Florida Statute 336.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION

Chapter 336
COUNTY ROAD SYSTEM

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F.S. 336.02

336.02 Responsibility for county road system; approval of maps of reservation.—

(1)(a) The commissioners are invested with the general superintendence and control of the county roads and structures within their respective counties, and they may establish new roads, change and discontinue old roads, and keep the roads in good repair in the manner herein provided. They are responsible for establishing the width and grade of such roads and structures in their respective counties.

(b) Commissioners may approve maps of reservation for any transportation facility or transportation corridor within the county’s jurisdiction. Any such maps must delineate the limits of the transportation corridor or of the proposed rights-of-way for the eventual widening of an existing or proposed transportation facility. Before approving or disapproving such map, the governing body of the county shall advertise and hold a public hearing and shall notify all property owners of record within the limits of the transportation corridor or rights-of-way of the transportation facility shown on the proposed map, as recorded in the property appraiser’s office, and all local governmental entities in which the transportation corridor or transportation facility is located, by mail at least 20 days prior to the date set for the hearing. If the map is approved by the governing body of the county, the circuit court clerk or county clerk, as appropriate, of the affected county shall forthwith record the map in accordance with chapter 177 in the public land records of the county. Minor amendments to such maps may be made by the county after recordation, which amendments are not subject to the notice and public hearing provisions of this section, except that property owners directly affected by changes in a minor amendment and all local governmental entities in which a minor amendment occurs must be notified by mail. Minor amendments are defined as those changes which affect less than 5 percent of the total area within the map.

(2) Upon recording, such map shall establish a building setback line from the centerline of any transportation facility and an area of proposed right-of-way and shall cite the ordinance which defines building restrictions for such maps.

(3) Prior to filing any map pursuant to this section, a county shall have adopted an ordinance defining the types of restrictions on nonresidential and residential construction within the proposed rights-of-way and building setback lines. In no case, however, shall said ordinance restrict the renovation of an existing residential structure when the cost of the renovation does not exceed 20 percent of the appraised value of the structure.

(4) Upon petition by any property owner of record within the limits of the map, alleging that such property regulation is unreasonable or arbitrary and that its effect is to deny a substantial portion of the beneficial use of such property, the county shall hold a hearing. When such a hearing results in a finding in favor of the petitioning property owner, the county shall have 180 days from the date of such order to acquire such property, to amend the map, to withdraw the map, or to file appropriate proceedings. Either party may seek appellate review.

(5) Upon the failure by the county to acquire such property or to initiate acquisition proceedings, the appropriate local governmental entity may issue any permit in accordance with its established procedures.

History.—s. 42, ch. 29965, 1955; s. 1, ch. 57-776; s. 61, ch. 84-309; s. 2, ch. 86-47; s. 13, ch. 88-168.

F.S. 336.02 on Google Scholar

F.S. 336.02 on Casetext

Amendments to 336.02

Arrestable Offenses / Crimes under Fla. Stat. 336.02

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 336.02.

Annotations, Discussions, Cases:

Cases Citing Statute 336.02

Total Results: 20

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Court: Florida Attorney General Reports | Date Filed: 2001-08-21

Snippet: powers, to provide for and regulate roads.3 Section 336.02, Florida Statutes, a section of the Florida Transportation

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Court: Florida Attorney General Reports | Date Filed: 1997-11-26

Snippet: maintenance, and development of such roads. Section 336.02, Florida Statutes, specifically vests responsibility

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Court: Florida Attorney General Reports | Date Filed: 1995-10-06

Snippet: and (r), and (3), Fla. Stat. (1993). And see, s. 336.02, Fla. Stat. (1993), vesting in the boards of county

State v. Family Bank of Hallandale

Court: District Court of Appeal of Florida | Date Filed: 1995-08-31

Citation: 667 So. 2d 257, 1995 WL 511579

Snippet: added). Accord Restatement (Second) of Contracts § 336(2) (1981) ("The right of an assignee is subject to

