Senate Bill sb2576c1

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    Florida Senate - 2004                           CS for SB 2576

    By the Committee on Communication and Public Utilities; and
    Senators Sebesta and Lynn




    319-2401-04

  1                      A bill to be entitled

  2         An act relating to roads presumed to be public

  3         highways; amending s. 95.361, F.S.; providing

  4         that provisions governing the circumstances

  5         under which a road is deemed to be dedicated to

  6         the public do not apply to a public utility

  7         facility located on property otherwise subject

  8         to those provisions; providing an effective

  9         date.

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

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13         Section 1.  Section 95.361, Florida Statutes, is

14  amended to read:

15         95.361  Roads presumed to be dedicated.--

16         (1)  When a road, constructed by a county, a

17  municipality, or the Department of Transportation, has been

18  maintained or repaired continuously and uninterruptedly for 4

19  years by the county, municipality, or the Department of

20  Transportation, jointly or severally, the road shall be deemed

21  to be dedicated to the public to the extent in width that has

22  been actually maintained for the prescribed period, whether or

23  not the road has been formally established as a public

24  highway. The dedication shall vest all right, title, easement,

25  and appurtenances in and to the road in:

26         (a)  The county, if it is a county road;

27         (b)  The municipality, if it is a municipal street or

28  road; or

29         (c)  The state, if it is a road in the State Highway

30  System or State Park Road System,

31  

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    Florida Senate - 2004                           CS for SB 2576
    319-2401-04




 1  whether or not there is a record of a conveyance, dedication,

 2  or appropriation to the public use.

 3         (2)  In those instances where a road has been

 4  constructed by a nongovernmental entity, or where the road was

 5  not constructed by the entity currently maintaining or

 6  repairing it, or where it cannot be determined who constructed

 7  the road, and when such road has been regularly maintained or

 8  repaired for the immediate past 7 years by a county, a

 9  municipality, or the Department of Transportation, whether

10  jointly or severally, such road shall be deemed to be

11  dedicated to the public to the extent of the width that

12  actually has been maintained or repaired for the prescribed

13  period, whether or not the road has been formally established

14  as a public highway. The dedication shall vest all rights,

15  title, easement, and appurtenances in and to the road in:

16         (a)  The county, if it is a county road;

17         (b)  The municipality, if it is a municipal street or

18  road; or

19         (c)  The state, if it is a road in the State Highway

20  System or State Park Road System,

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22  whether or not there is a record of conveyance, dedication, or

23  appropriation to the public use.

24         (3)  The filing of a map in the office of the clerk of

25  the circuit court of the county where the road is located

26  showing the lands and reciting on it that the road has vested

27  in the state, a county, or a municipality in accordance with

28  subsection (1) or subsection (2) or by any other means of

29  acquisition, duly certified by:

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    Florida Senate - 2004                           CS for SB 2576
    319-2401-04




 1         (a)  The secretary of the Department of Transportation,

 2  or the secretary's designee, if the road is a road in the

 3  State Highway System or State Park Road System;

 4         (b)  The chair and clerk of the board of county

 5  commissioners of the county, if the road is a county road; or

 6         (c)  The mayor and clerk of the municipality, if the

 7  road is a municipal road or street,

 8  

 9  shall be prima facie evidence of ownership of the land by the

10  state, county, or municipality, as the case may be.

11         (4)  Any person, firm, corporation, or entity having or

12  claiming any interest in and to any of the property affected

13  by subsection (2) shall have and is hereby allowed a period of

14  1 year after the effective date of this subsection, or a

15  period of 7 years after the initial date of regular

16  maintenance or repair of the road, whichever period is

17  greater, to file a claim in equity or with a court of law

18  against the particular governing authority assuming

19  jurisdiction over such property to cause a cessation of the

20  maintenance and occupation of the property. Such timely filed

21  and adjudicated claim shall prevent the dedication of the road

22  to the public pursuant to subsection (2).

23         (5)  This section does not apply to any facility of a

24  public utility which is located on property otherwise subject

25  to this section.

26         Section 2.  This act shall take effect upon becoming a

27  law.

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    Florida Senate - 2004                           CS for SB 2576
    319-2401-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                             SB 2576

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 4  The Committee Substitute for Senate Bill 2576 makes a
    technical correction to existing law.
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