| 1 | A bill to be entitled |
| 2 | An act relating to the state parks; amending s. 258.007, |
| 3 | F.S.; requiring that certain violations of rules of the |
| 4 | Division of Recreation and Parks of the Department of |
| 5 | Environmental Protection are punishable as noncriminal |
| 6 | infractions; specifying violations punishable as a |
| 7 | misdemeanor of the second degree for certain activities; |
| 8 | providing fines and penalties; providing for the deposit |
| 9 | of certain fines into the State Park Trust Fund; providing |
| 10 | for the use of certain funds in the State Park Trust Fund; |
| 11 | amending s. 258.014, F.S.; requiring that an active member |
| 12 | of the Florida National Guard, or a dependent of such a |
| 13 | member, be charged only half the price of admission to a |
| 14 | state park; amending s. 316.212, F.S.; authorizing |
| 15 | operation of golf carts on certain roads in state parks; |
| 16 | correcting cross-references; amending s. 316.2125, F.S.; |
| 17 | correcting cross-references; amending s. 316.2126, F.S.; |
| 18 | authorizing the state to use golf carts and utility |
| 19 | vehicles on certain roads; correcting cross-references; |
| 20 | providing an effective date. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. Subsection (2) of section 258.007, Florida |
| 25 | Statutes, is amended to read: |
| 26 | 258.007 Powers of division.-- |
| 27 | (2) The division has authority to adopt rules pursuant to |
| 28 | ss. 120.536(1) and 120.54 to implement provisions of law |
| 29 | conferring duties on it, and the violation of any rule |
| 30 | authorized by this subsection section shall be a misdemeanor and |
| 31 | punishable as follows: accordingly. |
| 32 | (a) Except as provided in paragraph (b), any person who |
| 33 | violates or otherwise fails to comply with the rules adopted |
| 34 | under this subsection commits a noncriminal infraction for which |
| 35 | ejection from all property managed by the division and a fine of |
| 36 | up to $1,000 may be imposed by the division. |
| 37 | (b) Unless such activity has been specifically permitted |
| 38 | by the division, any person who is in violation of any of the |
| 39 | following commits a misdemeanor of the second degree, punishable |
| 40 | as provided in s. 775.082 or s. 775.083, and shall be ejected |
| 41 | from all property managed by the division: |
| 42 | 1. Cutting, carving, injuring, mutilating, moving, |
| 43 | displacing, or breaking off any water bottom formation or coral |
| 44 | within the boundaries of a state park. |
| 45 | 2. Capturing, trapping, injuring, or harassing wild |
| 46 | animals within the boundaries of a state park. |
| 47 | 3. Collecting plant or animal specimens within the |
| 48 | boundaries of a state park. |
| 49 | 4. Leaving the designated public roads with a vehicle |
| 50 | within the boundaries of a state park. |
| 51 | 5. Hunting within the boundaries of a state park. |
| 52 | 6. Failing to sign a citation given under paragraph (a), |
| 53 | failing to appear in court in response to a citation, or failing |
| 54 | to comply with the court's order. |
| 55 | (c) Any fines collected pursuant to this section shall be |
| 56 | deposited in the State Park Trust Fund, and such funds shall be |
| 57 | used for the administration, maintenance, preservation, and |
| 58 | improvement of state parks. |
| 59 | Section 2. Section 258.014, Florida Statutes, is amended |
| 60 | to read: |
| 61 | 258.014 Fees for use of state parks.-- |
| 62 | (1) The Division of Recreation and Parks shall have the |
| 63 | power to charge reasonable fees, rentals or charges for the use |
| 64 | or operation of facilities and concessions in state parks, and |
| 65 | all such fees, rentals, and charges so collected shall be |
| 66 | deposited in the State Treasury to the credit of "State Park |
| 67 | Trust Fund," which is hereby created, the continuing balance of |
| 68 | which fund is hereby appropriated to be expended by said |
| 69 | division for the administration, improvement and maintenance of |
| 70 | state parks and for the acquisition and development of lands |
| 71 | hereafter acquired for state park purposes. The appropriation of |
| 72 | said fund shall be continuing, and shall not revert to the |
| 73 | General Revenue Fund at the end of any fiscal year or at any |
| 74 | other time but shall, until expended, be continually available |
| 75 | to said division for the uses and purposes set forth. |
| 76 | (2) A person who is an active member of the Florida |
| 77 | National Guard, or the spouse or minor child of such a person, |
