CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for CS for SB 522
Amendment No. ___ Barcode 102840
CHAMBER ACTION
Senate House
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11 Senator Sebesta moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 3, between lines 4 and 5,
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16 insert:
17 Section 2. Paragraph (c) is added to subsection (3) of
18 section 316.006, Florida Statutes, to read:
19 316.006 Jurisdiction.--Jurisdiction to control traffic
20 is vested as follows:
21 (3) COUNTIES.--
22 (c) If the governing body of a county abandons the
23 roads and rights-of-way dedicated in a recorded residential
24 subdivision, and simultaneously conveys the county's interest
25 therein to a homeowners' association for the subdivision in
26 the manner prescribed in s. 316.00825, that county's traffic
27 control jurisdiction over the abandoned and conveyed roads
28 ceases unless the requirements of paragraph (b) are met.
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30 Notwithstanding the provisions of subsection (2), each county
31 shall have original jurisdiction to regulate parking, by
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SENATE AMENDMENT
Bill No. CS for CS for SB 522
Amendment No. ___ Barcode 102840
1 resolution of the board of county commissioners and the
2 erection of signs conforming to the manual and specifications
3 of the Department of Transportation, in parking areas located
4 on property owned or leased by the county, whether or not such
5 areas are located within the boundaries of chartered
6 municipalities.
7 Section 3. Section 316.00825, Florida Statutes, is
8 created to read:
9 316.00825 Closing and abandonment of roads; optional
10 conveyance to homeowners' association; traffic control
11 jurisdiction.--
12 (1)(a) In addition to the authority provided in s.
13 336.12, the governing body of the county may abandon the roads
14 and rights-of-way dedicated in a recorded residential
15 subdivision plat and simultaneously convey the county's
16 interest in such roads, rights-of-way, and appurtenant
17 drainage facilities to a homeowners' association for the
18 subdivision, if the following conditions have been met:
19 1. The homeowners' association has requested the
20 abandonment and conveyance in writing for the purpose of
21 converting the subdivision to a gated neighborhood with
22 restricted public access.
23 2. No fewer than four-fifths of the owners of record
24 of property located in the subdivision have consented in
25 writing to the abandonment and simultaneous conveyance to the
26 homeowners' association.
27 3. The homeowners' association is both a corporation
28 not for profit organized and in good standing under chapter
29 617, and a "homeowners' association" as defined in s.
30 720.301(7) with the power to levy and collect assessments for
31 routine and periodic major maintenance and operation of street
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SENATE AMENDMENT
Bill No. CS for CS for SB 522
Amendment No. ___ Barcode 102840
1 lighting, drainage, sidewalks, and pavement in the
2 subdivision.
3 4. The homeowners' association has entered into and
4 executed such agreements, covenants, warranties, and other
5 instruments; has provided, or has provided assurance of, such
6 funds, reserve funds, and funding sources; and has satisfied
7 such other requirements and conditions as may be established
8 or imposed by the county with respect to the ongoing
9 operation, maintenance, and repair and the periodic
10 reconstruction or replacement of the roads, drainage, street
11 lighting, and sidewalks in the subdivision after the
12 abandonment by the county.
13 (b) The homeowners' association shall install,
14 operate, maintain, repair, and replace all signs, signals,
15 markings, striping, guardrails, and other traffic control
16 devices necessary or useful for the private roads unless an
17 agreement has been entered into between the county and the
18 homeowners' association, as authorized under s. 316.006(3)(b),
19 expressly providing that the county has traffic control
20 jurisdiction.
21 (2) Upon abandonment of the roads and rights-of-way
22 and the conveyance thereof to the homeowners' association, the
23 homeowners' association shall have all the rights, title, and
24 interest in the roads and rights-of-way, including all
25 appurtenant drainage facilities, as were previously vested in
26 the county. Thereafter, the homeowners' association shall
27 hold the roads and rights-of-way in trust for the benefit of
28 the owners of the property in the subdivision, and shall
29 operate, maintain, repair, and, from time to time, replace and
30 reconstruct the roads, street lighting, sidewalks, and
31 drainage facilities as necessary to ensure their use and
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SENATE AMENDMENT
Bill No. CS for CS for SB 522
Amendment No. ___ Barcode 102840
1 enjoyment by the property owners, tenants, and residents of
2 the subdivision and their guests and invitees. The provisions
3 of this section shall be regarded as supplemental and
4 additional to the provisions of s. 336.12, and shall not be
5 regarded as in derogation of that section.
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7 (Redesignate subsequent sections.)
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11 And the title is amended as follows:
12 On page 1, line 6, after the first semicolon,
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15 amending s. 316.006, F.S.; revising the traffic
16 control jurisdiction of a county over certain
17 roads and rights-of-way dedicated in a
18 residential subdivision under certain
19 circumstances; creating s. 316.00825, F.S.;
20 authorizing the governing body of a county to
21 abandon the roads and rights-of-way dedicated
22 in a recorded subdivision plat under certain
23 circumstances; providing for traffic control
24 jurisdiction of such roads;
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