Florida Statutes

Fla. Stat. § 362.01 (2025)

Powers to occupy roads.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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362.01 Powers to occupy roads.—Any telegraph or telephone company chartered by this or another state, or any individual operating or desiring to operate a telegraph or telephone line, or lines, in this state, may erect posts, wires and other fixtures for telegraph or telephone purposes on or beside any public road or highway; provided, however, that the same shall not be set so as to obstruct or interfere with the common uses of said roads or highways. Permission to occupy the streets of an incorporated city or town must first be obtained from the city or town council.

History.—s. 1, ch. 782, 1856; RS 2256; s. 1, ch. 5262, 1903; GS 2820; RGS 4373; CGL 6337.

Notes of Decisions

Cited in 8 cases, 1953–1992 · leading case: Florida Power & Light Co. v. MacIas by MacIas, 507 So. 2d 1113 (Fla. 3d DCA 1987).

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Florida Power & Light Co. v. MacIas by MacIas, 507 So. 2d 1113 (Fla. 3d DCA 1987). · cites it 2× “Ileana contends that section 362.01, Florida Statutes (1983), creates a special duty on the part of FPL.”

S. Bell Tel. & Tel. Co. v. State Ex Rel. Ervin, 75 So. 2d 796 (Fla. 1954). · cites it 3× “on that it was the obligation of the State Road Department of Florida and not the Telephone Company to remove and relocate such facilities because the expressway was designed and was being built to accommodate a new and different high speed Federal Expressway and could not under…”

Davis v. MCI Telecomm. Corp., 606 So. 2d 734 (Fla. 1st DCA 1992). “[8] Pursuant to Florida Statute § 362.01.”

Madden v. Florala Tel. Co., 362 So. 2d 475 (Fla. 1st DCA 1978). “*477 § 362.01, Florida Statutes (1975), provides as follows: “Any telegraph or telephone company chartered by this or another state, or any individual operating or desiring to operate a telegraph or telephone line, or lines, in this state, may erect posts, wires and other…”

Gulf Props. of Alabama, Inc. v. S. Bell Tel. & Tel. Co., 346 So. 2d 1085 (Fla. 1st DCA 1977). · cites it 2× “Southern Bell’s motion to dismiss was grounded primarily upon the provisions of Section 362.01, Florida Statutes (1973), 1 which provides in part: “To occupy roads.”

State ex rel. Road Dep't v. S. Bell Tel. & Tel. Co., 4 Fla. Supp. 1 (Fla. Cir. Ct., Duval Cty. 1953). · cites it 3× “has heretofore under authority of section 362.01, Florida Statutes 1951, 1 located, set and erected upon, along and beneath the public way now within the rights of way of the state roads here involved (as now located and to be constructed by widening, extending and projecting…”

Kersey v. Asphalt Paving, Inc., 14 Fla. Supp. 191 (Fla. Cir. Ct., Duval Cty. 1959). · cites it 2× “The court therefore finds that there is no genuine issue as to any material fact and that defendant Southern Bell Tel.”

S. Bell Tel. & Tel. Co. v. R. H. Wright, Inc., 25 Fla. Supp. 201 (Fla. Cir. Ct., Duval Cty. 1965). “F.S. 362.01, and 32 Fla. Jur., Trespass, secs.”

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