 
collaboration with the Florida Tourism Industry Marketing 329 
Corporation. The plan must shall be annually reviewed and 330 
approved by the board of directors of Enterprise Florida, Inc. 331 
 Section 6.  Paragraph (a) of subsection (4) of section 332 
320.072, Florida Statutes, is amended to read: 333 
 320.072  Additional fee imposed on certain motor vehicle 334 
registration transactions. — 335 
 (4)  A tax collector or other authorized agent of the 336 
department shall promptly remit all moneys collected pursuant to 337 
this section, less any refunds granted pursuant to subsection 338 
(3), to the department. The department shall deposit 85.7 339 
percent of such moneys into the State Transportation Trust Fund 340 
and 14.3 percent into th e Highway Safety Operating Trust Fund. 341 
Notwithstanding any other law, the moneys deposited into the 342 
State Transportation Trust Fund pursuant to this subsection 343 
shall be used by the Department of Transportation for the 344 
following: 345 
 (a)  The Florida Shared -Use Nonmotorized Trail Network 346 
established in s. 339.81, $50 million $25 million. 347 
 Section 7.  Paragraph (a) of subsection (4) of section 348 
335.065, Florida Statutes, is amended to read: 349 
 335.065  Bicycle and pedestrian ways along state roads and 350     
 
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transportation facilities.— 351 
 (4)(a)  The department may use appropriated funds to 352 
support the establishment of a statewide system of 353 
interconnected multiuse trails and to pay the costs of planning, 354 
land acquisition, design, and construction of such trails and 355 
related facilities. The department shall give funding priority 356 
to projects that: 357 
 1.  Are recommended priorities by the Florida Greenways and 358 
Trails Council as regionally significant trails pursuant to s. 359 
260.0142(4)(c). 360 
 3. Are otherwise identified by the Flori da Greenways and 361 
Trails Council as a priority for critical linkage and trail 362 
connectedness within the Florida Greenways and Trails System 363 
under chapter 260. 364 
 5.2. Support the transportation needs of bicyclists and 365 
pedestrians. 366 
 2.3. Have national, statew ide, or regional importance. 367 
 4.  Facilitate an interconnected system of trails by 368 
completing gaps between existing trails. 369 
 Section 8.  Paragraph (d) of subsection (7) of section 370 
339.175, Florida Statutes, is amended to read: 371 
 339.175  Metropolitan plan ning organization.— 372 
 (7)  LONG-RANGE TRANSPORTATION PLAN. —Each M.P.O. must 373 
develop a long-range transportation plan that addresses at least 374 
a 20-year planning horizon. The plan must include both long -375     
 
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range and short-range strategies and must comply with al l other 376 
state and federal requirements. The prevailing principles to be 377 
considered in the long -range transportation plan are: preserving 378 
the existing transportation infrastructure; enhancing Florida's 379 
economic competitiveness; and improving travel choices to ensure 380 
mobility. The long-range transportation plan must be consistent, 381 
to the maximum extent feasible, with future land use elements 382 
and the goals, objectives, and policies of the approved local 383 
government comprehensive plans of the units of local gove rnment 384 
located within the jurisdiction of the M.P.O. Each M.P.O. is 385 
encouraged to consider strategies that integrate transportation 386 
and land use planning to provide for sustainable development and 387 
reduce greenhouse gas emissions. The approved long -range 388 
transportation plan must be considered by local governments in 389 
the development of the transportation elements in local 390 
government comprehensive plans and any amendments thereto. The 391 
long-range transportation plan must, at a minimum: 392 
 (d)  Indicate, as approp riate, proposed transportation 393 
enhancement activities, including, but not limited to, 394 
pedestrian and bicycle facilities, trails or facilities that are 395 
regionally significant or critical linkages for the Florida 396 
Shared-Use Nonmotorized Trail Network, scenic easements, 397 
landscaping, historic preservation, mitigation of water 398 
pollution due to highway runoff, and control of outdoor 399 
advertising. 400     
 
