CS/HB 981

1
A bill to be entitled
2An act relating to the state parks; amending s. 258.007,
3F.S.; requiring that certain violations of rules of the
4Division of Recreation and Parks of the Department of
5Environmental Protection are punishable as noncriminal
6infractions; specifying violations punishable as a
7misdemeanor of the second degree for certain activities;
8providing fines and penalties; providing for the deposit
9of certain fines into the State Park Trust Fund; providing
10for the use of certain funds in the State Park Trust Fund;
11amending s. 258.014, F.S.; requiring that an active member
12of the Florida National Guard, or a dependent of such a
13member, be charged only half the price of admission to a
14state park; amending s. 316.212, F.S.; authorizing
15operation of golf carts on certain roads in state parks;
16correcting cross-references; amending s. 316.2125, F.S.;
17correcting cross-references; amending s. 316.2126, F.S.;
18authorizing the state to use golf carts and utility
19vehicles on certain roads; correcting cross-references;
20amending s. 259.1053, F.S.; authorizing the Legislature to
21appropriate funds from the Land Acquisition Trust Fund for
22use as state matching funds for capital improvement
23facility development; authorizing the placement of
24designations recognizing private donors at ranch
25facilities; specifying that certain activities relating to
26agriculture are not unduly prohibited or restricted;
27providing that tenant farming shall not be prohibited;
28providing that cypress harvesting remains subject to the
29discretion of the Board of Trustees; authorizing hunting
30on the preserve under certain conditions; requiring such  
31hunting to be conducted under commission rules and
32regulations; authorizing hunting access fees for the
33general public; specifying that hunts for certain persons
34are a priority; providing purpose for hunting activities;
35providing an effective date.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  Subsection (2) of section 258.007, Florida
40Statutes, is amended to read:
41     258.007  Powers of division.--
42     (2)  The division has authority to adopt rules pursuant to
43ss. 120.536(1) and 120.54 to implement provisions of law
44conferring duties on it, and the violation of any rule
45authorized by this subsection section shall be a misdemeanor and
46punishable as follows: accordingly.
47     (a)  Except as provided in paragraph (b), any person who
48violates or otherwise fails to comply with the rules adopted
49under this subsection commits a noncriminal infraction for which
50ejection from all property managed by the division and a fine of
51up to $1,000 may be imposed by the division.
52     (b)  Unless such activity has been specifically permitted
53by the division, any person who is in violation of any of the
54following commits a misdemeanor of the second degree, punishable
55as provided in s. 775.082 or s. 775.083, and shall be ejected
56from all property managed by the division:
57     1.  Cutting, carving, injuring, mutilating, moving,
58displacing, or breaking off any water bottom formation or coral
59within the boundaries of a state park.
60     2.  Capturing, trapping, injuring, or harassing wild
61animals within the boundaries of a state park.
62     3.  Collecting plant or animal specimens within the
63boundaries of a state park.
64     4.  Leaving the designated public roads with a vehicle
65within 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),
68failing to appear in court in response to a citation, or failing
69to comply with the court's order.
70     (c)  Any fines collected pursuant to this section shall be
71deposited in the State Park Trust Fund, and such funds shall be
72used for the administration, maintenance, preservation, and
73improvement of state parks.
74     Section 2.  Section 258.014, Florida Statutes, is amended
75to read:
76     258.014  Fees for use of state parks.--
77     (1)  The Division of Recreation and Parks shall have the
78power to charge reasonable fees, rentals or charges for the use
79or operation of facilities and concessions in state parks, and
80all such fees, rentals, and charges so collected shall be
81deposited in the State Treasury to the credit of "State Park
82Trust Fund," which is hereby created, the continuing balance of
83which fund is hereby appropriated to be expended by said
84division for the administration, improvement and maintenance of
85state parks and for the acquisition and development of lands
86hereafter acquired for state park purposes. The appropriation of
87said fund shall be continuing, and shall not revert to the
88General Revenue Fund at the end of any fiscal year or at any
89other time but shall, until expended, be continually available
90to said division for the uses and purposes set forth.
91     (2)  A person who is an active member of the Florida
92National Guard, or the spouse or minor child of such a person,
93may be charged only half the price of admission to a state park
94upon presentation of a valid card that identifies the person as
95being an active member of the Florida National Guard or a
96dependent of such a member.
97     (3)(2)  Any moneys received in trust by the division by
98gift, devise, appropriation, or otherwise shall, subject to the
99terms of such trust, be deposited with the Chief Financial
100Officer in a fund to be known as the "State Park Trust Fund,"
101and shall be subject to withdrawal upon application of such
102division for expenditure or investment in accordance with the
103terms of the trust. Unless prohibited by the terms of the trust
104by which the moneys are derived, all of such moneys may be
105invested as provided by law.
106     Section 3.  Subsections (4), (5), (6), and (7) of section
107316.212, Florida Statutes, are renumbered as subsections (5),
108(6), (7), and (8), respectively, present subsection (8) is
109renumbered 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
112operation of a golf cart upon the public roads or streets of
113this state is prohibited except as provided herein:
114     (4)  Notwithstanding any other provisions of this section,
115a golf cart may be operated on a road that is part of the State
116Park Road System, where the posted speed limit is 35 miles per
117hour or less, and where not otherwise prohibited by the Division
118of Recreation and Parks of the Department of Environmental
119Protection.
