Florida Statutes

Fla. Stat. § 338.01 (2025)

Authority to establish and regulate limited access facilities.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 4 cases, 1958–2001 · leading case: Pinellas Cnty. v. State, 776 So. 2d 262 (Fla. 2001).

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Pinellas Cnty. v. State, 776 So. 2d 262 (Fla. 2001). · cites it 3× “The JTA did not contend that it was not proceeding pursuant to, or bound by the requirements of, section 338.01. Rather, it successfully urged before the trial court that other instruments executed by the City of Jacksonville containing references to construction of the proposed…”

Hodges v. Jacksonville Transp. Auth., 353 So. 2d 1211 (Fla. 1st DCA 1977). · cites it 2× “At a hearing on the Order of Taking which was held on October 19, 1977 the *1213 property owners resisted the entry of an Order of Taking on the ground, inter alia, that there had been no compliance with F.S. 338.01, which statute requires municipal consent to certain limited…”

Florida State Tpk. Auth. v. Anhoco Corp., 107 So. 2d 51 (Fla. 3d DCA 1958). “, § 338.01). Public safety is a major factor in determining the nature of a road facility.”

South Orlando Bus. Grp. v. City of Edgewood, 585 So. 2d 985 (Fla. 5th DCA 1991). · cites it 2× “The rationale for the trial judge’s decision is his reference to section 338.01(1), which reads, in pertinent part: 338.”

— 338.01(1) — 1 case

South Orlando Bus. Grp. v. City of Edgewood, 585 So. 2d 985 (Fla. 5th DCA 1991). “The rationale for the trial judge’s decision is his reference to section 338.01(1), which reads, in pertinent part: 338.”

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