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Florida Statute 861.01 - Full Text and Legal Analysis Florida Statute 861.01 | Lawyer Caselaw & Research
Fla. Stat. § 861.01 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
861.01 Obstructing highway.—Whoever obstructs any public road or established highway by fencing across or into the same or by willfully causing any other obstruction in or to such road or highway, or any part thereof, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and the judgment of the court shall also be that the obstruction be removed.
History.—s. 68, Feb. 10, 1832; RS 2700; GS 3662; s. 1, ch. 6884, 1915; RGS 5604; CGL 7791; s. 1099, ch. 71-136.

Arrestable Offenses under F.S. 861.01

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§861.01HEALTH-SAFETYOBSTRUCT HIGHWAYM · 1st

Cases Citing F.S. 861.01

Fla. Stat. § 861.01 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Cohen v. Hattaway, 595 So. 2d 105 (Fla. 5th DCA 1992).

Cited 20 times | Published | Florida 5th District Court of Appeal | 1992 WL 18554

business for which it was created.'" 3 Fletcher, § 861.1 at 234. Thus, in order to show a corporate opportunity
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Cited as authority(citing case) (2025)
phrase: "rule_authority"
Cited as authorityHussing (2024)
phrase: "rule_authority"
Cited as authority(citing case) (2021)
phrase: "rule_authority"
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·Town of Lauderdale-by-the-sea v. Meretsky, 773 So. 2d 1245 (Fla. 4th DCA 2000).

Cited 6 times | Published | Florida 4th District Court of Appeal | 2000 WL 1819401

...reet or sidewalk. Although "right of passage" is not specifically defined, it is a place in addition to the "street" and includes the property owned by the Town alongside the street whether or not it has a sidewalk where the public can travel. Under section 861.01, Florida Statutes (1997), "[w]hoever obstructs any public road or established highway by fencing across or into same ......
0 red0 yellow5 green0 procedural
Cited as authority(citing case) (2024)
phrase: "rule_authority"
Cited as authority(citing case) (2024)
phrase: "rule_authority"
Cited as authority(citing case) (2024)
phrase: "rule_authority"
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This Florida statute resource is curated by Florida Bar member Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.