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 401 
In the development of its long -range transportation plan, each 402 
M.P.O. must provide the public, affected public agencie s, 403 
representatives of transportation agency employees, freight 404 
shippers, providers of freight transportation services, private 405 
providers of transportation, representatives of users of public 406 
transit, and other interested parties with a reasonable 407 
opportunity to comment on the long -range transportation plan. 408 
The long-range transportation plan must be approved by the 409 
M.P.O. 410 
 Section 9.  Section 339.81, Florida Statutes, is amended to 411 
read: 412 
 339.81  Florida Shared -Use Nonmotorized Trail Network. — 413 
 (1)  The Legislature finds that increasing demands continue 414 
to be placed on the state's transportation system by a growing 415 
economy, continued population growth, and increasing tourism. 416 
The Legislature also finds that accommodating significant 417 
challenges to providing additional capacity to the conventional 418 
transportation system exist and will require enhanced 419 
accommodation of alternative travel modes to meet the needs of 420 
residents and visitors and providing trails for bicyclist and 421 
pedestrian travel that allows for th e appreciation of the 422 
conservation and stewardship of environmentally important lands 423 
in Florida are of significant importance. The Legislature finds 424 
that the investment of the state in the Florida wildlife 425     
 
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corridor as defined in s. 259.1055 is of signific ant interest to 426 
the public and that the provision of paved multiuse trails 427 
within or between areas of the Florida wildlife corridor would 428 
provide the public the ability to enjoy Florida's natural 429 
resources and bring ecotourism and economic opportunities to 430 
local trail town communities . The Legislature further finds that 431 
improving bicyclist and pedestrian safety for both residents and 432 
visitors is remains a high priority. Therefore, the Legislature 433 
declares that the development of a nonmotorized trail network 434 
will increase mobility and recreational alternatives for 435 
Florida's residents and visitors ;, enhance economic prosperity ;, 436 
enrich quality of life ;, enhance safety;, and reflect 437 
responsible environmental stewardship ; and facilitate support 438 
for the protection, preservation, and enhancement of the natural 439 
and recreational value of the Florida wildlife corridor by 440 
providing minimally invasive public access to it when feasible 441 
and compatible with the lands . To that end, it is the intent of 442 
the Legislature that the department make use of its expertise in 443 
efficiently providing transportation projects to develop and 444 
construct the Florida Shared-Use Nonmotorized Trail Network , 445 
consisting of a statewide network of nonmotorized trails which 446 
allows nonmotorized vehicles and pedestrians to access a variety 447 
of origins and destinations with limited exposure to motorized 448 
vehicles. 449 
 (2)(a) The Florida Shared-Use Nonmotorized Trail Network 450     
 
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is created as a component of the Florida Greenways and Trails 451 
System established in chapter 260. The Florida Shared-Use 452 
Nonmotorized Trail Network consists of a statewide network of 453 
nonmotorized trails that allow bicyclists and pedestrians to 454 
access a variety of points of origin and destinations with 455 
limited exposure to motorized ve hicles. 456 
 (b) The multiuse trails or shared -use paths of the 457 
statewide network must be consists of multiuse trails or shared -458 
use paths physically separated from motor vehicle traffic and 459 
constructed with asphalt, concrete, or another hard surface . 460 
 (c)  The statewide network which, by virtue of design, 461 
location, extent of connectivity or potential connectivity, and 462 
allowable uses, provides nonmotorized transportation 463 
opportunities for bicyclists and pedestrians statewide between 464 
and within a wide range of p oints of origin and destinations, 465 
including, but not limited to, communities, conservation areas, 466 
lands of the Florida wildlife corridor, state parks, beaches, 467 
and other natural or cultural attractions for a variety of trip 468 
purposes, including work, school , shopping, and other personal 469 
business, as well as social, recreational, and personal fitness 470 
purposes. 471 
 (3)  Network components do not include sidewalks, nature 472 
trails, loop trails wholly within a single park or natural area, 473 
or on-road facilities, such as bicycle lanes or routes . However, 474 
components that connect to nature trails, loop trails, or other 475     
 
