| 1 | A bill to be entitled |
| 2 | An act relating to the South Indian River Water Control |
| 3 | District, Palm Beach County; amending chapter 2001-313, |
| 4 | Laws of Florida; providing for the dedication of certain |
| 5 | nonpublic roads within the district to the public for |
| 6 | district maintenance; providing requirements for such |
| 7 | dedication; providing for prima facie evidence of district |
| 8 | ownership of a road; exempting certain property of an |
| 9 | electric utility; providing a method of claiming interest |
| 10 | in affected property; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 7 of section 3 of chapter 2001-313, |
| 15 | Laws of Florida, is amended to read: |
| 16 | Section 7. Road maintenance and public dedication |
| 17 | defined.-- |
| 18 | (1) The purchase and placement of stable materials within |
| 19 | the district shall be deemed to constitute road maintenance and |
| 20 | not road construction. |
| 21 | (2) In those instances in which a road within the district |
| 22 | has been constructed by a nongovernmental entity, in which the |
| 23 | district is currently maintaining or repairing the road, or in |
| 24 | which it cannot be determined who constructed the road, and when |
| 25 | such road has been regularly maintained or repaired for the |
| 26 | previous 7 years by the district, or a majority of the |
| 27 | landowners bordering the road consents in writing to district |
| 28 | maintenance of the road, such road shall be deemed to be |
| 29 | dedicated to the public to the extent of the width that actually |
| 30 | has been maintained or repaired for the prescribed period, |
| 31 | whether or not the road has been formally established as a |
| 32 | public highway. This subsection does not apply to an electric |
| 33 | utility as defined in section 366.02(2), Florida Statutes. The |
| 34 | dedication shall vest all rights, title, easement, and |
| 35 | appurtenances in and to the road in the district, whether or not |
| 36 | there is a record of conveyance, dedication, or appropriation to |
| 37 | the public use. |
| 38 | (3) The filing of a map in the office of the clerk of the |
| 39 | circuit court of the county where the road is located showing |
| 40 | the lands and reciting on such map that the road has vested in |
| 41 | the district in accordance with this act duly certified by the |
| 42 | chair and secretary of the district shall be prima facie |
| 43 | evidence of ownership of the road by the district. |
| 44 | (4) Any person, firm, corporation, or entity having or |
| 45 | claiming any interest in and to any of the property affected by |
| 46 | subsection (2) shall have a period of 1 year after the effective |
| 47 | date of this subsection, or a period of 7 years after the |
| 48 | initial date of regular maintenance or repair of the road, |
| 49 | whichever period is greater, to file a claim in equity or with a |
| 50 | court of law against the particular governing authority assuming |
| 51 | jurisdiction over such property to cause a cessation of the |
| 52 | maintenance and occupation of the property. Such timely filed |
| 53 | and adjudicated claim shall prevent the dedication of the road |
| 54 | to the public pursuant to subsection (2). |
| 55 | (5) This section does not apply to any facility of an |
| 56 | electric utility that is located on property otherwise subject |
| 57 | to this section. |
| 58 | Section 2. This act shall take effect upon becoming a law. |