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Florida Statute 338.01 - Full Text and Legal Analysis
Florida Statute 338.01 | Lawyer Caselaw & Research
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F.S. 338.01 Case Law from Google Scholar Google Search for Amendments to 338.01

The 2025 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION
Chapter 338
LIMITED ACCESS AND TOLL FACILITIES
View Entire Chapter
338.01 Authority to establish and regulate limited access facilities.—
(1) The department may establish limited access facilities as provided in s. 335.02. The primary function of such limited access facilities shall be to allow high-speed and high-volume traffic movements within the state. Access to abutting land is subordinate to this function, and such access must be prohibited or highly regulated.
(2) The transportation and expressway authorities of the state, counties, and municipalities, referred to in this chapter as “authorities,” acting alone or in cooperation with each other or with any federal, state, or local governmental entity or agency of any other state that is authorized to construct highways, are authorized to provide limited access facilities for public use. Any of the authorities may construct a limited access highway as a new facility or may designate an existing street or highway as included within a limited access facility. However, if the limited access facility is entirely located within an incorporated municipality, such authority is subject to municipal consent; except that such consent is not necessary when such limited access facility is part of the interstate system.
(3) If the jurisdiction of the department or the commissioners over any public highway is jointly involved or would be affected by the exercise of such authority, their joint action or agreement is necessary to make the exercise of authority hereunder effective.
(4) Such action shall be taken by appropriate resolution or ordinance of the authority or authorities. Notice of such action shall be given by publication in a newspaper of general circulation in the locality affected at least 15 days before such authority becomes effective, and appropriate traffic signs and markers shall be erected along the facility affected to give due notice to public travel of the action to be taken.
(5) The authorities may regulate the use of such limited access facilities. No public road shall be connected with any such limited access facility without the prior approval of the authority having jurisdiction over the limited access facility. Such approval shall be given only if the public interest will be served.
(6) No automotive service station or other commercial establishment for serving motor vehicle users, except as authorized by a transportation or expressway authority, or by law for a turnpike project, shall be located within the right-of-way of, or on publicly owned or leased land acquired or used for, a controlled limited access facility. The provisions of this subsection shall not be deemed to exempt transportation and expressway authorities from local zoning and planning laws and ordinances.
(7) All new limited access facilities and existing transportation facilities on which new or replacement electronic toll collection systems are installed shall be interoperable with the department’s electronic toll collection system.
(8) The department, or other governmental entity responsible for the collection of tolls, may pursue the collection of unpaid tolls and associated fees and other amounts to which it is entitled by contracting with a private attorney who is a member in good standing with The Florida Bar or a collection agent who is registered and in good standing pursuant to chapter 559. A collection fee in an amount that is reasonable within the collection industry, including any reasonable attorney fees, may be added to the delinquent amount collected by any attorney or collection agent retained by the department or other governmental entity. The requirements of s. 287.059 do not apply to private attorney services procured under this section.
History.—s. 111, ch. 29965, 1955; s. 1, ch. 61-435; ss. 23, 35, ch. 69-106; s. 172, ch. 84-309; s. 66, ch. 85-180; s. 12, ch. 2009-85; s. 40, ch. 2012-174.

F.S. 338.01 on Google Scholar

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Amendments to 338.01


Annotations, Discussions, Cases:

Cases Citing Statute 338.01

Total Results: 7  |  Sort by: Relevance  |  Newest First

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Florida State Tpk. Auth. v. Anhoco Corp., 116 So. 2d 8 (Fla. 1959).

Cited 9 times | Published | Supreme Court of Florida

...limited access facility was inconsistent with the easement originally intended and that court cited the Highway Code, Sec. 334.02, Florida Statutes 1955, F.S.A., dealing generally with the highway system of the state. The court also referred to Sec. 338.01, Florida Statutes 1955, Fifth Part of Florida Highway Code, F.S.A., which provides authority to establish limited access facilities when considered necessary to the highway system....
...This, we think, cannot be summarily done, and we think the legislature had no intention that it could be accomplished without compensation to the owners for loss that might be suffered by them. In Chapter 338 we find that although the first section, 338.01, confers on the "highway authorities of the state [the extensive power] to plan, designate, establish, regulate, vacate, alter, improve, maintain, and provide limited access facilities" latter parts of the chapter impose conditions for the protection of property owners....
...Section 338.04 merely provides that the authorities may acquire private or public property or property rights for limited access facilities and when such action is taken, such rights shall be acquired in fee simple. Other portions of the act, notably Sections 338.01 and 338.02, clearly contemplate establishing limited access facilities in existing highways and I find no requirement in the statute or elsewhere that, before doing so, the authorities are required to acquire the fee simple title to the existing roadways....
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Florida State Tpk. Auth. v. Anhoco Corp., 107 So. 2d 51 (Fla. Dist. Ct. App. 1958).

Cited 8 times | Published | District Court of Appeal of Florida

...*55 Under the general authority granted to the State Road Department to provide for an adequate road system (Fla. Stat., F.S.A., § 334.02), the Department is specifically authorized to establish limited access facilities in such areas as the needs may require (Fla. Stat., F.S.A., § 338.01)....
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Pinellas Cnty. v. State, 776 So. 2d 262 (Fla. 2001).

Cited 5 times | Published | Supreme Court of Florida | 2001 WL 23117

...d a complaint for condemnation seeking to obtain a right-of-way needed to construct a limited access highway. Property owners located in the City of Jacksonville opposed the complaint on the ground, inter alia, that there had been no compliance with section 338.01, Florida Statutes, requiring municipal consent for the construction of certain limited access highways. The JTA did not contend that it was not proceeding pursuant to, or bound by the requirements of, section 338.01....
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Hodges v. Jacksonville Transp. Auth., 353 So. 2d 1211 (Fla. 1st DCA 1977).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1977 Fla. App. LEXIS 17274

...ht-of-way along the new proposed alignment. At a hearing on the Order of Taking which was held on October 19, 1977 the *1213 property owners resisted the entry of an Order of Taking on the ground, inter alia, that there had been no compliance with F.S. 338.01, which statute requires municipal consent to certain limited access highway construction....
...A final hearing was held on October 25-26 at the conclusion of which the Order of Taking here sought to be reviewed was entered. We are here only concerned with Parcels 50 and 50X. Petitioners seek to overturn the Order of Taking on the grounds that: municipal consent had not been obtained as required by F.S. 338.01; the resolution authorizing condemnation was invalid as to Parcels 50 and 50X because JTA already owned substantially all of the property needed for right-of-way purposes along the original alignment; the appraisal submitted for severance d...
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Preston v. City Nat'l Bank of Miami, 294 So. 2d 11 (Fla. 3d DCA 1974).

Cited 3 times | Published | Florida 3rd District Court of Appeal

1939). To the same effect, Restatement Trusts 2d § 338(1) at 167. [7] Smith v. Massachusetts Mut. Life
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Dep't of Transp. v. United Capital Funding Corp., 219 So. 3d 126 (Fla. 2d DCA 2017).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 92 U.C.C. Rep. Serv. 2d (West) 668, 2017 WL 1536070, 2017 Fla. App. LEXIS 5902

generally Restatement (Second) of .Contracts, § 338(1) (Am, Law Inst. 1977). Although the briefs allude
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South Orlando Bus. Grp. v. City of Edgewood, 585 So. 2d 985 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 8055, 1991 WL 154816

trial judge’s decision is his reference to section 338.01(1), which reads, in pertinent part: 338.01

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.