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A bill to be entitled

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An act relating to state parks; amending s. 258.007, F.S.;

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deleting a penalty for a rule violation; creating s.

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258.008, F.S.; creating penalties for the violation of

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rules adopted under ch. 258, F.S., and for specified

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activities within the boundaries of a state park;

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providing for fines to be deposited into the State Park

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Trust Fund; amending s. 316.212, F.S.; authorizing the

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operation of a golf cart within a state park under certain

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circumstances; amending s. 316.2125, F.S.; conforming a

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cross-reference; amending s. 316.2126, F.S.; authorizing

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municipalities and the Division of Recreation and Parks of

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the Department of Environmental Protection to operate golf

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carts and utility vehicles on public roads within

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municipal corporate limits or state park boundaries for

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public purposes; conforming cross-references; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (2) of section 258.007, Florida

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Statutes, is amended to read:

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     258.007  Powers of division.--

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     (2)  The division has authority to adopt rules pursuant to

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ss. 120.536(1) and 120.54 to implement provisions of law

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conferring duties on it, and authority to impose penalties as

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provided in s. 258.008 for the violation of any rule authorized

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by this section shall be a misdemeanor and punishable

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accordingly.

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     Section 2.  Section 258.008, Florida Statutes, is created to

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read:

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     258.008 Prohibited activities; penalties.--

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     (1) Except as provided in subsection (3), any person who

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violates or otherwise fails to comply with the rules adopted

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under this chapter commits a noncriminal infraction for which

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ejection from all property managed by the Division of Recreation

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and Parks and a fine of up to $500 may be imposed by the

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division. Fines paid under this subsection shall be paid to the

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Department of Environmental Protection and deposited in the State

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Park Trust Fund.

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     (2) In addition to penalties imposed under subsection (1),

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any person who fails to sign a citation given under subsection

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(1), fails to appear in court in response to such citation, or

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fails to comply with the court's order commits a misdemeanor of

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the second degree, punishable as provided in s. 775.082 or s.

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775.083.

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     (3) Any person who engages in any of the following

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activities within the boundaries of a state park without first

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obtaining the express permission of the Division of Recreation

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and Parks commits a misdemeanor of the second degree, punishable

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as provided in s. 775.082 or s. 775.083, and shall be ejected

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from all property managed by the division:

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     (a) Cutting, carving, injuring, mutilating, moving,

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displacing, or breaking off any water-bottom formation or coral.

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     (b) Capturing, trapping, or injuring a wild animal.

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     (c) Collecting plant or animal specimens.

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     (d) Leaving the designated public roads in a vehicle.

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     (e) Hunting.

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     Section 3.  Section 316.212, Florida Statutes, is amended to

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read:

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     316.212  Operation of golf carts on certain roadways.--The

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operation of a golf cart upon the public roads or streets of this

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state is prohibited except as provided herein:

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     (1)  A golf cart may be operated only upon a county road

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that has been designated by a county, or a municipal street that

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has been designated by a municipality, for use by golf carts.

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Prior to making such a designation, the responsible local

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governmental entity must first determine that golf carts may

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safely travel on or cross the public road or street, considering

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factors including the speed, volume, and character of motor

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vehicle traffic using the road or street. Upon a determination

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that golf carts may be safely operated on a designated road or

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street, the responsible governmental entity shall post

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appropriate signs to indicate that such operation is allowed.

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     (2)  A golf cart may be operated on a part of the State

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Highway System only under the following conditions:

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     (a)  To cross a portion of the State Highway System which

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intersects a county road or municipal street that has been

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designated for use by golf carts if the Department of

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Transportation has reviewed and approved the location and design

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of the crossing and any traffic control devices needed for safety

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purposes.

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     (b)  To cross, at midblock, a part of the State Highway

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System where a golf course is constructed on both sides of the

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highway if the Department of Transportation has reviewed and

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approved the location and design of the crossing and any traffic

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control devices needed for safety purposes.

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     (c)  A golf cart may be operated on a state road that has

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been designated for transfer to a local government unit pursuant

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to s. 335.0415 if the Department of Transportation determines

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that the operation of a golf cart within the right-of-way of the

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road will not impede the safe and efficient flow of motor

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vehicular traffic. The department may authorize the operation of

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golf carts on such a road if:

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     1.  The road is the only available public road along which

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golf carts may travel or cross or the road provides the safest

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travel route among alternative routes available; and

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     2.  The speed, volume, and character of motor vehicular

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traffic using the road is considered in making such a

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determination.

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Upon its determination that golf carts may be operated on a given

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road, the department shall post appropriate signs on the road to

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indicate that such operation is allowed.

