CS/HB 981

1
A bill to be entitled
2An act relating to state parks; amending s. 258.007, F.S.;
3deleting a penalty for a rule violation; creating s.
4258.008, F.S.; creating penalties for the violation of
5rules adopted under ch. 258, F.S., and for specified
6activities within the boundaries of a state park;
7providing for fines to be deposited into the State Park
8Trust Fund; providing for court costs under certain
9circumstances; amending s. 258.014, F.S.; providing for a
10half-price admission fee to state parks for members of the
11Florida National Guard and their families; amending s.
12259.1053; F.S.; extending leases; providing for hunting;
13providing conditions; amending s. 316.212, F.S.;
14authorizing the operation of a golf cart within a state
15park under certain circumstances; amending s. 316.2125,
16F.S.; conforming a cross-reference; amending s. 316.2126,
17F.S.; authorizing state agencies to operate golf carts and
18utility vehicles on public roads for public purposes;
19providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Subsection (2) of section 258.007, Florida
24Statutes, is amended to read:
25     258.007  Powers of division.--
26     (2)  The division has authority to adopt rules pursuant to
27ss. 120.536(1) and 120.54 to implement provisions of law
28conferring duties on it, and to impose penalties for the
29violation of any rule authorized by this section shall be a
30misdemeanor and punishable accordingly.
31     Section 2.  Section 258.008, Florida Statutes, is created
32to read:
33     258.008  Prohibited activities; penalties.--
34     (1)  Except as provided in subsection (3), any person who
35violates or otherwise fails to comply with the rules adopted
36under this chapter commits a noncriminal infraction for which
37ejection from all property managed by the Division of Recreation
38and Parks and a fine of up to $500 may be imposed by the
39division. Fines paid under this subsection shall be paid to the
40Department of Environmental Protection and deposited in the
41State Park Trust Fund.
42     (2)  In addition to penalties imposed under subsection (1),
43any person who fails to sign a citation given under subsection
44(1), fails to appear in court in response to such citation, or
45fails to comply with the court's order commits a misdemeanor of
46the second degree, punishable as provided in s. 775.082 or s.
47775.083.
48     (3)  Any person who engages in any of the following
49activities within the boundaries of a state park without first
50obtaining the express permission of the Division of Recreation
51and Parks commits a misdemeanor of the second degree, punishable
52as provided in s. 775.082 or s. 775.083, and shall be ejected
53from all property managed by the division:
54     (a)  Cutting, carving, injuring, mutilating, moving,
55displacing, or breaking off any water-bottom formation or coral;
56     (b)  Capturing, trapping, or injuring a wild animal;
57     (c)  Collecting plant or animal specimens;
58     (d)  Leaving the designated public roads in a vehicle; or
59     (e)  Hunting.
60     Section 3.  Subsection (3) is added to section 258.014,
61Florida Statutes, to read:
62     258.014  Fees for use of state parks.--
63     (3)  A person who is a member of the Florida National
64Guard, or the spouse or minor child of such a person, shall be
65charged one-half the admission fee to a state park upon
66presentation of a valid card that identifies the person as being
67an active member of the Florida National Guard or a spouse or
68child of such a member.
69     Section 4.  Subsection (13) of section 259.1053, Florida
70Statutes, is amended to read:
71     259.1053  Babcock Ranch Preserve; Babcock Ranch, Inc.;
72creation; membership; organization; meetings.--
73     (13)  MISCELLANEOUS PROVISIONS.--
74     (a)  Except for the powers of the commissioner provided in
75this section, and the powers of the commission provided in s. 9,
76Art. IV of the State Constitution, the preserve shall be managed
77by Babcock Ranch, Inc.
78     (b)  Officers and employees of Babcock Ranch, Inc., are
79private employees. At the request of the board of directors, the
80commission and the department may provide state employees for
81the purpose of implementing this section. Any state employees
82provided to assist the directors in implementing this section
83for more than 30 days shall be provided on a reimbursable basis.
84Reimbursement to the commission and the department shall be made
85from the corporation's operating fund provided under this
86section and not from any funds appropriated to the corporation
87by the Legislature.