| 78 | may be charged only half the price of admission to a state park |
| 79 | upon presentation of a valid card that identifies the person as |
| 80 | being an active member of the Florida National Guard or a |
| 81 | dependent of such a member. |
| 82 | (3)(2) Any moneys received in trust by the division by |
| 83 | gift, devise, appropriation, or otherwise shall, subject to the |
| 84 | terms of such trust, be deposited with the Chief Financial |
| 85 | Officer in a fund to be known as the "State Park Trust Fund," |
| 86 | and shall be subject to withdrawal upon application of such |
| 87 | division for expenditure or investment in accordance with the |
| 88 | terms of the trust. Unless prohibited by the terms of the trust |
| 89 | by which the moneys are derived, all of such moneys may be |
| 90 | invested as provided by law. |
| 91 | Section 3. Subsections (4), (5), (6), and (7) of section |
| 92 | 316.212, Florida Statutes, are renumbered as subsections (5), |
| 93 | (6), (7), and (8), respectively, present subsection (8) is |
| 94 | renumbered as subsection (9) and amended, and a new subsection |
| 95 | (4) is added to that section, to read: |
| 96 | 316.212 Operation of golf carts on certain roadways.--The |
| 97 | operation of a golf cart upon the public roads or streets of |
| 98 | this state is prohibited except as provided herein: |
| 99 | (4) Notwithstanding any other provisions of this section, |
| 100 | a golf cart may be operated on a road that is part of the State |
| 101 | Park Road System, where the posted speed limit is 35 miles per |
| 102 | hour or less, and where not otherwise prohibited by the Division |
| 103 | of Recreation and Parks of the Department of Environmental |
| 104 | Protection. |
| 105 | (9)(8) A violation of this section is a noncriminal |
| 106 | traffic infraction, punishable pursuant to chapter 318 as a |
| 107 | moving violation for infractions of subsection (1), subsection |
| 108 | (2), subsection (3), subsection (5) (4), or a local ordinance |
| 109 | corresponding thereto and enacted pursuant to subsection (8) |
| 110 | (7), or punishable pursuant to chapter 318 as a nonmoving |
| 111 | violation for infractions of subsection (6) (5), subsection (7) |
| 112 | (6), or a local ordinance corresponding thereto and enacted |
| 113 | pursuant to subsection (8) (7). |
| 114 | Section 4. Subsection (1) of section 316.2125, Florida |
| 115 | Statutes, is amended to read: |
| 116 | 316.2125 Operation of golf carts within a retirement |
| 117 | community.-- |
| 118 | (1) Notwithstanding the provisions of s. 316.212, the |
| 119 | reasonable operation of a golf cart, equipped and operated as |
| 120 | provided in s. 316.212(5)(4), (6) (5), and (7) (6), within any |
| 121 | self-contained retirement community is permitted unless |
| 122 | prohibited under subsection (2). |
| 123 | Section 5. Section 316.2126, Florida Statutes, is amended |
| 124 | to read: |
| 125 | 316.2126 Use of golf carts and utility vehicles by |
| 126 | municipalities and the state.--In addition to the powers granted |
| 127 | by ss. 316.212 and 316.2125, municipalities and the state are |
| 128 | hereby authorized to utilize golf carts and utility vehicles, as |
| 129 | defined in s. 320.01, upon any state, county, or municipal roads |
| 130 | located within the corporate limits of such municipalities, |
| 131 | subject to the following conditions: |
| 132 | (1) Golf carts and utility vehicles must comply with the |
| 133 | operational and safety requirements in ss. 316.212 and 316.2125, |
| 134 | and with any more restrictive ordinances enacted by the local |
| 135 | governmental entity pursuant to s. 316.212(8)(7), and shall only |
| 136 | be operated by municipal or state employees for municipal or |
| 137 | state purposes, including, but not limited to, police patrol, |
| 138 | traffic enforcement, and inspection of public facilities. |
| 139 | (2) In addition to the safety equipment required in s. |
| 140 | 316.212(6)(5) and any more restrictive safety equipment required |
| 141 | by the local governmental entity pursuant to s. 316.212(8)(7), |
| 142 | such golf carts and utility vehicles must be equipped with |
| 143 | sufficient lighting and turn signal equipment. |
| 144 | (3) Golf carts and utility vehicles may only be operated |
| 145 | on state roads that have a posted speed limit of 30 miles per |
| 146 | hour or less. |
| 147 | (4) A municipal or state employee operating a golf cart or |
| 148 | utility vehicle pursuant to this section must possess a valid |
| 149 | driver's license as required by s. 322.03. |
| 150 | Section 6. This act shall take effect July 1, 2007. |