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Attorney Doty further.noted that the 1936 General Highway <br />and Transportation Map prepared by the federal works agency PWA <br />shows Jungle Trail in its current alignment and designates it as <br />State Road 252, and there is also a 1946 road map of the roadways <br />in Indian River County done by R.D.Carter, which designates <br />Jungle Trail in its present alignment and identifies it as A -1-A. <br />He stressed that the DOT cannot find evidence that this road was <br />ever conveyed back to the county . There is no proof of abandon- <br />ment by the state, and he believed this needs to be determined. <br />Commissioner Scurlock asked how we can designate it historic <br />if it is not a county road. <br />Attorney Collins stated that it is a county road and we can <br />answer this right now. We don't dispute its status in the past, <br />but it is a question of do we have good legal claim to that road <br />which has been shown on maps as a state road. He then quoted <br />from FS 335.01 which declares all roads open and available for <br />use by the public and dedicated to public use to be established <br />as public roads. It also says that the public roads shall be <br />divided into 4 systems, one of which is the county road system. <br />Attorney Collins next cited FS 335.04 which says the DOT has the <br />responsibility of functionally classifying all public roads in <br />the state and assigning them to the appropriate road system. <br />This statute sets out basic functional categories, and the county <br />road system is defined as all collector roads in the unincor- <br />porated area and all extensions into and through any incorporated <br />areas. Therefore, whether this was once on the state road system <br />or not, the state DOT functionally classifies roads and notifies <br />governments of a transfer in responsibility for the maintenance, <br />and obviously since the County has just filed a maintenance map <br />and we know we have records of maintenance for 4 years, at some <br />point in the past it was classified as a collector road in the <br />county system, and the issue of a deed by the state is really <br />moot. <br />71 <br />JUN 2 poor j _ {cr � In <br />n <br />J <br />