88     (c)  Notwithstanding the prohibition or restrictions
89contained in the management agreement, areas of the ranch
90historically used for tenant farming may continue to be leased
91out by Babcock Ranch Management, LLC. Such leases, extensions or
92renewal periods shall be for a term of not less than one year or
93more than four years, and shall not exceed the total amount of
94acreage covered by the tenant leases in existence on July 31,
952006.
96     (d)  Until the management plan developed pursuant to s.
97253.034 and s. 259.032, is adopted, hunting for the purposes of
98reasonable wildlife population and habitat management shall be
99allowed on the preserve. Such purposes shall include prevention
100of overgrazing, disease, and overpopulation.  All hunting shall
101be conducted pursuant to the rules and regulations of the
102Florida Fish and Wildlife Conservation Commission; however,
103Babcock Ranch Management, LLC., shall have the authority to
104charge reasonable access fees to the general public.  Special
105opportunity hunts for persons with disabilities and those under
10618 years of age shall be a priority.  Until the management plan
107required by the management agreement is adopted, hunting for the
108purposes of reasonable wildlife population and habitat
109management shall be equivalent in purpose to any other
110recreational use on the preserve.
111     (e)  The provisions of paragraphs (c) and (d) shall  be
112contingent upon Babcock Ranch Management, LLC., meeting the
113requirements of s. 259.1053(11)(d).  The Board of Trustees shall
114order an audit pursuant to section 27, part V of the management
115agreement.
116     (f)  For the purposes of paragraphs (c) and (d) the
117management agreement is that document attached as Exhibit "E" to
118that certain agreement for sale and purchase approved by the
119Board of Trustees on November 22, 2005, and by Lee County on
120November 20, 2005
121     Section 5.  Section 316.212, Florida Statutes, is amended
122to read:
123     316.212  Operation of golf carts on certain roadways.--The
124operation of a golf cart upon the public roads or streets of
125this state is prohibited except as provided herein:
126     (1)  A golf cart may be operated only upon a county road
127that has been designated by a county, or a municipal street that
128has been designated by a municipality, for use by golf carts.
129Prior to making such a designation, the responsible local
130governmental entity must first determine that golf carts may
131safely travel on or cross the public road or street, considering
132factors including the speed, volume, and character of motor
133vehicle traffic using the road or street. Upon a determination
134that golf carts may be safely operated on a designated road or
135street, the responsible governmental entity shall post
136appropriate signs to indicate that such operation is allowed.
137     (2)  A golf cart may be operated on a part of the State
138Highway System only under the following conditions:
139     (a)  To cross a portion of the State Highway System which
140intersects a county road or municipal street that has been
141designated for use by golf carts if the Department of
142Transportation has reviewed and approved the location and design
143of the crossing and any traffic control devices needed for
144safety purposes.
145     (b)  To cross, at midblock, a part of the State Highway
146System where a golf course is constructed on both sides of the
147highway if the Department of Transportation has reviewed and
148approved the location and design of the crossing and any traffic
149control devices needed for safety purposes.
150     (c)  A golf cart may be operated on a state road that has
151been designated for transfer to a local government unit pursuant
152to s. 335.0415 if the Department of Transportation determines
153that the operation of a golf cart within the right-of-way of the
154road will not impede the safe and efficient flow of motor
155vehicular traffic. The department may authorize the operation of
156golf carts on such a road if:
157     1.  The road is the only available public road along which
158golf carts may travel or cross or the road provides the safest
159travel route among alternative routes available; and
160     2.  The speed, volume, and character of motor vehicular
161traffic using the road is considered in making such a
162determination.
163
164Upon its determination that golf carts may be operated on a
165given road, the department shall post appropriate signs on the
166road to indicate that such operation is allowed.
167     (3)  Notwithstanding any other provision of this section
168Any other provision of this section to the contrary
169notwithstanding, a golf cart may be operated for the purpose of
170crossing a street or highway where a single mobile home park is
171located on both sides of the street or highway and is divided by
172that street or highway, provided that the governmental entity
173having original jurisdiction over such street or highway shall
174review and approve the location of the crossing and require
175implementation of any traffic controls needed for safety
176purposes. This subsection shall apply only to residents or
177guests of the mobile home park. Any other provision of law to
178the contrary notwithstanding, If notice is posted at the
179entrance and exit of to any mobile home park where that
180residents of the park operate utilize golf carts or electric
181vehicles within the confines of the park it is shall not be
182necessary for that the park to have a gate or other device at
183the entrance and exit in order for such golf carts or electric
184vehicles to be lawfully operated in the park.
