House Bill 2167

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    Florida House of Representatives - 1999                HB 2167

        By Representative Goodlette






  1                      A bill to be entitled

  2         An act relating to Collier County; amending s.

  3         3, chapter 89-449, Laws of Florida; providing

  4         an exception to specified offenses committed

  5         within the boundaries of any county park,

  6         county operated parking facilities, public

  7         beaches, beach access areas adjacent to any

  8         county park, and public areas immediately

  9         adjacent to county parks; revising the

10         prohibited offenses for which county park

11         enforcement officers are empowered to issue

12         citations; prohibiting the carrying,

13         possession, or consumption of alcoholic

14         beverages in any park building or other

15         structure; providing an exception; prohibiting

16         the attachment of advertisements to trees or

17         any other tangible personal property within

18         areas to which the act is applicable; providing

19         an exception to the prohibition on the building

20         of fires within areas to which the act is

21         applicable; prohibiting the possession,

22         carrying, or transporting of any glass bottle

23         or container out of doors in any county park;

24         revising provisions which prohibit the

25         maltreatment or transport of described species

26         of wildlife; providing an exception; providing

27         an effective date.

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29  Be It Enacted by the Legislature of the State of Florida:

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    Florida House of Representatives - 1999                HB 2167

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  1         Section 1.  Subsection (2) of section 3 of chapter

  2  89-449, Laws of Florida, as amended by chapters 97-347 and

  3  98-483, Laws of Florida, is amended to read:

  4         Section 3.  Powers and duties.--

  5         (2)  It shall be the duty of any person designated as a

  6  county park enforcement officer (park ranger) to issue

  7  citations for any offenses which occur within a county park

  8  boundary, public beaches, county operated parking facilities,

  9  and public areas immediately adjacent to county parks, and

10  which are either prohibited by ordinance enacted by the Board

11  of County Commissioners of Collier County or are specifically

12  prohibited by this section. Except at such times and in such

13  manner as then not prohibited by law and to the extent

14  expressly authorized in advance and in writing by permit

15  issued by the director of the department in strict adherence

16  with policy rules of the department approved by resolution of

17  the Board of County Commissioners, it shall be such an offense

18  to:

19         (a)  Willfully mark, deface, disfigure, injure, tamper

20  with, or displace or remove any building, bridge, table,

21  bench, fireplace, railing, paving, or paving material, water

22  line or other public utility or parts appurtenant thereof,

23  signs, notices or placard whether temporary or permanent,

24  monuments, stakes, posts, or other boundary markers or other

25  structures or equipment, facilities, or any other county park

26  property or any appurtenances whatsoever, either real or

27  personal.

28         (b)  Cut, break, mutilate, injure, disturb, sever from

29  the ground or remove any growing thing, including, but not

30  limited to, any plant, flower, flower bed, shrub, tree, growth

31  or any branch, item, fruit or leaf thereof; or bring into or

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    Florida House of Representatives - 1999                HB 2167

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  1  have in his possession in any county park any tool or

  2  instrument which could be used for the cutting thereof, or any

  3  garden or agricultural implements or tools which could be used

  4  for the removal thereof; or pile or maintain any material or

  5  debris of any kind against or upon the same or attach any

  6  rope, cable or other contrivance thereto; or set fire to any

  7  trees, shrubs, plants, flowers, grass, plant growth or living

  8  timber, or suffer any fire upon land to extend into park

  9  lands; or go upon any prohibited lawn, grass plot or planted

10  area, except at such times and in such manner as the director

11  of the parks and recreation department may designate.

12         (c)  Throw, discharge, or otherwise place or cause to

13  be placed in the waters of any fountain, pond, lake, stream,

14  bay, or other body of water in or adjacent to any county park

15  or any tributary, stream, storm sewer, or drain flowing into

16  such waters, any substance, matter or thing, liquid or solid,

17  which will or may result in the pollution of said waters.

18         (d)  Carry, possess, or drink any alcoholic beverage

19  liquor in any park or in any park building or other structure

20  except as authorized for wedding receptions and other special

21  events.

22         (e)  Enter or exit any park facility except at

23  established entrance ways or exits, or at established times.

24         (f)  Attach any posters, or directional signs, or

25  advertisements to trees or any other tangible personal

26  property except bulletin boards and other displays designed

27  for such postings.

28         (g)  Cause or permit a dog or other domestic animal to

29  enter any park facility except for animal shows and other

30  substantially similar special events as then authorized by

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    Florida House of Representatives - 1999                HB 2167

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  1  rules of the department that have been approved by the board

  2  of county commissioners.

  3         (h)  Build fires except in specified areas in county

  4  parks on cooking grills provided therein, except bonfires

  5  directly related to special events may be authorized by the

  6  director of the department on a case-by-case basis as then

  7  authorized by rules of the department approved by the board of

  8  county commissioners.

  9         (i)  Drive any unauthorized vehicle on any area within

10  the park except the paved park roads or parking areas; or park

11  any an authorized vehicle in other than an established or

12  designated parking area; or park any unauthorized vehicle in

13  the county park area overnight.

14         (j)  Ride a bicycle on other than a paved vehicular

15  road or path designated for that purpose; leave a bicycle in a

16  place other than a bicycle rack when such is provided, or

17  leave a bicycle lying on the ground or paving or any place or

18  position so as to present any obstruction to pedestrian or

19  vehicular traffic.

20         (k)  Violate any rule for the use of the park which has

21  been posted on any park sign in a particular park pursuant to

22  approval by the board of county commissioners including rules

23  and regulations posted on the grounds or buildings in said

24  parks.

25         (l)(1)  Possess, carry, or transport on or about their

26  person any glass bottle or container out of doors in any

27  county park.

28         (m)  Injure, kill, molest, collect, possess, or cause

29  direct or indirect injury to any species of sea turtle, gopher

30  tortoises, live sand dollars, shorebirds, birds of prey, live

31  shells, and live sea stars or to interfere, destroy, or tamper

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    Florida House of Representatives - 1999                HB 2167

    704-104-99






  1  in any way with the nesting of the sea turtle, birds of prey,

  2  gopher tortoises, or shorebirds.

  3         (m)(n)  Operate or cause to be operated a hand, animal,

  4  motor, or engine driven wheel, track or other vehicle or

  5  implement on, over or across any part of the sand dune, hill

  6  or ridge nearest the Gulf of Mexico, or the vegetation growing

  7  thereon or seaward thereof, or to operate or drive such a

  8  vehicle on the area seaward thereof, commonly referred to as

  9  the beach.

10         (n)  Injure, kill, molest, interfere or tamper with,

11  destroy, collect, carry, transport, possess, or otherwise

12  cause any physical harm to any living turtle, tortoise,

13  shorebird, bird of prey, sand dollar, shellfish, sea star, or

14  any nesting of any such living thing, except to the extent

15  expressly authorized by permit issued by the State of Florida

16  or an agency thereof.

17         Section 2.  This act shall take effect upon becoming a

18  law.

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