HomeMy WebLinkAbout1980 07 16 Memo Re: County Road Maintenance Responsibilites
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FROM:
Don Newnham, P.
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MEMORANDUM
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TO:
Mayor Floyd
DATE: July 16, 1980
SUBJECT: County Road Maintenance Responsibilities
Recent contact with the Director of Public Works for Seminole
County indicates that the County does not intend to provide
for turf maintenance and other routine housekeeping activities
between the curbline and right-of-way line on the various
City streets which were transferred to the County under the
provisions of State Statute Chapter 335.04. By way of
tracing the legislative history of this discussion I have
attached the wording of 335.04(4) as it appears in the 1977
edition of the transportation code and as it appears in
amended form in the 1979 edition of the transportation code.
The key change is the version in paragraph (4) of a section
which limits the responsibility of the County within
incorporated areas to the roadbed, curbs, culverts, drains,
and other drainage appurtenances and specifically exempts
sidewalks and other ways that are open to the public within
the right-of-way. No mention is made of specifically
including or excluding from the County's responsibility
routine mowing of the right-of-way and housekeeping chores
such as litter control. This insertion was made at the
request of the League of Cities in order to avoid
difficulties that some of the larger cities envisioned
with the County maintenance activiti~s disrupting pedestrian
malls such as are found in Tampa and'St. Petersburg. There
is in my opinion no clear indication that the legislature
intended that the Counties not perform those elements of
shoulder maintenance that are traditionally associated
with the maintenance of the roadbed.
Paradoxically, the
responsibility for
routinely requires
utilities that are
the curbline. The
is rather obvious.
continue to perform
County has very readily accepted the
such items as driveway control and
use permits for the installation of
within the right-of-way but outside
inconsistency of these two positions
In my opinion the County should
routine maintenance and housekeeping
p T\]2s
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Mayor Floyd
Subject: County Road Maintenance Responsibilities
July 16, 1980
Page 2
chores as any other highway maintenance authority. This
is becoming a very sore point with many of our merchants
particularly the Altamonte Mall due to lack of maintenance
on Palm.Springs Drive.
RECOMMENDATION:
I recommend that the City formally request that the County
enter into a maintenance agreement with the City which
would call for their performing routine roadside shoulder
maintenance along the same lines as that which is performed
by the state on their part of the transportation system and
by the City on the City street system. The City would
apparently be obliged to maintain sidewalks since it is
specifically excluded in the current statute. In return
for this the City would agree that reasonably control of
acceptable and reasonable permitting requirements within
these rights-of-way to be exercised by the County. This
agreement is as authorized by Section 335.04(4).
DFN/com
Attachments
cc:
Sandra Glenn, Seminole
Jack Schuder, Seminole
Laura Firtel, Seminole
Joseph Nesbit, City of
County Commissioner
County Public Works Director
County Planning Department
Altamonte Springs Planner
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STATE HIGHWAY SYSTEM
Ch.335
of chnpter ~20. When such a hearing res~lts in an
order.f1ndin~ in fa\'or of the petitionin~ property
owner. the department shall have 90 days from the
d:lte. of such order to acquire such property or lile
:lppropriate proceedir.gs. Appellate r('view by eillH'r
p:1rty may be r('sorted to. but shall not aflt-ct the
~O,d;1y limitation when such appeal is taken by the
drp;1rtrnrnt unkss execution of such order is stayed
by thr <lppell<lte court ha\'ing jurio;d iction U pon l~il-
\lrC by thc clep:ll.t nWllt to acquirr such propc'rt~. or
,. initiate acquisition procl'C'dil1l':S: the appropriate lo-
cal ~o\'ernn1l'nt aut hnrit:>. 111;IY issue :111Y pL'rmie in
I1ccord:Jnce with its established proc('dures.
lIi..ton',~s 211, ch 2:1~.H;5. 1~1:i5. f'. 1. (h !"l~1 2:l.t; s~. 2:\, ~J'",. ch. 69-106; 9. I,
eh 6910;;. . 2. eh. ,7.11 f,.. ~6..h 78.%;.. 137. eh. 79.~nO
d -!'o 33;)1)6 St~t(' p~rk road !'Jstr'm.
335.03 Interstate highways: designalion.-
(1) The Dl'partllle'nt of Transportation shall have
the powcrs and authority to sele'ct. in coojwration
with the state highw:l~' (h-partments of aojoining
state's. nlUtcS of the national system of interstate
hil:!hways.
121 The department shall have the authority to\
m:lke necrssary spe'ci:ll rules and regulations to ena-
ble and assure expeditious planning and construc-
tion of the fedl'ral interstate system of highways in
Florida and to take full advantage of the Federal
Highway Act of 1956. and ame~ldn1C'nts thereto.
