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 | amending s. 259.1053, F.S.; authorizing the Legislature to |
21 | appropriate funds from the Land Acquisition Trust Fund for |
22 | use as state matching funds for capital improvement |
23 | facility development; authorizing the placement of |
24 | designations recognizing private donors at ranch |
25 | facilities; specifying that certain activities relating to |
26 | agriculture are not unduly prohibited or restricted; |
27 | providing that tenant farming shall not be prohibited; |
28 | providing that cypress harvesting remains subject to the |
29 | discretion of the Board of Trustees; authorizing hunting |
30 | on the preserve under certain conditions; requiring such |
31 | hunting to be conducted under commission rules and |
32 | regulations; authorizing hunting access fees for the |
33 | general public; specifying that hunts for certain persons |
34 | are a priority; providing purpose for hunting activities; |
35 | providing an effective date. |
36 |
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37 | Be It Enacted by the Legislature of the State of Florida: |
38 |
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39 | Section 1. Subsection (2) of section 258.007, Florida |
40 | Statutes, is amended to read: |
41 | 258.007 Powers of division.-- |
42 | (2) The division has authority to adopt rules pursuant to |
43 | ss. 120.536(1) and 120.54 to implement provisions of law |
44 | conferring duties on it, and the violation of any rule |
45 | authorized by this subsection section shall be a misdemeanor and |
46 | punishable as follows: accordingly. |
47 | (a) Except as provided in paragraph (b), any person who |
48 | violates or otherwise fails to comply with the rules adopted |
49 | under this subsection commits a noncriminal infraction for which |
50 | ejection from all property managed by the division and a fine of |
51 | up to $1,000 may be imposed by the division. |
52 | (b) Unless such activity has been specifically permitted |
53 | by the division, any person who is in violation of any of the |
54 | following commits a misdemeanor of the second degree, punishable |
55 | as provided in s. 775.082 or s. 775.083, and shall be ejected |
56 | from all property managed by the division: |
57 | 1. Cutting, carving, injuring, mutilating, moving, |
58 | displacing, or breaking off any water bottom formation or coral |
59 | within the boundaries of a state park. |
60 | 2. Capturing, trapping, injuring, or harassing wild |
61 | animals within the boundaries of a state park. |
62 | 3. Collecting plant or animal specimens within the |
63 | boundaries of a state park. |
64 | 4. Leaving the designated public roads with a vehicle |
65 | within the boundaries of a state park. |
66 | 5. Hunting within the boundaries of a state park. |
67 | 6. Failing to sign a citation given under paragraph (a), |
68 | failing to appear in court in response to a citation, or failing |
69 | to comply with the court's order. |
70 | (c) Any fines collected pursuant to this section shall be |
71 | deposited in the State Park Trust Fund, and such funds shall be |
72 | used for the administration, maintenance, preservation, and |
73 | improvement of state parks. |
74 | Section 2. Section 258.014, Florida Statutes, is amended |
75 | to read: |
76 | 258.014 Fees for use of state parks.-- |
77 | (1) The Division of Recreation and Parks shall have the |
78 | power to charge reasonable fees, rentals or charges for the use |
79 | or operation of facilities and concessions in state parks, and |
80 | all such fees, rentals, and charges so collected shall be |
81 | deposited in the State Treasury to the credit of "State Park |
82 | Trust Fund," which is hereby created, the continuing balance of |
83 | which fund is hereby appropriated to be expended by said |
84 | division for the administration, improvement and maintenance of |
85 | state parks and for the acquisition and development of lands |
86 | hereafter acquired for state park purposes. The appropriation of |
87 | said fund shall be continuing, and shall not revert to the |
88 | General Revenue Fund at the end of any fiscal year or at any |
89 | other time but shall, until expended, be continually available |
90 | to said division for the uses and purposes set forth. |
91 | (2) A person who is an active member of the Florida |
92 | National Guard, or the spouse or minor child of such a person, |
93 | may be charged only half the price of admission to a state park |
94 | upon presentation of a valid card that identifies the person as |
95 | being an active member of the Florida National Guard or a |
96 | dependent of such a member. |
97 | (3)(2) Any moneys received in trust by the division by |
98 | gift, devise, appropriation, or otherwise shall, subject to the |
99 | terms of such trust, be deposited with the Chief Financial |
100 | Officer in a fund to be known as the "State Park Trust Fund," |
101 | and shall be subject to withdrawal upon application of such |
102 | division for expenditure or investment in accordance with the |
103 | terms of the trust. Unless prohibited by the terms of the trust |
104 | by which the moneys are derived, all of such moneys may be |
105 | invested as provided by law. |
106 | Section 3. Subsections (4), (5), (6), and (7) of section |
107 | 316.212, Florida Statutes, are renumbered as subsections (5), |
108 | (6), (7), and (8), respectively, present subsection (8) is |
109 | renumbered as subsection (9) and amended, and a new subsection |
110 | (4) is added to that section, to read: |
111 | 316.212 Operation of golf carts on certain roadways.--The |
112 | operation of a golf cart upon the public roads or streets of |
113 | this state is prohibited except as provided herein: |
114 | (4) Notwithstanding any other provisions of this section, |
115 | a golf cart may be operated on a road that is part of the State |
