| 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; requiring anyone operating a golf cart |
| 17 | or utility vehicle pursuant to the section to possess a |
| 18 | valid driver's license; providing an effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Subsection (2) of section 258.007, Florida |
| 23 | Statutes, is amended to read: |
| 24 | 258.007 Powers of division.-- |
| 25 | (2) The division has authority to adopt rules pursuant to |
| 26 | ss. 120.536(1) and 120.54 to implement provisions of law |
| 27 | conferring duties on it, and authority to impose penalties as |
| 28 | provided in s. 258.008 for the violation of any rule authorized |
| 29 | by this section shall be a misdemeanor and punishable |
| 30 | 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. |
| 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 roadways.--The |
| 63 | operation of a golf cart upon the public roads or streets of |
| 64 | this state is prohibited except as provided herein: |
| 65 | (1) A golf cart may be operated only upon a county road |
| 66 | that has been designated by a county, or a municipal street that |
| 67 | has been designated by a municipality, for use by golf carts. |
| 68 | Prior to making such a designation, the responsible local |
| 69 | governmental entity must first determine that golf carts may |
| 70 | safely travel on or cross the public road or street, considering |
| 71 | factors including the speed, volume, and character of motor |
| 72 | vehicle traffic using the road or street. Upon a determination |
| 73 | that golf carts may be safely operated on a designated road or |
| 74 | street, the responsible governmental entity shall post |
| 75 | appropriate signs to indicate that such operation is allowed. |
| 76 | (2) A golf cart may be operated on a part of the State |
| 77 | Highway System only under the following conditions: |
| 78 | (a) To cross a portion of the State Highway System which |
| 79 | intersects a county road or municipal street that has been |
| 80 | designated for use by golf carts if the Department of |
| 81 | Transportation has reviewed and approved the location and design |
| 82 | of the crossing and any traffic control devices needed for |
| 83 | safety purposes. |
| 84 | (b) To cross, at midblock, a part of the State Highway |
| 85 | System where a golf course is constructed on both sides of the |
| 86 | highway if the Department of Transportation has reviewed and |
| 87 | approved the location and design of the crossing and any traffic |
| 88 | control devices needed for safety purposes. |
| 89 | (c) A golf cart may be operated on a state road that has |
| 90 | been designated for transfer to a local government unit pursuant |
| 91 | to s. 335.0415 if the Department of Transportation determines |
| 92 | that the operation of a golf cart within the right-of-way of the |
| 93 | road will not impede the safe and efficient flow of motor |
| 94 | vehicular traffic. The department may authorize the operation of |
| 95 | golf carts on such a road if: |
| 96 | 1. The road is the only available public road along which |
| 97 | golf carts may travel or cross or the road provides the safest |
| 98 | travel route among alternative routes available; and |
| 99 | 2. The speed, volume, and character of motor vehicular |
| 100 | traffic using the road is considered in making such a |
| 101 | determination. |
| 102 |
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| 103 | Upon its determination that golf carts may be operated on a |
| 104 | given road, the department shall post appropriate signs on the |
| 105 | road to indicate that such operation is allowed. |
| 106 | (3) Notwithstanding any other provision of this section to |
| 107 | the contrary notwithstanding, a golf cart may be operated for |
| 108 | the purpose of crossing a street or highway where a single |
| 109 | mobile home park is located on both sides of the street or |
| 110 | highway and is divided by that street or highway, provided that |
| 111 | the governmental entity having original jurisdiction over such |
| 112 | street or highway shall review and approve the location of the |
| 113 | crossing and require implementation of any traffic controls |
| 114 | needed for safety purposes. This subsection shall apply only to |
| 115 | residents or guests of the mobile home park. Any other provision |
| 116 | of law to the contrary notwithstanding, If notice is posted at |
| 117 | the entrance and exit of to any mobile home park where that |
| 118 | residents of the park operate utilize golf carts or electric |
| 119 | vehicles within the confines of the park, it is shall not be |
| 120 | necessary for that the park to have a gate or other device at |
| 121 | the entrance and exit in order for such golf carts or electric |
| 122 | vehicles to be lawfully operated in the park. |
| 123 | (4) Notwithstanding any other provision of this section, |
| 124 | if authorized by the Division of Recreation and Parks of the |
| 125 | Department of Environmental Protection, a golf cart may be |
| 126 | operated on a road that is part of the State Park Road System if |
