§ 21-4. Use of county roads for drainage.

(a)

In this section "county public road" includes county roads; roads heretofore designated by the legislature as state roads but not taken over and maintained by the state department of transportation; platted or dedicated public rights-of-way and streets whether or not the same are paved, graded, improved or used by the public for travel; roads established by prescription, or long continued use, whether dedicated, maintained by the county, or otherwise; and streets and alleys dedicated as rights-of-way upon recorded subdivision plats. "County public road" includes the roadbed, rights-of-way, and all ditches, slopes, embankments, shoulders, bridges and drains.

(b)

The board of county commissioners may, when it determines such action to be in the public interest, use and utilize any county public road or right-of-way or any portion thereof for drainage purposes to accomplish the carrying away of surface waters from such road right-of-way and from adjoining and adjacent lands.

(c)

In using such county roads for such drainage purposes, the board of county commissioners may do and perform any excavating, digging, ditching or filling, necessary to effectuate such drainage; provided, however, that the same shall not result in depositing excess surface waters beyond normal flow upon the lands of any owner without his consent.

(Code 1965, §§ 26-26—26-28; Laws of Fla. ch. 26069(1949), §§ 1—4)