The 2023 Florida Statutes (including Special Session C)

Title XXVI
PUBLIC TRANSPORTATION

Chapter 337
CONTRACTING; ACQUISITION, DISPOSAL, AND USE OF PROPERTY

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F.S. 337.405

337.405 Trees or other vegetation within rights-of-way of State Highway System or publicly owned rail corridors; removal or damage; penalty.—

(1) The removal, cutting, marring, defacing, or destruction of any trees or other vegetation, either by direct personal action or by causing any other person to take such action, within the rights-of-way of roads located on the State Highway System or within publicly owned rail corridors is prohibited unless prior written permission to remove or cut such trees or other vegetation has been granted by the department, except where normal tree trimming is required to ensure the safe operation of utility facilities and such tree trimming is performed in accordance with the provisions of its utility accommodations guide, and any subsequent amendments thereto. The department shall adopt rules for the implementation of this section to achieve protection of vegetation while at the same time assuring safe utility operations.

(2) Any person who violates the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 156, ch. 29965, 1955; ss. 23, 35, ch. 69-106; s. 238, ch. 71-136; s. 46, ch. 84-309; s. 29, ch. 94-237.

Note.—Former s. 339.25.

F.S. 337.405 on Google Scholar

F.S. 337.405 on Casetext

Amendments to 337.405

Arrestable Offenses / Crimes under Fla. Stat. 337.405

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

S337.405 - CONSERVATION-ENVIRONMENT - DAMAGE VEGETATION ON STATE HIGHWAY - M: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

WILLIAMS, On v. KING BEE DELIVERY, LLC,, 199 F. Supp. 3d 1175 (E.D. Ky. 2016)

. . . proceeding, shall be deemed in violation of KRS 337.275 to 337.325, KRS 337.345, and KRS 337.385 to 337.405 . . .

ENGLAND, v. ADVANCE STORES CO. INC., 263 F.R.D. 423 (W.D. Ky. 2009)

. . . 337.310 (Michie 2007), all orders or decisions of the Executive Director made under KRS 337.020 to 337.405 . . . Workplace Standards, Labor Cabinet, to decide all questions of fact arising under KRS 337.020 to KRS 337.405 . . . provided prior to its amendment in 1996 as follows: (1) All questions of fact arising under KRS 337.020 to 337.405 . . . entirety as follows: All orders or decisions of the Executive Director issued or made under KRS 337.020 to 337.405 . . .

McMICHAEL, v. FALLS CITY TOWING COMPANY,, 199 F. Supp. 2d 632 (W.D. Ky. 2002)

. . . All orders or decisions of the secretary [of the Labor Cabinet] issued or made under KRS 337.020 to 337.405 . . . 1996 amendment, the statute read as follows: (1) All questions of fact arising under KRS 337.020 to 337.405 . . . procured by fraud; (c) The order or decision is not in conformity to the provisions of KRS 337.020 to 337.405 . . .