116 | Park Road System, where the posted speed limit is 35 miles per |
117 | hour or less, and where not otherwise prohibited by the Division |
118 | of Recreation and Parks of the Department of Environmental |
119 | Protection. |
120 | (9)(8) A violation of this section is a noncriminal |
121 | traffic infraction, punishable pursuant to chapter 318 as a |
122 | moving violation for infractions of subsection (1), subsection |
123 | (2), subsection (3), subsection (5) (4), or a local ordinance |
124 | corresponding thereto and enacted pursuant to subsection (8) |
125 | (7), or punishable pursuant to chapter 318 as a nonmoving |
126 | violation for infractions of subsection (6) (5), subsection (7) |
127 | (6), or a local ordinance corresponding thereto and enacted |
128 | pursuant to subsection (8) (7). |
129 | Section 4. Subsection (1) of section 316.2125, Florida |
130 | Statutes, is amended to read: |
131 | 316.2125 Operation of golf carts within a retirement |
132 | community.-- |
133 | (1) Notwithstanding the provisions of s. 316.212, the |
134 | reasonable operation of a golf cart, equipped and operated as |
135 | provided in s. 316.212(5)(4), (6) (5), and (7) (6), within any |
136 | self-contained retirement community is permitted unless |
137 | prohibited under subsection (2). |
138 | Section 5. Section 316.2126, Florida Statutes, is amended |
139 | to read: |
140 | 316.2126 Use of golf carts and utility vehicles by |
141 | municipalities and the state.--In addition to the powers granted |
142 | by ss. 316.212 and 316.2125, municipalities and the state are |
143 | hereby authorized to utilize golf carts and utility vehicles, as |
144 | defined in s. 320.01, upon any state, county, or municipal roads |
145 | located within the corporate limits of such municipalities, |
146 | subject to the following conditions: |
147 | (1) Golf carts and utility vehicles must comply with the |
148 | operational and safety requirements in ss. 316.212 and 316.2125, |
149 | and with any more restrictive ordinances enacted by the local |
150 | governmental entity pursuant to s. 316.212(8)(7), and shall only |
151 | be operated by municipal or state employees for municipal or |
152 | state purposes, including, but not limited to, police patrol, |
153 | traffic enforcement, and inspection of public facilities. |
154 | (2) In addition to the safety equipment required in s. |
155 | 316.212(6)(5) and any more restrictive safety equipment required |
156 | by the local governmental entity pursuant to s. 316.212(8)(7), |
157 | such golf carts and utility vehicles must be equipped with |
158 | sufficient lighting and turn signal equipment. |
159 | (3) Golf carts and utility vehicles may only be operated |
160 | on state roads that have a posted speed limit of 30 miles per |
161 | hour or less. |
162 | (4) A municipal or state employee operating a golf cart or |
163 | utility vehicle pursuant to this section must possess a valid |
164 | driver's license as required by s. 322.03. |
165 | Section 6. Paragraph (f) of subsection (10) of section |
166 | 259.1053, Florida Statutes, is redesignated as paragraph (g), a |
167 | new paragraph (f) is added to that subsection, and paragraphs |
168 | (c) and (d) are added to subsection (13) of that section, to |
169 | read: |
170 | 259.1053 Babcock Ranch Preserve; Babcock Ranch, Inc.; |
171 | creation; membership; organization; meetings.-- |
172 | (10) OPERATING FUND, ANNUAL BUDGET, AUDIT, REPORTING |
173 | REQUIREMENTS.-- |
174 | (f) The Legislature may annually appropriate funds from |
175 | the Land Acquisition Trust Fund for use as state matching funds |
176 | in conjunction with private donations in aggregates of at least |
177 | $60,000 matched by $40,000 of state funds for a total minimum |
178 | project amount of $100,000 for capital improvement facility |
179 | development at the ranch at either individually designated |
180 | locations or for priority projects within the overall ranch |
181 | system. Babcock Ranch, Inc., is authorized to properly recognize |
182 | and honor a private donor by placing a plaque or other |
183 | appropriate designation noting the contribution on project |
184 | facilities or by naming project facilities after the person or |
185 | organization that provided the matching funds. |
186 | (g)(f) All parties in contract with the corporation and |
187 | all holders of leases from the corporation which are authorized |
188 | to occupy, use, or develop properties under the management |
189 | jurisdiction of the corporation must procure proper insurance as |
190 | is reasonable or customary to insure against any loss in |
191 | connection with the properties or with activities authorized in |
192 | the leases or contracts. |
193 | (13) MISCELLANEOUS PROVISIONS.-- |
194 | (c) For the purpose of ensuring financial sustainability |
195 | on the ranch, activities relating to agriculture as defined in |
196 | s. 570.02 shall not be unduly prohibited or restricted except by |
197 | general law. However, tenant farming shall not be prohibited, |
198 | and cypress harvesting shall remain subject to the discretion of |
199 | the Board of Trustees. |
200 | (d) Until the management plan is adopted, hunting for the |
201 | purposes of reasonable wildlife population and habitat |
202 | management shall be allowed on the preserve. Such purposes shall |
203 | include prevention of overgrazing, disease, and overpopulation. |
204 | All hunting shall be conducted pursuant to commission rules and |
205 | regulations; however, Babcock Ranch Management, LLC, and, |
206 | subsequently, Babcock Ranch, Inc., shall have the authority to |
207 | charge access fees to the general public. Special opportunity |
208 | hunts for persons with disabilities and those under 18 years of |
209 | age shall be a priority. Hunting shall be equivalent in purpose |
210 | to any other recreational use on the preserve. |
211 | Section 7. This act shall take effect July 1, 2007. |