Florida Senate - 2018                                    SB 1794
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       37-01671-18                                           20181794__
    1                        A bill to be entitled                      
    2         An act relating to kiosks and pushcarts; amending s.
    3         337.408, F.S.; authorizing kiosks and pushcarts,
    4         including advertising displayed on such kiosks and
    5         pushcarts, to be installed within the right-of-way
    6         limits of any municipal, county, or state road, except
    7         a limited access highway, subject to certain
    8         requirements and restrictions; conforming provisions
    9         to changes made by the act; amending s. 479.16, F.S.;
   10         conforming a provision to changes made by the act;
   11         providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 337.408, Florida Statutes, is amended to
   16  read:
   17         337.408 Regulation of bus stops, benches, transit shelters,
   18  street light poles, waste disposal receptacles, and modular news
   19  racks, kiosks, and pushcarts within rights-of-way.—
   20         (1) Benches or transit shelters, including advertising
   21  displayed on benches or transit shelters, may be installed
   22  within the right-of-way limits of any municipal, county, or
   23  state road, except a limited access highway, provided that such
   24  benches or transit shelters are for the comfort or convenience
   25  of the general public or are at designated stops on official bus
   26  routes and provided that written authorization has been given to
   27  a qualified private supplier of such service by the municipal
   28  government within whose incorporated limits such benches or
   29  transit shelters are installed or by the county government
   30  within whose unincorporated limits such benches or transit
   31  shelters are installed. A municipality or county may authorize
   32  the installation, without public bid, of benches and transit
   33  shelters together with advertising displayed thereon within the
   34  right-of-way limits of such roads. All installations shall be in
   35  compliance with all applicable laws and rules, including,
   36  without limitation, the Americans with Disabilities Act.
   37  Municipalities and counties that authorize or have authorized a
   38  bench or transit shelter to be installed within the right-of-way
   39  limits of any road on the State Highway System shall be
   40  responsible for ensuring that the bench or transit shelter
   41  complies with all applicable laws and rules, including, without
   42  limitation, the Americans with Disabilities Act, or must shall
   43  remove the bench or transit shelter. The department has shall
   44  have no liability for any claims, losses, costs, charges,
   45  expenses, damages, liabilities, attorney fees, or court costs
   46  relating to the installation, removal, or relocation of any
   47  benches or transit shelters authorized by a municipality or
   48  county. On and after July 1, 2012, a municipality or county that
   49  authorizes a bench or transit shelter to be installed within the
   50  right-of-way limits of any road on the State Highway System must
   51  require the qualified private supplier, or any other person
   52  under contract to install the bench or transit shelter, to
   53  indemnify, defend, and hold harmless the department from any
   54  suits, actions, proceedings, claims, losses, costs, charges,
   55  expenses, damages, liabilities, attorney fees, and court costs
   56  relating to the installation, removal, or relocation of such
   57  installations, and must shall annually certify to the department
   58  in a notarized signed statement that this requirement has been
   59  met. The certification must shall include the name and address
   60  of each person responsible for indemnifying the department for
   61  an authorized installation. Municipalities and counties that
   62  have authorized the installation of benches or transit shelters
   63  within the right-of-way limits of any road on the State Highway
   64  System must remove or relocate, or cause the removal or
   65  relocation of, the installation at no cost to the department
   66  within 60 days after written notice by the department that the
   67  installation is unreasonably interfering in any way with the
   68  convenient, safe, or continuous use of or the maintenance,
   69  improvement, extension, or expansion of the State Highway System
   70  road. Any contract for the installation of benches or transit
   71  shelters or advertising on benches or transit shelters which was
   72  entered into before April 8, 1992, without public bidding is
   73  ratified and affirmed. Such benches or transit shelters may not
   74  interfere with right-of-way preservation and maintenance. Any
   75  bench or transit shelter located on a sidewalk within the right
   76  of-way limits of any road on the State Highway System or the
   77  county road system must shall be located so as to leave at least
   78  36 inches of clearance for pedestrians and persons in
   79  wheelchairs. Such clearance shall be measured in a direction
   80  perpendicular to the centerline of the road.
   81         (2) Waste disposal receptacles of less than 110 gallons in
   82  capacity, including advertising displayed on such waste disposal
   83  receptacles, may be installed within the right-of-way limits of
   84  any municipal, county, or state road, except a limited access
   85  highway, provided that written authorization has been given to a
   86  qualified private supplier of such service by the appropriate
   87  municipal or county government. A municipality or county may
   88  authorize the installation, without public bid, of waste
   89  disposal receptacles together with advertising displayed thereon
   90  within the right-of-way limits of such roads. Such waste
   91  disposal receptacles may not interfere with right-of-way
   92  preservation and maintenance.
   93         (3) Modular news racks, including advertising thereon, may
   94  be located within the right-of-way limits of any municipal,
   95  county, or state road, except a limited access highway, provided
   96  the municipal government within whose incorporated limits such
   97  racks are installed or the county government within whose
   98  unincorporated limits such racks are installed has passed an
   99  ordinance regulating the placement of modular news racks within
  100  the right-of-way and has authorized a qualified private supplier
  101  of modular news racks to provide such service. The modular news
  102  rack or advertising thereon may shall not exceed a height of 56
  103  inches or a total advertising space of 56 square feet. No later
  104  than 45 days before prior to installation of modular news racks,
  105  the private supplier shall provide a map of proposed locations
  106  and typical installation plans to the department for approval.
  107  If the department does not respond within 45 days after receipt
  108  of the submitted plans, installation may proceed.