Such regulations, to apply only to the federal inter-
sL'llr systl'm of'highwa~'s. may providp l()r thl' budg-
1C: :1110 eXI'l'ndilurl' or :ln~' funds now or to be
..' ailable f(1r the purpose including all necessary
state matching funds.
Jh~H'>>TY,-" 27. ('h 2'J~lf)5, 1955~!i 1. rho 5j-~5; ~~. 23. :1:-), ch 69.11Hi
3:l;;.O.i Functional classification plan for
roacls; responsihilities of departmcnt.-
(11 No btl'r th:1I1 Octolwr 1. Eli7. (he dC'p:lrt-
ment sh:1ll adopt. purstl:1nt to chapter 120, n pbn
rasl'd upon functional cl:1ssification of roa(h and
shall bl'!-;in to implemC'nt:111 orderl:>' phasr-in of'such
plan b~' no laler than Jalllwry 1. 1978. All transfers
ofre'sponsibility hct\\'C'en the statl' and local govern-
ments required by said plan shall bl' completed no
later than .Ju\v 1.1982. on which d:.1te all transfers
provided ,for i;l the cl:1ssilication pl:1I1 which have
not b(,l'n l'O(>cted shall ;]utomatiwlly occur. excl'pt
ns herl'in providl'o Any road lor which r('sponsihi\.
it\' is hl'inf: tr:lllsfi'rrpd from thc' (kp;lrtnH'nt to coun-
tirs :\llcrmunicip:l1il ips sh~111 Ill' hrought to a physical
condition comnwnsur:lte with conkmporary roads
of Ii kr" age' a nd exist i ng fu net ion:11 dassi fica t ion
within the count\' or city. Howe\'er. ifs:1io road has
not been resurfaced witl;in 12 Ye'ars prior to thc d;]te
of the proposed transfer, or if the condition of said
rO:1d. when anahzed in accordance with the st:1nd.
:lrds of measurement of pa\'ement conditions uti-
. '~izcrl hy the drpartment <IS of J:1nuary 1, 1077. indi-
C:ltes the necd for re'su r!;lcing. and if t he county reo
qursts a resurfacing. thl' rO:1d shall be rE'surfaced
prior to transli.'L If the county and dr.'partment are
unable to ~'gree on the need for resurl:1cing, the
county sh,1l1 havE' the right to administratiq. and
- judici;'1l review as providE'cl in chapter 120. Notwith-
s~;1ndll1g tlw timp lil11iLltinns otrwn'..i"C' provickd 111
this chrlpter for the I r;1nst'er of rO;lds. no road which
has been linally determined to need resurfacing
shall be transferred to the county until it has been
resurfaced. In cases of transfers between the state
and local governments. federal assistance shall be
utilized, when feasihle. for t.his purpose. This re-
quirement relating to physical conditions of roads at
the tinw of translt-r may he waived upon mutual
consent.
(2) The department is authorized to match all
feeler;11 aid higlmay funds and shall have the admin-
istrative responsihility l()l' pbnning. programming.
and contracting l()r all such fc'deral nid projects in
cooperation with local ofTicials in nccordance with
ledE'ral regulations and state law.
(3) Thr department sh:Jll havpthE' responsibility
for continuing data collection and functional evalua-
tion ofpuhlic roads as is deemed neCl'ssary for pbn-
ning and rl'classification purposrs. Beginning.July 1.
1~):-\2. the dl'p:lrtnll'nt shall conduct a program that
will insure that the classilication of every public
road shall he considerrd and ev:lluatl'd at \east once
eVl'r;,: 5 :>'('ars. Such l'valu:1tion shallutilizequantita-
t ive criteria which shall havE' bpen adopteo pursU:1nt
to chapter 120. The dl'partment shall hold n full
public Iwaring in the county afTected as an intl'gral
part'of its ('valuation procedures in order to recrive
public input prior to making any determination of
classilication. When the department makes a deter-
mination that a public road has ch,ll1ged function.
