House Bill 1545

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    Florida House of Representatives - 2000                HB 1545

        By Representative Harrington






  1                      A bill to be entitled

  2         An act relating to Lee and Charlotte Counties;

  3         providing legislative findings; providing

  4         legislative purpose; authorizing the operation

  5         of golf carts upon certain public roads or

  6         streets and upon certain golf cart/bike paths

  7         described in the act; providing for minimum age

  8         requirements; providing penalties pursuant to

  9         state law; providing an effective date.

10

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

12

13         Section 1.  Legislative findings.--It is declared as a

14  matter of legislative determination that the residents of

15  Gasparilla Island have a vital interest in the operation of

16  golf carts upon the public roads and certain golf cart/bike

17  paths within Lee and Charlotte Counties, all of which are

18  described as follows:

19

20         Parcel I

21

22         The westerly ten feet (10') of the following

23         described property:

24

25         That real property described in the Final

26         Judgement entered in Condemnation Suit, Case

27         #1048 entitled Florida Bridge Company,

28         Plaintiff, vs. Sunset Realty Corporation,

29         Defendant, Circuit Court, Charlotte County,

30         Florida, said judgment being dated June 18,

31         1958, recorded June 13, 1958, in O.R. Book 39

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    Florida House of Representatives - 2000                HB 1545

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  1         at Page 178, et. seq., of the Public Records of

  2         Charlotte County, Florida, which property is

  3         more particularly described as follows;

  4

  5         A parcel containing 3.4937 acres of land, lying

  6         and being in Charlotte County, Florida, lying

  7         15' on either side of the following described

  8         centerline:

  9

10         Commencing at the intersection of Sections 26,

11         27, 34 and 35, Township 42 South, Range 20

12         East; thence North 89°47'36" West, 292.84 feet;

13         thence North 22°39'51" West 147.19 feet; thence

14         North 16°28'24" East, 1,105.2 feet to the South

15         end of the South relief bridge as constructed

16         by the Florida Bridge Corp. under its

17         franchise, to point of beginning; thence from

18         said point of beginning South 16°28'24" West

19         286.85 feet to a point of curvature; thence

20         Southeasterly along a curve whose radius is

21         2,864.79 feet, an arc distance of 1,956.88 feet

22         to a point; thence South 21°56'21" East 800

23         feet to the center of the County road pavement

24         as exists at present, crossing the R/W line of

25         said County road 157.6 feet North of the point

26         as established in the center of said County

27         road, all lying and being in Sections 26, 27,

28         34 and 35, Township 42 South, Range 20 East,

29         Charlotte County, Florida.

30

31         Parcel II

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    Florida House of Representatives - 2000                HB 1545

    581-151-00






  1

  2         All those certain three tracts or parcels of

  3         land, with all improvements thereon and

  4         appurtenances thereunto belonging, lying and

  5         being in Sections 14, 11, and 2, Township 43

  6         South, Range 20 East, and Section 35, Township

  7         42 South, Range 20 East, in Lee and Charlotte

  8         Counties on Gasparilla Island, Florida,

  9         containing approximately 35.33 acres, according

10         to a plat of survey prepared by Johnson

11         Engineering, Inc., dated March 23, 1983, last

12         revised April 18, 1983, entitled "Centerline

13         Survey Remaining Seaboard Air Line Railroad

14         Right-of-Way", and more particularly described

15         as follows:

16

17         Parcel 1 - All that certain tract or parcel of

18         land lying between the south line of First

19         Street and the south line of Fourth Street,

20         being 87.5 feet wide, of which 50 feet is on

21         the west side and 37.5 feet is on the east side

22         of the hereinafter described centerline, and

23         containing approximately 136,914.75 square feet

24         or 3.14 acres, more or less:

25

26         Parcel 2 - All that certain tract or parcel of

27         land lying between the south line of Fourth

28         Street and the south line of Fifth Street,

29         being 56 feet wide, of which 18.5 feet is on

30         the west side and 37.5 feet on the east side of

31         the hereinafter described centerline, and

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    Florida House of Representatives - 2000                HB 1545

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  1         containing approximately 29,437.52 square feet

  2         or 0.68 acres, more or less:

  3

  4         Parcel 3 - All that certain tract or parcel of

  5         land lying between the south line of Fifth

  6         Street and the south line of that certain

  7         parcel of land conveyed by Seaboard Coast Line

  8         Railroad Company to Charlotte County, Florida,

  9         by deed dated February 8, 1982, and recorded in

10         the Clerk's Office of Charlotte County in

11         Official Record Book 694, Page 107, being 75

12         feet wide of which 37.5 feet is on the west

13         side and 37.5 feet is on the east side of the

14         following described centerline, and containing

15         1,372,696.50 square feet or 31.51 acres, more

16         or less:

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18         The Centerline - from the southeast corner of

19         Government Lot 5 of said Section 14 run

20         S89°22'31"W along the south line of said Lot

21         and said Section for 147.94 feet to the former

22         centerline of the main track of said Railroad

23         and the Point of Beginning. From said Point of

24         Beginning run N14°24'15"W along said centerline

25         for 1564.91 feet to the south line of Fourth

26         Street as shown on Revised Plat of Boca Grande

27         recorded in Plat Book 7 at page 1, Lee County

28         Records; thence continue N14°24'15" W along

29         said centerline for 61.78 feet to the north

30         line of said Fourth Street and the south line

31         of the parcel occupied by the former passenger

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    Florida House of Representatives - 2000                HB 1545

