Florida Statutes
Fla. Stat. § 336.10 (2025)
Closing and abandonment of roads; publication of notice.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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336.10 Closing and abandonment of roads; publication of notice.—Before any such road shall be closed and vacated, or before any right or interest of the county or public in any land delineated on any recorded map or plat as a road shall be renounced and disclaimed, the commissioners shall hold a public hearing, and shall publish notice thereof, one time, in a newspaper of general circulation in such county at least 2 weeks prior to the date stated therein for such hearing. After such public hearing, any action of the commissioners, as herein authorized, shall be evidenced by a resolution duly adopted and entered upon the minutes of the commissioners. The request of any agency of the state, or of the United States, or of any person, to the commissioners to take such action shall be in writing and shall be spread upon the minutes of the commissioners; provided, however, that the commissioners of their own motion and discretion, may take action for the purposes hereof. Notice of the adoption of such a resolution by the commissioners shall be published one time, within 30 days following its adoption, in one issue of a newspaper of general circulation published in the county. The proof of publication of notice of public hearing, the resolution as adopted, and the proof of publication of the notice of the adoption of such resolution shall be recorded in the deed records of the county.
History.—s. 50, ch. 29965, 1955.
Notes of Decisions
Cited in 6
cases, 1964–2017 · leading case: John Mathers & Brenda Mathers v. Wakulla Cnty., a political subdivision etc., 219 So. 3d 140 (Fla. 1st DCA 2017).
John Mathers & Brenda Mathers v. Wakulla Cnty., a political subdivision etc., 219 So. 3d 140 (Fla. 1st DCA 2017). “To the extent the County is concerned with inadvertently assuming heavy financial burdens, it should bear in mind that roads may be abandoned pursuant to section 336.10, Florida Statutes. In concluding that Kristin Lane was not publicly owned under section 95,361(2) because the…”
Zedalis v. Foster, 343 So. 2d 849 (Fla. 2d DCA 1976). “Section 336.10, Florida Statutes, requires the commissioners to publish only one notice of public hearing prior to vacating a road.”
Hernando Cnty. v. Franklin, 666 So. 2d 602 (Fla. 5th DCA 1996). “The Franklins urged that since section 336.10, Florida Statutes (1993), requires only that notice relating to the closing of roads need be published, the County lacked the authority to add to the jurisdictional conditions set by the legislature.”
Bouldin v. Okaloosa Cnty., 580 So. 2d 205 (Fla. 1st DCA 1991). “Section 336.10 provides: Before any such road shall be closed and vacated, or before any right or interest of the county or the public in any land delineated on any recorded map or plat as a road shall be renounced or disclaimed, the commissioners shall hold a public hearing,…”
Cent. & S. Florida Flood Control Dist. v. Scott, 169 So. 2d 368 (Fla. 2d DCA 1964). “Likewise, no facts or rules are pleaded or cited indicating that the State Road Department is required to give notice or hold hearings before it relocates or abandons a state road or a bridge which formerly formed a part of a relocated state road or that the department is…”
Ecological Dev., Inc. v. Walton Cnty., 558 So. 2d 1069 (Fla. 1st DCA 1990). “It is undisputed that the county approved the Oakwood Hills subdivision plat containing a dedication of the roads in question, and that the county thereafter voluntarily undertook to maintain, and in certain instances improve the roads.”
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