261.01 – Short Title.

261.01 Short title.—This chapter may be cited as the “T. Mark Schmidt Off-Highway Vehicle Safety and Recreation Act.” History.—s. 53, ch. 2002-295.

261.02 – Legislative Findings and Intent.

261.02 Legislative findings and intent.— (1) The Legislature finds that off-highway vehicles are becoming increasingly popular in this state and that the use of these vehicles should be controlled and managed to minimize negative effects on the environment, wildlife habitats, native wildlife, and native flora and fauna. (2) The Legislature declares that effectively managed areas and adequate facilities […]

261.03 – Definitions.

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 […]

261.04 – Off-Highway Vehicle Recreation Advisory Committee; Members; Appointment.

261.04 Off-Highway Vehicle Recreation Advisory Committee; members; appointment.— (1) The Off-Highway Vehicle Recreation Advisory Committee is created within the Florida Forest Service and consists of nine members, all of whom are appointed by the Commissioner of Agriculture. The appointees shall include one representative of the Department of Agriculture and Consumer Services, one representative of the Department of […]

261.05 – Duties and Responsibilities of the Off-Highway Vehicle Recreation Advisory Committee.

261.05 Duties and responsibilities of the Off-Highway Vehicle Recreation Advisory Committee.— (1) The advisory committee shall establish policies to guide the department regarding the Off-Highway Vehicle Recreation Program and the system of off-highway vehicle recreation areas and trails. (2) The advisory committee shall make recommendations to the department regarding off-highway vehicle safety and training and education programs in […]

261.06 – Functions, Duties, and Responsibilities of the Department.

261.06 Functions, duties, and responsibilities of the department.—The following are functions, duties, and responsibilities of the department through the Florida Forest Service: (1) Coordination of the planning, development, conservation, and rehabilitation of state lands in and for the system. (2) Coordination of the management, maintenance, administration, and operation of state lands in the system and the provision of […]

261.07 – Publication and Distribution of Guidebook; Contents.

261.07 Publication and distribution of guidebook; contents.—In consultation with the advisory committee, the department shall publish a guidebook that includes the text of this chapter, other laws and regulations relating to the program, and maps of areas and trails of the system. The guidebook may include other public areas, trails, and facilities for the use of […]

261.08 – Repair, Maintenance, and Rehabilitation of Areas, Trails, and Lands.

261.08 Repair, maintenance, and rehabilitation of areas, trails, and lands.— (1) The protection of public safety, the appropriate use of lands in the system, and the conservation of the environment, wildlife habitats, native wildlife, and native flora and fauna in the system are of the highest priority in the management of the system. Accordingly, the public land […]

261.09 – Contracts and Agreements.

261.09 Contracts and agreements.—The public land managing agency may contract with private persons or entities and enter into cooperative agreements with other public agencies for the care and maintenance of lands in the system, including contracts for law enforcement services with public agencies having law enforcement powers. History.—s. 53, ch. 2002-295.

261.10 – Criteria for Recreation Areas and Trails; Limitation on Liability.

261.10 Criteria for recreation areas and trails; limitation on liability.— (1) Publicly owned or operated off-highway vehicle recreation areas and trails shall be designated and maintained for recreational travel by off-highway vehicles. These areas and trails need not be generally suitable or maintained for normal travel by conventional two-wheel-drive vehicles and should not be designated as recreational […]

261.11 – Penalties.

261.11 Penalties.—No off-highway vehicle may be operated upon the public roads, streets, or highways of this state, except as otherwise permitted by the managing local, state, or federal agency. A violation of this section is a noncriminal traffic infraction, punishable as provided in chapter 318. History.—s. 53, ch. 2002-295.

261.12 – Designated Off-Highway Vehicle Funds Within the Incidental Trust Fund of the Florida Forest Service of the Department of Agriculture and Consumer Services.

261.12 Designated off-highway vehicle funds within the Incidental Trust Fund of the Florida Forest Service of the Department of Agriculture and Consumer Services.— (1) The designated off-highway vehicle funds of the trust fund shall consist of deposits from the following sources: (a) Fees paid to the Department of Highway Safety and Motor Vehicles for the titling of off-highway […]

261.20 – Operations of Off-Highway Vehicles on Public Lands; Restrictions; Safety Courses; Required Equipment; Prohibited Acts; Penalties.

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 […]