Bill Summary – FastDemocracy

HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 915 Florida Shared-use Nonmotorized Trail Network
SPONSOR(S): Infrastructure Strategies Committee, Botana
TIED BILLS:       IDEN./SIM. BILLS: CS/SB 106
  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF
  1) Infrastructure Strategies Committee                      24 Y, 0 N, As CS        Gawin              Harrington
  2) Appropriations Committee
                                               SUMMARY ANALYSIS
The Florida Greenways and Trails System (FGTS) is made up of existing planned and conceptual
nonmotorized trails and ecological greenways that form an integrated statewide system. The system includes
paddling, hiking, biking, multi-use, and equestrian trails. In 2015, the Legislature formally created the Florida
Shared-Use Nonmotorized Trail Network (SUN Trail Network) as a component of the FGTS. The SUN Trail
Network consists of paved multiuse trails or shared-use paths physically separated from motor vehicle traffic
that provide pedestrians and bicyclists opportunities to travel between communities, conservation areas, state
parks, and other natural or cultural attractions for a variety of trip purposes. The Florida Department of
Transportation (DOT) estimates that the full network will encompass approximately 4,000 miles of trails, with
one-third currently open for use.
The bill expands the existing SUN Trail Network and enhances coordination of the state’s trail system with the
Florida Wildlife Corridor (Corridor). Specifically, the bill:
     Prioritizes the development of “regionally significant trails,” which are defined as trails that cross
        multiple counties; attract national and international visitors; serve economic and ecotourism
        development; showcase the state’s wildlife areas, ecology, and natural resources; and serve as main
        corridors for trail connectedness across the state.
     Enhances the planning, coordination, and marketing of the state’s bicycle and pedestrian trail system
        and the Corridor.
     Requires trails developed within the Corridor to maximize the use of previously disturbed lands and be
        compatible with applicable land use provisions.
     Requires DOT to erect uniform signage identifying trails that are part of the SUN Trail Network and to
        submit a periodic report on the status of the SUN Trail Network.
     Authorizes DOT and local governments to enter into sponsorship agreements for trails and to use
        associated revenues for maintenance, signage, and related amenities.
     Recognizes “trail town” communities and directs specified entities to promote the use of trails as
        economic assets, including the promotion of trail-based tourism.
     Increases recurring funding for the SUN Trail Network from $25 million to $50 million and provides a
        non-recurring appropriation of $200 million to plan, design, and construct the SUN Trail Network.
The bill may have an indeterminate fiscal impact on the state and local governments.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0915a.ISC
DATE: 3/8/2023
                                                        FULL ANALYSIS
                                                 I. SUBSTANTIVE ANALYSIS
    A. EFFECT OF PROPOSED CHANGES:
         Background
         Florida Greenways and Trails System
         The Florida Greenways and Trails System (FGTS) is made up of existing planned and conceptual
         nonmotorized trails and ecological greenways that form an integrated statewide system. The system
         includes paddling, hiking, biking, multi-use, and equestrian trails. In 1995, the Legislature created the
         Florida Greenways Coordinating Council (FGCC), tasking the FGCC with promoting the creation of a
         statewide greenways and trails system and designating the Department of Environmental Protection
         (DEP) as the lead agency of the system.1 In 1998, the FGCC published a five-year implementation plan
         (1998 Plan) for the FGTS.2 The plan contained a Multiuse Recreational Opportunity Trail Map for
         connecting Florida’s greenways and trails, providing a review of existing greenways and trails and
         making recommendations to complete the system.
