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GOAL ONE: Create an institutional
framework that supports state and community greenway initiatives
and coordinates government and private sector greenway efforts.
While major changes to existing programs are not needed at this
time, there are two significant gaps in the authorities and implementation
of existing programs which could be addressed by creating
an institutional framework for greenways. First, there currently
is no legislativelysanctioned organizational framework that considers
how state, regional and local programs and projects interrelate
and actively seeks opportunities to bring them together through
coordination, leadership, service and advocacy. To fill this gap,
the state should create an institutional framework that provides:
- an ongoing and dynamic statewide
greenways planning effort;
- development of significant private
sector partnerships;
- a mechanism to ensure coordination
among state and regional agencies;
- revision of statutory authorities
to permit consideration of greenways in existing programs; and
- development and maintenance of
an active database essential to the viability of greenways in
Florida.
Second, in the past there has not
been sufficient acknowledgement of the importance of private stewardship
of greenspace lands in Florida. Without the active cooperation and
participation of private landowners and business leaders in the
greenways effort, many opportunities for linking Florida's existing
public lands-especially in urban and developed areas-simply will
not be feasible.
The proposed institutional framework includes two parts -- a legislatively
created Florida Greenways Coordinating Council and designation of
the Florida Department of Environmental Protection as the lead state
agency. Working together, these two bodies could balance the needs
of the public and private sectors, and provide clear lines of responsibility.
Summary of Recommended Strategies
Create a
Florida Greenways Coordinating Council to advocate, educate, facilitate,
and provide technical assistance for the statewide greenways system.
The Florida Greenways Coordinating Council's primary
role would be to promote greenway initiatives through technical
support, leadership, education, advocacy and other service-oriented
efforts. It would form partnerships involving public agencies, landowners,
private businesses, environmental and other community-based
groups, nonprofits and citizen volunteers.
Created in statute and funded by the Legislature, the Florida Greenways
Coordinating Council would have 26 members appointed to serve for
the four-year period from July 995 to June 1999. The interests represented
on the Council would include private business people, landowners,
conservationists, recreationists, local government, and the public
sector. Eighteen of the 26 members would be appointed. The Governor,
the President of the Senate and the Speaker of the House of Representatives
would each appoint four members with at least one from each of the
following:
- business and landowner interests;
- conservation interests; and
- recreation interests.
Six additional appointments would
be made by the Governor, with the concurrence of the President and
Speaker, and represent two county governments (one urban and one
rural), two city governments, the state's water management districts
and a federal land management entity active in Florida. The remaining
eight members of the Council would be filled by the designated heads
of the following governmental agencies: Florida Department of Environmental
Protection, Florida Department of Transportation, Florida Department
of Community Affairs, Florida Division of Forestry (Department of
Agriculture and Consumer Services), Florida Game and Fresh Water
Fish Commission, Florida Department of Commerce, Florida Department
of Education, and Florida Division of Historical Resources (Department
of State).
Designate a lead state agency responsible
for coordinating and integrating state programs within the institutional
framework.
The state agency coordination responsibilities within
the institutional framework would be met through designation of
the Florida Department of Environmental Protection as the lead state
agency. The agency's primary role would be to create a statewide
system of greenways on public lands and to coordinate government
agencies with programs which could contribute to the greenways system.
Develop incentives to encourage private
involvement in greenway initiatives.
A critical part of the effort to create a statewide system
of greenways is to substantially increase private sector participation
in the greenways process at all levels. The skills, experience and
creativity of business and private landowners is especially vital
to address the diversity of real estate, financial, economic, regulatory,
legal and other issues associated with the development of working
relationships among public, private and community partners.
Develop and promote less-than-fee simple
acquisition alternatives that offer a greater range of opportunities
for the involvement of private landowners in greenway initiatives.
Some of the potential benefits of alternatives to acquiring
full title to land include: possible reduction of the initial cost
of acquiring necessary land interests; reduction of the continuing
management costs of the public agency; continuation of productive
private land use; and maintenance of the local government property
tax base.
Less-than-fee techniques, such as conservation easements, limited
development agreements, purchases of marketable development rights,
and the like, work we] I in the context of a well planned program
of resource protection when it is possible to design a specific
technique for individual lands and landowners in the resource area.
Address liability issues associated with
the use of greenways and trails on public and private lands.
Florida's system of sovereign immunity as it relates
to greenway lands (public lands, and private lands under public
use) should undergo comprehensive study and revision. The statutes
relating to sovereign immunity are inconsistent and piecemeal. Given
the vision of how trails and greenways will be used in the future
and that many greenways will be rural and not intensively managed
at all times, it would be appropriate to consider increasing public
agency liability protection (i.e., reducing or eliminating the waiver
of sovereign immunity) for greenways
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