Florida Statute 161.58 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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 Citing Statute 161.58

Total Results: 11

City of Treasure Island v. Tahitian Treasure Island, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-27T00:53:00-07:00

Snippet: festivals and public events in violation of section 161.58(2), Florida Statutes (2014), which prohibits "…on Treasure Island Beach" violate section 161.58(2), and permanently enjoined the City from hosting…coastal beach and is therefore prohibited by section 161.58(2). However, the trial court also declared illegal…these events violates state law—including section 161.58(2)'s prohibition of vehicular traffic on coastal…driving and parking on the beach violates section 161.58(2); and Count III sought a judgment declaring that

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

Court: Fla. Dist. Ct. App. | Date Filed: 2014-11-05T00:00:00-08:00

Citation: 151 So. 3d 523

Snippet: requirements of [the] Department pursuant to Section 161.058(11), Florida Statutes.” DEP later issued an amended…recommended order concluding that under subsection 161.058(11)(b), the “proposed project would not cause measurable

Ago

Court: Fla. Att'y Gen. | Date Filed: 1996-07-10T00:53:00-07:00

Snippet: traffic on coastal beaches pursuant to section 161.58(2), Florida Statutes, will the authorization for… on Florida beaches with the passage of section 161.58(1), Florida Statutes, which provides: Vehicular… the additional requirements imposed by section 161.58(2), Florida Statutes. While the unified county …charter regulation exception contained in section 161.58(2), Florida Statutes. In the absence of adoption…statutory and rule methodology set forth in section 161.58, prior to October 1, 1989, vehicular traffic on

Amelia Island Co. v. Nassau County

Court: Fla. Dist. Ct. App. | Date Filed: 1991-09-04T00:00:00-07:00

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

Snippet: with the passage of section 161.58, F.S. As amended in 1988, section 161.58 prohibited beach traffic except…traffic is invalid because it conflicts with section 161.58, Florida Statutes (1989), which prohibits such …the Department of Natural Resources (DNR). See § 161.58, Fla.Stat. (1989). The Nassau County Commission…newly promulgated DNR rules implementing section 161.58, Nassau County would not have the requisite shortage…1577, the Commission remained fearful that section 161.58 would have the effect of prohibiting beach vehicular

Ago

Court: Fla. Att'y Gen. | Date Filed: 1990-07-23T00:53:00-07:00

Snippet: its being done in any other way. 6 Compare, s. 161.58(3), F.S., relating to beach and shore preservation

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

Court: Fla. Dist. Ct. App. | Date Filed: 1989-05-11T00:53:00-07:00

Citation: 543 So. 2d 824

Snippet: Act of 1985. The provision designated as section 161.58(2) prohibited vehicular traffic on the beach unless…new ordinances enacted with reference to section 161.58. The Legislature later amended this section to … The Finance Director acknowledged that section 161.58 had been amended in 1986 but admitted that the …the City had violated the 1985 version of section 161.58 by its expenditure of beach toll revenue between…the City had violated the 1986 version of section 161.58 by expending beach toll revenue for purposes other

Florida Bar v. Newhouse

Court: Fla. | Date Filed: 1989-03-09T00:00:00-08:00

Citation: 539 So. 2d 473, 14 Fla. L. Weekly 101, 1989 Fla. LEXIS 142, 1989 WL 21079

Snippet: 712.54 Angela Simmons $2,055.57 Nathan Spaulding $1,161.58 Kristinya Merriman $4,558.45 4. Luis Chavez $1,

City of New Smyrna Beach v. County of Volusia

Court: Fla. Dist. Ct. App. | Date Filed: 1988-01-28T00:00:00-08:00

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

Snippet: . 775.083, or s. 775.084. [Footnote omitted], § 161.58(2), Fla.Stat. (1985). See also City of Daytona …conflict with a municipal ordinance. . Section 161.58(2), Florida Statutes provides the procedure whereby

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Court: Fla. Att'y Gen. | Date Filed: 1986-11-02T23:53:00-08:00

Snippet: within the limits of said municipality. Moreover, s. 161.58, F.S., which is alluded to in your inquiry does

City of Daytona Beach Shores v. State

Court: Fla. | Date Filed: 1985-12-11T23:53:00-08:00

Citation: 483 So. 2d 405

Snippet: sections 161.52-161.58, Florida Statutes (1985). In the provision designated as section 161.58(2), the new…Legislature addressed that issue. Newly enacted section 161.58(2), Florida Statutes (1985), contained in chapter…otherwise comply with the provisions of section 161.58, Florida Statutes, which became effective October

Stephens v. Dichtenmueller

Court: Fla. Dist. Ct. App. | Date Filed: 1968-03-12T23:53:00-08:00

Citation: 207 So. 2d 718

Snippet: York Life Insurance Co. v. Gamer, 1938, 303 U.S. 161, 58 S.Ct. 500, 82 L.Ed. 726, 114 A.L.R. 1218. The Florida