         In 1999, the Legislature created the Florida Greenways and Trails Council (Council) as recommended
         by the 1998 Plan. The Council is composed of 20 members, five of which are appointed by the
         Governor.3 Of the five appointed by the Governor, there must be two members representing the trail
         user community, two members representing the greenway user community, and one representing
         private land owners.4 The Council facilitates the establishment and expansion of a statewide system of
         greenways and trails for recreational and conservation purposes, including:
              Recommending priorities for critical links in the FGTS;
              Reviewing recommendations for acquisition funding;
              Reviewing proposals for lands to be designated as part of the FGTS; and
              Recommending updates to the implementation plan for the FGTS. 5
         In 2013, DEP published the 2013-2017 Florida Greenways and Trails System Plan, the first update to
         the FGTS since the 1998 Plan was published.6 The Office of Greenways and Trails (OGT) 7 within DEP,
         using the 1998 Land Trails Opportunity Map, established criteria to help identify priority land trail
         corridors within the FGTS, as opposed to priority segments, allowing for identification of potential long-
         distance trail corridors. A multi-county approach was used to assist in identifying gaps in connectivity
         across jurisdictional boundaries and in encouraging regional planning to close those gaps. 8 The FGTS
         plan and maps are currently undergoing a third update for the 2024-2028 Fiscal Years.9
         DEP is authorized to acquire lands, both public and private, to establish and expand a statewide
         system of greenways and trails for recreational and conservation purposes, 10 using funds from the
         Florida Forever Trust Fund distributed to DEP for acquisition of lands under the Florida Greenways and
1 Chapter 95-260, L.O.F.
2 DEP, Connecting Florida Communities with Greenways and Trails Plan: A Summary of the Five Year Implementation Plan for the
Florida Greenways and Trails System (1998), available at
https://floridadep.gov/sites/default/files/1998FGTSPlanExecutiveSu mmary_0.pdf (la st visited Feb. 28, 2023).
3 Section 260.0142(1), F.S.
4 Section 260.0142(1)(a)1., F.S.
5 Section 260.0142(4), F.S.
6 DEP, Florida Greenways & Trails System Plan 2019-2023, p. 6, available at https://floridadep.gov/sites/default/files/FL-
Greenway%2BTrails-System-Plan-2019%2C%202023_ 0.pdf (last visited Feb. 28, 2023).
7 The OGT is tasked with fulfilling Chapter 260, F.S., the Florida Greenways and Trails Act. The Office leads, plans, and facilitates
the development of an interconnected FGTS, through coordinated efforts with state and local partners, to compile local trails data from
cities, counties, and other land managing entities into one inclusive system. Id. at p. 4.
8 DEP, Florida Greenways & Trails System Plan 2019-2023, p. 6, available at https://floridadep.gov/sites/default/files/FL-
Greenway%2BTrails-System-Plan-2019%2C%202023_ 0.pdf (last visited Feb. 28, 2023).
9 See DEP, Florida Greenways and Trails System Plan and Maps, https://floridadep.gov/parks/ogt/content/florida-greenways-and-
trails-system-plan-and-maps (last visited Feb. 28, 2023).
10 Section 260.012, F.S.
STORAGE NAME: h0915a.ISC                                                                                                       PAGE: 2
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        Trails Program, and to designate lands as part of the FGTS. 11 Since January 2013, 59 projects totaling
        over 225,000 acres and 756 trail miles have been designated in the statewide Greenways and Trails
        System including state trails and parks, national forest lands and trails, locally managed greenways and
        trails, blueways and many other areas.12
        Trail Towns
        The OGT within DEP also operates the trail town program. 13 A trail town is a community located along,
        or in proximity to, one or more long-distance nonmotorized recreational trails where users can venture
        off the main path to enjoy the services and unique heritage of the nearby community. 14 The Department
        of Economic Opportunity estimates the combined economic benefit of all Florida state trails is $95
        million to their host communities.15 Current trail towns include Dunedin, Titusville, Malabar, Vilano
        Beach, Clermont, Palatka, Inverness, Deltona, Everglades City, Winter Garden, Gainesville, and
        Debary.16 Signs, stickers, and publicity are provided free of charge to recognized trail towns. 17
        Florida Shared-Use Nonmotorized Trail Network
        In 2014, the Legislature authorized the Department of Transportation (DOT) to use appropriated funds
        to support the establishment of a statewide system of interconnected multiuse trails and to pay the
        costs of planning, land acquisition, design, and construction of trail projects and related facilities. 18
        These projects must be included in DOT’s work program. However, a funded project must be operated
        and maintained by an entity other than DOT upon completion of construction, and DOT is not obligated
        to provide funds for the operation and maintenance of a trails project. 19 DOT may enter into an
        agreement with a local government or other agency of the state to transfer maintenance
        responsibilities, or with a not-for-profit entity or private sector business or entity to provide maintenance
        services, on an individual network component.20
        In 2015, the Legislature formally created the Florida Shared-Use Nonmotorized Trail Network (SUN
        Trail Network) as a component of the FGTS. 21 The SUN Trail Network consists of paved multiuse trails
        or shared-use paths physically separated from motor vehicle traffic that provide pedestrians and
        bicyclists opportunities to travel between communities, conservation areas, state parks, and other
        natural or cultural attractions for a variety of trip purposes.22 While the SUN Trail Network and FGTS
        have overlapping trails, not all FGTS trails are within the SUN Trail Network. 23
