Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 981, 1st Eng.
Barcode 563160
CHAMBER ACTION
Senate House
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05/02/2007 05:41 PM .
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11 Senator Baker moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Subsection (2) of section 258.007, Florida
18 Statutes, is amended to read:
19 258.007 Powers of division.--
20 (2) The division has authority to adopt rules pursuant
21 to ss. 120.536(1) and 120.54 to implement provisions of law
22 conferring duties on it, and to impose penalties for the
23 violation of any rule authorized by this section shall be a
24 misdemeanor and punishable accordingly.
25 Section 2. Section 258.008, Florida Statutes, is
26 created to read:
27 258.008 Prohibited activities; penalties.--
28 (1) Except as provided in subsection (3), any person
29 who violates or otherwise fails to comply with the rules
30 adopted under this chapter commits a noncriminal infraction
31 for which ejection from all property managed by the Division
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 981, 1st Eng.
Barcode 563160
1 of Recreation and Parks and a fine of up to $500 may be
2 imposed by the division. Fines paid under this subsection
3 shall be paid to the Department of Environmental Protection
4 and deposited in the State Park Trust Fund.
5 (2) In addition to penalties imposed under subsection
6 (1), any person who fails to sign a citation given under
7 subsection (1), fails to appear in court in response to such
8 citation, or fails to comply with the court's order commits a
9 misdemeanor of the second degree, punishable as provided in s.
10 775.082 or s. 775.083.
11 (3) Any person who engages in any of the following
12 activities within the boundaries of a state park without first
13 obtaining the express permission of the Division of Recreation
14 and Parks commits a misdemeanor of the second degree,
15 punishable as provided in s. 775.082 or s. 775.083, and shall
16 be ejected from all property managed by the division:
17 (a) Cutting, carving, injuring, mutilating, moving,
18 displacing, or breaking off any water-bottom formation or
19 coral;
20 (b) Capturing, trapping, or injuring a wild animal;
21 (c) Collecting plant or animal specimens;
22 (d) Leaving the designated public roads in a vehicle;
23 or
24 (e) Hunting.
25 Section 3. Subsection (3) is added to section 258.014,
26 Florida Statutes, to read:
27 258.014 Fees for use of state parks.--
28 (3) A person who is a member of the Florida National
29 Guard, or the spouse or minor child of such a person, shall be
30 charged one-half the admission fee to a state park upon
31 presentation of a valid card that identifies the person as
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 981, 1st Eng.
Barcode 563160
1 being an active member of the Florida National Guard or a
2 spouse or child of such a member.
3 Section 4. Subsection (13) of section 259.1053,
4 Florida Statutes, is amended to read:
5 259.1053 Babcock Ranch Preserve; Babcock Ranch, Inc.;
6 creation; membership; organization; meetings.--
7 (13) MISCELLANEOUS PROVISIONS.--
8 (a) Except for the powers of the commissioner provided
9 in this section, and the powers of the commission provided in
10 s. 9, Art. IV of the State Constitution, the preserve shall be
11 managed by Babcock Ranch, Inc.
12 (b) Officers and employees of Babcock Ranch, Inc., are
13 private employees. At the request of the board of directors,
14 the commission and the department may provide state employees
15 for the purpose of implementing this section. Any state
16 employees provided to assist the directors in implementing
17 this section for more than 30 days shall be provided on a
18 reimbursable basis. Reimbursement to the commission and the
19 department shall be made from the corporation's operating fund
20 provided under this section and not from any funds
21 appropriated to the corporation by the Legislature.
22 (c) Notwithstanding the prohibition or restrictions
23 contained in the management agreement, areas of the ranch
24 historically used for tenant farming may continue to be leased
25 out by Babcock Ranch Management, LLC. Such leases, extensions
26 or renewal periods shall be for a term of not less than one
27 year or more than four years, and shall not exceed the total
28 amount of acreage covered by the tenant leases in existence on
29 July 31, 2006.
30 (d) Until the management plan developed pursuant to s.
31 253.034 and s. 259.032, is adopted, hunting for the purposes
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 981, 1st Eng.
Barcode 563160
1 of reasonable wildlife population and habitat management shall
2 be allowed on the preserve. Such purposes shall include
3 prevention of overgrazing, disease, and overpopulation. All
4 hunting shall be conducted pursuant to the rules and
5 regulations of the Florida Fish and Wildlife Conservation
6 Commission; however, Babcock Ranch Management, LLC., shall
7 have the authority to charge reasonable access fees to the
8 general public. Special opportunity hunts for persons with
9 disabilities and those under 18 years of age shall be a
10 priority. Until the management plan required by the
11 management agreement is adopted, hunting for the purposes of
12 reasonable wildlife population and habitat management shall be
13 equivalent in purpose to any other recreational use on the
14 preserve.
