Florida Statutes
Fla. Stat. § 335.0415 (2025)
Public road jurisdiction and transfer process.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 3
cases, 1999–2009 · leading case: Broward Cnty. v. City of Sunrise, 805 So. 2d 46 (Fla. 4th DCA 2001).
Broward Cnty. v. City of Sunrise, 805 So. 2d 46 (Fla. 4th DCA 2001). “It was replaced with section 335.0415 which stated, in pertinent part, that “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…”
Kirkland v. City of Lakeland, 3 So. 3d 398 (Fla. 2d DCA 2009). “Finally, the Kirklands argue that section 335.0415, Florida Statutes (2007), which addresses the jurisdiction of the state, county, and municipal governments over public roads, is applicable to this case and prevents the City from taking land for a road that the Kirklands…”
City of Edgewood v. MCR Dev. Co., 734 So. 2d 588 (Fla. 5th DCA 1999). “The trial court’s action in dissolving the temporary injunction was based on its interpretation of section 335.0415, Florida Statutes (1995) which provides in pertinent part: The jurisdiction of public roads .”
— 335.0415(1) — 1 case
Broward Cnty. v. City of Sunrise, 805 So. 2d 46 (Fla. 4th DCA 2001). “It was replaced with section 335.0415 which stated, in pertinent part, that “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…”
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