Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 981, 1st Eng.
Barcode 954090
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 Floor: WD/2R .
05/02/2007 04:04 PM .
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Baker moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
15
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
1
6:35 PM 05/01/07 h0981e1d-20-j01
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 981, 1st Eng.
Barcode 954090
1 of Recreation and Parks and a fine of up to $1,000 may be
2 imposed by the division.
3 (2) In addition to penalties imposed under subsection
4 (1), any person who fails to sign a citation given under
5 subsection (1), fails to appear in court in response to such
6 citation, or fails to comply with the court's order commits a
7 misdemeanor of the second degree, punishable as provided in s.
8 775.082 or s. 775.083.
9 (3) Any person who engages in any of the following
10 activities within the boundaries of a state park without first
11 obtaining the express permission of the Division of Recreation
12 and Parks commits a misdemeanor of the second degree,
13 punishable as provided in s. 775.082 or s. 775.083, and shall
14 be ejected from all property managed by the division:
15 (a) Cutting, carving, injuring, mutilating, moving,
16 displacing, or breaking off any water-bottom formation or
17 coral;
18 (b) Capturing, trapping, injuring, or harassing a wild
19 animal;
20 (c) Collecting plant or animal specimens;
21 (d) Leaving the designated public roads in a vehicle;
22 or
23 (e) Hunting.
24 (4) Fines paid under this section shall be paid to the
25 Department of Environmental Protection and deposited in the
26 State Park Trust Fund. If a person who receives a citation
27 elects to defend himself or herself in court, the county small
28 claims court for the county in which the violation occurred
29 shall have jurisdiction. Court costs shall be determined by
30 and paid to the court as ordered by the court. A person who
31 receives a citation but fails to pay the fine, sign and accept
2
6:35 PM 05/01/07 h0981e1d-20-j01
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 981, 1st Eng.
Barcode 954090
1 a citation, appear in court, or comply with the court's order
2 may not enter any state park property until he or she has paid
3 the fine, complied with the procedure, or complied with the
4 order. The department may establish by rule the procedures for
5 giving a citation, giving a notice of appearance in court,
6 payment of fines, and listing of persons ejected from state
7 parks; the amounts of fines for civil infractions up to
8 $1,000; definitions; time limits and deadlines; and any other
9 matter necessary to implement this section.
10 Section 3. Subsection (3) is added to section 258.014,
11 Florida Statutes, to read:
12 258.014 Fees for use of state parks.--
13 (3) A person who is a member of the Florida National
14 Guard, or the spouse or minor child of such a person, shall be
15 charged one-half the admission fee to a state park upon
16 presentation of a valid card that identifies the person as
17 being an active member of the Florida National Guard or a
18 spouse or child of such a member.
19 Section 4. Section 316.212, Florida Statutes, is
20 amended to read:
21 316.212 Operation of golf carts on certain
22 roadways.--The operation of a golf cart upon the public roads
23 or streets of this state is prohibited except as provided
24 herein:
25 (1) A golf cart may be operated only upon a county
26 road that has been designated by a county, or a municipal
27 street that has been designated by a municipality, for use by
28 golf carts. Prior to making such a designation, the
29 responsible local governmental entity must first determine
30 that golf carts may safely travel on or cross the public road
31 or street, considering factors including the speed, volume,
3
6:35 PM 05/01/07 h0981e1d-20-j01
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 981, 1st Eng.
Barcode 954090
1 and character of motor vehicle traffic using the road or
2 street. Upon a determination that golf carts may be safely
3 operated on a designated road or street, the responsible
4 governmental entity shall post appropriate signs to indicate
5 that such operation is allowed.
6 (2) A golf cart may be operated on a part of the State
7 Highway System only under the following conditions:
8 (a) To cross a portion of the State Highway System
9 which intersects a county road or municipal street that has
10 been designated for use by golf carts if the Department of
11 Transportation has reviewed and approved the location and
12 design of the crossing and any traffic control devices needed
13 for safety purposes.
14 (b) To cross, at midblock, a part of the State Highway
15 System where a golf course is constructed on both sides of the
16 highway if the Department of Transportation has reviewed and
17 approved the location and design of the crossing and any
18 traffic control devices needed for safety purposes.
19 (c) A golf cart may be operated on a state road that
20 has been designated for transfer to a local government unit
21 pursuant to s. 335.0415 if the Department of Transportation
22 determines that the operation of a golf cart within the
23 right-of-way of the road will not impede the safe and
24 efficient flow of motor vehicular traffic. The department may
25 authorize the operation of golf carts on such a road if:
26 1. The road is the only available public road along
27 which golf carts may travel or cross or the road provides the
28 safest travel route among alternative routes available; and
29 2. The speed, volume, and character of motor vehicular
30 traffic using the road is considered in making such a
31 determination.
4
6:35 PM 05/01/07 h0981e1d-20-j01
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 981, 1st Eng.
Barcode 954090
1
2 Upon its determination that golf carts may be operated on a
3 given road, the department shall post appropriate signs on the
4 road to indicate that such operation is allowed.
5 (3) Notwithstanding any other provision of this
6 section Any other provision of this section to the contrary
7 notwithstanding, a golf cart may be operated for the purpose
8 of crossing a street or highway where a single mobile home
9 park is located on both sides of the street or highway and is
10 divided by that street or highway, provided that the
11 governmental entity having original jurisdiction over such
12 street or highway shall review and approve the location of the
13 crossing and require implementation of any traffic controls
14 needed for safety purposes. This subsection shall apply only
15 to residents or guests of the mobile home park. Any other
16 provision of law to the contrary notwithstanding, If notice is
17 posted at the entrance and exit of to any mobile home park
18 where that residents of the park operate utilize golf carts or
19 electric vehicles within the confines of the park it is shall
20 not be necessary for that the park to have a gate or other
21 device at the entrance and exit in order for such golf carts
22 or electric vehicles to be lawfully operated in the park.