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  1         station as shown on said Plat; thence continue

  2         N 14°24'15" W along said centerline for 463.72

  3         feet to the north line of said parcel and the

  4         south line of Fifth Street as shown on said

  5         Plat; thence continue N14°24'15" along said

  6         centerline for 61.78 feet to the north line of

  7         said street as shown on said Plat; thence

  8         continue N14°24'15"W along said centerline for

  9         598.84 feet to the south line of Seventh Street

10         as shown on said Plat; thence continue

11         N14°24'15"W along said centerline for 51.62

12         feet to the north line of said street; thence

13         continue N14°24'15"W along said centerline for

14         885.17 feet to a point of curvature; thence

15         northerly along said centerline along the arc

16         of a curve to the right of radius 3819.83 feet

17         (chord bearing N14°11'23"W) (chord = 28.60

18         feet) for 28.60 feet to the south line of Tenth

19         Street as shown on said Plat; thence continue

20         northerly along said centerline and said arc

21         (chord bearing N13°35'49"W) (chord = 50.42

22         feet) for 50.42 feet to the north line of said

23         street; thence continue northerly along said

24         centerline and said arc (chord bearing

25         N09°41'11"W) (chord = 470.69 feet) for 470.99

26         feet to a point of tangency; thence run

27         N06°09'15"W along said centerline for 378.21

28         feet to the south line of Thirteenth Street as

29         shown on said Plat; thence continue N06°09'15"W

30         along said centerline for 49.97 feet to the

31         north line of said street; thence continue

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    Florida House of Representatives - 2000                HB 1545

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  1         N06°09'15"W along said centerline for 849.92

  2         feet to the south line of Sixteenth Street as

  3         shown on said Plat; thence continue N06°09'15"

  4         W along said centerline for 49.93 feet to the

  5         north line of said street; thence continue

  6         N06°09'15" W along said centerline for 850.01

  7         feet to south line of Nineteenth Street as

  8         shown on said Plat; thence continue N06°09'15"

  9         W along said centerline for 49.92 feet to the

10         north line of said street; thence continue

11         N06°09'15" W along said centerline for 6029.54

12         feet to a point of curvature; thence

13         northwesterly along said centerline along the

14         arc of a curve to the left of radius 3819.72

15         feet (chord bearing N14°23'45"W) (chord =

16         1095.10 feet) for 1098.89 feet to a point of

17         tangency; thence run N 22°38'15"W along said

18         centerline for 6601.81 feet to a point of

19         curvature; thence continue northwesterly along

20         said centerline along the arc of a curve to the

21         right of radius 1637.28 feet (chord bearing

22         N19°08'17"W) (chord = 199.98 feet) for 200 feet

23         to the south line of that certain parcel of

24         land conveyed by Seaboard Coast Line Railroad

25         Company to Charlotte County, Florida, by deed

26         dated February 8, 1982, and recorded in the

27         Clerk's Office of Charlotte County in Official

28         Records Book 694, page 107, being the end of

29         the herein described centerline.

30

31         Parcel III

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    Florida House of Representatives - 2000                HB 1545

    581-151-00






  1

  2         Such public roads, streets, alleyways and

  3         publicly owned lands as are designated by

  4         Charlotte County and/or Lee County for golf

  5         cart use pursuant to Florida Statutes Section

  6         316.212, as amended from time to time.

  7

  8         Parcel IV

  9

10         The easterly ten feet (10') of Tract O, Gulf

11         Shores North No. 4, a subdivision according to

12         the plat thereof recorded at Plat Book 16,

13         Pages 26A through 26E, Public Records of

14         Charlotte County, Florida.

15

16  Parcels I-IV, both inclusive, are referred to herein as the

17  "Gasparilla Island Cart Path".

18

19         Section 2.  Purpose.--The Legislature finds and

20  declares that regulation of the operation of golf carts on

21  Gasparilla Island, Florida, is for the benefit of the people

22  of this state and the people of Lee and Charlotte Counties.

23         Section 3.  Operation of golf carts upon the Gasparilla

24  Island cart path.--The operation of a golf cart upon the

25  Gasparilla Island Cart Path is permitted except that:

26         (1)  A golf cart may be operated only upon a public

27  road, street, alleyway, or other publicly owned land or

28  portion thereof that has been designated by Lee or Charlotte

29  County or other agency of the State of Florida for use by golf

30  carts pursuant to section 316.212, Florida Statutes, as

31  amended. The provisions of Florida Statutes, section 316.212

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    Florida House of Representatives - 2000                HB 1545

    581-151-00






  1  (1), (2), (3), (4), (5), and (6), shall apply to operation of

  2  golf carts upon the Gasparilla Island Cart Path.

  3         (2)  The minimum age for operating golf carts upon the

  4  Gasparilla Island Cart Path shall be sixteen (16) years.

  5         (3) A violation of this law is a noncriminal traffic

  6  infraction punishable pursuant to chapter 318, Florida

  7  Statutes as either a moving violation for infractions of

  8  subsection (1), subsection (2), or subsection (3) of Florida

  9  Statutes, section 316.212, as amended, or a nonmoving

10  violation for infractions of subsections (4) or (5) of Florida

11  Statutes, section 316.212, as amended.

12         Section 4.  This act shall take effect upon becoming a

13  law.

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