CS/HB 261

1
A bill to be entitled
2An act relating to state parks; amending s. 258.007, F.S.;
3deleting a penalty for a rule violation; creating s.
4258.008, F.S.; creating penalties for the violation of
5rules adopted under ch. 258, F.S., and for specified
6activities within the boundaries of a state park;
7providing for fines to be deposited into the State Park
8Trust Fund; amending s. 316.212, F.S.; authorizing the
9operation of a golf cart within a state park under certain
10circumstances; amending s. 316.2125, F.S.; conforming a
11cross-reference; amending s. 316.2126, F.S.; authorizing
12state employees, state park volunteers, and state park
13visitors to operate golf carts and utility vehicles on
14public roads within state park boundaries for certain
15purposes subject to specified conditions; conforming
16cross-references; requiring anyone operating a golf cart
17or utility vehicle pursuant to the section to possess a
18valid driver's license; providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Subsection (2) of section 258.007, Florida
23Statutes, is amended to read:
24     258.007  Powers of division.--
25     (2)  The division has authority to adopt rules pursuant to
26ss. 120.536(1) and 120.54 to implement provisions of law
27conferring duties on it, and authority to impose penalties as
28provided in s. 258.008 for the violation of any rule authorized
29by this section shall be a misdemeanor and punishable
30accordingly.
31     Section 2.  Section 258.008, Florida Statutes, is created
32to read:
33     258.008  Prohibited activities; penalties.--
34     (1)  Except as provided in subsection (3), any person who
35violates or otherwise fails to comply with the rules adopted
36under this chapter commits a noncriminal infraction for which
37ejection from all property managed by the Division of Recreation
38and Parks and a fine of up to $500 may be imposed by the
39division. Fines paid under this subsection shall be paid to the
40Department of Environmental Protection and deposited in the
41State Park Trust Fund.
42     (2)  In addition to penalties imposed under subsection (1),
43any person who fails to sign a citation given under subsection
44(1), fails to appear in court in response to such citation, or
45fails to comply with the court's order commits a misdemeanor of
46the second degree, punishable as provided in s. 775.082 or s.
47775.083.
48     (3)  Any person who engages in any of the following
49activities within the boundaries of a state park without first
50obtaining the express permission of the Division of Recreation
51and Parks commits a misdemeanor of the second degree, punishable
52as provided in s. 775.082 or s. 775.083, and shall be ejected
53from all property managed by the division:
54     (a)  Cutting, carving, injuring, mutilating, moving,
55displacing, 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
61to read:
62     316.212  Operation of golf carts on certain roadways.--The
63operation of a golf cart upon the public roads or streets of
64this state is prohibited except as provided herein:
65     (1)  A golf cart may be operated only upon a county road
66that has been designated by a county, or a municipal street that
67has been designated by a municipality, for use by golf carts.
68Prior to making such a designation, the responsible local
69governmental entity must first determine that golf carts may
70safely travel on or cross the public road or street, considering
71factors including the speed, volume, and character of motor
72vehicle traffic using the road or street. Upon a determination
73that golf carts may be safely operated on a designated road or
74street, the responsible governmental entity shall post
75appropriate signs to indicate that such operation is allowed.
76     (2)  A golf cart may be operated on a part of the State
77Highway System only under the following conditions:
78     (a)  To cross a portion of the State Highway System which
79intersects a county road or municipal street that has been
80designated for use by golf carts if the Department of
81Transportation has reviewed and approved the location and design
82of the crossing and any traffic control devices needed for
83safety purposes.
84     (b)  To cross, at midblock, a part of the State Highway
85System where a golf course is constructed on both sides of the
86highway if the Department of Transportation has reviewed and
87approved the location and design of the crossing and any traffic
88control devices needed for safety purposes.
89     (c)  A golf cart may be operated on a state road that has
90been designated for transfer to a local government unit pursuant
91to s. 335.0415 if the Department of Transportation determines
92that the operation of a golf cart within the right-of-way of the
93road will not impede the safe and efficient flow of motor
94vehicular traffic. The department may authorize the operation of
95golf carts on such a road if:
96     1.  The road is the only available public road along which
97golf carts may travel or cross or the road provides the safest
98travel route among alternative routes available; and
99     2.  The speed, volume, and character of motor vehicular
100traffic using the road is considered in making such a
101determination.
102
103Upon its determination that golf carts may be operated on a
104given road, the department shall post appropriate signs on the
105road to indicate that such operation is allowed.
