CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
...y and county are in disagreement as to which entity is responsible for maintenance of sidewalks and medians appurtenant to county roads located within the city limits. Due to the interrelated nature of your questions, they will be answered together. Section 335.0415 , Florida Statutes, relating to the jurisdiction of public roads provides: "(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....
...If there has been a transfer of jurisdiction, however, subsequent to June 10, 1995, both local jurisdictions must mutually agree and it would appear prudent that the local jurisdictions address the responsibility for the maintenance of sidewalks and the median in such an agreement. You state that at the time of passage of section 335.0415 (then numbered as section 335.041, Florida Statutes), 1 section 335.04(2), Florida Statues (1993), designated local responsibility for the operation and maintenance of roads under a local government's jurisdiction as follows: "The de...
...stems: the State Highway System; the State Park Road System; the county road system; and the city street system. 3 I would note that section 335.04, Florida Statutes (1993), was repealed by the same legislative act which created section 335.041 (now section 335.0415 , Florida Statutes)....
...While not directly on point, the court's discussion in Broward County v. City of Sunrise, Florida, Abbott Vanbacker, and Bell South Telecommunications, Inc. , 8 provides support for concluding that when the city has sidewalk maintenance responsibility as of the effective date of section 335.0415 , Florida Statutes, such responsibility is retained and continues relative to a county road that passes through the city's jurisdiction. The case involved entry of a summary judgment against Broward County making the county responsible for the sidewalk on a county road located within the city. The Fourth District Court of Appeal construed sections 335.04(2) and 335.0415 (1), Florida Statutes, together and determined that the city was responsible for the sidewalk, since the city had maintenance responsibility before July 1, 1995, and such responsibility remained with the city pursuant to section 335.0415 (1), Florida Statutes. There is no evidence in the plain language of the statute or in the legislative history accompanying passage of section 335.0415 , Florida Statutes, that would alter the city's responsibility for the maintenance of sidewalks located within its jurisdiction, regardless of when they are constructed....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 8194, 1999 WL 397141
...This particular section of Holden Avenue was annexed by Edgewood on December 7, 1995. This stretch of the avenue also serves as the boundary between unincorporated Orange County and Edgewood. 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 ......
CopyPublished | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 764, 2009 WL 284729
...We are not convinced in light of the interlocal agreement that the City was required to establish a public purpose that was exclusively or even primarily a municipal purpose of the City, as contrasted to a public purpose benefitting both the City and Polk County. 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 maintain must be under the jurisdiction of Polk County after it is completed. We reject the argument that section 335.0415 regulates a county or municipality's powers of eminent domain....
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 17884, 2001 WL 1614006
...(1993) (emphasis added). In 1982, the Department of Transportation (DOT) classified West Oakland Park Boulevard as a county road and the street was transferred from the City to the County. In 1995, the Legislature repealed section 335.04. 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 *49 July 1, 1995.” § 335.0415(1), Fla....
...The trial court agreed and granted the City’s motion. The County appeals that ruling and contends that genuine issues of fact exist regarding which entity had maintenance responsibility. We agree and reverse summary judgment in favor of the City. Construed together, sections 335.04(2) and 335.0415(1) demonstrate that if any entity has responsibility for the sidewalk, it is the City. Section 335.04(2) specifically states that when property is classified, maintenance responsibility for the sidewalks does not transfer. Section 335.0415(1) safeguards against any possible retroactive application....
