HB 261

1	A bill to be entitled
2	An act relating to state parks; amending s. 258.007,
3	F.S.; deleting a penalty for a rule violation; creating
4	s. 258.008, F.S.; creating penalties for the violation
5	of 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
10	certain circumstances; amending s. 316.2125, F.S.;
11	conforming a cross-reference; amending s. 316.2126,
12	F.S.; authorizing municipalities and the Division of
13	Recreation and Parks of the Department of Environmental
14	Protection to operate golf carts and utility vehicles on
15	public roads within municipal corporate limits or state
16	park boundaries for public purposes; conforming cross-
17	references; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Subsection (2) of section 258.007, Florida
22	Statutes, is amended to read:
23	258.007  Powers of division.--
24	(2)  The division has authority to adopt rules pursuant
25	to ss. 120.536(1) and 120.54 to implement provisions of law
26	conferring duties on it, and authority to impose penalties as
27	provided in s. 258.008 for the violation of any rule
28	authorized by this section shall be a misdemeanor and
29	punishable accordingly.
30	Section 2.  Section 258.008, Florida Statutes, is created
31	to read:
32	258.008  Prohibited activities; penalties.--
33	(1)  Except as provided in subsection (3), any person who
34	violates or otherwise fails to comply with the rules adopted
35	under this chapter commits a noncriminal infraction for which
36	ejection from all property managed by the Division of
37	Recreation and Parks and a fine of up to $500 may be imposed
38	by the division. Fines paid under this subsection shall be
39	paid to the Department of Environmental Protection and
40	deposited in the State Park Trust Fund.
41	(2)  In addition to penalties imposed under subsection
42	(1), any person who fails to sign a citation given under
43	subsection (1), fails to appear in court in response to such
44	citation, or fails to comply with the court's order commits a
45	misdemeanor of the second degree, punishable as provided in s.
46	775.082 or s. 775.083.
47	(3)  Any person who engages in any of the following
48	activities within the boundaries of a state park without first
49	obtaining the express permission of the Division of Recreation
50	and Parks commits a misdemeanor of the second degree,
51	punishable as provided in s. 775.082 or s. 775.083, and shall
52	be ejected from all property managed by the division:
53	(a)  Cutting, carving, injuring, mutilating, moving,
54	displacing, or breaking off any water-bottom formation or
55	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.
59	(e)  Hunting.
60	Section 3.  Section 316.212, Florida Statutes, is amended
61	to read:
62	316.212  Operation of golf carts on certain
63	roadways.--The operation of a golf cart upon the public roads
64	or streets of this state is prohibited except as provided
65	herein:
66	(1)  A golf cart may be operated only upon a county road
67	that has been designated by a county, or a municipal street
68	that has been designated by a municipality, for use by golf
69	carts. Prior to making such a designation, the responsible
70	local governmental entity must first determine that golf carts
71	may safely travel on or cross the public road or street,
72	considering factors including the speed, volume, and character
73	of motor vehicle traffic using the road or street. Upon a
74	determination that golf carts may be safely operated on a
75	designated road or street, the responsible governmental entity
76	shall post appropriate signs to indicate that such operation
77	is allowed.
78	(2)  A golf cart may be operated on a part of the State
79	Highway System only under the following conditions:
80	(a)  To cross a portion of the State Highway System which
81	intersects a county road or municipal street that has been
82	designated for use by golf carts if the Department of
83	Transportation has reviewed and approved the location and
84	design of the crossing and any traffic control devices needed
85	for safety purposes.
86	(b)  To cross, at midblock, a part of the State Highway
87	System where a golf course is constructed on both sides of the
88	highway if the Department of Transportation has reviewed and
89	approved the location and design of the crossing and any
90	traffic control devices needed for safety purposes.
91	(c)  A golf cart may be operated on a state road that has
92	been designated for transfer to a local government unit
93	pursuant to s. 335.0415 if the Department of Transportation
94	determines that the operation of a golf cart within the right-
95	of-way of the road will not impede the safe and efficient flow
96	of motor vehicular traffic. The department may authorize the
97	operation of golf carts on such a road if:
98	1.  The road is the only available public road along
99	which golf carts may travel or cross or the road provides the
100	safest travel route among alternative routes available; and
101	2.  The speed, volume, and character of motor vehicular
102	traffic using the road is considered in making such a
103	determination.
104
105	Upon its determination that golf carts may be operated on a
106	given road, the department shall post appropriate signs on the
107	road to indicate that such operation is allowed.