the dep;]rtment shall within ~o days notify in writ-
inr.: tlll' gm't'rnnlen! all'nl it it'S conccrneo. Each year
the department shall puhlish a rC'port summarizing
all such c1:1ssilication change'S in that year and shall
delivE'I' such report to tl10 President of the Senate
and Spt'aker of the I10use by 1-'<.hruary 1. Twnslt-r of
responsibility shall be accomplished on a schedule
mutually aJ..':rl>ed upon by said governmental enti-
t if'S: however. saio transkr sh:lll occur no later than
3 year'" ,1I\er till' (\:tte the governnll.ntal l'ntitics arc
. notilied Aller July 1. 1982. the depart 111l'nt. if re-
quested by cit ies or count ies. shall. wit hin a reasona-
ble period not to exceed 1 year. perform function:11
e\'aluations or specific ro/tds utilizing the quantita-
tivE' criteria rc'lcrred to in this suhsC'ction. and the
translt-rs resulting from'such evaluations shall be
accomplished as provided in this subsection. J\lT"65h-
ga tions-of th~-d epattmeril';'lrCoun t~'TOr.'a;citV;"tiriB ~
B r\ yfn nln tenance;-util itYf ol''l'll.i I road' ~rosc;i rigR~f~
m e'ot"oFothers uc h i1 g reem ~nfs-:-re I B.t.in g'to:-a.l'iV's pl3t-
"ci liCroM~to 'be-trnnsferred."'Ana \ I-blqrnn~f(>ri'i)a 'a~
the~amp'time -il.nd-in-th~e?fT1anne~urJod~
f'ionilrrresponsibilify~' . . . ....
(4) The department <lnd COllnties. cities. and oth-
E'!" politic;]l suhoivisions shall h:l\'e thr responsibility
lllr the oppration and maintenance' or the rO;1ds Ull-
del' t heir respective ju ri~dict ion. except as otherwise
provided by bw. Operation and maintenance re-
s lOnsibilitv ora count v for any 1'0:10S under Its UrlS-
diction w lich exten into and throur:h ;lnv incorno-
ratE'd area shall bE' limIted to the rO:1dbed. curbs.
ulverts dr<l1l1s, and other dr;lllwc;p appurten:lIlces
and shall not includp sic ewa s nil anY o('ler ways
in existrncc at the time of (r<lnsler that are 0 en to
tIlE' nublic wit1in t 1e ri ht-o ,\\'av 0 the roa. e
dep:lrtment an counties. CItIes. an ot ler po itical
subdivisir,ns may enter into such <lgreements as are
213
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eh.3:15
STA'j E lIlGHWAY SYSTEl\l
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depn1l'd necessary and convenient for the l" oppr ex-
prcise of their responsibil ities provided hen'in; how-
ewr, the departmpnt shall discontinue maintaining,
through contractual agreements, those facilities off
the state highway system by July 1, 19HO.
(!1) The counties and cities shaJl sign an agree-
m('nt with the lkpartml'nt 01' Transportation which
requires the count ips and cities to maintain in ac-
cordance with fpdpral standards any road or portion
thereof \lOdcr their jurisdiction which was con-
structl'rt with federal assistance and is in a l"ederal
aid systpm,
(6) Any toll f:\cility administered by the depart-
ment shall remain under department administra-
tion pursuant to the terms 01' the trust indenture.
Tollf:1cilities adm inist ered by cit ies or count ies shall
be t ransferrpd to anot her jurisdiction on Iy upon mu-
tual agreenwnt of the concenll'd P;ll't ies.
Hi..lnn'.-~ 2", eh 2g:H;~. 1!'l5!i. <Il,. 1. C'h Sf"W?; s J. ell 5!l,If;;).!II. 1. rh.
67.~.t~). $ '29. rh G~-;1;l:l. ~~ 2:1. 3.S. eh. 69.106. s I. eh. ,0..-16;, ~5. ch. 71.355;
$<; 1. 2. ell 7250;!", 7, eh 77.165; ~ 3. ch. 7..416;~. 1. eh 7f~.2i'\~; s. 138. eh.
79-.WO
cf-~. 3.1907 Jilck!'.om..jjJ(' Expl('~",way ,,~ p;\rt or stotr road sY!'l.t~'m
:1:15.05 Certain sh-cets designated as munici.
pal connecting link roads.-
(1) City and town streets, roads, and structures,
or portion's thNeof, that conslitutf' the route' of con-
nection between, or extension of, s{;1.te roads in the
stat(' highway SYS\PIll, including feeder roads from
bVP;lssed an';1.S and designated by the D('partment of
Tran,.;port;ltion as municip:11 connecting links or
feeder roads shall hf' designated by the departml'nt
as a part of the statf' highway system.
