HB 0625

1	A bill to be entitled
2	An act relating to abandonment of roads; amending s.
3	316.00825, F.S.; providing for conveyance of roads by a
4	municipality to a homeowners' association; amending s.
5	316.006, F.S.; providing for traffic control jurisdiction
6	over such conveyed roads; providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1.  Section 316.00825, Florida Statutes, is amended
11	to read:
12	316.00825  Closing and abandonment of roads; optional
13	conveyance to homeowners' association; traffic control
14	jurisdiction.--
15	(1)(a)  In addition to the authority provided in s. 336.12,
16	the governing body of the county or municipality may abandon the
17	roads and rights-of-way dedicated in a recorded residential
18	subdivision plat and simultaneously convey the county's or
19	municipality's interest in such roads, rights-of-way, and
20	appurtenant drainage facilities to a homeowners' association for
21	the subdivision, if the following conditions have been met:
22	1.  The homeowners' association has requested the
23	abandonment and conveyance in writing for the purpose of
24	converting the subdivision to a gated neighborhood with
25	restricted public access.
26	2.  No fewer than four-fifths of the owners of record of
27	property located in the subdivision have consented in writing to
28	the abandonment and simultaneous conveyance to the homeowners'
29	association.
30	3.  The homeowners' association is both a corporation not
31	for profit organized and in good standing under chapter 617, and
32	a "homeowners' association" as defined in s. 720.301(9) with the
33	power to levy and collect assessments for routine and periodic
34	major maintenance and operation of street lighting, drainage,
35	sidewalks, and pavement in the subdivision.
36	4.  The homeowners' association has entered into and
37	executed such agreements, covenants, warranties, and other
38	instruments; has provided, or has provided assurance of, such
39	funds, reserve funds, and funding sources; and has satisfied
40	such other requirements and conditions as may be established or
41	imposed by the county or municipality with respect to the
42	ongoing operation, maintenance, and repair and the periodic
43	reconstruction or replacement of the roads, drainage, street
44	lighting, and sidewalks in the subdivision after the abandonment
45	by the county or municipality.
46	(b)  The homeowners' association shall install, operate,
47	maintain, repair, and replace all signs, signals, markings,
48	striping, guardrails, and other traffic control devices
49	necessary or useful for the private roads unless an agreement
50	has been entered into between the county or municipality and the
51	homeowners' association, as authorized under s. 316.006(2)(b) or
52	(3)(b), expressly providing that the county or municipality has
53	traffic control jurisdiction.
54	(2)  Upon abandonment of the roads and rights-of-way and
55	the conveyance thereof to the homeowners' association, the
56	homeowners' association shall have all the rights, title, and
57	interest in the roads and rights-of-way, including all
58	appurtenant drainage facilities, as were previously vested in
59	the county or municipality. Thereafter, the homeowners'
60	association shall hold the roads and rights-of-way in trust for
61	the benefit of the owners of the property in the subdivision,
62	and shall operate, maintain, repair, and, from time to time,
63	replace and reconstruct the roads, street lighting, sidewalks,
64	and drainage facilities as necessary to ensure their use and
65	enjoyment by the property owners, tenants, and residents of the
66	subdivision and their guests and invitees. The provisions of
67	this section shall be regarded as supplemental and additional to
68	the provisions of s. 336.12, and shall not be regarded as in
69	derogation of that section.
70	Section 2.  Subsection (2) of section 316.006, Florida
71	Statutes, is amended to read:
72	316.006  Jurisdiction.--Jurisdiction to control traffic is
73	vested as follows:
74	(2)  MUNICIPALITIES.--
75	(a)  Chartered municipalities shall have original
76	jurisdiction over all streets and highways located within their
77	boundaries, except state roads, and may place and maintain such
78	traffic control devices which conform to the manual and
79	specifications of the Department of Transportation upon all
80	streets and highways under their original jurisdiction as they
81	shall deem necessary to indicate and to carry out the provisions
82	of this chapter or to regulate, warn, or guide traffic.
83	(b)  A municipality may exercise jurisdiction over any
84	private road or roads, or over any limited access road or roads
85	owned or controlled by a special district, located within its
86	boundaries if the municipality and party or parties owning or
87	controlling such road or roads provide, by written agreement
88	approved by the governing body of the municipality, for
89	municipal traffic control jurisdiction over the road or roads
90	encompassed by such agreement. Pursuant thereto:
91	1.  Provision for reimbursement for actual costs of traffic
92	control and enforcement and for liability insurance and
93	indemnification by the party or parties, and such other terms as
94	are mutually agreeable, may be included in such an agreement.
95	2.  The exercise of jurisdiction provided for herein shall
96	be in addition to jurisdictional authority presently exercised
97	by municipalities under law, and nothing in this paragraph shall
98	be construed to limit or remove any such jurisdictional
99	authority. Such jurisdiction includes regulation of access to
100	such road or roads by security devices or personnel.
101	3.  Any such agreement may provide for the installation of
102	multiparty stop signs by the parties controlling the roads
103	covered by the agreement if a determination is made by such
104	parties that the signage will enhance traffic safety. Multiparty
105	stop signs must conform to the manual and specifications of the
106	Department of Transportation; however, minimum traffic volumes
107	may not be required for the installation of such signage.
108	Enforcement for the signs shall be as provided in s. 316.123.
109	(c)  If the governing body of a municipality abandons the
110	roads and rights-of-way dedicated in a recorded residential
111	subdivision, and simultaneously conveys the municipality's
112	interest therein to a homeowners' association for the
113	subdivision in the manner prescribed in s. 316.00825, that
114	municipality's traffic control jurisdiction over the abandoned
115	and conveyed roads ceases unless the requirements of paragraph
116	(b) are met.
117
118	This subsection shall not limit those counties which have the
119	charter powers to provide and regulate arterial, toll, and other
120	roads, bridges, tunnels, and related facilities from the proper
121	exercise of those powers by the placement and maintenance of
122	traffic control devices which conform to the manual and
123	specifications of the Department of Transportation on streets
124	and highways located within municipal boundaries.
125	Section 3.  This act shall take effect July 1, 2005.

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