108	(3)  Notwithstanding any other provision of this section
109	to the contrary notwithstanding, a golf cart may be operated
110	for the purpose of crossing a street or highway where a single
111	mobile home park is located on both sides of the street or
112	highway and is divided by that street or highway, provided
113	that the governmental entity having original jurisdiction over
114	such street or highway shall review and approve the location
115	of the crossing and require implementation of any traffic
116	controls needed for safety purposes. This subsection shall
117	apply only to residents or guests of the mobile home park. Any
118	other provision of law to the contrary notwithstanding, If
119	notice is posted at the entrance and exit of to any mobile
120	home park where that residents of the park operate utilize
121	golf carts or electric vehicles within the confines of the
122	park, it is shall not be necessary for that the park to have a
123	gate or other device at the entrance and exit in order for
124	such golf carts or electric vehicles to be lawfully operated
125	in the park.
126	(4)  Notwithstanding any other provision of this section,
127	if authorized by the Division of Recreation and Parks of the
128	Department of Environmental Protection, a golf cart may be
129	operated on a road that is part of the State Park Road System
130	if the posted speed limit is 35 miles per hour or less.
131	(5)(4)  A golf cart may be operated only during the hours
132	between sunrise and sunset, unless the responsible
133	governmental entity has determined that a golf cart may be
134	operated during the hours between sunset and sunrise and the
135	golf cart is equipped with headlights, brake lights, turn
136	signals, and a windshield.
137	(6)(5)  A golf cart must be equipped with efficient
138	brakes, reliable steering apparatus, safe tires, a rearview
139	mirror, and red reflectorized warning devices in both the
140	front and rear.
141	(7)(6)  A golf cart may not be operated on public roads
142	or streets by any person under the age of 14.
143	(8)(7)  A local governmental entity may enact an
144	ordinance regarding golf cart operation and equipment which is
145	more restrictive than those enumerated in this section. Upon
146	enactment of any such ordinance, the local governmental entity
147	shall post appropriate signs or otherwise inform the residents
148	that such an ordinance exists and that it will shall be
149	enforced within the local government's jurisdictional
150	territory. An ordinance referred to in this section must apply
151	only to an unlicensed driver.
152	(9)(8)  A violation of this section is a noncriminal
153	traffic infraction, punishable pursuant to chapter 318 as a
154	moving violation for infractions of subsections (1)-(5)
155	subsection (1), subsection (2), subsection (3), subsection
156	(4), or a local ordinance corresponding thereto and enacted
157	pursuant to subsection (8) (7), or punishable pursuant to
158	chapter 318 as a nonmoving violation for infractions of
159	subsection (6) (5), subsection (7) (6), or a local ordinance
160	corresponding thereto and enacted pursuant to subsection (8)
161	(7).
162	Section 4.  Subsection (1) of section 316.2125, Florida
163	Statutes, is amended to read:
164	316.2125  Operation of golf carts within a retirement
165	community.--
166	(1)  Notwithstanding the provisions of s. 316.212, the
167	reasonable operation of a golf cart, equipped and operated as
168	provided in s. 316.212(4), (5), and (6), and (7), within any
169	self-contained retirement community is permitted unless
170	prohibited under subsection (2).
171	Section 5.  Section 316.2126, Florida Statutes, is
172	amended to read:
173	316.2126  Use of golf carts and utility vehicles by
174	municipalities and the Division of Recreation and Parks of the
175	Department of Environmental Protection.--In addition to the
176	powers granted by ss. 316.212 and 316.2125, municipalities and
177	the Division of Recreation and Parks of the Department of
178	Environmental Protection are hereby authorized to operate
179	utilize golf carts and utility vehicles, as defined in s.
180	320.01, upon any state, county, or municipal roads located
181	within the corporate limits of such municipalities or the
182	boundaries of state parks managed by the Division of
183	Recreation and Parks, subject to the following conditions:
184	(1)  Golf carts and utility vehicles must comply with the
185	operational and safety requirements in ss. 316.212 and
186	316.2125, and with any more restrictive ordinances enacted by
187	the local governmental entity pursuant to s. 316.212(8)(7),
188	and shall only be operated only by municipal or division
189	employees or state park volunteers for municipal or state park
190	purposes, including, but not limited to, police patrol,
191	traffic enforcement, and inspection of public facilities, and
192	official state park duties.
193	(2)  In addition to the safety equipment required under
194	subsection (1) in s. 316.212(5) and any more restrictive
195	safety equipment required by the local governmental entity
196	pursuant to s. 316.212(7), such golf carts and utility
197	vehicles must be equipped with sufficient lighting and turn
198	signal equipment.
199	(3)  Golf carts and utility vehicles may only be operated
200	only on state roads that have a posted speed limit of 30 miles
201	per hour or less.
202	(4)  A municipal or division employee or a state park
203	volunteer operating a golf cart or utility vehicle pursuant to
204	this section must possess a valid driver's license as required
205	by s. 322.03.
206	Section 6.  This act shall take effect July 1, 2008.

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