Florida Statute 95.361 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 95.361

Annotations, Discussions, Cases:

Cases Citing Statute 95.361

Total Results: 38

Dowdell v. City of Apopka

698 F.2d 1181, 36 Fed. R. Serv. 2d 72

Court of Appeals for the Eleventh Circuit | Filed: Feb 28, 1983 | Docket: 66192860

Cited 21 times | Published

to the City of Apopka by operation of Fla.Stat. § 95.361. See 511 F.Supp. at 1379. The city claims that

Johnson v. City of Arcadia, Fla.

450 F. Supp. 1363, 1978 U.S. Dist. LEXIS 18832

District Court, M.D. Florida | Filed: Mar 23, 1978 | Docket: 1401322

Cited 16 times | Published

as a public highway or not."[3] Fla.Stat.Ann. § 95.361 (1976) 26. Furthermore, municipal services normally

Bonifay v. Dickson

459 So. 2d 1089

District Court of Appeal of Florida | Filed: Nov 1, 1984 | Docket: 1683264

Cited 14 times | Published

and user of the whole for highway purposes. Section 95.361, Florida Statutes (1977), which establishes

Hancock v. Tipton

732 So. 2d 369, 1999 WL 76132

District Court of Appeal of Florida | Filed: Feb 19, 1999 | Docket: 460380

Cited 13 times | Published

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

Dowdell v. City of Apopka, Fla.

511 F. Supp. 1375, 1981 U.S. Dist. LEXIS 9519

District Court, M.D. Florida | Filed: Apr 22, 1981 | Docket: 2385474

Cited 12 times | Published

period. Accordingly, by operation of Fla.Stat. § 95.361, the streets are deemed dedicated to the City

Star Island Assoc. v. City of St. Petersburg Beach

433 So. 2d 998

District Court of Appeal of Florida | Filed: May 27, 1983 | Docket: 1727436

Cited 10 times | Published

for a statutory dedication are contained in section 95.361(1), Florida Statutes (1981). That section provides

Hodges v. City of Winter Park

433 So. 2d 1257

District Court of Appeal of Florida | Filed: Jun 23, 1983 | Docket: 1727562

Cited 8 times | Published

840 (Fla. 1st DCA 1978), and section 95.361, Florida Statutes. Section 95.361(1), Florida Statutes (1975)

CHACKAL v. Staples

991 So. 2d 949, 2008 WL 4146794

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 1399462

Cited 7 times | Published

property is owned by Palm Beach County pursuant to section 95.361, Florida Statutes (2001). Having carefully

Suwannee County v. Garrison

417 So. 2d 1070

District Court of Appeal of Florida | Filed: Jul 29, 1982 | Docket: 1383196

Cited 7 times | Published

vested in the County under the provisions of Section 95.361, Florida Statutes.[2] We agree with the County's

St. Joe Paper Co. v. St. Johns County

383 So. 2d 915

District Court of Appeal of Florida | Filed: May 9, 1980 | Docket: 457405

Cited 7 times | Published

the property of appellee under Florida Statutes, § 95.361, which is, in pertinent part, as follows: "(1)

City of Live Oak v. Arnold

468 So. 2d 410, 10 Fla. L. Weekly 1060, 1985 Fla. App. LEXIS 13731

District Court of Appeal of Florida | Filed: Apr 25, 1985 | Docket: 1725426

Cited 6 times | Published

the ordinances of the city as well as under Section 95.361, Florida Statutes (1979), the road dedication

Pasco v. City of Oldsmar

953 So. 2d 766, 2007 WL 1159711

District Court of Appeal of Florida | Filed: Apr 20, 2007 | Docket: 1317373

Cited 5 times | Published

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

In Re Jackson

169 B.R. 742, 8 Fla. L. Weekly Fed. B 125, 1994 Bankr. LEXIS 1049, 1994 WL 374482

United States Bankruptcy Court, N.D. Florida | Filed: Jun 17, 1994 | Docket: 1427228

Cited 4 times | Published

the County by statutory dedication pursuant to § 95.361, Fla.Stat., and that contiguity is thereby destroyed

Balbier v. City of Deerfield Beach

408 So. 2d 764

District Court of Appeal of Florida | Filed: Jan 13, 1982 | Docket: 1449982

Cited 4 times | Published

the right-of-way pursuant to the authority of Section 95.361, Florida Statutes (1979), since it has maintained

Genet v. City of Hollywood

400 So. 2d 787

District Court of Appeal of Florida | Filed: Jun 10, 1981 | Docket: 1263567

Cited 4 times | Published

late 1920's, or a presumed dedication under Section 95.361, Florida Statutes (1977), because of the City's

Darley v. Marquee Enterprises, Inc.