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     (3) Notwithstanding any other provision of this section to

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the contrary notwithstanding, a golf cart may be operated for the

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purpose of crossing a street or highway where a single mobile

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home park is located on both sides of the street or highway and

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is divided by that street or highway, provided that the

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governmental entity having original jurisdiction over such street

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or highway shall review and approve the location of the crossing

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and require implementation of any traffic controls needed for

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safety purposes. This subsection shall apply only to residents or

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guests of the mobile home park. Any other provision of law to the

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contrary notwithstanding, If notice is posted at the entrance and

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exit of to any mobile home park where that residents of the park

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operate utilize golf carts or electric vehicles within the

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confines of the park, it is shall not be necessary for that the

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park to have a gate or other device at the entrance and exit in

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order for such golf carts or electric vehicles to be lawfully

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operated in the park.

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     (4) Notwithstanding any other provision of this section, if

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authorized by the Division of Recreation and Parks of the

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Department of Environmental Protection, a golf cart may be

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operated on a road that is part of the State Park Road System if

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the posted speed limit is 35 miles per hour or less.

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     (5)(4) A golf cart may be operated only during the hours

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between sunrise and sunset, unless the responsible governmental

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entity has determined that a golf cart may be operated during the

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hours between sunset and sunrise and the golf cart is equipped

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with headlights, brake lights, turn signals, and a windshield.

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     (6)(5) A golf cart must be equipped with efficient brakes,

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reliable steering apparatus, safe tires, a rearview mirror, and

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red reflectorized warning devices in both the front and rear.

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     (7)(6) A golf cart may not be operated on public roads or

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streets by any person under the age of 14.

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     (8)(7) A local governmental entity may enact an ordinance

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regarding golf cart operation and equipment which is more

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restrictive than those enumerated in this section. Upon enactment

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of any such ordinance, the local governmental entity shall post

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appropriate signs or otherwise inform the residents that such an

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ordinance exists and that it will shall be enforced within the

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local government's jurisdictional territory. An ordinance

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referred to in this section must apply only to an unlicensed

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driver.

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     (9)(8) A violation of this section is a noncriminal traffic

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infraction, punishable pursuant to chapter 318 as a moving

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violation for infractions of subsections (1)-(5) subsection (1),

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subsection (2), subsection (3), subsection (4), or a local

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ordinance corresponding thereto and enacted pursuant to

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subsection (8) (7), or punishable pursuant to chapter 318 as a

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nonmoving violation for infractions of subsection (6) (5),

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subsection (7) (6), or a local ordinance corresponding thereto

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and enacted pursuant to subsection (8) (7).

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     Section 4.  Subsection (1) of section 316.2125, Florida

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Statutes, is amended to read:

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     316.2125  Operation of golf carts within a retirement

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community.--

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     (1)  Notwithstanding the provisions of s. 316.212, the

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reasonable operation of a golf cart, equipped and operated as

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provided in s. 316.212(4), (5), and (6), and (7), within any

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self-contained retirement community is permitted unless

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prohibited under subsection (2).

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     Section 5.  Section 316.2126, Florida Statutes, is amended

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to read:

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     316.2126  Use of golf carts and utility vehicles by

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municipalities and the Division of Recreation and Parks of the

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Department of Environmental Protection.--In addition to the

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powers granted by ss. 316.212 and 316.2125, municipalities and

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the Division of Recreation and Parks of the Department of

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Environmental Protection are hereby authorized to operate utilize

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golf carts and utility vehicles, as defined in s. 320.01, upon

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any state, county, or municipal roads located within the

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corporate limits of such municipalities or the boundaries of

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state parks managed by the Division of Recreation and Parks,

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subject to the following conditions:

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     (1)  Golf carts and utility vehicles must comply with the

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operational and safety requirements in ss. 316.212 and 316.2125,

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and with any more restrictive ordinances enacted by the local

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governmental entity pursuant to s. 316.212(8)(7), and shall only

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be operated only by municipal or division employees or state park

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volunteers for municipal or state park purposes, including, but

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not limited to, police patrol, traffic enforcement, and

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inspection of public facilities, and official state park duties.

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     (2) In addition to the safety equipment required under

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subsection (1) in s. 316.212(5) and any more restrictive safety

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equipment required by the local governmental entity pursuant to

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s. 316.212(7), such golf carts and utility vehicles must be

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equipped with sufficient lighting and turn signal equipment.

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     (3) Golf carts and utility vehicles may only be operated

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only on state roads that have a posted speed limit of 30 miles

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per hour or less.

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     (4) A municipal or division employee or a state park

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volunteer operating a golf cart or utility vehicle pursuant to

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this section must possess a valid driver's license as required by

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s. 322.03.

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     Section 6.  This act shall take effect July 1, 2008.