Senate Bill sb2000

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    Florida Senate - 2002                                  SB 2000

    By Senator Smith





    5-1555-02                                               See HB

  1                      A bill to be entitled

  2         An act relating to the county road system;

  3         amending s. 336.02, F.S.; providing for

  4         designation as public prescriptive easement by

  5         necessity on certain roads; providing criteria;

  6         providing for notice and public hearing;

  7         providing procedures; providing for review;

  8         providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Section 336.02, Florida Statutes, is

13  amended to read:

14         336.02  Responsibility for county road system; approval

15  of maps of reservation; designation of prescriptive easement

16  by necessity.--

17         (1)(a)  The commissioners are invested with the general

18  superintendence and control of the county roads and structures

19  within their respective counties, and they may establish new

20  roads, change and discontinue old roads, and keep the roads in

21  good repair in the manner herein provided. They are

22  responsible for establishing the width and grade of such roads

23  and structures in their respective counties.

24         (b)  Commissioners may approve maps of reservation for

25  any transportation facility or transportation corridor within

26  the county's jurisdiction. Any such maps must delineate the

27  limits of the transportation corridor or of the proposed

28  rights-of-way for the eventual widening of an existing or

29  proposed transportation facility. Before approving or

30  disapproving such map, the governing body of the county shall

31  advertise and hold a public hearing and shall notify all

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






    Florida Senate - 2002                                  SB 2000
    5-1555-02                                               See HB




  1  property owners of record within the limits of the

  2  transportation corridor or rights-of-way of the transportation

  3  facility shown on the proposed map, as recorded in the

  4  property appraiser's office, and all local governmental

  5  entities in which the transportation corridor or

  6  transportation facility is located, by mail at least 20 days

  7  prior to the date set for the hearing. If the map is approved

  8  by the governing body of the county, the circuit court clerk

  9  or county clerk, as appropriate, of the affected county shall

10  forthwith record the map in accordance with chapter 177 in the

11  public land records of the county. Minor amendments to such

12  maps may be made by the county after recordation, which

13  amendments are not subject to the notice and public hearing

14  provisions of this section, except that property owners

15  directly affected by changes in a minor amendment and all

16  local governmental entities in which a minor amendment occurs

17  must be notified by mail. Minor amendments are defined as

18  those changes which affect less than 5 percent of the total

19  area within the map.

20         (c)  Any existing road in the unincorporated part of a

21  county which, due to lack of regular maintenance, presents a

22  public safety hazard or impedes access by school buses or law

23  enforcement, fire, or rescue vehicles may be designated by the

24  governing body of the county as a public prescriptive easement

25  by necessity to the extent and width of actual public use,

26  unless the boundaries of such road are described in the public

27  records of the county as being larger in extent or width than

28  the actual public use thereof, in which case such easement

29  shall encompass such boundaries. This designation may be made

30  even though the road has not been formally established as a

31  public right-of-way. Before making such designation, the

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






    Florida Senate - 2002                                  SB 2000
    5-1555-02                                               See HB




  1  governing body of the county shall advertise and hold a public

  2  hearing and shall notify all property owners of record

  3  adjoining the affected road, as recorded in the property

  4  appraiser's office, by mail at least 20 days prior to the date

  5  set for the hearing. If the road is then designated as a

  6  public prescriptive easement by necessity, the circuit court

  7  clerk or county clerk, as appropriate, shall forthwith record

  8  the designation in the official records books of the county,

  9  together with a legal description, to the extent practical, of

10  the road and may also include a resolution providing for the

11  cancellation of delinquent taxes upon the lands comprising

12  such road pursuant to s. 196.28. Upon recording of this

13  designation, the road shall thereafter be a public

14  right-of-way and public funds may be used for the maintenance

15  and improvement thereof, subject to subsections (4) and (5).

16         (2)  Upon recording, such map or designation of

17  prescriptive easement by necessity shall establish a building

18  setback line from the centerline of any transportation

19  facility and an area of proposed right-of-way and shall cite

20  the ordinance which defines building restrictions for such

21  maps.

22         (3)  Prior to filing any map or designation of

23  prescriptive easement by necessity pursuant to this section, a

24  county shall have adopted an ordinance defining the types of

25  restrictions on nonresidential and residential construction

26  within the proposed rights-of-way and building setback lines.

27  In no case, however, shall said ordinance restrict the

28  renovation of an existing residential structure when the cost

29  of the renovation does not exceed 20 percent of the appraised

30  value of the structure.

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    Florida Senate - 2002                                  SB 2000
    5-1555-02                                               See HB




  1         (4)  Upon petition by any property owner of record

  2  within the limits of the map or designation of prescriptive

  3  easement by necessity, alleging that such property regulation

  4  is unreasonable or arbitrary and that its effect is to deny a

  5  substantial portion of the beneficial use of such property,

  6  the county shall hold a hearing. When such a hearing results

  7  in a finding in favor of the petitioning property owner, the

  8  county shall have 180 days from the date of such order to

  9  acquire such property, to amend the map or designation of

10  prescriptive easement by necessity, to withdraw the map or

11  designation of prescriptive easement by necessity, or to file

12  appropriate proceedings, whether in eminent domain, an action

13  to establish prescriptive rights, or otherwise. Either party

14  may seek judicial appellate review.

15         (5)  Upon the failure by the county to acquire such

16  property or to initiate such acquisition proceedings, the

17  appropriate local governmental entity may issue any permit in

18  accordance with its established procedures.

19         Section 2.  This act shall take effect July 1, 2002.

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21            *****************************************

22                       LEGISLATIVE SUMMARY

23
      Provides that a road in the county road system that
24    presents a public hazard or impedes certain emergency
      vehicles may be designated by the county governing body
25    as a public prescriptive easement by necessity on certain
      roads. Provides criteria. Provides for notice and public
26    hearing. Provides procedures. Provides for judicial
      review. (See bill for details.)
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