Florida Statutes
Fla. Stat. § 337.29 (2025)
Vesting of title to roads; liability for torts.
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337.29 Vesting of title to roads; liability for torts.—
(1) Title to all roads designated in the State Highway System or State Park Road System shall be in the state, unless otherwise provided herein.
(2) Upon the vesting of title to any lands for highway purposes in the state, local governmental entities shall forthwith issue a deed or right-of-way map to the state covering such lands, which shall be duly recorded. Recordation of deeds or right-of-way maps shall also be effected upon acquisition of any lands by the department.
(3) Title to all roads transferred in accordance with s. 335.0415 shall be in the governmental entity to which such roads have been transferred, upon the recording of a deed or a right-of-way map by the appropriate governmental entity in the public land records of the county or counties in which such rights-of-way are located. To the extent that sovereign immunity has been waived, liability for torts shall be in the governmental entity having operation and maintenance responsibility as provided in s. 335.0415. Except as otherwise provided by law, a municipality shall have the same governmental, corporate, and proprietary powers with relation to any public road or right-of-way within the municipality which has been transferred to another governmental entity pursuant to s. 335.0415 that the municipality has with relation to other public roads and rights-of-way within the municipality.
History.—s. 108, ch. 29965, 1955; ss. 23, 35, ch. 69-106; s. 16, ch. 77-165; s. 5, ch. 77-416; s. 2, ch. 78-285; s. 169, ch. 84-309; s. 85, ch. 99-385; s. 34, ch. 2012-174.
Notes of Decisions
Cited in 4
cases, 1962–1991 · leading case: City of Daytona Beach Shores v. State, 454 So. 2d 651 (Fla. 5th DCA 1984).
City of Daytona Beach Shores v. State, 454 So. 2d 651 (Fla. 5th DCA 1984). “Title to these roads has been transferred to the municipality by virtue of Section 337.29(3), Florida Statutes. (2) The foreshore in the city is a "road right-of-way" that is specifically excluded from the lands under control of the Trustees of the Internal Improvement Trust…”
Dep't of Transp. v. Hanes, 448 So. 2d 1130 (Fla. 1st DCA 1984). “See § 337.29(3), Florida Statutes. In the present case there is no indication that any entity other than DOT bears any measure of responsibility for the storm water drainage system involved.”
State of Florida Dep't of Transp. v. Amerada Hess Corp., 46 Fla. Supp. 2d 97 (Fla. Cir. Ct. 1991). “On September 12, 1978, all the State’s right, title and interest to the right of way land was transferred to Santa Rosa County in accordance with Florida Statutes § 337.29 (1977). Upon this functional reclassification, the road was designated as Santa Rosa County Road C-197.”
Fox v. Troup Bros., Inc., 137 So. 2d 620 (Fla. 3d DCA 1962). “28(2) and § 337.29(2), Florida Statutes, 1959 [F.S.”
— 337.29(2) — 1 case
Fox v. Troup Bros., Inc., 137 So. 2d 620 (Fla. 3d DCA 1962). “28(2) and § 337.29(2), Florida Statutes, 1959 [F.S.”
— 337.29(3) — 2 cases
City of Daytona Beach Shores v. State, 454 So. 2d 651 (Fla. 5th DCA 1984). “Title to these roads has been transferred to the municipality by virtue of Section 337.29(3), Florida Statutes. (2) The foreshore in the city is a "road right-of-way" that is specifically excluded from the lands under control of the Trustees of the Internal Improvement Trust…”
Dep't of Transp. v. Hanes, 448 So. 2d 1130 (Fla. 1st DCA 1984). “See § 337.29(3), Florida Statutes. In the present case there is no indication that any entity other than DOT bears any measure of responsibility for the storm water drainage system involved.”
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