Florida Statute 335.141 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION

Chapter 335
STATE HIGHWAY SYSTEM

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F.S. 335.141

335.141 Regulation of public railroad-highway grade crossings; reduction of hazards.—

(1)(a) The department shall have regulatory authority over all public railroad-highway grade crossings in the state, including the authority to issue permits which shall be required prior to the opening and closing of such crossings.

(b) A “public railroad-highway grade crossing” is a location at which a railroad track is crossed at grade by a public road.

(2)(a) The department, in cooperation with the several railroad companies operating in the state, shall develop and adopt a program for the expenditure of funds available for the construction of projects for the reduction of the hazards at public railroad-highway grade crossings. The department and the railroad companies are not liable for any action or omission in the development of such program or for the priority given to any crossing improvement.

(b) Every railroad company maintaining a public railroad-highway grade crossing shall, upon reasonable notice from the department, install, maintain, and operate at such crossing traffic control devices to provide motorists with warning of the approach of trains. The department shall base its notice on its adopted program for the reduction of hazards at such crossings and on construction efficiency considerations relating to the geographical proximity of crossings included in such program. The design of the traffic control devices must be approved by the department, and the cost of their purchase and installation must be paid from the funds described in paragraph (a).

(c) Any public railroad crossing opened prior to July 1, 1972, shall be maintained by the railroad company at its own expense, unless the maintenance has been provided for in another manner by contractual agreement entered into prior to October 1, 1982. If the railroad company fails to maintain the crossing, the unit of government with jurisdiction over the public road that is crossed, after notifying the railroad company of the needed repairs and after giving the company 30 days after the date of receipt of the notice to make the repairs, shall proceed to make the repairs. The cost of repairs shall thereupon become a lien upon the railroad and its rolling stock, which lien shall be enforceable by an ordinary suit at law. Any judgment rendered under this paragraph shall include a reasonable attorney’s fee.

(d) Prior to commencing the construction, rehabilitation, or maintenance of the railroad grade or highway approaches at a public railroad-highway grade crossing, the railroad company or governmental entity initiating the work shall notify the other party in order to promote the coordination of activities and to ensure a safe crossing with smooth pavement transitions from the grade of the railroad to the highway approaches.

(3) The department is authorized to regulate the speed limits of railroad traffic on a municipal, county, regional, or statewide basis. Such speed limits shall be established by order of the department, which order is subject to the provisions of chapter 120. The department shall have the authority to adopt reasonable rules to carry out the provisions of this subsection. Such rules shall, at a minimum, provide for public input prior to the issuance of any such order.

(4) Jurisdiction to enforce such orders shall be as provided in s. 316.640, and any penalty for violation thereof shall be imposed upon the railroad company guilty of such violation. Nothing herein shall prevent a local governmental entity from enacting ordinances relating to the blocking of streets by railroad engines and cars.

(5) Any local governmental entity or other public or private agency planning a public event, such as a parade or race, that involves the crossing of a railroad track shall notify the railroad as far in advance of the event as possible and in no case less than 72 hours in advance of the event so that the coordination of the crossing may be arranged by the agency and railroad to assure the safety of the railroad trains and the participants in the event.

History.—s. 131, ch. 29965, 1955; s. 1, ch. 63-88; ss. 23, 35, ch. 69-106; s. 1, ch. 72-165; s. 49, ch. 76-31; s. 56, ch. 78-95; s. 2, ch. 82-90; s. 51, ch. 84-309; s. 27, ch. 86-243; s. 1, ch. 88-88; s. 34, ch. 91-221.

Note.—Former s. 338.21.

F.S. 335.141 on Google Scholar

F.S. 335.141 on Casetext

Amendments to 335.141

Arrestable Offenses / Crimes under Fla. Stat. 335.141

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 335.141.

Annotations, Discussions, Cases:

Cases Citing Statute 335.141

Total Results: 20

Department of Transportation v. CSX Transportation, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2013-12-11

Citation: 128 So. 3d 209, 2013 WL 6481129, 2013 Fla. App. LEXIS 19661

Snippet: maintain the crossing under current law. Section 335.141 (2)(c), Florida Statutes (2013), provides, in pertinent

Gratz v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-04-11

Citation: 84 So. 3d 1219, 2012 Fla. App. LEXIS 5465, 2012 WL 1192044

Snippet: omitted). See also Baumgartner v. Joughin, 105 Fla. 335, 141 So. 185, 187 (1932) (“Due process of law in the

Quarantello v. Leroy

Court: District Court of Appeal of Florida | Date Filed: 2008-02-15

Citation: 977 So. 2d 648, 2008 WL 397349

Snippet: certainly knows how to explicitly do so. See, e.g., § 335.141(2)(a), Fla. Stat. (2007) (utilizing the language

Nobles v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-08-30

Citation: 769 So. 2d 1063, 2000 Fla. App. LEXIS 10990, 2000 WL 1224776

Snippet: supreme court in Baumgartner v. Joughin, 105 Fla. 335, 141 So. 185, 187-188 (1932). There, the court concluded

Dennison v. Spears

Court: District Court of Appeal of Florida | Date Filed: 1999-08-18

Citation: 738 So. 2d 514, 1999 Fla. App. LEXIS 11015, 1999 WL 623469

Snippet: 422 (Fla.1977); Baumgartner v. Joughin, 105 Fla. 335, 141 So. 185 (1932); and DeMauro v. State, 632 So.2d

City of Holly Hill v. Department of Transportation

Court: District Court of Appeal of Florida | Date Filed: 1993-06-25

Citation: 621 So. 2d 741, 1993 Fla. App. LEXIS 6738, 1993 WL 221404

Snippet: at-grade railroad crossing pursuant to section 335.141(1), Florida Statutes (1989). The City’s application

In Re Amend. to Fla. Rules of Cr. Proc.