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points of public access wholly within a single park or natural 476 
area may be included in the network, as well as any of the 477 
following other than: 478 
 (a)  On-road facilities that are no longer than one -half 479 
mile connecting two or more nonmotorized trails, if the 480 
provision of non-road facilities is infeasible and if such on -481 
road facilities are signed and marked for nonmotorized use .; or 482 
 (b)  On-road components of the Florida Keys Overseas 483 
Heritage Trail. 484 
 (4)  The planning, development, operation, and maintenance 485 
of the Florida Shared -Use Nonmotorized Trail Network is declared 486 
to be a public purpose, and the department, together with other 487 
agencies of this state a nd all counties, municipalities, and 488 
special districts of this state, may spend public funds for such 489 
purposes and accept gifts and grants of funds, property, or 490 
property rights from public or private sources to be used for 491 
such purposes. 492 
 (5)(a) The department shall include the Florida Shared -Use 493 
Nonmotorized Trail Network in its work program developed 494 
pursuant to s. 339.135. For purposes of funding and maintaining 495 
projects within the network, the department shall allocate in 496 
its program and resource plan a minimum of $50 million $25 497 
million annually, beginning with in the 2023-2024 2015-2016 498 
fiscal year. 499 
 (b)  The department shall give funding priority to projects 500     
 
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that: 501 
 1.  Are recommended priorities by the Florida Greenways and 502 
Trails Council as regiona lly significant trails pursuant to s. 503 
260.0142(4)(c). 504 
 2.  Have national, statewide, or regional importance. 505 
 3.  Are otherwise identified by the Florida Greenways and 506 
Trails Council as a priority for critical linkage and trail 507 
connectedness within the Florida Greenways and Trails System 508 
under chapter 260. 509 
 4.  Facilitate an interconnected system of trails by 510 
completing gaps between existing trails. 511 
 5.  Support the transportation needs of bicyclists and 512 
pedestrians. 513 
 (c)  For trail projects to be constr ucted within the 514 
Florida wildlife corridor as defined in s. 259.1055 or on 515 
conservation lands or other lands subject to conservation 516 
easements, land management plans, or agreements, to the greatest 517 
extent possible, the department shall ensure projects are 518 
constructed using previously disturbed lands, such as abandoned 519 
roads and railroads, utility rights -of-way, canal corridors and 520 
drainage berms, permanent fire lines, and other lands having 521 
appropriate potential to serve the purposes specified by law of 522 
both the trail network and the Florida wildlife corridor. In 523 
developing the planning and design of trails, the department 524 
shall coordinate with other state agencies to ensure that 525     
 
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appropriate recreation or public access is available for such 526 
projects. 527 
 (d)  To the greatest extent practicable, the department 528 
shall program projects in the work program to plan for 529 
development of the entire trail and to minimize the creation of 530 
gaps between trail segments. The department shall, at a minimum, 531 
ensure that local supp ort exists for projects and trail 532 
segments, including the availability or dedication of local 533 
funding sources and of contributions by private landowners who 534 
agree to make their land, or property interests in such land, 535 
available for public use as a trail. 536 
 (e)  Each metropolitan planning organization or board of 537 
county commissioners, as appropriate, shall include in its list 538 
of project priorities required under ss. 339.135(4)(c)1. and 539 
339.175(8) one or more projects that are a priority under 540 
paragraph (b) and meet the requirements of this section. When 541 
developing the district work program under s. 339.135(4), each 542 
district must ensure that projects are included in the work 543 
program which are a priority under paragraph (b) and meet the 544 
requirements of this sec tion. 545 
 (6)(a)  The department shall create uniform signage to 546 
identify trails that are part of the statewide network and 547 
shall, when feasible and permissible, erect signage on all such 548 
trails open to public use, regardless of when the trail was 549 
first opened. The department is not otherwise obligated to 550     
 
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provide funds for the operation and maintenance of any trail on 551 
the statewide network. 552 
 (b) The department may enter into a memorandum of 553 
agreement with a local government or other agency of the state 554 
to transfer maintenance responsibilities of an individual 555 
network component. The department may contract with a not -for-556 
profit entity or private sector business or entity to provide 557 
maintenance services on an individual network component. 558 
 (7)(a)  The department may enter into a sponsorship 559 
agreement with a not -for-profit entity or private sector 560 
business or entity for commercial sponsorship displays on 561 
multiuse trails and related facilities. The department shall 562 
deposit any sponsorship agreement revenues into th e State 563 
Transportation Trust Fund to be used for maintenance, signage, 564 
and provision of amenities on the multiuse trails and related 565 
facilities. Local governments may also enter into sponsorship 566 
agreements and likewise use the revenues for maintenance, 567 
signage, and provision of amenities on the multiuse trails and 568 
related facilities. A sponsorship agreement shall be 569 
administered by the department or the local government, as 570 
appropriate, and the department or the local government shall 571 
ensure that the sponso rship agreement complies with the 572 
requirements of s. 335.065(3)(b) and (c). 573 
 (b)  Commercial sponsorship displays are subject to the 574 
requirements of the Highway Beautification Act of 1965 and all 575     
 