(:21 The Dj\'ision of Hoad Opprations of tl1(' de-
p;lrtnwnt shall kl'('P a record of such Illunicipal con-
nL'cting links and fl'pder roads deSIgnated as part of
the state highway systPIll and shall furnish, as soon
as practicable. to f'ach affected community and coun-
ty a list of such mads.. ,
(.'3) Thf' division is authOrized and reqUired to
maintain under its control and supervision such des,
ignated municipal connecting links and fpl'der
roads; and is authori/.ed to pntcr into an~' and all
contracts. inclusivc of ;ll~reCnl('nts with cities and
towns, and with any federal agency of the Unitf'd
Statr's, fe)J" s\!('h purpose!.;: prll\'irled. nothing IH'rf'in
contail1l'd shall rl'quin' the di\'ision to swe('p, sprin-
klE' or light s:1id municipal connecting links or fpeder
roads
('\1 TIlt' d i\'i<.,ion, \V h('nf'v('r it const r~lc! sur rl'con-
structs anv state road in the statp highway systcm
which ent'ers or passps through any city or town,
sh:111 construct or rf'construct the municipal con-
nccting link of such road to conform to the standards
of cuns! ruc! ion ;1 ppl"O\'l'd by the ckpa rtment, Provid-
C(\' lll)\\'c'\'('r, t h;iI \\'I1l'n('\'('r ;lny such Jl1unicip;llcol1-
Ill'CI I ng Ii n k is ("ons! rud I,d or I"l'Cll11 st ruc((>d. 110 ohl i-
g;lt ion shall n'st upon the division to l"l'lllove or relay
an\' puhlic utilit\'
(.;). '1'111' rkp;lI:t 11l('nt is allthoril.pd to prm'ide anrl.
m:ldJt;lill sil~ns alld 1ll;lrkcrs filr tIll' \"{'gld;l! lOll of
tLillie and shall prescribt' regulations for trallic. in-
chidIng traffic sign:lllighting, minimum and maxI-
mum spe('ds. and p:lrking upon such roads Notice of
sllch l"l'gul:ltions shaIlll(' published in a newspaper
pllbli~hed and h;\\'ing a gene\'al circulation in such
city or town or posted at the city hall when there IS
F.S.1979
no such newspaper, in addition to any other notice
required by law, and shall supersede any and all
regulal ions relating to such traflic made by such city
or lown or any laws regulating traflic upon such
roads. Such rf'gulations shall have the force and ef-
fl'rl or law, and violat ion of nny of said rrgulations
sh a llllt' a m isdt'lllt'anor oft Iw sl;cond dl'gr('f', pun ish.
able as provided in s. 775.082 or s. 775.083. Such
regulations shall be enforced by all law enforcement...
olTicers,
(6) Before any person shall enter upon such
roads, dnhe"'J:'ight:S~~. for the pu rpose of
laying conduits, pipes, poles or wires, or making any
obstructiQn, or any exca\'ation, which necessitates
any change in the condition or structure thereof. a
permit for any such purpose must be secured from'
t he depart ment wit h the concurrence ofthr nlf('(,tl>d
rit \' or town where such rit y or town is not itself
making the application for the permit; and the dl'-
partment is hereby authorized to prescrihe nlles <lnd
regulat ions undl'r which such permits will be- issued,
and to require indemnity for any damage occasioned
by t he issuance of any such Ix'rmit.
1Ii,loTY.-. 19. rh 2~9G5. 1955;.. 10, rh. 57 318;..1. th. 59.141: II, 23.:IS.
rh. 6~'IIli;, 5. 23:1. rh .. 1.136; 5. 56, rh "~.95.
d.-I' 33-\.03 l>oluniripnl ronm'ctinJt link" ddincd.
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3:15.0G Slate pal'k road system.-
(1) The df'partl1lenl is authorized to pxpencl st:llt'
road ft11l0S to construct. reconstruct, and maintnin
rO;1(ls within the boundaries of any l<lnds embrnced
within the statE' park s)'stl'l1l.
(2) The depart ment is authorized to provide suit.
able roads \P:lding to any lands or ot her pro pert)'
embraced within 111(' state park systelll.
(3) Such roads shall be located. relocated. con.
st ruct ed, reconstructed. and maintained, numbered.
marked and regulated in such manner as shall be
agrped upon between the department and the Di\;-
sion of Recreation and Parks of the Department of
Natural Hesources, and both departments are au-
thorizf'd to enter into such agreements.
(,jl Such roads shall not be included in the state
h i~hway system unless so designated by the depart-
I~\'nt.
'lIi.lory.-< 30. rh 29~r.5. 1%5;... 23.25.35. rh. 69,\lJ6
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:1:15.0G5 Bicycle trails and footpaths along
statt.' I'oatls.-
I 1)(a) <nicyC1e;troils'81ld"1'otltp::tthB'.!!h~ll~s~
11Ish!!'tMn~01'ljunctiOlJ!'\Yil.11:the~onstru~tIT~
~hiction: or oilier' chRnR"lr.6f\'nnY~Eltnte' roii<f'6l-. ~
i)OiliMor In'; ~liif;h Ign wnffl~rn~~C1i':lOCA!Io~
~.;hAnoe rli'"fel'riilliM1h'""thlrllepn rI mMrf'OrTr~
'potTiifl'0?l"i Il ("(Hlpl'r;1 t ion 'wit h tlie Division of Hem':!-
tion ;llld Parks of the lkparlnwnt or Natural H.....
sOllrces
ill) Notwithstanding the provision of p;ll'agr:lpb
I a I. hinTII' t "ai Is and f(lOtpaths are not J'cqu ired to be
established:
1. Whl're the est:lhlishment of such trails and
paths would he contrary to public safety.
