Florida Senate - 2008 CS for SB 192
By the Committee on Environmental Preservation and Conservation; and Senator Baker
592-04551-08 2008192c1
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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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state employees, state park volunteers, and state park
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visitors to operate golf carts and utility vehicles on
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public roads within state park boundaries for certain
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purposes subject to specified conditions; conforming
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cross-references; providing an 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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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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(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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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 state employees, state park volunteers, and
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state park visitors.--
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(1) In addition to the powers granted by ss. 316.212 and
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316.2125, municipalities are hereby authorized to utilize golf
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carts and utility vehicles, as defined in s. 320.01, upon any
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state, county, or municipal roads located within the corporate
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limits of such municipalities, subject to the following
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conditions:
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(a)(1) Golf carts and utility vehicles must comply with the
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and with any more restrictive ordinances enacted by the local
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shall only be operated only by municipal employees for municipal
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purposes, including, but not limited to, police patrol, traffic
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enforcement, and inspection of public facilities.
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(b)(2) In addition to the safety equipment required in s.
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equipment required by the local governmental entity pursuant to
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must be equipped with sufficient lighting and turn signal
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equipment.
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(c)(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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(2) State employees, state park volunteers, and state park
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visitors are authorized to use golf carts and utility vehicles,
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as defined in s. 320.01, upon any public roads within the
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boundaries of state parks managed by the Division of Recreation
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and Parks of the Department of Environmental Protection, subject
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to the following conditions:
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(a) Golf carts and utility vehicles must comply with the
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operational and safety requirements in s. 316.212.
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(b) Golf carts and utility vehicles shall be operated only
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by state employees and state park volunteers for state purposes
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and by state park visitors for uses authorized by the Division of
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Recreation and Parks of the Department of Environmental
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protection.
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(3)(4) Anyone A municipal employee operating a golf cart or
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utility vehicle pursuant to this section must possess a valid
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driver's license as required by s. 322.03.
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Section 6. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.