185     (4)  Notwithstanding any other provision of this section,
186if authorized by the Division of Recreation and Parks of the
187Department of Environmental Protection, a golf cart may be
188operated on a road that is part of the State Park Road System if
189the posted speed limit is 35 miles per hour or less.
190     (5)(4)  A golf cart may be operated only during the hours
191between sunrise and sunset, unless the responsible governmental
192entity has determined that a golf cart may be operated during
193the hours between sunset and sunrise and the golf cart is
194equipped with headlights, brake lights, turn signals, and a
195windshield.
196     (6)(5)  A golf cart must be equipped with efficient brakes,
197reliable steering apparatus, safe tires, a rearview mirror, and
198red reflectorized warning devices in both the front and rear.
199     (7)(6)  A golf cart may not be operated on public roads or
200streets by any person under the age of 14.
201     (8)(7)  A local governmental entity may enact an ordinance
202regarding golf cart operation and equipment which is more
203restrictive than those enumerated in this section. Upon
204enactment of any such ordinance, the local governmental entity
205shall post appropriate signs or otherwise inform the residents
206that such an ordinance exists and that it will shall be enforced
207within the local government's jurisdictional territory. An
208ordinance referred to in this section must apply only to an
209unlicensed driver.
210     (9)(8)  A violation of this section is a noncriminal
211traffic infraction, punishable pursuant to chapter 318 as a
212moving violation for infractions of subsections (1) through (5)
213subsection (1), subsection (2), subsection (3), subsection (4),
214or a local ordinance corresponding thereto and enacted pursuant
215to subsection (8) (7), or punishable pursuant to chapter 318 as
216a nonmoving violation for infractions of subsection (6) (5),
217subsection (7) (6), or a local ordinance corresponding thereto
218and enacted pursuant to subsection (8) (7).
219     Section 6.  Subsection (1) of section 316.2125, Florida
220Statutes, is amended to read:
221     316.2125  Operation of golf carts within a retirement
222community.--
223     (1)  Notwithstanding the provisions of s. 316.212, the
224reasonable operation of a golf cart, equipped and operated as
225provided in s. 316.212 s. 316.212(4), (5), and (6), within any
226self-contained retirement community is permitted unless
227prohibited under subsection (2).
228     Section 7.  Section 316.2126, Florida Statutes, is amended
229to read:
230     316.2126  Use of golf carts and utility vehicles by
231governmental units municipalities.--In addition to the powers
232granted by ss. 316.212 and 316.2125, state agencies and
233municipalities are hereby authorized to operate utilize golf
234carts and utility vehicles, as defined in s. 320.01, upon any
235state, county, or municipal roads located within the corporate
236limits of such municipalities, subject to the following
237conditions:
238     (1)  Golf carts and utility vehicles must comply with the
239operational and safety requirements in ss. 316.212 and 316.2125,
240and with any more restrictive ordinances enacted by the local
241governmental entity pursuant to s. 316.212(8) s. 316.212(7), and
242shall only be operated only by state or municipal employees for
243state or municipal purposes, including, but not limited to,
244police patrol, traffic enforcement, and inspection of public
245facilities.
246     (2)  In addition to the safety equipment required under
247subsection (1) required in s. 316.212(5) and any more
248restrictive safety equipment required by the local governmental
249entity pursuant to s. 316.212(7), such golf carts and utility
250vehicles must be equipped with sufficient lighting and turn
251signal equipment.
252     (3)  Golf carts and utility vehicles may only be operated
253only on state roads that have a posted speed limit of 30 miles
254per hour or less, and, if operated by an employee of a
255municipality, only on a state, county, or municipal road located
256within the corporate limits of the municipality.
257     (4)  A state or municipal employee operating a golf cart or
258utility vehicle pursuant to this section must possess a valid
259driver's license as required by s. 322.03.
260     Section 8.  This act shall take effect July 1, 2007.


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