Court: Supreme Court of Florida | Date Filed: 1992-09-24

Citation: 606 So. 2d 227, 1992 WL 246494

Snippet: assistance by counsel. Baumgartner v. Joughin, 105 Fla. 335, 141 So. 185 (1932), adhered to, 107 Fla. 858, 143

Ago

Court: Florida Attorney General Reports | Date Filed: 1985-06-04

Snippet: traffic control devices. Subsection 2(b) of s 335.141, F.S. (1984 Supp.), provides that "[e]very railroad

State Ex Rel. Schwartz v. Lantz

Court: District Court of Appeal of Florida | Date Filed: 1983-11-01

Citation: 440 So. 2d 446

Snippet: follows. See also Baumgartner v. Joughin, 105 Fla. 335, 141 So. 185 (1932). Thus, if the stay order which

Folsom v. Beauchamp

Court: District Court of Appeal of Florida | Date Filed: 1980-06-19

Citation: 385 So. 2d 140, 1980 Fla. App. LEXIS 17020

Snippet: was right. In Baumgartner v. Joughin, 105 Fla. 335, 141 So. 185 (1932), the court discussed the circumstances

Sauls v. State

Court: District Court of Appeal of Florida | Date Filed: 1978-01-24

Citation: 354 So. 2d 435, 1978 Fla. App. LEXIS 15145

Snippet: April, 1976. See: Baumgartner v. Joughin, 105 Fla. 335, 141 So. 185 (1932); Cunningham v. State, 337 So.2d

Dept. of Health and Rehab. Services v. State

Court: District Court of Appeal of Florida | Date Filed: 1976-08-06

Citation: 338 So. 2d 220

Snippet: contemptuous intent. Baumgartner v. Joughin, 105 Fla. 335, 141 So. 185 (1932); Harper v. State, 217 So.2d 591

Sandstrom v. State

Court: District Court of Appeal of Florida | Date Filed: 1975-02-28

Citation: 309 So. 2d 17

Snippet: obstruct justice. Baumgartner v. Joughin, 105 Fla. 335, 141 So. 185, 107 Fla. 858, 143 So. 436. The contemptuous

Hall v. Florida State Department of Public Welfare

Court: District Court of Appeal of Florida | Date Filed: 1969-07-25

Citation: 226 So. 2d 39, 1969 Fla. App. LEXIS 5222

Snippet: So. 446; Baumgartner v. Joughin, 1932, 105 Fla. 335, 141 So. 185; State ex rel. Williams v. Coleman, 1938

Harper v. State

Court: District Court of Appeal of Florida | Date Filed: 1968-11-26

Citation: 217 So. 2d 591

Snippet: So. 275; Baumgartner v. Joughin, 1932, 105 Fla. 335, 141 So. 185. It affirmatively appears without contradiction

Vernell v. State Ex Rel. Gerstein

Court: District Court of Appeal of Florida | Date Filed: 1968-07-02

Citation: 212 So. 2d 11

Snippet: Stat., F.S.A. Baumgartner v. Joughin, 105 Fla. 335, 141 So. 185, 188; Ballengee v. State, Fla.App. 1962

In Re Florida Rules of Criminal Procedure

Court: Supreme Court of Florida | Date Filed: 1967-03-01

Citation: 196 So. 2d 124, 1967 Fla. LEXIS 3956

Snippet: (Fla.App. 1962); Baumgartner v. Joughin, 105 Fla. 335, 141 So. 185; also see State ex rel. Grebstein v. Lehman

Strawder v. State

Court: District Court of Appeal of Florida | Date Filed: 1964-09-09

Citation: 170 So. 2d 327

Snippet: opinion, said: “In Baumgartner v. Joughin, 105 Fla. 335, 141 So. 185, 187, we said: ‘The essential characteristic

Scussel v. Kelly

Court: District Court of Appeal of Florida | Date Filed: 1963-05-02

Citation: 152 So. 2d 767

Snippet: law or fact. Baumgartner v. Joughin, 105 Fla. 335, 141 So. 185; Id., 107 Fla. 858, 143 So. 436; Wilson

Phillips v. State

Court: District Court of Appeal of Florida | Date Filed: 1962-12-04

Citation: 147 So. 2d 163

Snippet: Sullivan, supra; Baumgartner v. Joughin, 105 Fla. 335, 141 So. 185. Applying these principles to the record