| 1 | A bill to be entitled |
| 2 | An act relating to state parks; amending s. 258.007, F.S.; |
| 3 | deleting a penalty for a rule violation; creating s. |
| 4 | 258.008, F.S.; creating penalties for the violation of |
| 5 | rules adopted under ch. 258, F.S., and for specified |
| 6 | activities within the boundaries of a state park; |
| 7 | providing for fines to be deposited into the State Park |
| 8 | Trust Fund; providing for court costs under certain |
| 9 | circumstances; amending s. 258.014, F.S.; providing for a |
| 10 | half-price admission fee to state parks for members of the |
| 11 | Florida National Guard and their families; amending s. |
| 12 | 259.1053; F.S.; extending leases; providing for hunting; |
| 13 | providing conditions; amending s. 316.212, F.S.; |
| 14 | authorizing the operation of a golf cart within a state |
| 15 | park under certain circumstances; amending s. 316.2125, |
| 16 | F.S.; conforming a cross-reference; amending s. 316.2126, |
| 17 | F.S.; authorizing state agencies to operate golf carts and |
| 18 | utility vehicles on public roads for public purposes; |
| 19 | providing an effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Subsection (2) of section 258.007, Florida |
| 24 | Statutes, is amended to read: |
| 25 | 258.007 Powers of division.-- |
| 26 | (2) The division has authority to adopt rules pursuant to |
| 27 | ss. 120.536(1) and 120.54 to implement provisions of law |
| 28 | conferring duties on it, and to impose penalties for the |
| 29 | violation of any rule authorized by this section shall be a |
| 30 | misdemeanor and punishable accordingly. |
| 31 | Section 2. Section 258.008, Florida Statutes, is created |
| 32 | to read: |
| 33 | 258.008 Prohibited activities; penalties.-- |
| 34 | (1) Except as provided in subsection (3), any person who |
| 35 | violates or otherwise fails to comply with the rules adopted |
| 36 | under this chapter commits a noncriminal infraction for which |
| 37 | ejection from all property managed by the Division of Recreation |
| 38 | and Parks and a fine of up to $500 may be imposed by the |
| 39 | division. Fines paid under this subsection shall be paid to the |
| 40 | Department of Environmental Protection and deposited in the |
| 41 | State Park Trust Fund. |
| 42 | (2) In addition to penalties imposed under subsection (1), |
| 43 | any person who fails to sign a citation given under subsection |
| 44 | (1), fails to appear in court in response to such citation, or |
| 45 | fails to comply with the court's order commits a misdemeanor of |
| 46 | the second degree, punishable as provided in s. 775.082 or s. |
| 47 | 775.083. |
| 48 | (3) Any person who engages in any of the following |
| 49 | activities within the boundaries of a state park without first |
| 50 | obtaining the express permission of the Division of Recreation |
| 51 | and Parks commits a misdemeanor of the second degree, punishable |
| 52 | as provided in s. 775.082 or s. 775.083, and shall be ejected |
| 53 | from all property managed by the division: |
| 54 | (a) Cutting, carving, injuring, mutilating, moving, |
| 55 | displacing, 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, |
| 61 | Florida Statutes, to read: |
| 62 | 258.014 Fees for use of state parks.-- |
| 63 | (3) A person who is a member of the Florida National |
| 64 | Guard, or the spouse or minor child of such a person, shall be |
| 65 | charged one-half the admission fee to a state park upon |
| 66 | presentation of a valid card that identifies the person as being |
| 67 | an active member of the Florida National Guard or a spouse or |
| 68 | child of such a member. |
| 69 | Section 4. Subsection (13) of section 259.1053, Florida |
| 70 | Statutes, is amended to read: |
| 71 | 259.1053 Babcock Ranch Preserve; Babcock Ranch, Inc.; |
| 72 | creation; membership; organization; meetings.-- |
| 73 | (13) MISCELLANEOUS PROVISIONS.-- |
| 74 | (a) Except for the powers of the commissioner provided in |
| 75 | this section, and the powers of the commission provided in s. 9, |
| 76 | Art. IV of the State Constitution, the preserve shall be managed |
| 77 | by Babcock Ranch, Inc. |
| 78 | (b) Officers and employees of Babcock Ranch, Inc., are |
| 79 | private employees. At the request of the board of directors, the |
| 80 | commission and the department may provide state employees for |
| 81 | the purpose of implementing this section. Any state employees |
| 82 | provided to assist the directors in implementing this section |
| 83 | for more than 30 days shall be provided on a reimbursable basis. |
| 84 | Reimbursement to the commission and the department shall be made |
| 85 | from the corporation's operating fund provided under this |
| 86 | section and not from any funds appropriated to the corporation |
| 87 | by the Legislature. |
| 88 | (c) Notwithstanding the prohibition or restrictions |
| 89 | contained in the management agreement, areas of the ranch |
| 90 | historically used for tenant farming may continue to be leased |
| 91 | out by Babcock Ranch Management, LLC. Such leases, extensions or |
| 92 | renewal periods shall be for a term of not less than one year or |
| 93 | more than four years, and shall not exceed the total amount of |
| 94 | acreage covered by the tenant leases in existence on July 31, |
| 95 | 2006. |