| 127 | the posted speed limit is 35 miles per hour or less. |
| 128 | (5)(4) A golf cart may be operated only during the hours |
| 129 | between sunrise and sunset, unless the responsible governmental |
| 130 | entity has determined that a golf cart may be operated during |
| 131 | the hours between sunset and sunrise and the golf cart is |
| 132 | equipped with headlights, brake lights, turn signals, and a |
| 133 | windshield. |
| 134 | (6)(5) A golf cart must be equipped with efficient brakes, |
| 135 | reliable steering apparatus, safe tires, a rearview mirror, and |
| 136 | red reflectorized warning devices in both the front and rear. |
| 137 | (7)(6) A golf cart may not be operated on public roads or |
| 138 | streets by any person under the age of 14. |
| 139 | (8)(7) A local governmental entity may enact an ordinance |
| 140 | regarding golf cart operation and equipment which is more |
| 141 | restrictive than those enumerated in this section. Upon |
| 142 | enactment of any such ordinance, the local governmental entity |
| 143 | shall post appropriate signs or otherwise inform the residents |
| 144 | that such an ordinance exists and that it will shall be enforced |
| 145 | within the local government's jurisdictional territory. An |
| 146 | ordinance referred to in this section must apply only to an |
| 147 | unlicensed driver. |
| 148 | (9)(8) A violation of this section is a noncriminal |
| 149 | traffic infraction, punishable pursuant to chapter 318 as a |
| 150 | moving violation for infractions of subsections (1)-(5) |
| 151 | subsection (1), subsection (2), subsection (3), subsection (4), |
| 152 | or a local ordinance corresponding thereto and enacted pursuant |
| 153 | to subsection (8) (7), or punishable pursuant to chapter 318 as |
| 154 | a nonmoving violation for infractions of subsection (6) (5), |
| 155 | subsection (7) (6), or a local ordinance corresponding thereto |
| 156 | and enacted pursuant to subsection (8) (7). |
| 157 | Section 4. Subsection (1) of section 316.2125, Florida |
| 158 | Statutes, is amended to read: |
| 159 | 316.2125 Operation of golf carts within a retirement |
| 160 | community.-- |
| 161 | (1) Notwithstanding the provisions of s. 316.212, the |
| 162 | reasonable operation of a golf cart, equipped and operated as |
| 163 | provided in s. 316.212(4), (5), and (6), and (7), within any |
| 164 | self-contained retirement community is permitted unless |
| 165 | prohibited under subsection (2). |
| 166 | Section 5. Section 316.2126, Florida Statutes, is amended |
| 167 | to read: |
| 168 | 316.2126 Use of golf carts and utility vehicles by |
| 169 | municipalities, state employees, state park volunteers, and |
| 170 | state park visitors.-- |
| 171 | (1) In addition to the powers granted by ss. 316.212 and |
| 172 | 316.2125, municipalities are hereby authorized to utilize golf |
| 173 | carts and utility vehicles, as defined in s. 320.01, upon any |
| 174 | state, county, or municipal roads located within the corporate |
| 175 | limits of such municipalities, subject to the following |
| 176 | conditions: |
| 177 | (a)(1) Golf carts and utility vehicles must comply with |
| 178 | the operational and safety requirements in ss. 316.212 and |
| 179 | 316.2125, and with any more restrictive ordinances enacted by |
| 180 | the local governmental entity pursuant to s. 316.212(8)(7), and |
| 181 | shall only be operated by municipal employees for municipal |
| 182 | purposes, including, but not limited to, police patrol, traffic |
| 183 | enforcement, and inspection of public facilities. |
| 184 | (b)(2) In addition to the safety equipment required in s. |
| 185 | 316.212(6)(5) and any more restrictive safety equipment required |
| 186 | by the local governmental entity pursuant to s. 316.212(8)(7), |
| 187 | such golf carts and utility vehicles must be equipped with |
| 188 | sufficient lighting and turn signal equipment. |
| 189 | (c)(3) Golf carts and utility vehicles may only be |
| 190 | operated on state roads that have a posted speed limit of 30 |
| 191 | miles per hour or less. |
| 192 | (2) State employees, state park volunteers, and state park |
| 193 | visitors are authorized to utilize golf carts and utility |
| 194 | vehicles, as defined in s. 320.01, upon any public roads within |
| 195 | the boundaries of state parks managed by the Division of |
| 196 | Recreation and Parks of the Department of Environmental |
| 197 | Protection, subject to the following conditions: |
| 198 | (a) Golf carts and utility vehicles must comply with the |
| 199 | operational and safety requirements in s. 316.212. |
| 200 | (b) Golf carts and utility vehicles shall only be operated |
| 201 | by state employees and state park volunteers for state purposes |
| 202 | and by state park visitors for uses authorized by the Division |
| 203 | of Recreation and Parks of the Department of Environmental |
| 204 | Protection. |
| 205 | (3)(4) Anyone A municipal employee operating a golf cart |
| 206 | or utility vehicle pursuant to this section must possess a valid |
| 207 | driver's license as required by s. 322.03. |
| 208 | Section 6. This act shall take effect July 1, 2008. |