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Home My WebLink About1980 08 28 Letter Re: County Maintenance of Roads /- t r-t.'~ ~ r ). /: :.,..1., LL . I. [ · - '. (... LI r-- C.... r (-~ r - - r f- ~ . . I." -: I 1 - I, I ' " - , -. " J L_ " ~ ,~ ~ .- ,.... I ( n c . .' 'I I', I,' I I' \ 1: f,\ \ I " U I. I' (/ ~ r (>r I I ( L F () \ 1 7 " 7 {,\II 'II,"'\[ 1-, f \(11:111.\,_';0:' III i 1'111\:'1 "(:1;2:':' "('~-l CERS IDENT i)ALL W\"[ "JR, NICEVILL[ T VICE PRE"IDENT 1f\t'<.1 S tiOWl LL Ilr~, Al LAN r Ie Of ACH N{) vier r~~f-SI[)Ef"~T 'llF l sr.10AK, JR. r)P. CL[Pf\10NT ',Hlr'.J[) C. SITT IG liT IVE Dlr'ECTOR AHAS"E E J[)[ L, MULLIS 'ui: COUNSEL. TALLAHASSEE CTORS ~'). RGE OLrvf n ','I~,SI(lr-J[H. MET~npOLrlf\N ; COUr-lT'y' !\lUf If10r,1PSON '\1/C,1",\IHMAN "JARD COUNT v T, LA~,GFORD (JR "\r-J[)O ; PF SSIO~_~~_" r~~~!_~ ,~!? .NCv 'lNGnrSS10NAL DiSTRICT nVR,FULMFR: ~,jr.ll.MAN. PlRRY 1 Ar,'! S HOW[Ll <JR, ATLANTIC BEACH nrr"JC[ J, Kfl.LY (-lH, [li).Vl(lNA eFACH IDj;...(, "MOAK, JR, ().' .E RMONT L~ ,:~rED (j~. P,E LLEAIR BLUr-f 5 [)Ur.lCAN rJC1LI\',AN, 1 A r.." PA l/:"~.' H SIMPSON ()h', HARTOW .THAI.DorRER 'r...,ISStONE H, COCOA BLACH r)APRUTlEP r.JCIl..>.VCH\.1AN, SANIB[L NW[FKFS on, DELR"'Y BEACH t PT "UO" DOr-.lL y '~.'I:,SIOr\Jr r~, DANIA ,A"O J flunKi: .'Ok, HISCAYNt. PARK r PPINTUP ,'(")R. 8AL HAPFIOUR. VILLAGE I It:'.~.~ H Kf rHY,tK 1;.~IS.~,I()r-,Jr P, CO~r4.L GABLLS {), ~ C I ~) Tell IE:.. S !.. (:;()OnOL D on, Jf....C KSOI'-.!.A' I L L[ 1Af'>lDO [. LACIi"SA ....1!~.sluNr~. 1\.'lAI'.'1 1'.1/\ P r I r'Jr I l()P. 1 AMP/\ August 28, 1980 Hr. Harren E. "Pete" Knowles City Manager City of Sanford P. O. Box 1778 Sanford, Florida 32771 Dear Pete: Thank you very much for your letter of August 18th relative to county maintenance of certain roads from curb line to right-of-way line inside cities. This amendment came following the reclassification of roads adopted by the Legislature about 3 years ago. In the next session, the county attorney from Pinellas County came before the Transportation Committees of the Legislature and indicated that since the county would now be maintaining some roads inside the city, they would be incurring liability for certain activities that they had not experienced liability before i.e. sidewalks. He testified before the Committee that it was extremely unusual for the county to have sidewalks on county roads; however, reclassified county roads that extended through municipalities often had such sidewalks and he requested that counties be relieved .' from this potential liability and such liability remain with the city that constructed such sidewalks. We testified that cities should be responsible for all of the requirements of city streets; that counties should be responsible for all requirements or county roads; and state should be responsible for all requirements of state roads. There '\Vas considerable discussion in both the House and Senate Con~ittee and the final result was the adoption of this current provision in the law. " ,1/,'[,'1[<,; f<i"r;-:~,'~IlU"G If your county indica tes tha t the Florida LeaGue of Ci ties ~',"~~),:)'r,r['~L~s...;~~ LAUOlRDAU Tlhad the second sentence inserted into 335.04 (4) ", you [. (,~~b~N'H~T may clearly advise them that this \.vas a specific issue ~'(I); ~:~':~:~~:;'N raised by the Pinellas County attorney and ~W-or~", ".'I<"ID"[ P, HOLLYWOOD supported bv the S ta te As socia tion of 1-\. l-\,\.1l1U1I.l:/,>", 1 H' ll) r~. K[ I'H-.lLnV .; 1 /''\....