| 96 | (d) Until the management plan developed pursuant to s. |
| 97 | 253.034 and s. 259.032, is adopted, hunting for the purposes of |
| 98 | reasonable wildlife population and habitat management shall be |
| 99 | allowed on the preserve. Such purposes shall include prevention |
| 100 | of overgrazing, disease, and overpopulation. All hunting shall |
| 101 | be conducted pursuant to the rules and regulations of the |
| 102 | Florida Fish and Wildlife Conservation Commission; however, |
| 103 | Babcock Ranch Management, LLC., shall have the authority to |
| 104 | charge reasonable access fees to the general public. Special |
| 105 | opportunity hunts for persons with disabilities and those under |
| 106 | 18 years of age shall be a priority. Until the management plan |
| 107 | required by the management agreement is adopted, hunting for the |
| 108 | purposes of reasonable wildlife population and habitat |
| 109 | management shall be equivalent in purpose to any other |
| 110 | recreational use on the preserve. |
| 111 | (e) The provisions of paragraphs (c) and (d) shall be |
| 112 | contingent upon Babcock Ranch Management, LLC., meeting the |
| 113 | requirements of s. 259.1053(11)(d). The Board of Trustees shall |
| 114 | order an audit pursuant to section 27, part V of the management |
| 115 | agreement. |
| 116 | (f) For the purposes of paragraphs (c) and (d) the |
| 117 | management agreement is that document attached as Exhibit "E" to |
| 118 | that certain agreement for sale and purchase approved by the |
| 119 | Board of Trustees on November 22, 2005, and by Lee County on |
| 120 | November 20, 2005 |
| 121 | Section 5. Section 316.212, Florida Statutes, is amended |
| 122 | to read: |
| 123 | 316.212 Operation of golf carts on certain roadways.--The |
| 124 | operation of a golf cart upon the public roads or streets of |
| 125 | this state is prohibited except as provided herein: |
| 126 | (1) A golf cart may be operated only upon a county road |
| 127 | that has been designated by a county, or a municipal street that |
| 128 | has been designated by a municipality, for use by golf carts. |
| 129 | Prior to making such a designation, the responsible local |
| 130 | governmental entity must first determine that golf carts may |
| 131 | safely travel on or cross the public road or street, considering |
| 132 | factors including the speed, volume, and character of motor |
| 133 | vehicle traffic using the road or street. Upon a determination |
| 134 | that golf carts may be safely operated on a designated road or |
| 135 | street, the responsible governmental entity shall post |
| 136 | appropriate signs to indicate that such operation is allowed. |
| 137 | (2) A golf cart may be operated on a part of the State |
| 138 | Highway System only under the following conditions: |
| 139 | (a) To cross a portion of the State Highway System which |
| 140 | intersects a county road or municipal street that has been |
| 141 | designated for use by golf carts if the Department of |
| 142 | Transportation has reviewed and approved the location and design |
| 143 | of the crossing and any traffic control devices needed for |
| 144 | safety purposes. |
| 145 | (b) To cross, at midblock, a part of the State Highway |
| 146 | System where a golf course is constructed on both sides of the |
| 147 | highway if the Department of Transportation has reviewed and |
| 148 | approved the location and design of the crossing and any traffic |
| 149 | control devices needed for safety purposes. |
| 150 | (c) A golf cart may be operated on a state road that has |
| 151 | been designated for transfer to a local government unit pursuant |
| 152 | to s. 335.0415 if the Department of Transportation determines |
| 153 | that the operation of a golf cart within the right-of-way of the |
| 154 | road will not impede the safe and efficient flow of motor |
| 155 | vehicular traffic. The department may authorize the operation of |
| 156 | golf carts on such a road if: |
| 157 | 1. The road is the only available public road along which |
| 158 | golf carts may travel or cross or the road provides the safest |
| 159 | travel route among alternative routes available; and |
| 160 | 2. The speed, volume, and character of motor vehicular |
| 161 | traffic using the road is considered in making such a |
| 162 | determination. |
| 163 |
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| 164 | Upon its determination that golf carts may be operated on a |
| 165 | given road, the department shall post appropriate signs on the |
| 166 | road to indicate that such operation is allowed. |
| 167 | (3) Notwithstanding any other provision of this section |
| 168 | Any other provision of this section to the contrary |
| 169 | notwithstanding, a golf cart may be operated for the purpose of |
| 170 | crossing a street or highway where a single mobile home park is |
| 171 | located on both sides of the street or highway and is divided by |
| 172 | that street or highway, provided that the governmental entity |
| 173 | having original jurisdiction over such street or highway shall |
| 174 | review and approve the location of the crossing and require |
| 175 | implementation of any traffic controls needed for safety |
| 176 | purposes. This subsection shall apply only to residents or |
| 177 | guests of the mobile home park. Any other provision of law to |
