Florida Senate - 2008 CS for SB 192

By the Committee on Environmental Preservation and Conservation; and Senator Baker

592-04551-08 2008192c1

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

9

operation of a golf cart within a state park under certain

10

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

11

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

12

state employees, state park volunteers, and state park

13

visitors to operate golf carts and utility vehicles on

14

public roads within state park boundaries for certain

15

purposes subject to specified conditions; conforming

16

cross-references; providing an effective date.

17

18

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

19

20

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

21

Statutes, is amended to read:

22

     258.007  Powers of division.--

23

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

24

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

25

conferring duties on it, and authority to impose penalties as

26

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

27

by this section shall be a misdemeanor and punishable

28

accordingly.

29

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

30

read:

31

     258.008 Prohibited activities; penalties.--

32

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

33

violates or otherwise fails to comply with the rules adopted

34

under this chapter commits a noncriminal infraction for which

35

ejection from all property managed by the Division of Recreation

36

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

37

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

38

Department of Environmental Protection and deposited in the State

39

Park Trust Fund.

40

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

41

any person who fails to sign a citation given under subsection

42

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

43

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

44

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

45

775.083.

46

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

47

activities within the boundaries of a state park without first

48

obtaining the express permission of the Division of Recreation

49

and Parks commits a misdemeanor of the second degree, punishable

50

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

51

from all property managed by the division:

52

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

53

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

54

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

55

     (c) Collecting plant or animal specimens.

56

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

57

     (e) Hunting.

58

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

59

read:

60

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

61

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

62

state is prohibited except as provided herein:

63

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

64

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

65

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

66

Prior to making such a designation, the responsible local

67

governmental entity must first determine that golf carts may

68

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

69

factors including the speed, volume, and character of motor

70

vehicle traffic using the road or street. Upon a determination

71

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

72

street, the responsible governmental entity shall post

73

appropriate signs to indicate that such operation is allowed.

74

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

75

Highway System only under the following conditions:

76

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

77

intersects a county road or municipal street that has been

78

designated for use by golf carts if the Department of

79

Transportation has reviewed and approved the location and design

80

of the crossing and any traffic control devices needed for safety

81

purposes.

82

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

83

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

84

highway if the Department of Transportation has reviewed and

85

approved the location and design of the crossing and any traffic

86

control devices needed for safety purposes.

87

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

88

been designated for transfer to a local government unit pursuant

89

to s. 335.0415 if the Department of Transportation determines

90

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

91

road will not impede the safe and efficient flow of motor

92

vehicular traffic. The department may authorize the operation of

93

golf carts on such a road if:

94

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

95

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

96

travel route among alternative routes available; and

97

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

98

traffic using the road is considered in making such a

99

determination.

100

101

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

102

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

103

indicate that such operation is allowed.

104

     (3) Notwithstanding any other provision of this section to

105

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

106

purpose of crossing a street or highway where a single mobile

107

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

108

is divided by that street or highway, provided that the

109

governmental entity having original jurisdiction over such street

110

or highway shall review and approve the location of the crossing

111

and require implementation of any traffic controls needed for

112

safety purposes. This subsection shall apply only to residents or

113

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

114

contrary notwithstanding, If notice is posted at the entrance and

115

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

116

operate utilize golf carts or electric vehicles within the

117

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

118

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

119

order for such golf carts or electric vehicles to be lawfully

120

operated in the park.

121

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

122

authorized by the Division of Recreation and Parks of the

123

Department of Environmental Protection, a golf cart may be

124

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

125

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

126

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

127

between sunrise and sunset, unless the responsible governmental

128

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

129

hours between sunset and sunrise and the golf cart is equipped

130

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

131

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

132

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

133

red reflectorized warning devices in both the front and rear.

134

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

135

streets by any person under the age of 14.

136

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

137

regarding golf cart operation and equipment which is more

138

restrictive than those enumerated in this section. Upon enactment

139

of any such ordinance, the local governmental entity shall post

140

appropriate signs or otherwise inform the residents that such an

141

ordinance exists and that it will shall be enforced within the

142

local government's jurisdictional territory. An ordinance

143

referred to in this section must apply only to an unlicensed

144

driver.

145

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

146

infraction, punishable pursuant to chapter 318 as a moving

147

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

148

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

149

ordinance corresponding thereto and enacted pursuant to

150

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

151

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

152

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

153

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

154

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

155

Statutes, is amended to read:

156

     316.2125  Operation of golf carts within a retirement

157

community.--

158

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

159

reasonable operation of a golf cart, equipped and operated as

160

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

161

self-contained retirement community is permitted unless

162

prohibited under subsection (2).

163

     Section 5.  Section 316.2126, Florida Statutes, is amended

164

to read:

165

     316.2126  Use of golf carts and utility vehicles by

166

municipalities and state employees, state park volunteers, and

167

state park visitors.--

168

     (1) In addition to the powers granted by ss. 316.212 and

169

316.2125, municipalities are hereby authorized to utilize golf

170

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

171

state, county, or municipal roads located within the corporate

172

limits of such municipalities, subject to the following

173

conditions:

174

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

175

operational and safety requirements in ss. 316.212 and 316.2125,

176

and with any more restrictive ordinances enacted by the local

177

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

178

shall only be operated only by municipal employees for municipal

179

purposes, including, but not limited to, police patrol, traffic

180

enforcement, and inspection of public facilities.

181

     (b)(2) In addition to the safety equipment required in s.

182

316.212(6) s. 316.212(5) and any more restrictive safety

183

equipment required by the local governmental entity pursuant to

184

s. 316.212(8) s. 316.212(7), such golf carts and utility vehicles

185

must be equipped with sufficient lighting and turn signal

186

equipment.

187

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

188

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

189

per hour or less.

190

     (2) State employees, state park volunteers, and state park

191

visitors are authorized to use golf carts and utility vehicles,

192

as defined in s. 320.01, upon any public roads within the

193

boundaries of state parks managed by the Division of Recreation

194

and Parks of the Department of Environmental Protection, subject

195

to the following conditions:

196

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

197

operational and safety requirements in s. 316.212.

198

     (b) Golf carts and utility vehicles shall be operated only

199

by state employees and state park volunteers for state purposes

200

and by state park visitors for uses authorized by the Division of

201

Recreation and Parks of the Department of Environmental

202

protection.

203

     (3)(4) Anyone A municipal employee operating a golf cart or

204

utility vehicle pursuant to this section must possess a valid

205

driver's license as required by s. 322.03.

206

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

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