11 Section 259.105(3)(h), F.S.
12 DEP, Florida Greenways & Trails System Plan 2019-2023, p. 6, available at https://floridadep.gov/sites/default/files/FL-
Greenway%2BTrails-System-Plan-2019%2C%202023_ 0.pdf (last visited Feb. 28, 2023).
13 DEP, Trail Town Program, https://floridadep.gov/parks/ogt/content/trail-town-program (last visited Feb. 28, 2023).
14 DEP, Trail Towns Guidelines and Self-Assessment, p. 3, available at
https://floridadep.gov/sites/default/files/Trail%20Town%20Assessment%20Final.pdf (last visited Feb. 28, 2023).
15 FDEO, The Economic Benefits of Ecotourism, https://floridajobs.org/community-planning-and-development/community-
planning/community-planning-table-of-contents/ecotourism/the-economic-benefit-of-
ecotourism#:~:text=The%20comb ined%20benefit%20of%20all%20Florida%20state%20trails,Trail%20in%20Dunedin%2C%20Flori
da%20is%20another%20success%20story. (last visited Feb. 28, 2023). For example, the Paradise Coast Trail Corridor in Naples,
connecting Collier County with Florida’s Paradise Coast, is estimated to create 425 jobs directly. Rails.to.Trails Conservancy, SUN
Trail – Paradise Cost Trail Corridor,
https://www.railstotrails.org/policy/trailstransform/projects/naples/#:~:text=The%20Paradise%20Coast%20Trail%20%28PCT%29%2
0extension%E2%80%94a%20co mponent%20of,and%20other%20areas%20within%20and%20beyond%20Co llier%20County. (last
visited Feb 28, 2023).
16 DEP, Trail Town Program, https://floridadep.gov/parks/ogt/content/trail-town-program (last visited Feb. 28, 2023).
17 Id.
18 Chapters 2014-50 and 2014-53, L.O.F.
19 Section 335.065(4)(b), F.S.
20 Section 339.81(6), F.S.
21 Chapter 2015-228, L.O.F.
22 Section 339.81(2), F.S.
23 DOT, Shared-Use Nonmotorized (SUN) Trail Program, https://www.fdot.gov/planning/systems/suntrail.shtm (last visited Feb. 28,
2023).