23 (4) Notwithstanding any other provision of this
24 section, if authorized by the Division of Recreation and Parks
25 of the Department of Environmental Protection, a golf cart may
26 be operated on a road that is part of the State Park Road
27 System if the posted speed limit is 35 miles per hour or less.
28 (5)(4) A golf cart may be operated only during the
29 hours between sunrise and sunset, unless the responsible
30 governmental entity has determined that a golf cart may be
31 operated during the hours between sunset and sunrise and the
5
6:35 PM 05/01/07 h0981e1d-20-j01
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 981, 1st Eng.
Barcode 954090
1 golf cart is equipped with headlights, brake lights, turn
2 signals, and a windshield.
3 (6)(5) A golf cart must be equipped with efficient
4 brakes, reliable steering apparatus, safe tires, a rearview
5 mirror, and red reflectorized warning devices in both the
6 front and rear.
7 (7)(6) A golf cart may not be operated on public roads
8 or streets by any person under the age of 14.
9 (8)(7) A local governmental entity may enact an
10 ordinance regarding golf cart operation and equipment which is
11 more restrictive than those enumerated in this section. Upon
12 enactment of any such ordinance, the local governmental entity
13 shall post appropriate signs or otherwise inform the residents
14 that such an ordinance exists and that it will shall be
15 enforced within the local government's jurisdictional
16 territory. An ordinance referred to in this section must apply
17 only to an unlicensed driver.
18 (9)(8) A violation of this section is a noncriminal
19 traffic infraction, punishable pursuant to chapter 318 as a
20 moving violation for infractions of subsections (1) through
21 (5) subsection (1), subsection (2), subsection (3), subsection
22 (4), or a local ordinance corresponding thereto and enacted
23 pursuant to subsection (8) (7), or punishable pursuant to
24 chapter 318 as a nonmoving violation for infractions of
25 subsection (6) (5), subsection (7) (6), or a local ordinance
26 corresponding thereto and enacted pursuant to subsection (8)
27 (7).
28 Section 5. Subsection (1) of section 316.2125, Florida
29 Statutes, is amended to read:
30 316.2125 Operation of golf carts within a retirement
31 community.--
6
6:35 PM 05/01/07 h0981e1d-20-j01
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 981, 1st Eng.
Barcode 954090
1 (1) Notwithstanding the provisions of s. 316.212, the
2 reasonable operation of a golf cart, equipped and operated as
3 provided in s. 316.212 s. 316.212(4), (5), and (6), within any
4 self-contained retirement community is permitted unless
5 prohibited under subsection (2).
6 Section 6. Section 316.2126, Florida Statutes, is
7 amended to read:
8 316.2126 Use of golf carts and utility vehicles by
9 governmental units municipalities.--In addition to the powers
10 granted by ss. 316.212 and 316.2125, state agencies and
11 municipalities are hereby authorized to operate utilize golf
12 carts and utility vehicles, as defined in s. 320.01, upon any
13 state, county, or municipal roads located within the corporate
14 limits of such municipalities, subject to the following
15 conditions:
16 (1) Golf carts and utility vehicles must comply with
17 the operational and safety requirements in ss. 316.212 and
18 316.2125, and with any more restrictive ordinances enacted by
19 the local governmental entity pursuant to s. 316.212(8) s.
20 316.212(7), and shall only be operated only by state or
21 municipal employees for state or municipal purposes,
22 including, but not limited to, police patrol, traffic
23 enforcement, and inspection of public facilities.
24 (2) In addition to the safety equipment required under
25 subsection (1) required in s. 316.212(5) and any more
26 restrictive safety equipment required by the local
27 governmental entity pursuant to s. 316.212(7), such golf carts
28 and utility vehicles must be equipped with sufficient lighting
29 and turn signal equipment.
30 (3) Golf carts and utility vehicles may only be
31 operated only on state roads that have a posted speed limit of
7
6:35 PM 05/01/07 h0981e1d-20-j01
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 981, 1st Eng.
Barcode 954090
1 30 miles per hour or less, and, if operated by an employee of
2 a municipality, only on a state, county, or municipal road
3 located within the corporate limits of the municipality.
4 (4) A state or municipal employee operating a golf
5 cart or utility vehicle pursuant to this section must possess
6 a valid driver's license as required by s. 322.03.
7 Section 7. This act shall take effect July 1, 2007.
8
9
10 ================ T I T L E A M E N D M E N T ===============
11 And the title is amended as follows:
12 Delete everything before the enacting clause
13
14 and insert:
15 A bill to be entitled
16 An act relating to state parks; amending s.
17 258.007, F.S.; deleting a penalty for a rule
18 violation; creating s. 258.008, F.S.; creating
19 penalties for the violation of rules adopted
20 under ch. 258, F.S., and for specified
21 activities within the boundaries of a state
22 park; providing for fines to be deposited into
23 the State Park Trust Fund; providing for court
24 costs under certain circumstances; amending s.
25 258.014, F.S.; providing for a half-price
26 admission fee to state parks for members of the
27 Florida National Guard and their families;
28 amending s. 316.212, F.S.; authorizing the
29 operation of a golf cart within a state park
30 under certain circumstances; amending s.
31 316.2125, F.S.; conforming a cross-reference;
8
6:35 PM 05/01/07 h0981e1d-20-j01
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 981, 1st Eng.
Barcode 954090
1 amending s. 316.2126, F.S.; authorizing state
2 agencies to operate golf carts and utility
3 vehicles on public roads for public purposes;
4 providing an effective date.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
9
6:35 PM 05/01/07 h0981e1d-20-j01