~\).\~_~~1!1/1.:')0:\\~ ' C t C I c so a ur /:0;-,,\, ~/'""""!Iv)'("'\ "":'j>ICJNi:R,OnL,ANDO oun y ommissioners. an a S8 e z.::;y$'~'/ ),'t\\;. ,,!-:Y-:;f' ,',';;;Y, ,r:;,V,~ ;;i"~NcH ')'ou tha t the prine ipal discus s ion was the i!:i:-::('/ ~ \1-;'-_ 'f ~ P f uno ques tion of liabili ty for side'\.VaIks and '~r\,-k.r\, ': I';~\")r~~~ ..;.~tor:L R, 1 ALLAHASSEE ...-l,.\{ \).. ..,. V ll. ttIe. mentl. on, l" f any, related to '~-'\\~ii ;~7 ,:;;. Ir)f- NT':,. '0r._j';-....~!..~/.........~ 'I ('.1 -,,', YOIl'.'_ beautification, mO'i\-ing, shoulder mainte- '\.:~/.:;";'''~;'\:\\\'\_ / ".-,."p,I,-,'nl.i,\I[~'rpr'AL[ f ,'fIIlll1"\ / r.\.';'::;L\':~r,1I nance, e tc. as being excluded rom county '~!y'n;;<</ t,',;:'" '~'.';.'J .qe KE Y' " ~. I. r J r:....:~ E R. TIT US V ILL E _""Fl~,,_-=- (J 1 f i( 1-\ i T' ;"'1:'1.11."'\ r J{ )'\ II: If: (), 1:).\ \':.".. i j 1 \ 1 ; f t ( i . ___,'_'4~____' "~_". -------_.,._-~._---_.. ,,-- Hr. Harren E. "Pete" KnO\vles August 28, 1980 Page 2 maintenance responsibilities. This action appears to be beyond the scope of testimony that was presented to the committees. I believe that the Legislators made their decision based on the single issue of sidewalk liability. They felt that cities had continuing liability in this area and it would be a new source of liability for the county. I don't know if it can be amended in the next session but we are certainly willing to take a shot at it. I am not aware of any interest, other than the counties, in the passage of this legislation. I also believe that there was an atmosphere of positive benefit to the cities because of the transfer of responsibility of the maintenance of such roads from the city to the county. Testimony was that the counties were going to be required to substantially increase their maintenance costs for the road surface. They are receiving a good deal of additional road responsibility inside cities. This situation, as you know, was ignored for many years. In addition, there was.a substantial change in jurisdictional responsibility between state and county roads and, in many instances, the counties received many additional miles of former state roads for maintenance. In this atmosphere, it is my belief that the Legislature felt that adding sidewalk liability to the road maintenance requirements was more than the Legislature was willing to accept at that time. These are my observations as I recall the legislation and, although we opposed the position, I cannot say that it was a high priority during that particular session. Hay I suggest that you determine if any of your local legislators are willing to introduce a bill that would correct this inequity and, if so, we will be pleased to draft such legislation. In the meantime I will place your letter with my response in the Urban Administration Policy Committee folder for consideration to be included in the 1981 Legislative Policy Statement of the League. Assuring you that we are always pleased to be of assistance and with kind regards, I am Very sincerely, ,.) I _Lo--.._~~ RaynlOnd, C . Sittig Executivh Director "------) RCS/V1.v cc: Claude Hullis Dan Kleman, Chailillan Urban Administration COIT~ittee