Florida Statute 335.0415 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION

Chapter 335
STATE HIGHWAY SYSTEM

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F.S. 335.0415

335.0415 Public road jurisdiction and transfer process.—

(1) The jurisdiction of public roads and the responsibility for operation and maintenance within the right-of-way of any road within the state, county, and municipal road system shall be that which existed on June 10, 1995.

(2) Notwithstanding any provision of law to the contrary, any change of the jurisdiction of a public road subsequent to July 1, 1995, shall be governed by the provisions set out herein.

(3) Public roads may be transferred between jurisdictions only by mutual agreement of the affected governmental entities.

(4) Decisions to transfer public roads to or from the State Highway System which occur after July 1, 1995, shall be based upon the consideration of criteria including but not limited to the following:

(a) National defense needs;

(b) Travel to and through urban areas;

(c) Access to intermodal facilities including but not limited to airports, seaports, major terminals and transfer points;

(d) Access to regional public facilities; and

(e) Disaster preparedness and emergency evacuation.

(5) In order to take effect, all transfers of public roads to or from the State Highway System must be by mutual agreement of the affected governmental entities and approved by the secretary of the Department of Transportation.

History.—s. 34, ch. 95-257; s. 14, ch. 97-280; s. 316, ch. 99-248; s. 2, ch. 99-250; s. 16, ch. 99-385.

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Amendments to 335.0415

Arrestable Offenses / Crimes under Fla. Stat. 335.0415

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 335.0415.

Annotations, Discussions, Cases:

Cases Citing Statute 335.0415

Total Results: 4

Kirkland v. City of Lakeland

Court: Fla. Dist. Ct. App. | Date Filed: 2009-02-04T00:00:00-08:00

Citation: 3 So. 3d 398

Snippet: County. Finally, the Kirklands argue that section 335.0415, Florida Statutes (2007), which addresses the …completed. We reject the argument that section 335.0415 regulates a county or municipality's powers

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Court: Fla. Att'y Gen. | Date Filed: 2008-09-24T00:53:00-07:00

Snippet: questions, they will be answered together. Section 335.0415, Florida Statutes, relating to the jurisdiction…You state that at the time of passage of section 335.0415 (then numbered as section 335.041, Florida Statutes…act which created section 335.041 (now section 335.0415, Florida Statutes).4 It would not, however, appear…responsibility as of the effective date of section 335.0415, Florida Statutes, such responsibility is retained…Court of Appeal construed sections 335.04(2) and 335.0415(1), Florida Statutes, together and determined

Broward County v. City of Sunrise

Court: Fla. Dist. Ct. App. | Date Filed: 2001-12-19T00:00:00-08:00

Citation: 805 So. 2d 46

Snippet: repealed section 335.04. It was replaced with section 335.0415 which stated, in pertinent part, that “jurisdiction…shall be that which existed on *49July 1, 1995.” § 335.0415(1), Fla. Stat. (1995). On May 30, 1998, Abbott…City. Construed together, sections 335.04(2) and 335.0415(1) demonstrate that if any entity has responsibility…responsibility for the sidewalks does not transfer. Section 335.0415(1) safeguards against any possible retroactive

City of Edgewood v. MCR Development Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1999-06-18T00:00:00-07:00

Citation: 734 So. 2d 588

Snippet: injunction was based on its interpretation of section 335.0415, Florida Statutes (1995) which provides in pertinent