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        DOT is required to allocate a minimum of $25 million annually for purposes of funding and maintaining
        projects within the network and must include network projects in its work program. 24 Priority funding
        must be given to projects that are identified by the Council as a priority within the FGTS; support the
        transportation needs of bicyclists and pedestrians; have national, statewide, or regional importance; or
        facilitate an interconnected system of trails by completing gaps between existing trails. 25 This funding
        comes from, in part, motor vehicle registration transactions. A fee of $225 is imposed upon the initial
        application for registration of certain motor vehicles. 26 After authorized refunds,27 85.7 percent of such
        funds must be deposited into the State Transportation Trust Fund, and DOT must use $25 million of
        those funds for the SUN Trail Network.28
        DOT estimates that the full network will encompass approximately 4,000 miles of trails, with one-third
        currently open for use. Since 2015, 25 projects have been completed, 38 are funded in the current work
        program, and 45 are planned for future development. From 2017 to 2027, over $303 million in project
        phases have been funded by the SUN Trail Program.29
        Florida Wildlife Corridor
        The Florida Wildlife Corridor (Corridor) consists of the conserved lands and opportunity areas defined
        as priority one, two, and three categories of the Florida Ecological Greenways Network. 30 The Corridor
        encompasses about 18 million acres, including 10 million acres of conservation lands. 31 In 2021, the
        Legislature created the Wildlife Corridor Act (Act) to codify the Corridor and recognize that lands and
        waters that provide the state’s green infrastructure and vital habitat for wide-ranging wildlife need to be
        preserved and protected.32 The purpose of the Act was to create incentives for conservation and
        sustainable development while preserving the green infrastructure. 33 The Legislature also appropriated
        $300 million,34 to DEP to acquire lands within the Corridor to preserve, protect, or enhance wildlife
        habitats or corridors and linkages or agricultural or rural lands.35
        DEP is responsible for encouraging state and local agencies with economic and ecotourism
        development responsibilities to recognize the importance of the Corridor in encouraging public access
        to wildlife areas and bringing nature-based tourism to local communities.36
        Metropolitan Planning Organizations
        Metropolitan Planning Organizations (MPOs), or the boards of county commissioners serving as the
        MPO in those counties which are not located in an MPO, are required, in cooperation with the state and
        public transit operators, to develop transportation plans and programs for metropolitan areas. 37 As part
        of the transportation planning process and among other duties, each MPO is required to develop a
        long-range transportation plan addressing at least a 20-year horizon.38
24 Section 339.81(5), F.S.
25 Section 335.065(4)(a), F.S.
26 Section 320.072, F.S.
27 See s. 320.072(3), F.S.
28 Section 320.072(4)(a), F.S.
29 See Senate Transportation Committee Meeting Packet, January 17, 2023, p. 16, DOT SUN Trail Program Presentation, available at
https://www.flsenate.gov/Committees/Show/TR/MeetingPacket/5583/10027_MeetingPacket_5583_ 3.pdf (last visited Feb. 28, 2023).
30 Section 259.1055(4)(d), F.S. For a 2021 layered map reflecting the Wildlife Corridor, Florida Forever Projects and Acquisitio ns,
and FEGN Priority Levels 1-3, see DEP’s map available at
https://floridadep.gov/sites/default/files/Florida%20Forever%20and%20Florida%20Ecological%20Greenways%20Network%20Map_
0.pdf (last visited Mar. 1, 2023).
31 DEP, Florida Wildlife Corridor, available at https://floridadep.gov/sites/default/files/Florida_Wildlife_Corridor.pdf (last visited
Feb. 28, 2023).
32 Chapter 2021-181, L.O.F.
33 Section 259.1055(3), F.S.
34 Chapter 2021-36, L.O.F., s. 152.
35 Section 259.1055(4)(g), F.S.
36 Section 259.1055(5)(h), F.S.
37 See generally, s. 339.175, F.S.
38 Section 339.175(7), F.S.
STORAGE NAME: h0915a.ISC                                                                                                      PAGE: 4
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        Among other minimum requirements, the long-range plan must include, as appropriate, proposed
        transportation enhancement activities which include, but are not limited to, pedestrian and bicycle
        facilities, scenic easements, landscaping, historic preservation, mitigation of water pollution due to
        highway safety runoff, and control of outdoor advertising.
        MPOs 39 are also required to develop an annual list of transportation project priorities and submit the list
        to the appropriate DOT district.40 District work programs are developed based on these lists and
        submitted to DOT’s Central Office, resulting in the annual adoption of DOT’s five-year work program.41
        Florida Tourism Marketing
        The Florida Tourism Industry Marketing Corporation, known as VISIT FLORIDA, is a not-for-profit,
        direct-support organization of Enterprise Florida, Inc., which is organized and operated exclusively to
        request, receive, hold, invest, and administer property and to manage and make expenditures for the
        operation of the activities, services, functions, and programs of this state which relate to the statewide,
        national, and international promotion and marketing of tourism. 42 VISIT FLORIDA is the state’s official
        source for travel planning and is the sales and marketing organization that promotes tourism to