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Florida Statute 261.03 - Full Text and Legal Analysis Florida Statute 261.03 | Lawyer Caselaw & Research
Fla. Stat. § 261.03 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
261.03 Definitions.As used in this chapter, the term:
(1) “Advisory committee” means the Off-Highway Vehicle Recreation Advisory Committee created by s. 261.04.
(2) “ATV” means any motorized off-highway or all-terrain vehicle 55 inches or less in width which has a dry weight of 1,500 pounds or less, is designed to travel on three or more nonhighway tires, and is manufactured for recreational use by one or more persons.
(3) “Department” means the Department of Agriculture and Consumer Services.
(4) “OHM” or “off-highway motorcycle” means any motor vehicle used off the roads or highways of this state that has a seat or saddle for the use of the rider and is designed to travel with not more than two wheels in contact with the ground, but excludes a tractor, an electric bicycle, or a moped.
(5) “Off-highway vehicle” means any ATV, two-rider ATV, ROV, or OHM that is used off the roads or highways of this state and that is not registered and licensed for highway use under chapter 320.
(6) “Program” means the Off-Highway Vehicle Recreation Program.
(7) “Public lands” means lands within the state that are available for public use and that are owned, operated, or managed by a federal, state, county, or municipal governmental entity.
(8) “ROV” means any motorized recreational off-highway vehicle 80 inches or less in width which has a dry weight of 3,500 pounds or less, is designed to travel on four or more nonhighway tires, and is manufactured for recreational use by one or more persons. The term does not include a golf cart as defined in ss. 316.003 and 320.01 or a low-speed vehicle as defined in s. 320.01.
(9) “System” means the off-highway vehicle recreation areas and trails on public lands within the state.
(10) “Trust fund” means the Incidental Trust Fund of the Florida Forest Service.
(11) “Two-rider ATV” means any ATV that is specifically designed by the manufacturer for a single operator and one passenger.
History.s. 53, ch. 2002-295; s. 26, ch. 2005-164; s. 1, ch. 2009-137; s. 1, ch. 2010-198; s. 42, ch. 2010-223; s. 66, ch. 2011-206; s. 12, ch. 2012-7; s. 77, ch. 2013-160; s. 1, ch. 2014-187; s. 1, ch. 2019-19; s. 1, ch. 2020-69; s. 1, ch. 2022-93.

Cases Citing F.S. 261.03

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·United States v. Christian A. Hansen, 262 F.3d 1217 (11th Cir. 2001).

Cited 144 times | Published | Court of Appeals for the Eleventh Circuit | 57 Fed. R. Serv. 121, 53 ERC (BNA) 1203, 2001 U.S. App. LEXIS 19054, 2001 WL 965090

“characteristic” hazardous substances. 40 C.F.R. § 261.3(a); R21-11-15. The “characteristic” hazardous substances
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Overruled(citing case) (2015)
phrase: "overruled by"
Cited as authorityHernandez-Perez (2025)
phrase: "rule_authority"
Cited as authority(citing case) (2024)
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

milling of aluminum.” 3 .40 C.F.R. § 261.3(c)(2)(l) states, in relevant part: "[A]ny solid
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Cited as authority(citing case) (2024)
phrase: "rule_authority"
Cited as authority(citing case) (2024)
phrase: "rule_authority"
Cited as authority(citing case) (2023)
phrase: "rule_authority"
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·United States v. Hayes Int'l Corp. & Louis H. Beasley, 786 F.2d 1499 (11th Cir. 1986).

Cited 26 times | Published | Court of Appeals for the Eleventh Circuit | 16 Envtl. L. Rep. (Envtl. Law Inst.) 20717, 24 ERC (BNA) 1282, 1986 U.S. App. LEXIS 24706, 24 ERC 1282

methods of identifying a hazardous waste. 40 C.F.R. § 261.3. A waste is hazardous if it appears on a list of
1 red0 yellow24 green0 procedural
Overruled(citing case) (1991)
phrase: "been overruled"
Cited as authorityFields (2007)
phrase: "rule_authority"
Cited as authority(citing case) (2005)
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

milling of aluminum.” 3 40 C.F.R. § 261.3(c)(2)(1) states, in relevant part: “[A]ny solid

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