The 2023 Florida Statutes (including Special Session C)

Title XXVI
PUBLIC TRANSPORTATION

Chapter 336
COUNTY ROAD SYSTEM

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F.S. 336.09

336.09 Closing and abandonment of roads; authority.—

(1) The commissioners, with respect to property under their control may in their own discretion, and of their own motion, or upon the request of any agency of the state, or of the federal government, or upon petition of any person or persons, are hereby authorized and empowered to:

(a) Vacate, abandon, discontinue and close any existing public or private street, alleyway, road, highway, or other place used for travel, or any portion thereof, other than a state or federal highway, and to renounce and disclaim any right of the county and the public in and to any land in connection therewith;

(b) Renounce and disclaim any right of the county and the public in and to any land, or interest therein, acquired by purchase, gift, devise, dedication or prescription for street, alleyway, road or highway purposes, other than lands acquired for state and federal highway; and

(c) Renounce and disclaim any right of the county and the public in and to land, other than land constituting, or acquired for, a state or federal highway, delineated on any recorded map or plat as a street, alleyway, road or highway.

(2) The commissioners, upon such motion, request, or petition, may adopt a resolution declaring that at a definite time and place a public hearing will be held to consider the advisability of exercising the authority granted in this section.

History.—s. 49, ch. 29965, 1955.

F.S. 336.09 on Google Scholar

F.S. 336.09 on Casetext

Amendments to 336.09

Arrestable Offenses / Crimes under Fla. Stat. 336.09

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 336.09.

Annotations, Discussions, Cases:

Cases from cite.case.law:

R. BOULDIN, H. D. A. N. v. OKALOOSA COUNTY,, 580 So. 2d 205 (Fla. Dist. Ct. App. 1991)

. . . Resolution 89-101, the commission failed to follow the procedural requirements of sections 336.08, 336.09 . . . that the notices of the public hearing failed to comply with the statutory requirements of sections 336.09 . . . Section 336.09 provides in pertinent part: (1) The commissioners, with respect to property under their . . . These same considerations are pertinent and applicable to public hearings under sections 336.09 and 336.10 . . . We agree that sections 336.09 and 336.10 contemplate a finding by the commission that the closing is . . .

ECOLOGICAL DEVELOPMENT, INC. a v. WALTON COUNTY, a, 558 So. 2d 1069 (Fla. Dist. Ct. App. 1990)

. . . Clearly, the county had the authority to vacate or abandon the roads altogether under section 336.09, . . .

SEASIDE PROPERTIES, INC. a v. STATE ROAD DEPARTMENT, 190 So. 2d 391 (Fla. Dist. Ct. App. 1966)

. . . Section 336.09, Florida Statutes, F.S.A., provides that the Board of County Commissioners may close an . . .

W. LINNING v. BOARD OF COUNTY COMMISSIONERS OF DUVAL COUNTY,, 176 So. 2d 350 (Fla. Dist. Ct. App. 1965)

. . . . §§ 336.09, 336.10, F.S.A. . Brooks-Garrison Hotel Corp. et al. v. Sara Inv. . . .

B. LOVEY v. ESCAMBIA COUNTY, a a, 141 So. 2d 761 (Fla. Dist. Ct. App. 1962)

. . . Sections 336.09-336.10, F.S.A., which relate to the discontinuance and closing by the county authorities . . . See Sections 336.09 and 336.10 Florida Statutes 1959. . . . Sections 336.09 and 336.10, F.S.A., which have been discussed. . . .

W. B. WEDNER v. ESCAMBIA CHEMICAL CORPORATION, 102 So. 2d 631 (Fla. Dist. Ct. App. 1958)

. . . . §§ 336.09-336.12; Islenworth Grove Co. v. County of Orange, 79 Fla. 208, 84 So. 83; Wilton v. . . .

In DEENA WOOLEN MILLS,, 114 F. Supp. 260 (D. Me. 1953)

. . . Livermore Corporation, amounting to $1,-336.09, stating that all charges were for loom supplies and maintenance . . .

G. v., 10 B.T.A. 534 (B.T.A. 1928)

. . . $1,686; depreciation on Paige car from January 1 to May 24, 1921, at the rate of 25 per cent per annum, $336.09 . . .

Co. v., 5 Ct. Cust. 69 (C.C.P.A. 1914)

. . . entry was made for 19,156 pounds of wool, at 4,198 Tientsin taels — nondutiable charges deducted were 336.09 . . .