Florida Statute 261.02 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XVIII
PUBLIC LANDS AND PROPERTY

Chapter 261
OFF-HIGHWAY VEHICLE SAFETY AND RECREATION

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F.S. 261.02

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.

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Amendments to 261.02

Annotations, Discussions, Cases:

Cases Citing Statute 261.02

Total Results: 6

Quebell P. Parker v. Scrap Metal Processors

386 F.3d 993, 34 Envtl. L. Rep. (Envtl. Law Inst.) 20104, 59 ERC (BNA) 1353, 2004 U.S. App. LEXIS 20381, 2004 WL 2160758

Court of Appeals for the Eleventh Circuit | Filed: Sep 28, 2004 | Docket: 1324556

Cited 75 times | Published

” See ILCO, 996 F.2d at 1131 (citing 40 C.F.R. § 261.2(a)(2)).23 Thus, the defendants were required to

United States v. Cunningham

194 F.3d 1186, 30 Envtl. L. Rep. (Envtl. Law Inst.) 20202, 49 ERC (BNA) 1481, 1999 U.S. App. LEXIS 28401, 1999 WL 993106

Court of Appeals for the Eleventh Circuit | Filed: Nov 2, 1999 | Docket: 777066

Cited 46 times | Published

manner constituting disposal.).” 40 C.F.R. § 261.2(e)(1) states, in relevant part: "Materials are

United States v. Cunningham

194 F.3d 1186

Court of Appeals for the Eleventh Circuit | Filed: Nov 2, 1999 | Docket: 395605

Cited 27 times | Published

manner constituting disposal.).” 40 C.F.R. § 261.2(e)(1) states, in relevant part: “Materials are

United States v. Ilco, Incorporated

996 F.2d 1126, 23 Envtl. L. Rep. (Envtl. Law Inst.) 21437, 37 ERC (BNA) 1105, 1993 U.S. App. LEXIS 19898

Court of Appeals for the Eleventh Circuit | Filed: Aug 4, 1993 | Docket: 1019586

Cited 20 times | Published

groups to be solid waste as defined in 40 C.F.R. § 261.2 because they exhibit the characteristic of "Extraction

United States v. ILCO, Inc.

996 F.2d 1126, 1993 WL 267355

Court of Appeals for the Eleventh Circuit | Filed: Aug 4, 1993 | Docket: 66284824

Cited 2 times | Published

groups to be solid waste as defined in 40 C.F.R. § 261.2 because they exhibit the characteristic of “Extraction

Ago

Florida Attorney General Reports | Filed: Jul 14, 2004 | Docket: 3257500

Published

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