House Bill 2167e1

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                                          HB 2167, First Engrossed



  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; prohibiting the

10         carrying, possession, or consumption of

11         alcoholic beverages in any park building or

12         other structure; providing an exception;

13         providing an effective date.

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

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

18  89-449, Laws of Florida, as amended by chapters 97-347 and

19  98-483, Laws of Florida, is amended to read:

20         Section 3.  Powers and duties.--

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

22  county park enforcement officer (park ranger) to issue

23  citations for any offenses which occur within a county park

24  boundary, public beaches, county operated parking facilities,

25  and public areas immediately adjacent to county parks, and

26  which are either prohibited by ordinance enacted by the Board

27  of County Commissioners of Collier County or are specifically

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

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

30  expressly authorized in advance and in writing by permit

31  issued by the director of the department in strict adherence


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                                          HB 2167, First Engrossed



  1  with policy rules of the department approved by resolution of

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

  3  to:

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

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

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

  7  line or other public utility or parts appurtenant thereof,

  8  signs, notices or placard whether temporary or permanent,

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

10  structures or equipment, facilities or park property or any

11  appurtenances whatsoever, either real or personal.

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

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

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

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

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

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

18  garden or agricultural implements or tools which could be used

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

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

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

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

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

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

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

26  of the parks and recreation department may designate.

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

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

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

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

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                                          HB 2167, First Engrossed



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

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

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

  4  liquor in any park or in any park building or other park

  5  structure except as authorized for wedding receptions and

  6  other special events.

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

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

  9         (f)  Attach any posters, or directional signs, to

10  trees.

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

12  enter any park facility except for animal shows and other

13  substantially similar special events as then authorized by

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

15  of county commissioners.

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

17  parks on cooking grills provided therein, except bonfires

18  directly related to special events may be authorized by the

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

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

21  county commissioners.

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

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

24  an authorized vehicle in other than an established or

25  designated parking area; or park any unauthorized vehicle in

26  the county park area overnight.

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

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

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

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

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                                          HB 2167, First Engrossed



  1  position so as to present any obstruction to pedestrian or

  2  vehicular traffic.

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

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

  5  approval by the board of county commissioners including rules

  6  and regulations posted on the grounds or buildings in said

  7  parks.

  8         (1)  Possess, carry, or transport on or about their

  9  person any glass container in any county park.

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

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

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

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

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

15  gopher tortoises, or shorebirds.

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

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

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

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

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

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

22  the beach.

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

24  law.

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