Florida Statute 338.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION

Chapter 338
LIMITED ACCESS AND TOLL FACILITIES

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F.S. 338.01

338.01 Authority to establish and regulate limited access facilities.—

(1) The department may establish limited access facilities as provided in s. 335.02. The primary function of such limited access facilities shall be to allow high-speed and high-volume traffic movements within the state. Access to abutting land is subordinate to this function, and such access must be prohibited or highly regulated.

(2) The transportation and expressway authorities of the state, counties, and municipalities, referred to in this chapter as “authorities,” acting alone or in cooperation with each other or with any federal, state, or local governmental entity or agency of any other state that is authorized to construct highways, are authorized to provide limited access facilities for public use. Any of the authorities may construct a limited access highway as a new facility or may designate an existing street or highway as included within a limited access facility. However, if the limited access facility is entirely located within an incorporated municipality, such authority is subject to municipal consent; except that such consent is not necessary when such limited access facility is part of the interstate system.

(3) If the jurisdiction of the department or the commissioners over any public highway is jointly involved or would be affected by the exercise of such authority, their joint action or agreement is necessary to make the exercise of authority hereunder effective.

(4) Such action shall be taken by appropriate resolution or ordinance of the authority or authorities. Notice of such action shall be given by publication in a newspaper of general circulation in the locality affected at least 15 days before such authority becomes effective, and appropriate traffic signs and markers shall be erected along the facility affected to give due notice to public travel of the action to be taken.

(5) The authorities may regulate the use of such limited access facilities. No public road shall be connected with any such limited access facility without the prior approval of the authority having jurisdiction over the limited access facility. Such approval shall be given only if the public interest will be served.

(6) No automotive service station or other commercial establishment for serving motor vehicle users, except as authorized by a transportation or expressway authority, or by law for a turnpike project, shall be located within the right-of-way of, or on publicly owned or leased land acquired or used for, a controlled limited access facility. The provisions of this subsection shall not be deemed to exempt transportation and expressway authorities from local zoning and planning laws and ordinances.

(7) All new limited access facilities and existing transportation facilities on which new or replacement electronic toll collection systems are installed shall be interoperable with the department’s electronic toll collection system.

(8) The department, or other governmental entity responsible for the collection of tolls, may pursue the collection of unpaid tolls and associated fees and other amounts to which it is entitled by contracting with a private attorney who is a member in good standing with The Florida Bar or a collection agent who is registered and in good standing pursuant to chapter 559. A collection fee in an amount that is reasonable within the collection industry, including any reasonable attorney fees, may be added to the delinquent amount collected by any attorney or collection agent retained by the department or other governmental entity. The requirements of s. 287.059 do not apply to private attorney services procured under this section.

History.—s. 111, ch. 29965, 1955; s. 1, ch. 61-435; ss. 23, 35, ch. 69-106; s. 172, ch. 84-309; s. 66, ch. 85-180; s. 12, ch. 2009-85; s. 40, ch. 2012-174.

F.S. 338.01 on Google Scholar

F.S. 338.01 on Casetext

Amendments to 338.01

Arrestable Offenses / Crimes under Fla. Stat. 338.01

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 338.01.

Annotations, Discussions, Cases:

Cases Citing Statute 338.01

Total Results: 14

Department of Transportation v. United Capital Funding Corp.

Court: District Court of Appeal of Florida | Date Filed: 2017-04-28

Citation: 219 So. 3d 126, 92 U.C.C. Rep. Serv. 2d (West) 668, 2017 WL 1536070, 2017 Fla. App. LEXIS 5902

Snippet: generally Restatement (Second) of .Contracts, § 338(1) (Am, Law Inst. 1977). Although the briefs allude

A.S., the Father v. Department of Children & Families, J.A., and Guardian Ad Litem Program

