| 1 | The Transportation Committee 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 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 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 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 |
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| 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 |
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| 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. |