1 | The Justice Council recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to transportation access; amending s. |
7 | 704.01, F.S.; revising criteria for establishing a |
8 | statutory way of necessity exclusive of common-law right; |
9 | creating s. 166.0498, F.S.; prohibiting a municipality |
10 | from closing certain roads unless certain conditions are |
11 | complied with; specifying requirements; providing an |
12 | effective date. |
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14 | Be It Enacted by the Legislature of the State of Florida: |
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16 | Section 1. Subsection (2) of section 704.01, Florida |
17 | Statutes, is amended to read: |
18 | 704.01 Common-law and statutory easements defined and |
19 | determined.-- |
20 | (2) STATUTORY WAY OF NECESSITY EXCLUSIVE OF COMMON-LAW |
21 | RIGHT.--Based on public policy, convenience, and necessity, a |
22 | statutory way of necessity exclusive of any common-law right |
23 | exists when any land or portion thereof outside any municipality |
24 | which is being used or desired to be used for a dwelling or |
25 | dwellings or for agricultural or for timber raising or cutting |
26 | or stockraising purposes shall be shut off or hemmed in by |
27 | lands, fencing, or other improvements of other persons so that |
28 | no practicable route of egress or ingress shall be available |
29 | therefrom to the nearest practicable public road or private road |
30 | in which the landlocked owner has vested easement rights. The |
31 | owner or tenant thereof, or anyone in their behalf, lawfully may |
32 | use and maintain an easement for persons, vehicles, stock, |
33 | franchised cable television service, and any utility service, |
34 | including, but not limited to, water, wastewater, reclaimed |
35 | water, natural gas, electricity, and telephone service, over, |
36 | under, through, and upon the lands which lie between the said |
37 | shut-off or hemmed-in lands and such public road or private road |
38 | in which the landlocked owner has vested easement rights by |
39 | means of the nearest practical route, considering the use to |
40 | which said lands are being put; and the use thereof, as |
41 | aforesaid, shall not constitute a trespass; nor shall the party |
42 | thus using the same be liable in damages for the use thereof,; |
43 | provided that such easement shall be used only in an orderly and |
44 | proper manner. |
45 | Section 2. Section 166.0498, Florida Statutes, is created |
46 | to read: |
47 | 166.0498 Closing of a road by a municipality.--A |
48 | municipality may not permanently close a road that crosses into |
49 | or through an adjoining municipality until the following |
50 | conditions have been met: |
51 | (1) The municipality closing the road must adopt an |
52 | ordinance and provide notice to the adjoining municipality of |
53 | the public hearing for the adoption of the ordinance. |
54 | (2) The closure may not leave an area within the adjoining |
55 | municipality with only one means of egress from or ingress into |
56 | the area. |
57 | (3) The closure must be reviewed by each municipality's |
58 | emergency services providers, including, but not limited to, |
59 | police and fire rescue, who must make a determination that the |
60 | road closure will not adversely impact the delivery of such |
61 | emergency services by an entity or adversely impact local or |
62 | regional emergency preparedness, including, but not limited to, |
63 | eliminating potential evacuation routes. |
64 | (4) The municipality that is closing the road must provide |
65 | signage, lighting, other necessary and appropriate safety |
66 | signals for traffic, and paved roundabouts or other turn-around |
67 | capability for all emergency vehicles on both sides of the |
68 | barrier. |
69 | Section 3. This act shall take effect upon becoming a law. |