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federal laws and agreements, when applicable. This subsectio n 576 
does not create a proprietary or compensable interest in any 577 
sign, display site, or location. 578 
 (8)  By June 30, 2026, and every third year on June 30 579 
thereafter, the department, in coordination with the Department 580 
of Environmental Protection, shall submi t a report to the 581 
Governor, the President of the Senate, and the Speaker of the 582 
House of Representatives summarizing the status of the Florida 583 
Shared-Use Nonmotorized Trail Network. The report may include 584 
recommendations for any legislative revisions deeme d appropriate 585 
to facilitate connectivity of the statewide network. 586 
 (a)  At a minimum, the report must include all of the 587 
following: 588 
 1.  The total number of completed miles of nonmotorized 589 
trails on the network. 590 
 2.  The total number of completed miles of nonmotorized 591 
trails on the network not adjacent to a roadway facility. 592 
 3.  The total number of completed miles of nonmotorized 593 
trails on the network adjacent to a roadway facility. 594 
 4.  The total number of completed miles of nonmotorized 595 
trails on the network which are within or between areas of the 596 
Florida wildlife corridor as defined in s. 259.1055. 597 
 5.  The total remaining miles of nonmotorized trails on the 598 
network which are planned for acquisition and construction. 599 
 6.  The total expenditures, by fun ding source, associated 600     
 
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with implementing the network. 601 
 7.  The total expenditures, by project phase, including 602 
preliminary and environmental planning, design, acquisition of 603 
right-of-way, and new construction of trail surfaces and bridges 604 
on the network. 605 
 (b)  The department shall also coordinate with the Florida 606 
Tourism Industry Marketing Corporation, local governments, or 607 
other entities who have related information to include in the 608 
report. For each existing trail on the network which is open to 609 
public use, identified by the department's trailway 610 
identification number, segment name, segment length, and county 611 
of location, the department's report must provide nonmotorized 612 
trail operational and performance measures that include, but are 613 
not limited to: 614 
 1.  The total number of trail visits. 615 
 2.  The primary travel modes used on the trail. 616 
 3.  The frequency of trail usage. 617 
 4.  The average duration of trail usage. 618 
 5.  The distance traveled during a trail visit. 619 
 6.  The average amount spent by a user during a typical 620 
trail visit. 621 
 7.  The total amount of user expenditures. 622 
 8.  Any other measure deemed appropriate. 623 
 Section 10.  For the 2023-2024 fiscal year, the sum of $200 624 
million in nonrecurring funds from the General Revenue Fund is 625     
 
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appropriated to the Department of Transportation as fixed 626 
capital outlay to plan, design, and construct projects on the 627 
Florida Shared-Use Nonmotorized Trail Network as provided by 628 
this act. 629 
 Section 11.  The amendments made to s. 339.81, Florida 630 
Statutes, by this act, are not intended to delete, defer, delay, 631 
or otherwise revise Florida Shared -Use Nonmotorized Trail 632 
Network projects programmed in the Department of 633 
Transportation's tentative 5 -Year work program for Fiscal Year 634 
2023-2024 through 2027-2028. The department may maintain such 635 
projects in development of the adopted work program. For 636 
additional funding allocated to the network in section 9 of this 637 
act or appropriated in section 10 of this act, the department 638 
shall work with the metropolitan planning organizations, boards 639 
of county commissioners, and districts, as appropriate, to 640 
revise any year of the 5 -year work program pursuant to s. 641 
339.135(5), Florida Statutes, to identify new Florida Shared -Use 642 
Nonmotorized Trail Network projects to be added or projects or 643 
phases thereof that may be moved up from the portion of the 644 
tentative work program for the following 4 fiscal years. 645 
 Section 12.  This act shall take effect July 1, 2023. 646