Senate Bill sb1130

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 1130

    By Senator Crist





    12-894-05                                           See HB 625

  1                      A bill to be entitled

  2         An act relating to abandonment of roads;

  3         amending s. 316.00825, F.S.; providing for

  4         conveyance of roads by a municipality to a

  5         homeowners' association; amending s. 316.006,

  6         F.S.; providing for traffic control

  7         jurisdiction over such conveyed roads;

  8         providing an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Section 316.00825, Florida Statutes, is

13  amended to read:

14         316.00825  Closing and abandonment of roads; optional

15  conveyance to homeowners' association; traffic control

16  jurisdiction.--

17         (1)(a)  In addition to the authority provided in s.

18  336.12, the governing body of the county or municipality may

19  abandon the roads and rights-of-way dedicated in a recorded

20  residential subdivision plat and simultaneously convey the

21  county's or municipality's interest in such roads,

22  rights-of-way, and appurtenant drainage facilities to a

23  homeowners' association for the subdivision, if the following

24  conditions have been met:

25         1.  The homeowners' association has requested the

26  abandonment and conveyance in writing for the purpose of

27  converting the subdivision to a gated neighborhood with

28  restricted public access.

29         2.  No fewer than four-fifths of the owners of record

30  of property located in the subdivision have consented in

31  

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 1130
    12-894-05                                           See HB 625




 1  writing to the abandonment and simultaneous conveyance to the

 2  homeowners' association.

 3         3.  The homeowners' association is both a corporation

 4  not for profit organized and in good standing under chapter

 5  617, and a "homeowners' association" as defined in s.

 6  720.301(9) with the power to levy and collect assessments for

 7  routine and periodic major maintenance and operation of street

 8  lighting, drainage, sidewalks, and pavement in the

 9  subdivision.

10         4.  The homeowners' association has entered into and

11  executed such agreements, covenants, warranties, and other

12  instruments; has provided, or has provided assurance of, such

13  funds, reserve funds, and funding sources; and has satisfied

14  such other requirements and conditions as may be established

15  or imposed by the county or municipality with respect to the

16  ongoing operation, maintenance, and repair and the periodic

17  reconstruction or replacement of the roads, drainage, street

18  lighting, and sidewalks in the subdivision after the

19  abandonment by the county or municipality.

20         (b)  The homeowners' association shall install,

21  operate, maintain, repair, and replace all signs, signals,

22  markings, striping, guardrails, and other traffic control

23  devices necessary or useful for the private roads unless an

24  agreement has been entered into between the county or

25  municipality and the homeowners' association, as authorized

26  under s. 316.006(2)(b) or (3)(b), expressly providing that the

27  county or municipality has traffic control jurisdiction.

28         (2)  Upon abandonment of the roads and rights-of-way

29  and the conveyance thereof to the homeowners' association, the

30  homeowners' association shall have all the rights, title, and

31  interest in the roads and rights-of-way, including all

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 1130
    12-894-05                                           See HB 625




 1  appurtenant drainage facilities, as were previously vested in

 2  the county or municipality. Thereafter, the homeowners'

 3  association shall hold the roads and rights-of-way in trust

 4  for the benefit of the owners of the property in the

 5  subdivision, and shall operate, maintain, repair, and, from

 6  time to time, replace and reconstruct the roads, street

 7  lighting, sidewalks, and drainage facilities as necessary to

 8  ensure their use and enjoyment by the property owners,

 9  tenants, and residents of the subdivision and their guests and

10  invitees. The provisions of this section shall be regarded as

11  supplemental and additional to the provisions of s. 336.12,

12  and shall not be regarded as in derogation of that section.

13         Section 2.  Subsection (2) of section 316.006, Florida

14  Statutes, is amended to read:

15         316.006  Jurisdiction.--Jurisdiction to control traffic

16  is vested as follows:

17         (2)  MUNICIPALITIES.--

18         (a)  Chartered municipalities shall have original

19  jurisdiction over all streets and highways located within

20  their boundaries, except state roads, and may place and

21  maintain such traffic control devices which conform to the

22  manual and specifications of the Department of Transportation

23  upon all streets and highways under their original

24  jurisdiction as they shall deem necessary to indicate and to

25  carry out the provisions of this chapter or to regulate, warn,

26  or guide traffic.

27         (b)  A municipality may exercise jurisdiction over any

28  private road or roads, or over any limited access road or

29  roads owned or controlled by a special district, located

30  within its boundaries if the municipality and party or parties

31  owning or controlling such road or roads provide, by written

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 1130
    12-894-05                                           See HB 625




 1  agreement approved by the governing body of the municipality,

 2  for municipal traffic control jurisdiction over the road or

 3  roads encompassed by such agreement. Pursuant thereto:

 4         1.  Provision for reimbursement for actual costs of

 5  traffic control and enforcement and for liability insurance

 6  and indemnification by the party or parties, and such other

 7  terms as are mutually agreeable, may be included in such an

 8  agreement.

 9         2.  The exercise of jurisdiction provided for herein

10  shall be in addition to jurisdictional authority presently

11  exercised by municipalities under law, and nothing in this

12  paragraph shall be construed to limit or remove any such

13  jurisdictional authority. Such jurisdiction includes

14  regulation of access to such road or roads by security devices

15  or personnel.

16         3.  Any such agreement may provide for the installation

17  of multiparty stop signs by the parties controlling the roads

18  covered by the agreement if a determination is made by such

19  parties that the signage will enhance traffic safety.

20  Multiparty stop signs must conform to the manual and

21  specifications of the Department of Transportation; however,

22  minimum traffic volumes may not be required for the

23  installation of such signage. Enforcement for the signs shall

24  be as provided in s. 316.123.

25         (c)  If the governing body of a municipality abandons

26  the roads and rights-of-way dedicated in a recorded

27  residential subdivision, and simultaneously conveys the

28  municipality's interest therein to a homeowners' association

29  for the subdivision in the manner prescribed in s. 316.00825,

30  that municipality's traffic control jurisdiction over the

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 1130
    12-894-05                                           See HB 625




 1  abandoned and conveyed roads ceases unless the requirements of

 2  paragraph (b) are met.

 3  

 4  This subsection shall not limit those counties which have the

 5  charter powers to provide and regulate arterial, toll, and

 6  other roads, bridges, tunnels, and related facilities from the

 7  proper exercise of those powers by the placement and

 8  maintenance of traffic control devices which conform to the

 9  manual and specifications of the Department of Transportation

10  on streets and highways located within municipal boundaries.

11         Section 3.  This act shall take effect July 1, 2005.

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  5

CODING: Words stricken are deletions; words underlined are additions.