:2. Ifthe cost of establishing such trails and p:llhs
wou ld be rxcessively disproportionate to the need or I
probable IIse.
3. Where other available ways or other factoll
sir
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FLOHIDA THANSPORTATION CODL SECOND PAHT
Ch. :l3.')
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'n d('r fin1cling in L'1vor 0(' t Iw petitioning property
owner, tilt' dC'p:lrtmC'nt sh:1l1 h:1v(' 90 o:1\'S ('rom the
cl:1t(. of such order to :1cquire such Ill'ojierty or file
:1ppropri:1te proceedings Appelbte review by ('ithE'r
party m:1Y be resortE'd to. but s!w\l not :1O('ct the
9(1,o:1Y limitation wl1('n such :1ppe:1] is taken by the
d"p:1rtnwnt unless 2[execution of such order) is
'st:l.\l'd hy the :lppelbte court having jlll'isoiction.
"IUpon failure by the rl('p:1rtmpnt to :1cquire such
propPrty or initiate acquisition proceedings, the :1p-
propri:1te loc:11 governmC'nt :1nthoritv m:1\' i~sue :1ny
permit in accordance with its est:lb!ished proc~-
dun.'s]
fli"or~'. -t; ~fi. rh 2f~fH:;.'). 1955; s 1. rh. 59.2~4; M. 23, 35. eh. 69-106; a. 1.
rh (,'111'<.... c;. 2. rh ,';-116
l:'\ot".-.Dr.lrkl'I!'O "'f'lrrlln~("ll'd h\" l~lI' "dllor!;
I~otr.-- Rr;lckrtrd \\"(Ird<: C;\lb~t itulrd h\" : h(' l'dllnr~ (fOr "~ll("h :\11 r\r("ul ion,"
'~nt('.-Bj"a('"k('llcll;m~"'ll.l(t' !'uh....lltu'.:d liv tIll' ."llill'l!'> fllr "F.,illlrl' Iw lilt'
~I'p:ll:mr'nl ifl ar'l:lir.. "1 11t1:I;\tt' .lrr."i"iIHl;' prnn't'lllIIJ>nl,'.\ ,\linu tl;I'llP-
I :";"r:;l:I' !(.ctl 1.:.'\ ('n~:~H'nl ;Hlthont~. l(ll:-;'~Ut' aTl\ llt'rmllll1 t\("(oT,ln"cc wllh
.:.... r'l..t.,td:c.h{l,l prll("l',luf(,~"
ri -! 335 (U5 St.ate park ronrl ~y~t('m
.135.03 Intel'state highways; de~ignation.-
11) The Df'partment ofTr:1nsportation shall have
the powers :1nd authority to select, in cooperation
with thp >,tatE' highway dppartll1C'nts of :1djoining
"tatC's. routes of the national system of interstate
hiRhw:1vi'. .
(21 i'he dE'partment ~hall have tlw authority to
rn:1ke necesi'ary SPC'Ci;ll rul('s and reguhtions to ena-
ble and :1Ssure expC'rlitious planning and construc-
tion or thl' f('deLi! intl'r>,t:1te s\'~tem of highwav>, in
Florid:1 and to t:1ke full arh'a'ntage or tll(' F,'rleral
---hW;I\' Act of' l~.sG, and :une'ndnH'nts thereto.
h regulationi', to apply only to the fpcleral intl'r-
~t.l!e sYi'tem of highways, may provide for the budg-
etill~ ano expenditure of. an:\' funds now or to be
:l\'ailahle ('or the purpose including ;:d] necessary
~tatp matching ('unds.
lfL-tor)'.-,. 27, eil 2~,,".), 19.)5;. 1. eil 57.85;.. 23,35. eil. 69106
31;J.01 Functional classification plan for
rO:1ds; responsibilities of departlllcnt.-
fl' 1\0 laIrI' than October 1. 1~)77, the dep:llt-
Illrnt "hall adopt, pursuant to chapter 1:20, a plan
ba~('d upon f'unctiOlw] cla~>,ification of roads :1nl!
