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Florida Statute 261.02 - Full Text and Legal Analysis Florida Statute 261.02 | Lawyer Caselaw & Research
Fla. Stat. § 261.02 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
261.02 Legislative findings and intent.
(1) The Legislature finds that off-highway vehicles are becoming increasingly popular in this state and that the use of these vehicles should be controlled and managed to minimize negative effects on the environment, wildlife habitats, native wildlife, and native flora and fauna.
(2) The Legislature declares that effectively managed areas and adequate facilities for the use of off-highway vehicles are compatible with this state’s overall recreation plan and the underlying goal of multiple use.
(3) It is the intent of the Legislature that:
(a) Existing off-highway vehicle recreational areas, facilities, and opportunities be improved and appropriately expanded and be managed in a manner consistent with this chapter, in particular to maintain natural resources and sustained long-term use of off-highway vehicle trails and areas.
(b) New off-highway vehicle recreational areas, facilities, and opportunities be provided and managed pursuant to this chapter in a manner that will sustain both long-term use and the environment.
(4) Nothing contained within this chapter shall be construed to require the construction or maintenance of off-highway vehicle recreation areas, facilities, or trails on public lands where such construction or maintenance would be inconsistent with the property’s management objectives or land management plan.
History.s. 53, ch. 2002-295.

Cases Citing F.S. 261.02

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·Quebell P. Parker v. Scrap Metal Processors, 386 F.3d 993 (11th Cir. 2004).

Cited 75 times | Published | Court of Appeals for the Eleventh Circuit | 34 Envtl. L. Rep. (Envtl. Law Inst.) 20104, 59 ERC (BNA) 1353, 2004 U.S. App. LEXIS 20381, 2004 WL 2160758

” See ILCO, 996 F.2d at 1131 (citing 40 C.F.R. § 261.2(a)(2)).23 Thus, the defendants were required to
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Limited(citing case) (2020)
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Cited as authority(citing case) (2025)
phrase: "rule_authority"
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·United States v. Cunningham, 194 F.3d 1186 (11th Cir. 1999).

Cited 46 times | Published | Court of Appeals for the Eleventh Circuit | 30 Envtl. L. Rep. (Envtl. Law Inst.) 20202, 49 ERC (BNA) 1481, 1999 U.S. App. LEXIS 28401, 1999 WL 993106

manner constituting disposal.).” 40 C.F.R. § 261.2(e)(1) states, in relevant part: "Materials are
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Cited as authority(citing case) (2024)
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Cited as authority(citing case) (2024)
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Cited as authority(citing case) (2023)
phrase: "rule_authority"
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United States v. Cunningham, 194 F.3d 1186 (11th Cir. 1999).

Cited 27 times | Published | Court of Appeals for the Eleventh Circuit

manner constituting disposal.).” 40 C.F.R. § 261.2(e)(1) states, in relevant part: “Materials are
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United States v. Ilco, Inc., 996 F.2d 1126 (11th Cir. 1993).

Cited 20 times | Published | Court of Appeals for the Eleventh Circuit | 23 Envtl. L. Rep. (Envtl. Law Inst.) 21437, 37 ERC (BNA) 1105, 1993 U.S. App. LEXIS 19898

groups to be solid waste as defined in 40 C.F.R. § 261.2 because they exhibit the characteristic of "Extraction
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·United States v. ILCO, Inc., 996 F.2d 1126 (11th Cir. 1993).

Cited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1993 WL 267355

groups to be solid waste as defined in 40 C.F.R. § 261.2 because they exhibit the characteristic of “Extraction
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Cited as authority(citing case) (2023)
phrase: "rule_authority"
Cited as authority(citing case) (2017)
phrase: "rule_authority"
Cited as authority(citing case) (2006)
phrase: "rule_authority"
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Ago (Fla. Att'y Gen. 2004).

Published | Florida Attorney General Reports

Fla. Stat., providing the short title. 16 Section 261.02(3), Fla. Stat. 17 Section 261.06(11), Fla.

This Florida statute resource is curated by the lawyer who curates this resource, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.