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Court: Florida Attorney General Reports | Date Filed: 1994-03-11

Snippet: 335 So.2d 815, 817 (Fla. 1976). 6 See, section 336.02, Florida Statutes (1993), providing that the county

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Court: Florida Attorney General Reports | Date Filed: 1993-03-25

Snippet: provision in search of a different meaning). 4 See, s. 336.02(1)(a), F.S. See also, s. 334.01(7), F.S., defining

Ecological Development, Inc. v. Walton County

Court: District Court of Appeal of Florida | Date Filed: 1990-03-16

Citation: 558 So. 2d 1069, 1990 Fla. App. LEXIS 1744, 1990 WL 28172

Snippet: superintendence and control” of the roads under section 336.02. Accordingly, we agree with Ecological Development

Bd. of Monroe Cty. Com'rs v. Dept. of Community Affairs

Court: District Court of Appeal of Florida | Date Filed: 1990-01-30

Citation: 560 So. 2d 240, 1990 Fla. App. LEXIS 540, 1990 WL 6503

Snippet: superintendence and control of county roads. See § 336.02(1)(a), Fla. Stat. (Supp. 1988). Moreover, the FDCA

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Court: Florida Attorney General Reports | Date Filed: 1984-08-21

Snippet: S., defining the county road system. And see, s 336.02, F.S., providing that the county commission is

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Court: Florida Attorney General Reports | Date Filed: 1984-01-23

Snippet: except as otherwise provided by law; and cf., s 336.02, F.S., empowering the county commission to establish

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Court: Florida Attorney General Reports | Date Filed: 1982-07-26

Snippet: to perform road repair and maintenance. Section 336.02 expressly provides: The county commissioners

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Court: Florida Attorney General Reports | Date Filed: 1981-04-27

Snippet: conditions set forth in ss. 206.51-206.55, F.S. Section 336.02(1), F.S. (1980 Supp.), makes this refund provision

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Court: Florida Attorney General Reports | Date Filed: 1980-03-17

Snippet: systems within their respective counties under s. 336.02. The Department of Transportation has been authorized

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Court: Florida Attorney General Reports | Date Filed: 1979-11-26

Snippet: repair in the manner provided therein. Section 336.02. See ss. 334.03(23), which defines the county road

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Court: Florida Attorney General Reports | Date Filed: 1979-03-01

Snippet: general law. . . . (Emphasis supplied.) Section 336.02, F. S., vests the control of county roads, including

Baggett v. State

Court: District Court of Appeal of Florida | Date Filed: 1974-10-04

Citation: 302 So. 2d 206

Snippet: Baggett v. State (Fla.App.2d 1974), 287 So.2d 336. [2] (Fla. 1973), 285 So.2d 12. [3] In retrospect

State Ex Rel. Wilcox v. TOL, INC.

Court: District Court of Appeal of Florida | Date Filed: 1968-01-16

Citation: 206 So. 2d 69

Snippet: establish new roads and change old ones. F.S. Sec. 336.02, F.S.A. 1965. Likewise they are authorized to construct

Love v. Escambia County

Court: District Court of Appeal of Florida | Date Filed: 1963-11-05

Citation: 157 So. 2d 205

Snippet: retailing drugs (See Parr v. Spires [Fla.], 41 So.2d 336); “(2) Such drugs as are dispensed are so done in the

Dickerson v. Orange State Oil Company

Court: District Court of Appeal of Florida | Date Filed: 1960-10-05

Citation: 123 So. 2d 562

Snippet: question. 58 Am.Jur., Workmen's Compensation, sec. 336; 2 Larson, Workmen's Compensation Law, sec. 73.22;

Coffee v. State

Court: Supreme Court of Florida | Date Filed: 1889-06-15

Citation: 25 Fla. 501

Snippet: vs. State, 5 Fla., 285; Love vs. State, 22 Ark., 336; 2 E. P. C., 658; Roscoe’s Criminal Evidence, 40;