Florida Statute 317.0003 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 317
OFF-HIGHWAY VEHICLE TITLING

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F.S. 317.0003

317.0003 Definitions.—As used in this chapter, the term:

(1) “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.

(2) “Dealer” means any person authorized by the Department of Revenue to buy, sell, resell, or otherwise distribute off-highway vehicles. Such person must have a valid sales tax certificate of registration issued by the Department of Revenue and a valid commercial or occupational license required by any county, municipality, or political subdivision of the state in which the person operates.

(3) “Department” means the Department of Highway Safety and Motor Vehicles.

(4) “Florida resident” means a person who has had a principal place of domicile in this state for a period of more than 6 consecutive months, who has registered to vote in this state, who has made a statement of domicile pursuant to s. 222.17, or who has filed for homestead tax exemption on property in this state.

(5) “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 or a moped.

(6) “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 pursuant to chapter 320.

(7) “Owner” means a person, other than a lienholder, having the property in or title to an off-highway vehicle, including a person entitled to the use or possession of an off-highway vehicle subject to an interest held by another person, reserved or created by agreement and securing payment of performance of an obligation, but the term excludes a lessee under a lease not intended as security.

(8) “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.

(9) “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.

(10) “Two-rider ATV” means any ATV that is specifically designed by the manufacturer for a single operator and one passenger.

History.—s. 57, ch. 2002-295; s. 43, ch. 2005-164; s. 3, ch. 2009-137; s. 2, ch. 2010-198; s. 43, ch. 2010-223; s. 83, ch. 2013-160; s. 4, ch. 2014-187; s. 3, ch. 2019-19; s. 2, ch. 2022-93.

F.S. 317.0003 on Google Scholar

F.S. 317.0003 on Casetext

Amendments to 317.0003

Arrestable Offenses / Crimes under Fla. Stat. 317.0003

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 317.0003.

Annotations, Discussions, Cases:

Cases Citing Statute 317.0003

Total Results: 15

Nicol Maslo v. The State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-05-21

Snippet: Procedure 9.110, 9.130, 9.140 and 9.800, SC2024-0317. 3 The trial court’s determination on the legal

Ago

Court: Florida Attorney General Reports | Date Filed: 2007-03-23

Snippet: "(1) The operation of an ATV, as defined in s. 317.0003,8 upon the public roads or streets of this state

J.N. Laliotis Engineering Construction, Inc. v. Mastor

Court: District Court of Appeal of Florida | Date Filed: 1992-06-19

Citation: 600 So. 2d 1271, 17 U.C.C. Rep. Serv. 2d (West) 1269, 1992 Fla. App. LEXIS 6534, 1992 WL 135050

Snippet: pursuant to the provisions of sections 679.311, 678.317(3) and 56.29, Florida Statutes (1989). Section 679

Alachua County v. Florida Petroleum Marketers Ass'n

Court: Supreme Court of Florida | Date Filed: 1991-10-10

Citation: 589 So. 2d 240, 16 Fla. L. Weekly Supp. 657, 1991 Fla. LEXIS 1747, 1991 WL 201574

Snippet: Before the enactment of this amendment, section 376.317(3)(a) applied only to Dade and Broward Counties. As

Alachua County v. Lewis Oil Co.

Court: District Court of Appeal of Florida | Date Filed: 1989-12-29

Citation: 554 So. 2d 1210, 1989 Fla. App. LEXIS 7450, 1989 WL 155602

Snippet: also reject appellant’s argument that Section 376.317(3)(b) is unconstitutional because it 1) lacks meaningful

Alachua County v. Lewis Oil Co., Inc.

Court: District Court of Appeal of Florida | Date Filed: 1987-12-09

Citation: 516 So. 2d 1033, 1987 WL 2640

Snippet: provided the ordinance is approved by DER. § 376.317(3), Fla. Stat. (1985). Alachua County sought to enact

Lewis Oil Co., Inc. v. Alachua County

Court: District Court of Appeal of Florida | Date Filed: 1986-10-06

Citation: 496 So. 2d 184, 11 Fla. L. Weekly 2116, 1986 Fla. App. LEXIS 9963

Snippet: except as provided in subsection (3). Subsection 376.317(3) permits a county to "adopt countywide ordinances

Palm Beach Dev. & Sales Corp. v. Walker

Court: District Court of Appeal of Florida | Date Filed: 1985-11-13

Citation: 478 So. 2d 1122, 10 Fla. L. Weekly 2536, 1985 Fla. App. LEXIS 16669

Snippet: valuation Owners' valuation 1980 $6,878,317 $3,850,000 1981 6,132,176

Eastern Air Lines, Inc. v. Dept. of Revenue

Court: Supreme Court of Florida | Date Filed: 1984-06-14

Citation: 455 So. 2d 311, 1984 Fla. LEXIS 3106

Snippet: or operated upon the highways of this state. *317 3. Any person who uses any motor fuel or special fuel

St. Paul Fire & Marine Ins. v. Thomas

Court: District Court of Appeal of Florida | Date Filed: 1973-02-12

Citation: 273 So. 2d 117

Snippet: Mutual Automobile Ins. Co., 5 Cir.1964, 335 F.2d 317. [3] "To pay on behalf of the insured all sums which

Pokress v. Tisch Florida Properties, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1963-05-14

Citation: 153 So. 2d 346

Snippet: jurisdictions. See Philbrick v. Chase, 95 N.H. 82, 58 A.2d 317, 3 A.L.R.2d 526 (1948); Folsom v. Young and Young

Caldwell v. Personal Finance Co. of St. Petersburg

Court: Supreme Court of Florida | Date Filed: 1950-06-06

Citation: 46 So. 2d 726, 1950 Fla. LEXIS 933

Snippet: case of Putnal v. Inman, 76 Fla. 553, 80 So. 316, 317, 3 A.L.R. 1580, as authority for its contention. However

Bryan, as Admrx. Coconut Grove Bank Tr. Co.

Court: Supreme Court of Florida | Date Filed: 1931-02-24

Citation: 132 So. 481, 101 Fla. 947

Snippet: Carlson v. M. B. Kies, 134 P. 808, 47 L. R. A. (N.S.) 317; 3 R. C. L. 517. The circumstances which distinguish

Eppinger, Russell & Co. v. Canepa

Court: Supreme Court of Florida | Date Filed: 1883-06-15

Citation: 20 Fla. 262

Snippet: should be allowed. McHardy vs. McHardy, 7 Fla., 317; 3 Williams on Executors, 6 Am. Ed., 1971, note K

Hance v. State

Court: Supreme Court of Florida | Date Filed: 1858-07-01

Citation: 8 Fla. 56

Snippet: and Plea., 1 vol., p. 165, citing 2 Mass. Rep. 317, 3 Bibb, 196, 7 Conn. Rep. 118, and also Wharton’s