Florida Statute 337.29 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION

Chapter 337
CONTRACTING; ACQUISITION, DISPOSAL, AND USE OF PROPERTY

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337.29 Vesting of title to roads; liability for torts.—

(1) Title to all roads designated in the State Highway System or State Park Road System shall be in the state, unless otherwise provided herein.

(2) Upon the vesting of title to any lands for highway purposes in the state, local governmental entities shall forthwith issue a deed or right-of-way map to the state covering such lands, which shall be duly recorded. Recordation of deeds or right-of-way maps shall also be effected upon acquisition of any lands by the department.

(3) Title to all roads transferred in accordance with s. 335.0415 shall be in the governmental entity to which such roads have been transferred, upon the recording of a deed or a right-of-way map by the appropriate governmental entity in the public land records of the county or counties in which such rights-of-way are located. To the extent that sovereign immunity has been waived, liability for torts shall be in the governmental entity having operation and maintenance responsibility as provided in s. 335.0415. Except as otherwise provided by law, a municipality shall have the same governmental, corporate, and proprietary powers with relation to any public road or right-of-way within the municipality which has been transferred to another governmental entity pursuant to s. 335.0415 that the municipality has with relation to other public roads and rights-of-way within the municipality.

History.—s. 108, ch. 29965, 1955; ss. 23, 35, ch. 69-106; s. 16, ch. 77-165; s. 5, ch. 77-416; s. 2, ch. 78-285; s. 169, ch. 84-309; s. 85, ch. 99-385; s. 34, ch. 2012-174.

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Amendments to 337.29

Annotations, Discussions, Cases:

Cases Citing Statute 337.29

Total Results: 4 | Sort by: Relevance | Newest First

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City of Daytona Beach Shores v. State, 454 So. 2d 651 (Fla. 5th DCA 1984).

Cited 1 times | Published | Florida 5th District Court of Appeal | 1984 Fla. App. LEXIS 14167

...xclusive jurisdiction over the Dunlawton ramp and the Atlantic Ocean beach, which are both functionally classified by the Florida Department of Transportation as local roads. Title to these roads has been transferred to the municipality by virtue of Section 337.29(3), Florida Statutes....

...The fact that this particular beach is unique in that it can accommodate vehicular traffic does not change its inherent nature as a beach. Arguments pertaining to whether title to this right-of-way passed to the city during reclassification under the transportation statutes are without merit. Section 337.29(3), Florida Statutes by itself cannot provide a basis for alienating property which is constitutionally vested in the state of Florida....

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Dep't of Transp. v. Hanes, 448 So. 2d 1130 (Fla. Dist. Ct. App. 1984).

Cited 1 times | Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12592

responsibility DOT is liable for torts related thereto. See § 337.29(3), Florida Statutes. In the present case there

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Fox v. Troup Bros., Inc., 137 So. 2d 620 (Fla. Dist. Ct. App. 1962).

Published | District Court of Appeal of Florida

Code, Fourth Part, particularly § 337.28(2) and § 337.29(2), Florida Statutes, 1959 [F.S.A.], was and is

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Ago (Fla. Att'y Gen. 1981).

Published | Florida Attorney General Reports

provided in s. 335.04(4).' (Emphasis supplied.) Section 337.29(3), as amended, appears to effect by operation

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.