,hall begin to impJt.nwnt:1n orderly ph:1H',in of such
plan by 1111 htrr than .J:lllu:lry I, HJ7H. :\11 tran!'li'rs
"rr(,"lion~ibi]ily [,et\\ecn tIll' '"tate and local govt'rn-
r;wnts reljull'ed hy s:lid plan sh:111 hp cOll1p!<'led no
l:i~pr than Julv I, 19,sZ, on \\'hich d:1te all transfel's
provided fill' i;l the clas!'ification pbn which have
not bc('n Nl('cted shall autoJJ1:1tic:1lly occur, pxcppt
1I~ herrin.pro\'ickcl ^ny ro;ld for \\'hich f'('sponsibil-
ily i~ b('in~ t r:lJJsfl'ITt'd from t IH' dt'pa"t ment to COlln-
lit" and municip;llit ies shall hI' hrolll:ht tll;1 phy:'ical
cundition COlllllll'n~llr;ltp with co'ill'mporary rO:l(ls
of like :II!P and existing fl:nctional chssilication
within thp cOllnty' or city. 1I1)\\'('v('r. if"aid rO:1d has
net ken reSUrLl(('d \\'ithin 1:2 ,\'('ars prior to thp datp
fir :111' pr"pCI~l'd transfer, or if' tlw condition of s:lid
r,,:td, \\'hen :1l1ah'z('d in accll:'d:lnce wit h t Iw stand-
:.nJ, Qf' ll1ea~UrCl1lCllt of' pavement conditions uti-
b,.d by the r!t'p:ll.tment as ofJanuar'y I, 1977, incli-
ntc., the npecl till' !'I.'surfacing, and if't11l' county re-
.'l\lrq~ :1 re~urf:1cIng. the rO:1d shall be resurhcrd
,,...... r to tran~f(>r. ]f" t11C' county and departnlPnt :1re
lIe to agree on the need for resurbcing, the
county ~h'''1 l1;1ve tll(' right to :1dministrati\'C' and
judicial rC'vil'\\, as pro\'ided in l'hapter 1~{), Notwith-
standing the time limit:1tions otherwi~e provided in
this chaptN for thC' tmnsfer of roads, no rO:1d which
ha~ been finally drterminpd to need resurfacing
shall be transferred to the county until it has been
resu!"f;lCed. ]n C:1srs of transfers betweC'n the state
:1nrl local governmC'nts, I('deml :1ssi>;tance shall be
utilized, when frasiblC'. (Cll' this purpose, This re-
quirement rebting to physical conditions of roads at
the time of transfer may be waived upon mutual
consent.
(2) The clr'partnwnt is :1uthorized to match all
Ic'der:1] aid highway f"unds :1nd shall have the admin-
i~tmti\'e rC'~p()nsibility for plannin~, programming,
:1nd contr:1cting for :111 ~uch t"deml :1id projC'cts in
C()oplT:1tion with 10l':11 of1i('ials in nccordancC' with
f(>dera! n'gubtions and ,,;ta(p law.
(3) ThE' department sh:1l1 h:1\'e the responsibility
for continuing data collect ion :1nd f"u nctional eV:1IU:1-
tion oJ'public roads as is deemed neccssLlrj' for p]an-
ning and reclassilication purposps, Bl'ginning July I,
1982, the drpartnlt'nt shall conduct :1 program that
will insun> that the da>,>,ification of" every puhlic
road shall be considC'n'd and ev.'1luated :1t least once
every 5 years, Such {'\'aluation shall utilizC' quantit:1-
ti\'p criteria which shall ha\'(' bpen adopted pursu:1nt
to chapter ]20, Thp departmcnt shall hold a full
public hC'aring in the county atlccted as an intpgral
part of" its ('\';i!uation procedures in order to recei\'e
public input prior to 'naking any determination of
classi ticat ion. Wlwn the dppart ment makes a deter-
mination that a public rO:ld has changed function,
t he depart ment sha II within 30 days notifY in writ-
ing thp go\'ernmrntal entities concprned. Each ycar
the d('partment shall publi>,h a report summar'i'zing
all such cbssdication c!1;1ng('s in that year and shall
oeli\'er such n'port to tlH' President of the Senate
and Spp:1kl'r orthe House hv Fpbruary 1. Tr:1nsfer of
responsibilitv shall be :lCcc'JlnplisllPrl' on a schedulp
mutll:dly :1grped upon b~' s:1id goypl'J1nH'ntal enti-
ties; howe\'l'r, s:1id transfi'r~"hall occur no later than
3 ypars alll'r t he date t1H' /-lovprn nwnta I en! ities are
nOlifit'd. Aller July J, 1~2, the dl'p:lrtment. if re-
qupsl.t'd by cities or l'ounti~", shall, within a reasona'
