161.58
Vehicular traffic on coastal beaches.
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161.58 Vehicular traffic on coastal beaches.—
(1) Vehicular traffic, except that which is necessary for cleanup, repair, or public safety, and except for traffic upon authorized local or state dune crossovers, is prohibited on the dunes or native stabilizing vegetation of the dune system of coastal beaches. Except as otherwise provided in this section, any person driving any vehicle on, over, or across any dune or native stabilizing vegetation of the dune system shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) Vehicular traffic, except that which is necessary for cleanup, repair, or public safety; for removal of rental equipment using off-highway vehicles as defined in s. 317.0003, as authorized by the governing body having jurisdiction of the coastal property through formal agreement; or for the purpose of maintaining existing licensed and permitted traditional commercial fishing activities or existing authorized public accessways, is prohibited on coastal beaches except where a local government with jurisdiction over a coastal beach or portions of a coastal beach has:
(a) Authorized such traffic, by at least a three-fifths vote of its governing body, on all or portions of the beaches under its jurisdiction prior to the effective date of this act; and
(b) Determined, by October 1, 1989, in accordance with the rules of the department, that less than 50 percent of the peak user demand for off-beach parking is available. However, the requirements and department rulemaking authority provided in this paragraph shall not apply to counties that have adopted, prior to January 1, 1988, unified countywide beach regulations pursuant to a county home rule charter.
(3) A local government authorizing such vehicular traffic on all or portions of its beaches pursuant to subsection (2) may later prohibit, by a vote of at least three-fifths of its governing body, such vehicular traffic on all or portions of the beaches under its jurisdiction. Any such local government shall be authorized by a three-fifths vote of its governing body to charge a reasonable fee for vehicular traffic access. The revenues from any such fees shall be used only for beach maintenance; beach-related traffic management and parking; beach-related law enforcement and liability insurance; or beach-related sanitation, lifeguard, or other staff purposes. Except where authorized by the local government, any person driving any vehicle on, over, or across the beach shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 36, ch. 85-55; s. 5, ch. 86-191; s. 23, ch. 87-224; s. 2, ch. 88-106; s. 2, ch. 89-249; s. 1, ch. 2025-149.
Notes of Decisions
Cited in 6
cases, 1985–2017 · leading case: City of Treasure Island v. Tahitian Treasure Island, LLC
City of Treasure Island v. Tahitian Treasure Island, LLC (2017)
“It entered a judgment that declared "that the City's activities of hosting and allowing vehicular parking and driving on Treasure Island Beach are in violation of Fla. Stat. § 161.58 " and that the City Ordinance "is null and void to the extent that it conflicts with Fla.”
City of New Smyrna Beach v. BD. OF TRUSTEES, INTERNAL IMP. TR. F. (1989)
“" The parties stipulated to a continuance while the City passed new ordinances enacted with reference to section 161.58. The Legislature later amended this section to allow for beach toll revenue to be used for certain "beach related expenditures" in addition to "beach…”
City of Daytona Beach Shores v. State (1985)
“Accordingly, we remand these cases to the district court with directions to remand to the trial courts to determine if (1) the beach access fees are reasonable and (2) the ordinances otherwise comply with the provisions of section 161.58, Florida Statutes, which became effective…”
Loggerhead Turtle v. Volusia County Council (1995)
“See Fla.Stat.Ann. § 161.58 (West 1990). Volusia County permits vehicles to drive on its beaches, and through its Beach Code the County regulates the time and circumstances under which vehicles are permitted on the beach.”
City of New Smyrna Beach v. County of Volusia (1988)
“[Footnote omitted], § 161.58(2), Fla.Stat. (1985). See also City of Daytona Beach Shores v.”
Amelia Island Co. v. Nassau County (1991)
“See § 161.58, Fla.Stat. (1989). The Nassau County Commission met on June 1, 1989, with representatives of appellants in attendance.”
— 161.58(1) — 1 case
City of Treasure Island v. Tahitian Treasure Island, LLC (2017)
“It entered a judgment that declared "that the City's activities of hosting and allowing vehicular parking and driving on Treasure Island Beach are in violation of Fla. Stat. § 161.58 " and that the City Ordinance "is null and void to the extent that it conflicts with Fla.”
— 161.58(2) — 4 cases
City of Treasure Island v. Tahitian Treasure Island, LLC (2017)
“It entered a judgment that declared "that the City's activities of hosting and allowing vehicular parking and driving on Treasure Island Beach are in violation of Fla. Stat. § 161.58 " and that the City Ordinance "is null and void to the extent that it conflicts with Fla.”
City of Daytona Beach Shores v. State (1985)
“Accordingly, we remand these cases to the district court with directions to remand to the trial courts to determine if (1) the beach access fees are reasonable and (2) the ordinances otherwise comply with the provisions of section 161.58, Florida Statutes, which became effective…”
City of New Smyrna Beach v. County of Volusia (1988)
“[Footnote omitted], § 161.58(2), Fla.Stat. (1985). See also City of Daytona Beach Shores v.”
City of New Smyrna Beach v. BD. OF TRUSTEES, INTERNAL IMP. TR. F. (1989)
“" The parties stipulated to a continuance while the City passed new ordinances enacted with reference to section 161.58. The Legislature later amended this section to allow for beach toll revenue to be used for certain "beach related expenditures" in addition to "beach…”
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