Florida Statute 95.361 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VIII
LIMITATIONS

Chapter 95
LIMITATIONS OF ACTIONS; ADVERSE POSSESSION

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F.S. 95.361

95.361 Roads presumed to be dedicated.—

(1) When a road, constructed by a county, a municipality, or the Department of Transportation, has been maintained or repaired continuously and uninterruptedly for 4 years by the county, municipality, or the Department of Transportation, jointly or severally, the road shall be deemed to be dedicated to the public to the extent in width that has been actually maintained for the prescribed period, whether or not the road has been formally established as a public highway. The dedication shall vest all right, title, easement, and appurtenances in and to the road in:

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

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

whether or not there is a record of a conveyance, dedication, or appropriation to the public use.

(2) In those instances where a road has been constructed by a nongovernmental entity, or where the road was not constructed by the entity currently maintaining or repairing it, or where it cannot be determined who constructed the road, and when such road has been regularly maintained or repaired for the immediate past 7 years by a county, a municipality, or the Department of Transportation, whether jointly or severally, such road shall be deemed to be dedicated to the public to the extent of the width that actually has been maintained or repaired for the prescribed period, whether or not the road has been formally established as a public highway. This subsection shall not apply to an electric utility, as defined in s. 366.02(4). The dedication shall vest all rights, title, easement, and appurtenances in and to the road in:

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

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

whether or not there is a record of conveyance, dedication, or appropriation to the public use.

(3) The filing of a map in the office of the clerk of the circuit court of the county where the road is located showing the lands and reciting on it that the road has vested in the state, a county, or a municipality in accordance with subsection (1) or subsection (2) or by any other means of acquisition, duly certified by:

(a) The secretary of the Department of Transportation, or the secretary’s designee, if the road is a road in the State Highway System or State Park Road System;

(b) The chair and clerk of the board of county commissioners of the county, if the road is a county road; or

shall be prima facie evidence of ownership of the land by the state, county, or municipality, as the case may be.

(4) Any person, firm, corporation, or entity having or claiming any interest in and to any of the property affected by subsection (2) shall have and is hereby allowed a period of 1 year after the effective date of this subsection, or a period of 7 years after the initial date of regular maintenance or repair of the road, whichever period is greater, to file a claim in equity or with a court of law against the particular governing authority assuming jurisdiction over such property to cause a cessation of the maintenance and occupation of the property. Such timely filed and adjudicated claim shall prevent the dedication of the road to the public pursuant to subsection (2).

(5) This section does not apply to any facility of an electric utility which is located on property otherwise subject to this section.

History.—s. 110, ch. 29965, 1955; ss. 23, 35, ch. 69-106; s. 23, ch. 74-382; s. 1, ch. 77-174; s. 3, ch. 88-168; s. 529, ch. 95-147; s. 54, ch. 2003-286; s. 14, ch. 2004-366; s. 4, ch. 2022-4.

Note.—Former s. 337.31.

F.S. 95.361 on Google Scholar

F.S. 95.361 on Casetext

Amendments to 95.361

Arrestable Offenses / Crimes under Fla. Stat. 95.361

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 95.361.

Annotations, Discussions, Cases:

Cases Citing Statute 95.361

Total Results: 20

1000 BRICKELL, LTD., etc. v. CITY OF MIAMI

Court: District Court of Appeal of Florida | Date Filed: 2022-06-08

Snippet: Nussbaum, 175 So. 2d 231 (Fla. 2d DCA 1965); §95.361, Fla. Stat. (1974); John S. Burton and Herbert

1000 BRICKELL, LTD., etc. v. CITY OF MIAMI

Court: District Court of Appeal of Florida | Date Filed: 2022-04-13

Snippet: Nussbaum, 175 So. 2d 231 (Fla. 2d DCA 1965); §95.361, Fla. Stat. (1974); John S. Burton and Herbert

JOSEPH LEHMANN AND THERESE LEHMANN v. COCOANUT BAYOU ASSOCIATION, INC.

Court: District Court of Appeal of Florida | Date Filed: 2019-04-05

Citation: 269 So. 3d 599

Snippet: his or her title in the underlying land. See § 95.361, Fla. Stat. (2018) (expressing the current mechanism

William E. Campbell and Flora D. Campbell v. State of Florida Department of Transportation

Court: District Court of Appeal of Florida | Date Filed: 2019-03-28

Citation: 267 So. 3d 541

Snippet: Florida Department of Transportation under section 95.361, Florida Statutes. We affirm.