120     (9)(8)  A violation of this section is a noncriminal
121traffic infraction, punishable pursuant to chapter 318 as a
122moving violation for infractions of subsection (1), subsection
123(2), subsection (3), subsection (5) (4), or a local ordinance
124corresponding thereto and enacted pursuant to subsection (8)
125(7), or punishable pursuant to chapter 318 as a nonmoving
126violation for infractions of subsection (6) (5), subsection (7)
127(6), or a local ordinance corresponding thereto and enacted
128pursuant to subsection (8) (7).
129     Section 4.  Subsection (1) of section 316.2125, Florida
130Statutes, is amended to read:
131     316.2125  Operation of golf carts within a retirement
132community.--
133     (1)  Notwithstanding the provisions of s. 316.212, the
134reasonable operation of a golf cart, equipped and operated as
135provided in s. 316.212(5)(4), (6) (5), and (7) (6), within any
136self-contained retirement community is permitted unless
137prohibited under subsection (2).
138     Section 5.  Section 316.2126, Florida Statutes, is amended
139to read:
140     316.2126  Use of golf carts and utility vehicles by
141municipalities and the state.--In addition to the powers granted
142by ss. 316.212 and 316.2125, municipalities and the state are
143hereby authorized to utilize golf carts and utility vehicles, as
144defined in s. 320.01, upon any state, county, or municipal roads
145located within the corporate limits of such municipalities,
146subject to the following conditions:
147     (1)  Golf carts and utility vehicles must comply with the
148operational and safety requirements in ss. 316.212 and 316.2125,
149and with any more restrictive ordinances enacted by the local
150governmental entity pursuant to s. 316.212(8)(7), and shall only
151be operated by municipal or state employees for municipal or
152state purposes, including, but not limited to, police patrol,
153traffic enforcement, and inspection of public facilities.
154     (2)  In addition to the safety equipment required in s.
155316.212(6)(5) and any more restrictive safety equipment required
156by the local governmental entity pursuant to s. 316.212(8)(7),
157such golf carts and utility vehicles must be equipped with
158sufficient lighting and turn signal equipment.
159     (3)  Golf carts and utility vehicles may only be operated
160on state roads that have a posted speed limit of 30 miles per
161hour or less.
162     (4)  A municipal or state employee operating a golf cart or
163utility vehicle pursuant to this section must possess a valid
164driver's license as required by s. 322.03.
165     Section 6.  Paragraph (f) of subsection (10) of section
166259.1053, Florida Statutes, is redesignated as paragraph (g), a
167new paragraph (f) is added to that subsection, and paragraphs
168(c) and (d) are added to subsection (13) of that section, to
169read:
170     259.1053 Babcock Ranch Preserve; Babcock Ranch, Inc.;
171creation; membership; organization; meetings.--
172     (10) OPERATING FUND, ANNUAL BUDGET, AUDIT, REPORTING
173REQUIREMENTS.--
174     (f)  The Legislature may annually appropriate funds from
175the Land Acquisition Trust Fund for use as state matching funds
176in conjunction with private donations in aggregates of at least
177$60,000 matched by $40,000 of state funds for a total minimum
178project amount of $100,000 for capital improvement facility
179development at the ranch at either individually designated
180locations or for priority projects within the overall ranch
181system. Babcock Ranch, Inc., is authorized to properly recognize
182and honor a private donor by placing a plaque or other
183appropriate designation noting the contribution on project
184facilities or by naming project facilities after the person or
185organization that provided the matching funds.
186     (g)(f)  All parties in contract with the corporation and
187all holders of leases from the corporation which are authorized
188to occupy, use, or develop properties under the management
189jurisdiction of the corporation must procure proper insurance as
190is reasonable or customary to insure against any loss in
191connection with the properties or with activities authorized in
192the leases or contracts.
193     (13)  MISCELLANEOUS PROVISIONS.--
194     (c)  For the purpose of ensuring financial sustainability
195on the ranch, activities relating to agriculture as defined in
196s. 570.02 shall not be unduly prohibited or restricted except by
197general law. However, tenant farming shall not be prohibited,
198and cypress harvesting shall remain subject to the discretion of
199the Board of Trustees.
200     (d)  Until the management plan is adopted, hunting for the
201purposes of reasonable wildlife population and habitat
202management shall be allowed on the preserve. Such purposes shall
203include prevention of overgrazing, disease, and overpopulation.
204All hunting shall be conducted pursuant to commission rules and
205regulations; however, Babcock Ranch Management, LLC, and,
206subsequently, Babcock Ranch, Inc., shall have the authority to
207charge access fees to the general public. Special opportunity
208hunts for persons with disabilities and those under 18 years of
209age shall be a priority. Hunting shall be equivalent in purpose
210to any other recreational use on the preserve.
211     Section 7.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.