ble period not to excc'pd ] ,\'par, pt'rform function:11
eV:11uat ions of' ~pecitic rO:lds utilizing the qU:1ntit:1-
tive criteria rl'f<.'ITPd to in this suh;.;pction, and thp
trans(<.'rs rblllting t'rom ~\lch evaluations sh:111 be
:1ccomplishl'd as provid<'d in this subs('ction. All obli-
gations 01'01(' dt'p:1rtment,:1 county. 01':1 city, unopr
any maint('!l:lncf', utility. or railroaclcrossing agn'/'-
ment or otht'r such al~!'('('l11ents. rel:1tinl-: to any Sl)('-
cdic ro:Il!lo bl' tr;1I1sli'rn'd, sh:i!1 hI' transf<.'rn'd at
tilt' >;an1l' timl' :llld in the same manner as jurisdic-
tional J"('sponsihility,
(-1\ The dl'I':lrtmenl. and ('ountil", cities, ::lI1d oth,
er polit ica! sl;hdi\'isiol1s >,hall havf' tl1C' responsihility
tClr the OP1'Lltion and m:lintc'nanc(' ot' till' rO:1ds un,
dl'r their n'sp(.ctive juri>,dict ion, ('xu'pt as otherwise
providpd by law. The dep:1rtment and countics, cit-
ies. and other politic:11 suhdivisions lll:1Y pnter inlo
such agrr('nH'nts as are deell1ed neCPSS:1rv and con-
venien't for 1 he proper exercisp of t heir r~'sp()nsibil-
it ies provided herein: however, the rll'partment shall
discontinue maintaining, through contractual
1693
Ch. 335
"
Ch.335
FLORIDA TRANSPOI:TATlON CODE, SECOND PAH.T
agreenlt'nts, those hcilities oil' the state highway
system by July 1. 19KO.
(5) TIH' countil's and cities shnll sign an agree-
n)('nt with the Ikp;l1'tnwnt ofTranspnrtation which
requires tl1\' countips and citips to maintain in ac-
cordance with fl'deral standards any road or portion
thereof under their jurisniction which was con-
structed \\'it~) lederal assistance and is 'lin] a federal
aid systl'm."
(6) Any toll (;icility administl'red by the dep;-trl-
ment shall renwin under depnrtment administra-
tion purs\wnt to the terms of the trust indl'nture.
Toll f~')cil ities administered by citil's or counties shall
he trallsfcrrl'd to another jurisdiction only upon mu-
tual agrl'enlt'nt of 11)(' concel'lled parties.
lii~toC\'.- ~ :!t'l. eh ~~I~H;_r;. 1~1~'~1. ~ 1. rh ~7.-llli;" 1. rh. ~,~1-1I;5." 1. d,
67.:!-t~.!\ -29. ell 6~13jl. l'!< '.l:L :\5. ell "~~.lO(i." 1, (h_10."4G~ t' ~5. eh. 71-355;
8..0;, 1. 2. ell j':l.~{' ~ 7. d. ';j.lfiS. ~ 3. lh -;";.llfi
';.lote.-Br;lckel('o w{'rel !'uh~ti1Utcd by the e<.htors for "on,"
cf.-~, ;1;11 OJ Pl"iman" rn.,d~;.\"~t('m rlrf!nrn
~. 33.L03 S('('ond~HY road" ~y:-h'm df'fim'd
8 349.07 Jacksonville F.xpr~gW3r ng part of fl.tale TO::ld !lo)stC'm.
wlH'1I there is 110 such newspapPr, shall superspde
<lny and all regubtions relating to such tratrlc made
by ~uch city or town, or llny laws regubting tramc
upon such roads. Such regulat ions shall have the
force and dli'c1 of law ann viol at ion of' anY of snin
rl'J.!,ulations shall be a misdemeanor of the second
ckgree, punishable as providen in s. 775.082 or !;.
775.0~tl. Such regulations shall be enlorced by nll
law en forcement ofliCl;'rs.
(6) Before any person shall enter upon such
roads, or the rights-o{~wa'y thereof, lor t.he purpose of
laying conduits, pipes, poll'S or win's. or making any
obstruction,.or any excavation, which neC('ssil;Jtes
any change in the condition or structure thereof. :\
permit for any such purpose must be sC'cured from
tIll' dt'p;lrlnlt'nt wilh the' ronClllTl'nce oftllC' nlli'cll'd
cit v or town where sLlch cit v or town is nClt itself'
m;;kinJ.!. the application for the permit; and the de-
partment is hereby authorized to prescribe rules and
regulntions under which such permits will be is;sued,
and to require indemnity for any damage occasioned
by thl' issuance of any such permit.
mslor).-.. ~9. ch 299[,5. 1955; s. 10. ch. 57-318;.. 1. ch. 69.141; II. 23. 35.
ch. 69.106:. 213. ch 71.136.
cf.-o. 33403 Municipal connecting link. defined.