| 178 | the contrary notwithstanding, If notice is posted at the |
| 179 | entrance and exit of to any mobile home park where that |
| 180 | residents of the park operate utilize golf carts or electric |
| 181 | vehicles within the confines of the park it is shall not be |
| 182 | necessary for that the park to have a gate or other device at |
| 183 | the entrance and exit in order for such golf carts or electric |
| 184 | vehicles to be lawfully operated in the park. |
| 185 | (4) Notwithstanding any other provision of this section, |
| 186 | if authorized by the Division of Recreation and Parks of the |
| 187 | Department of Environmental Protection, a golf cart may be |
| 188 | operated on a road that is part of the State Park Road System if |
| 189 | the posted speed limit is 35 miles per hour or less. |
| 190 | (5)(4) A golf cart may be operated only during the hours |
| 191 | between sunrise and sunset, unless the responsible governmental |
| 192 | entity has determined that a golf cart may be operated during |
| 193 | the hours between sunset and sunrise and the golf cart is |
| 194 | equipped with headlights, brake lights, turn signals, and a |
| 195 | windshield. |
| 196 | (6)(5) A golf cart must be equipped with efficient brakes, |
| 197 | reliable steering apparatus, safe tires, a rearview mirror, and |
| 198 | red reflectorized warning devices in both the front and rear. |
| 199 | (7)(6) A golf cart may not be operated on public roads or |
| 200 | streets by any person under the age of 14. |
| 201 | (8)(7) A local governmental entity may enact an ordinance |
| 202 | regarding golf cart operation and equipment which is more |
| 203 | restrictive than those enumerated in this section. Upon |
| 204 | enactment of any such ordinance, the local governmental entity |
| 205 | shall post appropriate signs or otherwise inform the residents |
| 206 | that such an ordinance exists and that it will shall be enforced |
| 207 | within the local government's jurisdictional territory. An |
| 208 | ordinance referred to in this section must apply only to an |
| 209 | unlicensed driver. |
| 210 | (9)(8) A violation of this section is a noncriminal |
| 211 | traffic infraction, punishable pursuant to chapter 318 as a |
| 212 | moving violation for infractions of subsections (1) through (5) |
| 213 | subsection (1), subsection (2), subsection (3), subsection (4), |
| 214 | or a local ordinance corresponding thereto and enacted pursuant |
| 215 | to subsection (8) (7), or punishable pursuant to chapter 318 as |
| 216 | a nonmoving violation for infractions of subsection (6) (5), |
| 217 | subsection (7) (6), or a local ordinance corresponding thereto |
| 218 | and enacted pursuant to subsection (8) (7). |
| 219 | Section 6. Subsection (1) of section 316.2125, Florida |
| 220 | Statutes, is amended to read: |
| 221 | 316.2125 Operation of golf carts within a retirement |
| 222 | community.-- |
| 223 | (1) Notwithstanding the provisions of s. 316.212, the |
| 224 | reasonable operation of a golf cart, equipped and operated as |
| 225 | provided in s. 316.212 s. 316.212(4), (5), and (6), within any |
| 226 | self-contained retirement community is permitted unless |
| 227 | prohibited under subsection (2). |
| 228 | Section 7. Section 316.2126, Florida Statutes, is amended |
| 229 | to read: |
| 230 | 316.2126 Use of golf carts and utility vehicles by |
| 231 | governmental units municipalities.--In addition to the powers |
| 232 | granted by ss. 316.212 and 316.2125, state agencies and |
| 233 | municipalities are hereby authorized to operate utilize golf |
| 234 | carts and utility vehicles, as defined in s. 320.01, upon any |
| 235 | state, county, or municipal roads located within the corporate |
| 236 | limits of such municipalities, subject to the following |
| 237 | conditions: |
| 238 | (1) Golf carts and utility vehicles must comply with the |
| 239 | operational and safety requirements in ss. 316.212 and 316.2125, |
| 240 | and with any more restrictive ordinances enacted by the local |
| 241 | governmental entity pursuant to s. 316.212(8) s. 316.212(7), and |
| 242 | shall only be operated only by state or municipal employees for |
| 243 | state or municipal purposes, including, but not limited to, |
| 244 | police patrol, traffic enforcement, and inspection of public |
| 245 | facilities. |
| 246 | (2) In addition to the safety equipment required under |
| 247 | subsection (1) required in s. 316.212(5) and any more |
| 248 | restrictive safety equipment required by the local governmental |
| 249 | entity pursuant to s. 316.212(7), such golf carts and utility |
| 250 | vehicles must be equipped with sufficient lighting and turn |
| 251 | signal equipment. |
| 252 | (3) Golf carts and utility vehicles may only be operated |
| 253 | only on state roads that have a posted speed limit of 30 miles |
| 254 | per hour or less, and, if operated by an employee of a |
| 255 | municipality, only on a state, county, or municipal road located |
| 256 | within the corporate limits of the municipality. |
| 257 | (4) A state or municipal employee operating a golf cart or |
| 258 | utility vehicle pursuant to this section must possess a valid |
| 259 | driver's license as required by s. 322.03. |
| 260 | Section 8. This act shall take effect July 1, 2007. |