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Florida Statute 261.20 - Full Text and Legal Analysis
Florida Statute 261.20 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 261.20 Case Law from Google Scholar Google Search for Amendments to 261.20

The 2025 Florida Statutes

Title XVIII
PUBLIC LANDS AND PROPERTY
Chapter 261
OFF-HIGHWAY VEHICLE SAFETY AND RECREATION
View Entire Chapter
F.S. 261.20
261.20 Operations of off-highway vehicles on public lands; restrictions; safety courses; required equipment; prohibited acts; penalties.
(1) This section applies only to the operation of off-highway vehicles on public lands.
(2) Any person operating an off-highway vehicle as permitted in this section who has not attained 16 years of age must be supervised by an adult while operating the off-highway vehicle.
(3) While operating an off-highway vehicle, a person who has not attained 16 years of age must have in his or her possession a certificate evidencing the satisfactory completion of an approved off-highway vehicle safety course in this state or another jurisdiction. A nonresident who has not attained 16 years of age and who is in this state temporarily for a period not to exceed 30 days is exempt from this subsection. Nothing contained in this chapter shall prohibit an agency from requiring additional safety-education courses for all operators.
(4)(a) The department shall approve all off-highway vehicle public safety-education programs required by this chapter as a condition for operating on public lands.
(b) An off-highway vehicle must be equipped with a spark arrester that is approved by the United States Department of Agriculture Forest Service, a braking system, and a muffler, all in operating condition.
(c) Off-highway vehicles, when operating pursuant to this chapter, shall be equipped with a silencer or other device which limits sound emissions. Exhaust noise must not exceed 96 decibels in the A-weighting scale for vehicles manufactured after January 1, 1986, or 99 decibels in the A-weighting scale for vehicles manufactured before January 1, 1986, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287. Off-highway vehicle manufacturers or their agents prior to the sale to the general public in this state of any new off-highway vehicle model manufactured after January 1, 2008, shall provide to the department revolutions-per-minute data needed to conduct the J-1287 test, where applicable.
(d) An off-highway vehicle that is operated between sunset and sunrise, or when visibility is reduced because of rain, smoke, or smog, must display a lighted headlamp and taillamp unless the use of such lights is prohibited by other laws, such as a prohibition on the use of lights when hunting at night.
(e) An off-highway vehicle that is used in certain organized and sanctioned competitive events being held on a closed course may be exempted by departmental rule from any equipment requirement in this subsection.
(5) It is a violation of this section:
(a) To carry more passengers on an off-highway vehicle than the machine is specifically designed by the manufacturer to carry.
(b) To operate an off-highway vehicle while under the influence of alcohol, a controlled substance, or any prescription or over-the-counter drug that impairs vision or motor condition.
(c) For a person who has not attained 16 years of age, to operate an off-highway vehicle without wearing eye protection, over-the-ankle boots, and a safety helmet that is approved by the United States Department of Transportation or Snell Memorial Foundation.
(d) To operate an off-highway vehicle in a careless or reckless manner that endangers or causes injury or damage to another person or property.
(6) Any person who violates this section commits a noncriminal infraction and is subject to a fine of not less than $100 and may have his or her privilege to operate an off-highway vehicle on public lands revoked. However, a person who commits such acts with intent to defraud, or who commits a second or subsequent violation, is subject to a fine of not less than $500 and may have his or her privilege to operate an off-highway vehicle on public lands revoked.
(7) Public land managing agencies, through the course of their management activities, are exempt from the provisions of paragraph (5)(a).
History.s. 4, ch. 2006-290; s. 2, ch. 2014-187; s. 23, ch. 2018-110.

F.S. 261.20 on Google Scholar

F.S. 261.20 on CourtListener

Amendments to 261.20


Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S261.20
R or S next to points is Mandatory Revocation or Suspension

S261.20 (5)(a-d) OFF-HIGHWAY VEHICLES ON PUBLIC LANDS - Restrictions; safety courses; required equipment; prohibited acts - Points on Drivers License: 0

Cases Citing Statute 261.20

Total Results: 3

Chatham Steel Corp. v. Brown

858 F. Supp. 1130, 25 Envtl. L. Rep. (Envtl. Law Inst.) 20061, 40 ERC (BNA) 1247, 1994 U.S. Dist. LEXIS 11240, 1994 WL 383153

District Court, N.D. Florida | Filed: Jul 19, 1994 | Docket: 2517493

Cited 56 times | Published

waste under 42 U.S.C.A. § 6921. See 40 C.F.R. § 261.20-.24 (1993). Likewise, spent lead-acid batteries

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

might be a “characteristic waste” under 40 C.F.R. § 261.20-.24. 1 Second, they suspected that

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

might be a “characteristic waste” under 40 C.F.R. § 261.20-.24.1 Second, they suspected that it might be