Florida Statute 161.58 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 161
BEACH AND SHORE PRESERVATION

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F.S. 161.58

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, 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.

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Amendments to 161.58

Arrestable Offenses / Crimes under Fla. Stat. 161.58

Level: Degree
Misdemeanor/Felony: First/Second/Third

S161.58 - CONSERVATION-ENVIRONMENT - DRIVING ON DUNES OR VEGETATION ON BEACH - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 161.58

Total Results: 8

Loggerhead Turtle v. Volusia County Council

896 F. Supp. 1170, 1995 WL 505466

District Court, M.D. Florida | Filed: Aug 1, 1995 | Docket: 2517322

Cited 36 times | Published

the County's coastal beaches. See Fla.Stat.Ann. § 161.58 (West 1990). Volusia County permits vehicles to

City of Daytona Beach Shores v. State

483 So. 2d 405, 10 Fla. L. Weekly 629

Supreme Court of Florida | Filed: Dec 12, 1985 | Docket: 455866

Cited 5 times | Published

Legislature addressed that issue. Newly enacted section 161.58(2), Florida Statutes (1985), contained in chapter

City of New Smyrna Beach v. BD. OF TRUSTEES, INTERNAL IMP. TR. F.

543 So. 2d 824, 1989 WL 48101

District Court of Appeal of Florida | Filed: May 11, 1989 | Docket: 1437301

Cited 4 times | Published

Protection Act of 1985. The provision designated as section 161.58(2) prohibited vehicular traffic on the beach

City of Treasure Island v. Tahitian Treasure Island, LLC

253 So. 3d 649

District Court of Appeal of Florida | Filed: Oct 27, 2017 | Docket: 6181369

Published

festivals and public events in violation of section 161.58(2), Florida Statutes (2014), which prohibits

Amanda Pope and Anastasia, Inc. v. Daniel and Donna Grace

151 So. 3d 523

District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2593255

Published

requirements of [the] Department pursuant to Section 161.058(11), Florida Statutes.” DEP later issued an

Ago

Florida Attorney General Reports | Filed: Jul 10, 1996 | Docket: 3256724

Published

vehicular traffic on coastal beaches pursuant to section 161.58(2), Florida Statutes, will the authorization

Amelia Island Co. v. Nassau County

585 So. 2d 1061, 1991 Fla. App. LEXIS 8619, 1991 WL 173033

District Court of Appeal of Florida | Filed: Sep 4, 1991 | Docket: 64661578

Published

traffic is invalid because it conflicts with section 161.58, Florida Statutes (1989), which prohibits such

City of New Smyrna Beach v. County of Volusia

518 So. 2d 1379, 13 Fla. L. Weekly 309, 1988 Fla. App. LEXIS 306, 1988 WL 4394

District Court of Appeal of Florida | Filed: Jan 28, 1988 | Docket: 64632153

Published

s. 775.083, or s. 775.084. [Footnote omitted], § 161.58(2), Fla.Stat. (1985). See also City of Daytona