HB 0351CS

CHAMBER ACTION




1The Justice Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to transportation access; amending s.
7704.01, F.S.; revising criteria for establishing a
8statutory way of necessity exclusive of common-law right;
9creating s. 166.0498, F.S.; prohibiting a municipality
10from closing certain roads unless certain conditions are
11complied with; specifying requirements; providing an
12effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Subsection (2) of section 704.01, Florida
17Statutes, is amended to read:
18     704.01  Common-law and statutory easements defined and
19determined.--
20     (2)  STATUTORY WAY OF NECESSITY EXCLUSIVE OF COMMON-LAW
21RIGHT.--Based on public policy, convenience, and necessity, a
22statutory way of necessity exclusive of any common-law right
23exists when any land or portion thereof outside any municipality
24which is being used or desired to be used for a dwelling or
25dwellings or for agricultural or for timber raising or cutting
26or stockraising purposes shall be shut off or hemmed in by
27lands, fencing, or other improvements of other persons so that
28no practicable route of egress or ingress shall be available
29therefrom to the nearest practicable public road or private road
30in which the landlocked owner has vested easement rights. The
31owner or tenant thereof, or anyone in their behalf, lawfully may
32use and maintain an easement for persons, vehicles, stock,
33franchised cable television service, and any utility service,
34including, but not limited to, water, wastewater, reclaimed
35water, natural gas, electricity, and telephone service, over,
36under, through, and upon the lands which lie between the said
37shut-off or hemmed-in lands and such public road or private road
38in which the landlocked owner has vested easement rights by
39means of the nearest practical route, considering the use to
40which said lands are being put; and the use thereof, as
41aforesaid, shall not constitute a trespass; nor shall the party
42thus using the same be liable in damages for the use thereof,;
43provided that such easement shall be used only in an orderly and
44proper manner.
45     Section 2.  Section 166.0498, Florida Statutes, is created
46to read:
47     166.0498  Closing of a road by a municipality.--A
48municipality may not permanently close a road that crosses into
49or through an adjoining municipality until the following
50conditions have been met:
51     (1)  The municipality closing the road must adopt an
52ordinance and provide notice to the adjoining municipality of
53the public hearing for the adoption of the ordinance.
54     (2)  The closure may not leave an area within the adjoining
55municipality with only one means of egress from or ingress into
56the area.
57     (3)  The closure must be reviewed by each municipality's
58emergency services providers, including, but not limited to,
59police and fire rescue, who must make a determination that the
60road closure will not adversely impact the delivery of such
61emergency services by an entity or adversely impact local or
62regional emergency preparedness, including, but not limited to,
63eliminating potential evacuation routes.
64     (4)  The municipality that is closing the road must provide
65signage, lighting, other necessary and appropriate safety
66signals for traffic, and paved roundabouts or other turn-around
67capability for all emergency vehicles on both sides of the
68barrier.
69     Section 3.  This act shall take effect upon becoming a law.


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