HB 625 C1

Relating to Abandonment of Roads

 Last Action: 05/10/2005 Approved by Governor; Chapter No.


H 625    GENERAL BILL by Littlefield (CS by Transportation (SIC)) (Similar
CS/S 1130)
Abandonment of Roads; provides that municipality may exercise its home
rule authority to abandon, vacate, discontinue, or close roads or
rights-of-way in municipality's jurisdiction; conforms cross-reference;
transfers & renumbers provision re county's authority to close & abandon
roads & rights-of-way & convey county's interest to homeowners'
association. Amends 316.006; transfers/renumbers 316.00825. EFFECTIVE
DATE: Upon becoming law.
01/27/05 HOUSE Filed
02/11/05 HOUSE Referred to Transportation (SIC); Local Government Council;
                  State Resources Council
02/14/05 HOUSE Original reference(s)- removed: Transportation (SIC); Local
                  Government Council; State Resources Council; Referred to
                  Transportation (SIC); Local Government Council; State
                  Infrastructure Council
03/08/05 HOUSE Introduced, referred to Transportation (SIC); Local
                  Government Council; State Infrastructure Council -HJ 00061;
                  On Committee agenda-- Transportation (SIC), 03/08/05, 3:00
                  pm, 404-H; Favorable with CS amendment by Transportation
                  (SIC); YEAS 14 NAYS 0 -HJ 00226
03/11/05 HOUSE Pending review of CS under Rule 6.3(b); Now in Local
                  Government Council -HJ 00226
03/14/05 HOUSE On Council agenda-- Local Government Council, 03/16/05, 2:15
                  pm, 404-H
03/16/05 HOUSE Favorable by Local Government Council; YEAS 6 NAYS 0
                  -HJ 00229; Now in State Infrastructure Council -HJ 00229
03/18/05 HOUSE On Committee agenda-- State Infrastructure Council, 03/22/05,
                  1:45 pm, 404-H

CODING: Words stricken are deletions; words underlined are additions.

1 The Transportation Committee recommends the following:
2
3      Council/Committee Substitute
4      Remove the entire bill and insert:
5 A bill to be entitled
6 An act relating to abandonment of roads; amending s.
7 316.006, F.S.; providing that a municipality may exercise
8 its home rule authority to abandon, vacate, discontinue,
9 or close roads or rights-of-way in the municipality's
10 jurisdiction; conforming a cross-reference; transferring
11 and renumbering s. 316.00825, F.S., relating to a county's
12 authority to close and abandon roads and rights-of-way and
13 convey the county's interest to a homeowners' association;
14 providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18      Section 1.  Paragraph (c) is added to subsection (2) of
19 section 316.006, Florida Statutes, and paragraph (c) of
20 subsection (3) of said section is amended, to read:
21      316.006  Jurisdiction.--Jurisdiction to control traffic is
22 vested as follows:
23      (2)  MUNICIPALITIES.--
24      (c)  The governing body of a municipality may exercise its
25 home rule powers granted under chapter 166 to abandon, vacate,
26 discontinue, or close roads or rights-of-way under its
27 jurisdiction pursuant to the terms and conditions specified by
28 the governing body as serving a municipal purpose.
29
30 This subsection shall not limit those counties which have the
31 charter powers to provide and regulate arterial, toll, and other
32 roads, bridges, tunnels, and related facilities from the proper
33 exercise of those powers by the placement and maintenance of
34 traffic control devices which conform to the manual and
35 specifications of the Department of Transportation on streets
36 and highways located within municipal boundaries.
37      (3)  COUNTIES.--
38      (c)  If the governing body of a county abandons the roads
39 and rights-of-way dedicated in a recorded residential
40 subdivision, and simultaneously conveys the county's interest
41 therein to a homeowners' association for the subdivision in the
42 manner prescribed in s. 336.125 316.00825, that county's traffic
43 control jurisdiction over the abandoned and conveyed roads
44 ceases unless the requirements of paragraph (b) are met.
45
46 Notwithstanding the provisions of subsection (2), each county
47 shall have original jurisdiction to regulate parking, by
48 resolution of the board of county commissioners and the erection
49 of signs conforming to the manual and specifications of the
50 Department of Transportation, in parking areas located on
51 property owned or leased by the county, whether or not such
52 areas are located within the boundaries of chartered
53 municipalities.
54      Section 2.  Section 316.00825, Florida Statutes, is
55 transferred and renumbered as section 336.125, Florida Statutes.
56      Section 3.  This act shall take effect upon becoming a law.

  

CODING: Words stricken are deletions; words underlined are additions. 

 

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