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Town attorney warns against FDOT right-of-way agreements for private improvements
Summary
Town attorney told commissioners FDOT is proposing an agreement that would shift maintenance liability to the town for private pavers and irrigation in FDOT right-of-way, recommending caution and private indemnity agreements if the town considers allowing those improvements.
The town attorney advised the commission that FDOT will permit certain private-property improvements (for example, pavers or irrigation within FDOT right-of-way) only if the local jurisdiction signs an agreement that may carry maintenance and liability responsibilities. The attorney recommended developing a separate contract with a private owner that would place obligations back on the private owner and include indemnification and insurance if the town contemplates accepting such agreements.
Commissioners raised practical questions about existing local installations that appear to have been completed without FDOT permits and discussed potential policy changes. The attorney warned the commission about increased sovereign immunity thresholds and the risk that the town could be named in lawsuits tied to improvements in the right-of-way; commissioners asked staff to research whether prior installations had been permitted and to weigh the administrative and liability implications.