~.-
\.
335.05 Cedain streets designated as munici-
pal connecting link roads.-
(1) Citv and town streets, roads, ai1d structures,
or portion"s thereof. tlwt constitute tl)!;' routL' of con-
nection hetween. or extension of, state roads in the
state highway system, including lcpder roads from
bypassed areas and desip1ated by' the Department of
Transportation as municipal connecting links or
fcedl'r roads shall be designated by the department
as a part of tl1l;' state highway system.
(2) The Division of Road Operntions of the de-
partment shall keep a record ol'such municipal con-
necting links and f('eder roads designated as part of
the st:lte highway system and shall furnish. as soon
as practicable. to each alfected community and coun"
ty a list of such roads.
- (3) The division is authorized and required to
maint:lin under its cont 1'01 and supervision such des-
ignated municipal connecting links and fpeder
roads; and is authorized to enter into anv and all
contracts. inclu~ive of agree'ments with (~ilil's and
tl1wn~. and with :lllV fi.deral ;l\.:('n('\' of tlw Unitl'd
Statl's, for "\1ch pur'pos('~: pro\'iekcl: not hing lH'r('in
contail1Pd sh:lll !('quin' tlw division to s\\'C'ep. sprin- :1;~5.0()5 Bicycle trails and footpaths along
kit' or light ~aid municipal connecting links or feeder state roads.-
roads. (1 )(a) Bicycle t rails and filotpaths sh;1\l be C'stab.
(.\) The division. whl'nl'ver it ('onstrucl~ or rL'('on- lishL'd in conjunctiun with the construction, recon-
stnl('\5 ;111.\' ~tatL' ro;\(1 in thl' statl' highway svstl'!n struction, or 'other change of any st;llc road or :lny
which l'nters or P;ISSl'S through any city or 10wn, portion orllw statl' highway' systl'l11 at ~uch Incations
sh;)1l const rud or n'construct thl' n1unicip;11 con- as shall be ddl'l'IninL'd by the' Ikpartnwnt ofTr;111s-
Ilecllllg 1 ink or s\lch rO;H! ! 0 conlin'lll tot Ill' :-ot anlbnls pollat ion in ('oopl'r;l! ion wit h t he Division of RC'crea-
of construct Ion ;IPPI()\'(.d by till' d('parlllH'nt. l'nl\id- tion and l';.rks (If' till' l)l'partnlC'nl of Nalurnl Hl.k
cd. huwl'\'('r.that wlH'nc'\Tr any such IIHlIlil'ip;\\ l'llll- sourn's.
nect i ng Ii n k is (,OIlSt rUl'! L'd or n'collst rucll'l!. no ohl i- \Il \ Nol wit hsLIIHlinJ: tIll' pn)\'ision of parllJ:1 ;11'\1
g;lt ion sh;ll i 1t 'st Ii pun t he division to n.muve or relay (a \, hic~'cl(' 1 rails and rootpal hs arl' nol required to be
ally public utilil~' l's\:lhlislll'd:
t51 The departnlL'nt is authorized to providr and J. Wh\'l'L' tllC' L'stablishnH'n! or such trails and
m;lintain signs :1nd m:1rkers fill' thl' regulation of p;lths would be contrary to public sali,t~..
tral1lc nnd shall prescribe regulJtions for trallic. in- 2 Irthe cost ofest~lblishing such tr;1ils ;ll1d paths
eluding tr:1n'IC sit:,n:11 lighting. minimum and maxi- would be excessively disproportionate to the need or
mum speeds, :1nn parking upon such roads. Such probable use.
regubtions, when made and once publishpd in a 3. Where otllL'r availnble ways or other factors
l1L'wsjl:lper puhlished and having a genernl circul:1- indicate an absence of any need "for such trails and
tion in such city or town or posted at the city hall paths.
1694
335.0G State park road system.-
(1) The department is authorized to expend state
road funds to construct. reconstruct. and maintain
rO~1[ls within the boundaril's of any lands embraced
within the state park system.
(21 The department is authorized to provide suit-
able roads leading to any lands or other property
embraced within the state park system.
(3) Such roads shnll be located, relocated, con-
strucIL'd, r('constructed. and maintained, numberE:'d,
n1arkl'd and regulated in such mnnner as shall be
<Igreed upon between the department and the Divi-
sion of Hecreiltion and Parks of the Department of
Naturnl He~ources. and both departments are au-
thorized to enter into such agreements.
(4) Such roads shall not be included in the state
hig~\\'ay system unless so designated by the depart-
mCll1t.
lli...lory.-~ :10. rh. 'lHft6S, lft5~~ "Ill 2J, 25. 35. rh Ci9.106