15 (e) The provisions of paragraphs (c) and (d) shall be
16 contingent upon Babcock Ranch Management, LLC., meeting the
17 requirements of s. 259.1053(11)(d). The Board of Trustees
18 shall order an audit pursuant to section 27, part V of the
19 management agreement.
20 (f) For the purposes of paragraphs (c) and (d) the
21 management agreement is that document attached as Exhibit "E"
22 to that certain agreement for sale and purchase approved by
23 the Board of Trustees on November 22, 2005, and by Lee County
24 on November 20, 2005
25 Section 5. Section 316.212, Florida Statutes, is
26 amended to read:
27 316.212 Operation of golf carts on certain
28 roadways.--The operation of a golf cart upon the public roads
29 or streets of this state is prohibited except as provided
30 herein:
31 (1) A golf cart may be operated only upon a county
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 981, 1st Eng.
Barcode 563160
1 road that has been designated by a county, or a municipal
2 street that has been designated by a municipality, for use by
3 golf carts. Prior to making such a designation, the
4 responsible local governmental entity must first determine
5 that golf carts may safely travel on or cross the public road
6 or street, considering factors including the speed, volume,
7 and character of motor vehicle traffic using the road or
8 street. Upon a determination that golf carts may be safely
9 operated on a designated road or street, the responsible
10 governmental entity shall post appropriate signs to indicate
11 that such operation is allowed.
12 (2) A golf cart may be operated on a part of the State
13 Highway System only under the following conditions:
14 (a) To cross a portion of the State Highway System
15 which intersects a county road or municipal street that has
16 been designated for use by golf carts if the Department of
17 Transportation has reviewed and approved the location and
18 design of the crossing and any traffic control devices needed
19 for safety purposes.
20 (b) To cross, at midblock, a part of the State Highway
21 System where a golf course is constructed on both sides of the
22 highway if the Department of Transportation has reviewed and
23 approved the location and design of the crossing and any
24 traffic control devices needed for safety purposes.
25 (c) A golf cart may be operated on a state road that
26 has been designated for transfer to a local government unit
27 pursuant to s. 335.0415 if the Department of Transportation
28 determines that the operation of a golf cart within the
29 right-of-way of the road will not impede the safe and
30 efficient flow of motor vehicular traffic. The department may
31 authorize the operation of golf carts on such a road if:
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 981, 1st Eng.
Barcode 563160
1 1. The road is the only available public road along
2 which golf carts may travel or cross or the road provides the
3 safest travel route among alternative routes available; and
4 2. The speed, volume, and character of motor vehicular
5 traffic using the road is considered in making such a
6 determination.
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8 Upon its determination that golf carts may be operated on a
9 given road, the department shall post appropriate signs on the
10 road to indicate that such operation is allowed.
11 (3) Notwithstanding any other provision of this
12 section Any other provision of this section to the contrary
13 notwithstanding, a golf cart may be operated for the purpose
14 of crossing a street or highway where a single mobile home
15 park is located on both sides of the street or highway and is
16 divided by that street or highway, provided that the
17 governmental entity having original jurisdiction over such
18 street or highway shall review and approve the location of the
19 crossing and require implementation of any traffic controls
20 needed for safety purposes. This subsection shall apply only
21 to residents or guests of the mobile home park. Any other
22 provision of law to the contrary notwithstanding, If notice is
23 posted at the entrance and exit of to any mobile home park
24 where that residents of the park operate utilize golf carts or
25 electric vehicles within the confines of the park it is shall
26 not be necessary for that the park to have a gate or other
27 device at the entrance and exit in order for such golf carts
28 or electric vehicles to be lawfully operated in the park.
29 (4) Notwithstanding any other provision of this
30 section, if authorized by the Division of Recreation and Parks
31 of the Department of Environmental Protection, a golf cart may
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 981, 1st Eng.
Barcode 563160
1 be operated on a road that is part of the State Park Road
2 System if the posted speed limit is 35 miles per hour or less.
3 (5)(4) A golf cart may be operated only during the
4 hours between sunrise and sunset, unless the responsible
5 governmental entity has determined that a golf cart may be
6 operated during the hours between sunset and sunrise and the
7 golf cart is equipped with headlights, brake lights, turn
8 signals, and a windshield.
