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Florida Statute 161.58 | Lawyer Caselaw & Research
F.S. 161.58 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 161.58

The 2023 Florida Statutes (including Special Session C)

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS
Chapter 161
BEACH AND SHORE PRESERVATION
View Entire Chapter
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.

F.S. 161.58 on Google Scholar

F.S. 161.58 on Casetext

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 from cite.case.law:

CITY OF TREASURE ISLAND, a v. TAHITIAN TREASURE ISLAND, LLC, a a LLC, a, 253 So. 3d 649 (Fla. App. Ct. 2017)

. . . parking on Treasure Island Beach in connection with festivals and public events in violation of section 161.58 . . . Stat. § 161.58" and that the City Ordinance "is null and void to the extent that it conflicts with Fla . . . Stat. § 161.58 and purports to allow vehicular parking and driving on Treasure Island Beach." . . . Part III also contains the provision at issue here- section 161.58. . . . The City, however, contends that the term "[v]ehicular traffic" as used in section 161.58 refers only . . .

In DREIER LLP, M. LLP, v. LLC,, 452 B.R. 391 (Bankr. S.D.N.Y. 2011)

. . . . & InstR. 161.58 (5th ed. 2011) (“To be held responsible for conscious avoidance or failure to investigate . . .

A. BEAN, v. Jo B. BARNHART,, 473 F. Supp. 2d 739 (E.D. Tex. 2007)

. . . The requested rate ranges from $154.04 to $161.58. Dkt. 23, Exh. A. . . .

AMELIA ISLAND COMPANY, a a a a a a AI a a a I a II a a v. NASSAU COUNTY,, 585 So. 2d 1061 (Fla. Dist. Ct. App. 1991)

. . . Ordinance 89-23 purporting to allow beach vehicular traffic is invalid because it conflicts with section 161.58 . . . the legislature severely restricted vehicular traffic on Florida beaches with the passage of section 161.58 . . . See § 161.58, Fla.Stat. (1989). . . . Commission members expressed fears that under the newly promulgated DNR rules implementing section 161.58 . . . This finding, mandated by section 161.58, made it possible for the County to authorize beach traffic, . . .

CITY OF NEW SMYRNA BEACH, v. BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND,, 543 So. 2d 824 (Fla. Dist. Ct. App. 1989)

. . . The provision designated as section 161.58(2) prohibited vehicular traffic on the beach unless authorized . . . stipulated to a continuance while the City passed new ordinances enacted with reference to section 161.58 . . . The Finance Director acknowledged that section 161.58 had been amended in 1986 but admitted that the . . . In its opinion, the supreme court noted that the Legislature had addressed that issue by enacting 161.58 . . . Moreover, the quick response in amending section 161.58 suggests that the Legislature recognized that . . .

CITY OF NEW SMYRNA BEACH, v. COUNTY OF VOLUSIA,, 518 So. 2d 1379 (Fla. Dist. Ct. App. 1988)

. . . [Footnote omitted], § 161.58(2), Fla.Stat. (1985). See also City of Daytona Beach Shores v. . . . Section 161.58(2), Florida Statutes provides the procedure whereby local governments may authorize vehicular . . .

CITY OF DAYTONA BEACH SHORES, v. STATE COUNTY OF ST. JOHNS, v. BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND,, 483 So. 2d 405 (Fla. 1985)

. . . of chapter 85-55, Laws of Florida, created the Coastal Zone Protection Act of 1985, sections 161.52-161.58 . . . In the provision designated as section 161.58(2), the new law prohibits vehicular traffic on coastal . . . Newly enacted section 161.58(2), Florida Statutes (1985), contained in chapter 85-55, Laws of Florida . . . beach access fees are reasonable and (2) the ordinances otherwise comply with the provisions of section 161.58 . . .

A. E. v., 71 T.C. 980 (T.C. 1979)

. . . additions thereto as follows: _Addition to tax_ Year Deficiency Sec. 6651(a) Sec. 6653(a) 1971 $3,231.63 — $161.58 . . .

ROBERTSON v. UNITED STATES, 93 F. Supp. 660 (D. Utah 1950)

. . . That plaintiff paid the tax of $1,121.56 shown to be due on said return, as follows: $161.58 by withholding . . .

UNITED STATES v. SOSSEUR, 181 F.2d 873 (7th Cir. 1950)

. . . the Tribal Council for defendant’s tribe ever adopted any ordinance with respect thereto, although § 161.58 . . .

UNITED STATES v. SOSSEUR, 87 F. Supp. 225 (W.D. Wis. 1949)

. . . Section 161.58 of the Code of Tribal Offenses of the Lac du Flambeau Reservation is as follows: “Any . . .

SABINE TOWING CO. v. BRENNAN VAN BEECK v. SABINE TOWING CO., 85 F.2d 478 (5th Cir. 1936)

. . . His average earnings for thirteen months had been $161.58 per month. . . .