Pelican Creek v. Pulverenti

Court: District Court of Appeal of Florida | Date Filed: 2018-01-29

Citation: 243 So. 3d 467

Snippet: dedication divests the owner of title to the land. § 95.361, Fla. Stat. (2016). A statutory dedication can

John Mathers and Brenda Mathers v. Wakulla County, a political subdivision etc.

Court: District Court of Appeal of Florida | Date Filed: 2017-05-02

Citation: 219 So. 3d 140, 2017 WL 1655252, 2017 Fla. App. LEXIS 6121

Snippet: trial court erred in its application of section 95.361(2), Florida Statutes. Because acceptance is not

Ago

Court: Florida Attorney General Reports | Date Filed: 2010-06-07

Snippet: substantially the following question: Whether section 95.361, Florida Statutes, may be utilized to establish

CHACKAL v. Staples

Court: District Court of Appeal of Florida | Date Filed: 2008-10-22

Citation: 991 So. 2d 949, 2008 WL 4146794

Snippet: owned by Palm Beach County pursuant to section 95.361, Florida Statutes (2001). Having carefully considered

Charity v. Sarasota County

Court: District Court of Appeal of Florida | Date Filed: 2007-05-25

Citation: 956 So. 2d 1250, 2007 Fla. App. LEXIS 8173, 2007 WL 1518833

Snippet: road dedication statute, as codified in section 95.361, Florida Statutes. The Property Owners argued that

Pasco v. City of Oldsmar

Court: District Court of Appeal of Florida | Date Filed: 2007-04-20

Citation: 953 So. 2d 766, 2007 WL 1159711

Snippet: presumed to be dedicated to the City under section 95.361(1), Florida Statutes (2004). That statute provides

Underwood v. Columbia County

Court: District Court of Appeal of Florida | Date Filed: 2004-03-22

Citation: 868 So. 2d 1225, 2004 Fla. App. LEXIS 3530, 2004 WL 546786

Snippet: operation of the state dedication statute. See § 95.361, Florida Statutes (2002).1 Following a bench trial

Hancock v. Tipton

Court: District Court of Appeal of Florida | Date Filed: 1999-02-19

Citation: 732 So. 2d 369, 1999 WL 76132

Snippet: itself. See Star Island, 433 So.2d at 1003. Section 95.361(1), Florida Statutes (1995), sets out the requirements

Ago

Court: Florida Attorney General Reports | Date Filed: 1998-12-28

Snippet: dedication to the public by operation of law under s. 95.361(1), Fla. Stat.; or by common law dedication of

State, Department of Transportation v. James

Court: District Court of Appeal of Florida | Date Filed: 1996-10-23

Citation: 681 So. 2d 886, 1996 Fla. App. LEXIS 11088, 1996 WL 603654

Snippet: affirmative defense of ownership based on section 95.361, Florida Statutes (1993).1 During the February

Ago

Court: Florida Attorney General Reports | Date Filed: 1996-10-09

Snippet: dedication, eminent domain or purchase. See, e.g., s. 95.361, Fla. Stat., providing for statutory dedication

Williams v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-09-11

Citation: 695 So. 2d 731, 1996 Fla. App. LEXIS 10312, 1996 WL 511516

Snippet: appellant’s sentence in Circuit Court Case No. 95-361. AFFIRMING the judgment, VACATING the sentences

LENNAR FLA. HOLDINGS v. First Family Bank

Court: District Court of Appeal of Florida | Date Filed: 1995-09-01

Citation: 660 So. 2d 1122, 1995 Fla. App. LEXIS 9257, 1995 WL 516440

Snippet: FIRST FAMILY BANK, etc., et al., Respondent. No. 95-361. District Court of Appeal of Florida, Fifth District

SE SEMINOLE CIVIC ASS'N v. Adkins

Court: District Court of Appeal of Florida | Date Filed: 1992-07-17

Citation: 604 So. 2d 523, 1992 WL 163937

Snippet: dedication (as opposed to a statutory dedication, see §§ 95.361, 177.081, Fla. Stat.). The plaintiffs non-Member

Ward v. State, Department of Transportation

Court: District Court of Appeal of Florida | Date Filed: 1991-06-25

Citation: 584 So. 2d 25, 1991 Fla. App. LEXIS 5984

Snippet: question. The Department asserted that under section 95.361, Florida Statutes (1989), and its predecessors

Darley v. Marquee Enterprises, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1990-05-23

Citation: 565 So. 2d 715, 1990 WL 67299

Snippet: the premises. Appellant argues that under section 95.361(1), Florida Statutes (1987), the parking lot roadway