106     (3)  Notwithstanding any other provision of this section to
107the contrary notwithstanding, a golf cart may be operated for
108the purpose of crossing a street or highway where a single
109mobile home park is located on both sides of the street or
110highway and is divided by that street or highway, provided that
111the governmental entity having original jurisdiction over such
112street or highway shall review and approve the location of the
113crossing and require implementation of any traffic controls
114needed for safety purposes. This subsection shall apply only to
115residents or guests of the mobile home park. Any other provision
116of law to the contrary notwithstanding, If notice is posted at
117the entrance and exit of to any mobile home park where that
118residents of the park operate utilize golf carts or electric
119vehicles within the confines of the park, it is shall not be
120necessary for that the park to have a gate or other device at
121the entrance and exit in order for such golf carts or electric
122vehicles to be lawfully operated in the park.
123     (4)  Notwithstanding any other provision of this section,
124if authorized by the Division of Recreation and Parks of the
125Department of Environmental Protection, a golf cart may be
126operated on a road that is part of the State Park Road System if
127the posted speed limit is 35 miles per hour or less.
128     (5)(4)  A golf cart may be operated only during the hours
129between sunrise and sunset, unless the responsible governmental
130entity has determined that a golf cart may be operated during
131the hours between sunset and sunrise and the golf cart is
132equipped with headlights, brake lights, turn signals, and a
133windshield.
134     (6)(5)  A golf cart must be equipped with efficient brakes,
135reliable steering apparatus, safe tires, a rearview mirror, and
136red reflectorized warning devices in both the front and rear.
137     (7)(6)  A golf cart may not be operated on public roads or
138streets by any person under the age of 14.
139     (8)(7)  A local governmental entity may enact an ordinance
140regarding golf cart operation and equipment which is more
141restrictive than those enumerated in this section. Upon
142enactment of any such ordinance, the local governmental entity
143shall post appropriate signs or otherwise inform the residents
144that such an ordinance exists and that it will shall be enforced
145within the local government's jurisdictional territory. An
146ordinance referred to in this section must apply only to an
147unlicensed driver.
148     (9)(8)  A violation of this section is a noncriminal
149traffic infraction, punishable pursuant to chapter 318 as a
150moving violation for infractions of subsections (1)-(5)
151subsection (1), subsection (2), subsection (3), subsection (4),
152or a local ordinance corresponding thereto and enacted pursuant
153to subsection (8) (7), or punishable pursuant to chapter 318 as
154a nonmoving violation for infractions of subsection (6) (5),
155subsection (7) (6), or a local ordinance corresponding thereto
156and enacted pursuant to subsection (8) (7).
157     Section 4.  Subsection (1) of section 316.2125, Florida
158Statutes, is amended to read:
159     316.2125  Operation of golf carts within a retirement
160community.--
161     (1)  Notwithstanding the provisions of s. 316.212, the
162reasonable operation of a golf cart, equipped and operated as
163provided in s. 316.212(4), (5), and (6), and (7), within any
164self-contained retirement community is permitted unless
165prohibited under subsection (2).
166     Section 5.  Section 316.2126, Florida Statutes, is amended
167to read:
168     316.2126  Use of golf carts and utility vehicles by
169municipalities, state employees, state park volunteers, and
170state park visitors.--
171     (1)  In addition to the powers granted by ss. 316.212 and
172316.2125, municipalities are hereby authorized to utilize golf
173carts and utility vehicles, as defined in s. 320.01, upon any
174state, county, or municipal roads located within the corporate
175limits of such municipalities, subject to the following
176conditions:
177     (a)(1)  Golf carts and utility vehicles must comply with
178the operational and safety requirements in ss. 316.212 and
179316.2125, and with any more restrictive ordinances enacted by
180the local governmental entity pursuant to s. 316.212(8)(7), and
181shall only be operated by municipal employees for municipal
182purposes, including, but not limited to, police patrol, traffic
183enforcement, and inspection of public facilities.
184     (b)(2)  In addition to the safety equipment required in s.
185316.212(6)(5) and any more restrictive safety equipment required
186by the local governmental entity pursuant to s. 316.212(8)(7),
187such golf carts and utility vehicles must be equipped with
188sufficient lighting and turn signal equipment.
189     (c)(3)  Golf carts and utility vehicles may only be
190operated on state roads that have a posted speed limit of 30
191miles per hour or less.
192     (2)  State employees, state park volunteers, and state park
193visitors are authorized to utilize golf carts and utility
194vehicles, as defined in s. 320.01, upon any public roads within
195the boundaries of state parks managed by the Division of
196Recreation and Parks of the Department of Environmental
197Protection, subject to the following conditions:
198     (a)  Golf carts and utility vehicles must comply with the
199operational and safety requirements in s. 316.212.
200     (b)  Golf carts and utility vehicles shall only be operated
201by state employees and state park volunteers for state purposes
202and by state park visitors for uses authorized by the Division
203of Recreation and Parks of the Department of Environmental
204Protection.
205     (3)(4)  Anyone A municipal employee operating a golf cart
206or utility vehicle pursuant to this section must possess a valid
207driver's license as required by s. 322.03.
208     Section 6.  This act shall take effect July 1, 2008.


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