Florida Statute 261.03 - 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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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.

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Amendments to 261.03

Annotations, Discussions, Cases:

Cases Citing Statute 261.03

Total Results: 4

United States v. Christian A. Hansen

262 F.3d 1217, 57 Fed. R. Serv. 121, 53 ERC (BNA) 1203, 2001 U.S. App. LEXIS 19054, 2001 WL 965090

Court of Appeals for the Eleventh Circuit | Filed: Aug 24, 2001 | Docket: 29406

Cited 144 times | Published

“characteristic” hazardous substances. 40 C.F.R. § 261.3(a); R21-11-15. The “characteristic” hazardous substances

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

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

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

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

United States v. Hayes International Corporation and Louis H. Beasley

786 F.2d 1499, 16 Envtl. L. Rep. (Envtl. Law Inst.) 20717, 24 ERC (BNA) 1282, 1986 U.S. App. LEXIS 24706, 24 ERC 1282

Court of Appeals for the Eleventh Circuit | Filed: Apr 21, 1986 | Docket: 519172

Cited 26 times | Published

methods of identifying a hazardous waste. 40 C.F.R. § 261.3. A waste is hazardous if it appears on a list of

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