  109         (4)Kiosks and pushcarts, including advertising displayed
  110  on the kiosks and pushcarts, may be installed within the right
  111  of-way limits of any municipal, county, or state road, except a
  112  limited access highway, provided that the appropriate municipal
  113  or county government has given its written authorization to a
  114  qualified private supplier of such service. Such kiosks and
  115  pushcarts may not interfere with right-of-way preservation and
  116  maintenance.
  117         (5)(4) The department has the authority to direct the
  118  immediate relocation or removal of any bus stop, bench, transit
  119  shelter, waste disposal receptacle, public pay telephone, or
  120  modular news rack, kiosk, or pushcart that endangers life or
  121  property or that is otherwise not in compliance with applicable
  122  laws and rules, except that transit bus benches that were placed
  123  in service before April 1, 1992, are not required to comply with
  124  bench size and advertising display size requirements established
  125  by the department before March 1, 1992. The department may adopt
  126  rules relating to the regulation of bench size and advertising
  127  display size requirements. If a municipality or county within
  128  which a bench is to be located has adopted an ordinance or other
  129  applicable regulation that establishes bench size or advertising
  130  display sign requirements different from requirements specified
  131  in department rule, the local government requirement applies
  132  within the respective municipality or county. Placement of any
  133  bench or advertising display on the National Highway System
  134  under a local ordinance or regulation adopted under this
  135  subsection is subject to approval of the Federal Highway
  136  Administration.
  137         (6)(5) A bus stop, bench, transit shelter, waste disposal
  138  receptacle, public pay telephone, or modular news rack, kiosk,
  139  or pushcart or advertising thereon, may not be erected or placed
  140  on the right-of-way of any road in a manner that conflicts with
  141  the requirements of federal law, regulations, or safety
  142  standards, thereby causing the state or any political
  143  subdivision the loss of federal funds. Competition among persons
  144  seeking to provide bus stop, bench, transit shelter, waste
  145  disposal receptacle, public pay telephone, or modular news rack,
  146  kiosk, or pushcart services or advertising on such benches,
  147  shelters, receptacles, public pay telephone, or news racks,
  148  kiosks, or pushcarts may be regulated, restricted, or denied by
  149  the appropriate local government entity consistent with this
  150  section.
  151         (7)(6) Street light poles, including attached public
  152  service messages and advertisements, may be located within the
  153  right-of-way limits of municipal and county roads in the same
  154  manner as benches, transit shelters, waste disposal receptacles,
  155  and modular news racks, kiosks, and pushcarts as provided in
  156  this section and in accordance with municipal and county
  157  ordinances. Public service messages and advertisements may be
  158  installed on street light poles on roads on the State Highway
  159  System in accordance with height, size, setback, spacing
  160  distance, duration of display, safety, traffic control, and
  161  permitting requirements established by administrative rule of
  162  the Department of Transportation. Public service messages and
  163  advertisements shall be subject to bilateral agreements, where
  164  applicable, to be negotiated with the owner of the street light
  165  poles, which shall consider, among other things, power source
  166  rates, design, safety, operational and maintenance concerns, and
  167  other matters of public importance. For the purposes of this
  168  section, the term “street light poles” does not include electric
  169  transmission or distribution poles. The department shall have
  170  authority to adopt rules pursuant to ss. 120.536(1) and 120.54
  171  to implement the provisions of this section. No advertising on
  172  light poles shall be permitted on the Interstate Highway System.
  173  No permanent structures carrying advertisements attached to
  174  light poles shall be permitted on the National Highway System.
  175         (8)(7) A public pay telephone, including advertising
  176  displayed thereon, may be installed within the right-of-way
  177  limits of any municipal, county, or state road, except on a
  178  limited access highway, if the pay telephone is installed by a
  179  provider duly authorized and regulated by the Public Service
  180  Commission under s. 364.3375, if the pay telephone is operated
  181  in accordance with all applicable state and federal
  182  telecommunications regulations, and if written authorization has
  183  been given to a public pay telephone provider by the appropriate
  184  municipal or county government. Each advertisement must be
  185  limited to a size no greater than 8 square feet, and a public
  186  pay telephone booth may not display more than 3 three
  187  advertisements at any given time. An advertisement is not
  188  allowed on public pay telephones located in rest areas, welcome
  189  centers, or other such facilities located on an interstate
  190  highway.
  191         (9)(8) Wherever the provisions of this section are
  192  inconsistent with other provisions of this chapter or with the
  193  provisions of chapter 125, chapter 335, chapter 336, or chapter
  194  479, the provisions of this section shall prevail.
  195         Section 2. Subsection (13) of section 479.16, Florida
  196  Statutes, is amended to read:
  197         479.16 Signs for which permits are not required.—The
  198  following signs are exempt from the requirement that a permit
  199  for a sign be obtained under this chapter but are required to
  200  comply with s. 479.11(4)-(8), and subsections (15)-(20) may not
  201  be implemented or continued if the Federal Government notifies
  202  the department that implementation or continuation will
  203  adversely affect the allocation of federal funds to the
  204  department:
  205         (13) Signs placed on benches, transit shelters, modular
  206  news racks, street light poles, public pay telephones, and waste
  207  receptacles, kiosks, and pushcarts within the right-of-way, as
  208  provided for in s. 337.408, are exempt from this chapter.
  209  
  210  If the exemptions in subsections (15)-(20) are not implemented
  211  or continued due to notification from the Federal Government
  212  that the allocation of federal funds to the department will be
  213  adversely impacted, the department shall provide notice to the
  214  sign owner that the sign must be removed within 30 days after
  215  receipt of the notice. If the sign is not removed within 30 days
  216  after receipt of the notice by the sign owner, the department
  217  may remove the sign, and the costs incurred in connection with
  218  the sign removal shall be assessed against and collected from
  219  the sign owner.
  220         Section 3. This act shall take effect July 1, 2018.