9 (6)(5) A golf cart must be equipped with efficient
10 brakes, reliable steering apparatus, safe tires, a rearview
11 mirror, and red reflectorized warning devices in both the
12 front and rear.
13 (7)(6) A golf cart may not be operated on public roads
14 or streets by any person under the age of 14.
15 (8)(7) A local governmental entity may enact an
16 ordinance regarding golf cart operation and equipment which is
17 more restrictive than those enumerated in this section. Upon
18 enactment of any such ordinance, the local governmental entity
19 shall post appropriate signs or otherwise inform the residents
20 that such an ordinance exists and that it will shall be
21 enforced within the local government's jurisdictional
22 territory. An ordinance referred to in this section must apply
23 only to an unlicensed driver.
24 (9)(8) A violation of this section is a noncriminal
25 traffic infraction, punishable pursuant to chapter 318 as a
26 moving violation for infractions of subsections (1) through
27 (5) subsection (1), subsection (2), subsection (3), subsection
28 (4), or a local ordinance corresponding thereto and enacted
29 pursuant to subsection (8) (7), or punishable pursuant to
30 chapter 318 as a nonmoving violation for infractions of
31 subsection (6) (5), subsection (7) (6), or a local ordinance
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 981, 1st Eng.
Barcode 563160
1 corresponding thereto and enacted pursuant to subsection (8)
2 (7).
3 Section 6. Subsection (1) of section 316.2125, Florida
4 Statutes, is amended to read:
5 316.2125 Operation of golf carts within a retirement
6 community.--
7 (1) Notwithstanding the provisions of s. 316.212, the
8 reasonable operation of a golf cart, equipped and operated as
9 provided in s. 316.212 s. 316.212(4), (5), and (6), within any
10 self-contained retirement community is permitted unless
11 prohibited under subsection (2).
12 Section 7. Section 316.2126, Florida Statutes, is
13 amended to read:
14 316.2126 Use of golf carts and utility vehicles by
15 governmental units municipalities.--In addition to the powers
16 granted by ss. 316.212 and 316.2125, state agencies and
17 municipalities are hereby authorized to operate utilize golf
18 carts and utility vehicles, as defined in s. 320.01, upon any
19 state, county, or municipal roads located within the corporate
20 limits of such municipalities, subject to the following
21 conditions:
22 (1) Golf carts and utility vehicles must comply with
23 the operational and safety requirements in ss. 316.212 and
24 316.2125, and with any more restrictive ordinances enacted by
25 the local governmental entity pursuant to s. 316.212(8) s.
26 316.212(7), and shall only be operated only by state or
27 municipal employees for state or municipal purposes,
28 including, but not limited to, police patrol, traffic
29 enforcement, and inspection of public facilities.
30 (2) In addition to the safety equipment required under
31 subsection (1) required in s. 316.212(5) and any more
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 981, 1st Eng.
Barcode 563160
1 restrictive safety equipment required by the local
2 governmental entity pursuant to s. 316.212(7), such golf carts
3 and utility vehicles must be equipped with sufficient lighting
4 and turn signal equipment.
5 (3) Golf carts and utility vehicles may only be
6 operated only on state roads that have a posted speed limit of
7 30 miles per hour or less, and, if operated by an employee of
8 a municipality, only on a state, county, or municipal road
9 located within the corporate limits of the municipality.
10 (4) A state or municipal employee operating a golf
11 cart or utility vehicle pursuant to this section must possess
12 a valid driver's license as required by s. 322.03.
13 Section 8. This act shall take effect July 1, 2007.
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16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 Delete everything before the enacting clause
19
20 and insert:
21 A bill to be entitled
22 An act relating to state parks; amending s.
23 258.007, F.S.; deleting a penalty for a rule
24 violation; creating s. 258.008, F.S.; creating
25 penalties for the violation of rules adopted
26 under ch. 258, F.S., and for specified
27 activities within the boundaries of a state
28 park; providing for fines to be deposited into
29 the State Park Trust Fund; providing for court
30 costs under certain circumstances; amending s.
31 258.014, F.S.; providing for a half-price
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 981, 1st Eng.
Barcode 563160
1 admission fee to state parks for members of the
2 Florida National Guard and their families;
3 amending s. 259.1053; F.S.; extending leases;
4 providing for hunting; providing conditions;
5 amending s. 316.212, F.S.; authorizing the
6 operation of a golf cart within a state park
7 under certain circumstances; amending s.
8 316.2125, F.S.; conforming a cross-reference;
9 amending s. 316.2126, F.S.; authorizing state
10 agencies to operate golf carts and utility
11 vehicles on public roads for public purposes;
12 providing an effective date.
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