565 So. 2d 715, 1990 WL 67299

District Court of Appeal of Florida | Filed: May 23, 1990 | Docket: 1403849

Cited 3 times | Published

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

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

267 So. 3d 541

District Court of Appeal of Florida | Filed: Mar 28, 2019 | Docket: 14819612

Cited 2 times | Published

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

Hughes v. Town of Mexico Beach

455 So. 2d 566, 9 Fla. L. Weekly 1852, 1984 Fla. App. LEXIS 14861

District Court of Appeal of Florida | Filed: Aug 28, 1984 | Docket: 1316441

Cited 2 times | Published

ownership by any governmental authority under Section 95.361, Florida Statutes (1983).[1] Appellee, on the

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

269 So. 3d 599

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 14883384

Cited 1 times | Published

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

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

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

District Court of Appeal of Florida | Filed: May 2, 2017 | Docket: 6057375

Cited 1 times | Published

the trial court erred in its application of section 95.361(2), Florida Statutes. Because acceptance is

Heidi H. Boothe v. Manatee County, Florida, Florida Dept. Of Transportation, Intervenor-Appellee

812 F.2d 1372

Court of Appeals for the Eleventh Circuit | Filed: Apr 29, 1987 | Docket: 973836

Cited 1 times | Published

constitutionality of Fla.Stat. *1373 Ann. § 95.361 (West 1982) which provides in relevant part as

Pelican Creek v. Pulverenti

243 So. 3d 467

District Court of Appeal of Florida | Filed: Jan 29, 2018 | Docket: 6300768

Published

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

Ago

Florida Attorney General Reports | Filed: Jun 7, 2010 | Docket: 3256560

Published

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

Charity v. Sarasota County

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

District Court of Appeal of Florida | Filed: May 25, 2007 | Docket: 64850805

Published

Florida’s road dedication statute, as codified in section 95.361, Florida Statutes. The Property Owners argued

Underwood v. Columbia County

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

District Court of Appeal of Florida | Filed: Mar 22, 2004 | Docket: 64829063

Published

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

State, Department of Transportation v. James

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

District Court of Appeal of Florida | Filed: Oct 23, 1996 | Docket: 64768476

Published

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

Ward v. State, Department of Transportation

584 So. 2d 25, 1991 Fla. App. LEXIS 5984, 1991 WL 110876

District Court of Appeal of Florida | Filed: Jun 25, 1991 | Docket: 64660802

Published

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

Santa Rosa County v. Wicks

535 So. 2d 349, 13 Fla. L. Weekly 2753, 1988 Fla. App. LEXIS 5571, 1988 WL 134439

District Court of Appeal of Florida | Filed: Dec 19, 1988 | Docket: 64639188

Published

had been dedicated to the public pursuant to section 95.361, Florida Statutes, and that the closing of

Lee v. Calhoun County

532 So. 2d 43, 13 Fla. L. Weekly 2220, 1988 Fla. App. LEXIS 4256, 1988 WL 97968

District Court of Appeal of Florida | Filed: Sep 27, 1988 | Docket: 64637465

Published

that the road is a county road pursuant to section 95.361, Florida Statutes.1 We hold that the trial

Sun Plaza West Development Corp. v. City of Holmes Beach

465 So. 2d 542, 10 Fla. L. Weekly 343, 1985 Fla. App. LEXIS 14087

District Court of Appeal of Florida | Filed: Feb 8, 1985 | Docket: 64610676

Published

Beach claimed title through the application of section 95.361, Florida Statutes (1983),2 and a subsequent

Hudson Farms Citrus & Cattle v. DeSoto County

456 So. 2d 511, 9 Fla. L. Weekly 1911, 1984 Fla. App. LEXIS 14942

District Court of Appeal of Florida | Filed: Sep 5, 1984 | Docket: 64607011

Published

counterclaim asserting ownership of roads under Section 95.361, Florida Statutes (1983). The county filed

Osceola County v. Castelli

435 So. 2d 417, 1983 Fla. App. LEXIS 21779

District Court of Appeal of Florida | Filed: Aug 4, 1983 | Docket: 64598561

Published

which passes through their property. We affirm. Section 95.361, Florida Statutes (1981), provides that a county

Division of Administration, State, Department of Transportation v. Ideal Holding Co.

427 So. 2d 392, 1983 Fla. App. LEXIS 19149

District Court of Appeal of Florida | Filed: Mar 9, 1983 | Docket: 64595319

Published

proscriptive easement or (c) maintenance pursuant to Section 95.361, Florida Statutes (1981). The evidence establishes

Weekley v. Santa Rosa County

384 So. 2d 44, 1980 Fla. App. LEXIS 16863

District Court of Appeal of Florida | Filed: May 23, 1980 | Docket: 64576390

Published

that the County acquired, by compliance with Section 95.361(1), Florida Statutes (1979), the dedicated

Madden v. Florala Telephone Co.

362 So. 2d 475, 1978 Fla. App. LEXIS 17236

District Court of Appeal of Florida | Filed: Sep 21, 1978 | Docket: 64566027

Published

purported to show compliance with the requirements of § 95.361, Florida Statutes (1975), which provides in pertinent

Continental Ins. Co. v. Belflower

355 So. 2d 840, 1978 Fla. App. LEXIS 15424

District Court of Appeal of Florida | Filed: Feb 22, 1978 | Docket: 64563158

Published

occurred was a county road under Florida *841Statute § 95.361. The evidence presented here was substantially

Premer v. State, Department of Transportation

346 So. 2d 1219, 1977 Fla. App. LEXIS 16010

District Court of Appeal of Florida | Filed: May 24, 1977 | Docket: 64559052

Published

together. Applicable were Section 337.31 (now section 95.361, Florida Statutes 1975) under which the State

Campanella v. Shuford

336 So. 2d 1257, 1976 Fla. App. LEXIS 15448

District Court of Appeal of Florida | Filed: Sep 20, 1976 | Docket: 64554940

Published

for more than the four-year prescriptive period, § 95.361, F.S.1975, to a width “set forth in the deposition