Court: District Court of Appeal of Florida | Date Filed: 2015-04-01

Citation: 162 So. 3d 335, 2015 Fla. App. LEXIS 4764

Snippet: Florida Statutes (2014), provides: *338 (1) Grounds for the termination of parental rights

Pinellas County v. State

Court: Supreme Court of Florida | Date Filed: 2001-01-11

Citation: 776 So. 2d 262, 2001 WL 23117

Snippet: that there had been no compliance with section 338.01, Florida Statutes, requiring municipal consent

Nova Southeastern University, Inc. v. Gross

Court: Supreme Court of Florida | Date Filed: 2000-03-30

Citation: 758 So. 2d 86, 25 Fla. L. Weekly Supp. 243, 2000 Fla. LEXIS 656, 2000 WL 329234

Snippet: or near the FSA parking lot. Gross, 716 So.2d at 338.[1] The Fourth District reversed the trial court's

South Orlando Business Group v. City of Edgewood

Court: District Court of Appeal of Florida | Date Filed: 1991-08-15

Citation: 585 So. 2d 985, 1991 Fla. App. LEXIS 8055, 1991 WL 154816

Snippet: would be subject to *987municipal consent. See 338.01(1), Fla. Stat. (1989). Since the whole Central

Hodges v. JACKSONVILLE TRANSP. AUTHORITY

Court: District Court of Appeal of Florida | Date Filed: 1977-12-23

Citation: 353 So. 2d 1211, 1977 Fla. App. LEXIS 17274

Snippet: alia, that there had been no compliance with F.S. 338.01, which statute requires municipal consent to certain

Preston v. City National Bank of Miami

Court: District Court of Appeal of Florida | Date Filed: 1974-03-26

Citation: 294 So. 2d 11

Snippet: 1939). To the same effect, Restatement Trusts 2d § 338(1) at 167. [7] Smith v. Massachusetts Mut. Life Ins

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-01-04

Snippet: 2d 18 [Fla. 1957]; Johnson v. Johnson, 114 So.2d 338 [1 D.C.A. Fla., 1959]); and an administrator of a

Davidson v. Parker

Court: District Court of Appeal of Florida | Date Filed: 1972-03-30

Citation: 259 So. 2d 762, 1972 Fla. App. LEXIS 7161

Snippet: 576 (1939). . Johnson v. Johnson, 114 So.2d 338 (1 Fla.App.1959). . In re Adoption of Vincent, 219

Florida State Turnpike Authority v. Anhoco Corp.

Court: Supreme Court of Florida | Date Filed: 1959-11-06

Citation: 116 So. 2d 8

Snippet: system of the state. The court also referred to Sec. 338.01, Florida Statutes 1955, Fifth Part of Florida Highway

Florida State Turnpike Authority v. Anhoco Corp.

Court: District Court of Appeal of Florida | Date Filed: 1958-11-18

Citation: 107 So. 2d 51

Snippet: as the needs may require (Fla. Stat., F.S.A., § 338.01). Public safety is a major factor in determining

Lewis v. State Road Department of Florida

Court: Supreme Court of Florida | Date Filed: 1957-04-24

Citation: 95 So. 2d 248, 1957 Fla. LEXIS 3443

Snippet: 335.01 et seq.; 336.01 et seq., 337.01 et seq., 338.01 et seq., 339.01 et seq., declares the public policy

Guggenheimer & Co. v. Davidson

Court: Supreme Court of Florida | Date Filed: 1911-06-15

Citation: 62 Fla. 490

Snippet: Floridienne, 53 Fla. 801, 44 South. Rep. 342; 16 Cyc. 338; 1 Ency. Pl. & Pr. 476, 487; Van Zile’s Eq. Pl. Sec

Fairchild v. House ex rel. Knight

Court: Supreme Court of Florida | Date Filed: 1882-01-15

Citation: 18 Fla. 770

Snippet: , 359; 16 Wend., 61, 85; 5 Paige, 296; 8 Cow., 338; 1 Beasley, 312. Postponing the . consideration of