Florida Statute 336.044 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION

Chapter 336
COUNTY ROAD SYSTEM

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F.S. 336.044

336.044 Use of recyclable materials in construction.—

(1) It is the intent of the Legislature that the Department of Transportation continue to expand its current use of recovered materials in its construction programs.

(2) The Legislature declares it to be in the public interest to find alternative ways to use certain recyclable materials that currently are part of the solid waste stream and that contribute to problems of declining space in landfills. To determine the feasibility of using certain recyclable materials for paving materials, the department may undertake demonstration projects using all of the following materials in road construction:

(a) Ground rubber from automobile tires in road resurfacing or subbase materials for roads.

(b) Ash residue from coal combustion byproducts for concrete and ash residue from waste incineration facilities and oil combustion byproducts for subbase material.

(d) Construction steel, including reinforcing rods and I-beams, manufactured from scrap metals disposed of in the state.

(e) Glass and glass aggregates.

(f) Phosphogypsum from phosphate production in road construction aggregate material.

(3) The department shall review and revise existing bid procedures and specifications for the purchase or use of products and materials to eliminate any procedures and specifications that explicitly discriminate against products and materials with recycled content, except where such procedures and specifications are necessary to protect the health, safety, and welfare of the people of this state.

(4) The department shall review and revise its bid procedures and specifications on a continuing basis to encourage the use of products and materials with recycled content and shall, in developing new procedures and specifications, encourage the use of products and materials with recycled content.

(5) Notwithstanding any law, rule, or ordinance to the contrary, a local governmental entity may not adopt standards or specifications that are contrary to the department standards or specifications for permissible use of reclaimed asphalt pavement material and may not deem reclaimed asphalt pavement material as solid waste.

(6) All agencies shall cooperate with the department in carrying out the provisions of this section.

History.—s. 49, ch. 88-130; s. 8, ch. 93-260; s. 82, ch. 99-385; s. 2, ch. 2019-153; s. 1, ch. 2023-311; s. 7, ch. 2024-173.

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Amendments to 336.044

Arrestable Offenses / Crimes under Fla. Stat. 336.044

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 336.044.

Annotations, Discussions, Cases:

Cases Citing Statute 336.044

Total Results: 6

Engineering Contractors Association of South Florida, Inc. v. Broward County

Court: District Court of Appeal of Florida | Date Filed: 2001-06-27

Citation: 789 So. 2d 445, 2001 WL 716857

Snippet: section 336.44, "County Road System," and section 336.41, which is referenced by section 336.44. These

Harnly v. Watson

Court: District Court of Appeal of Florida | Date Filed: 1987-11-04

Citation: 519 So. 2d 18, 12 Fla. L. Weekly 2561, 1987 Fla. App. LEXIS 10855, 1987 WL 1274

Snippet: that agreement, Watson was offered the sum of $336,044.80 for his stock. Although Watson did not contest

Groves-Watkins Const. v. State, Dept. of Transp.

Court: District Court of Appeal of Florida | Date Filed: 1987-08-04

Citation: 511 So. 2d 323, 12 Fla. L. Weekly 1465, 1987 Fla. App. LEXIS 10649

Snippet: bids for road construction. Compare *331 Section 336.44(5), Florida Statutes, governing the construction

Ago

Court: Florida Attorney General Reports | Date Filed: 1983-04-28

Snippet: and bridges in the county road system. However, s 336.44(1), F.S., states that `[t]he commissioners shall

LIBERTY CTY. v. Baxter's Asphalt & Concrete, Inc.

Court: Supreme Court of Florida | Date Filed: 1982-10-28

Citation: 421 So. 2d 505, 1982 Fla. LEXIS 2581

Snippet: failure to bid on Alternate A violated section 336.44, Florida Statutes (1979), the competitive bid statute

BAXTER'S ASPHALT, ETC. v. Liberty County

Court: District Court of Appeal of Florida | Date Filed: 1981-11-18

Citation: 406 So. 2d 461

Snippet: competitive bid statute applicable here, Section 336.44, Florida Statutes (1979),[1] in that the deviations