CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 502
Amendment No. ___ Barcode 083436
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Jones moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 35, between lines 23 and 24,
15
16 insert:
17 Section 27. Subsection (5) of section 337.408, Florida
18 Statutes, is renumbered as subsection (6), and a new
19 subsection (5) is added to said section to read:
20 337.408 Regulation of benches, transit shelters,
21 street light poles, and waste disposal receptacles within
22 rights-of-way.--
23 (5) Street light poles, including attached public
24 service messages and advertisements, may be located within the
25 right-of-way limits of municipal and county roads in the same
26 manner as benches, transit shelters, and waste disposal
27 receptacles as provided in this section and in accordance with
28 municipal and county ordinances. Public service messages and
29 advertisements may be installed on street light poles on roads
30 on the State Highway System in accordance with height, size,
31 setback, spacing distance, duration of display, safety,
1
2:28 PM 03/20/02 s0502.tr40.08
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 502
Amendment No. ___ Barcode 083436
1 traffic control, and permitting requirements established by
2 administrative rule of the Department of Transportation.
3 Public service messages and advertisements shall be subject to
4 bilateral agreements, where applicable, to be negotiated with
5 the owner of the street light poles, which shall consider,
6 among other things, power source rates, design, safety,
7 operational and maintenance concerns, and other matters of
8 public importance. For the purposes of this section, the term
9 "street light poles" does not include electric transmission or
10 distribution poles. The department shall have authority to
11 establish administrative rules to implement this subsection.
12 No advertising on light poles shall be permitted on the
13 Interstate Highway System. No permanent structures carrying
14 advertisements attached to light poles shall be permitted on
15 the National Highway System.
16 Section 28. Paragraph (d) of subsection (2) of section
17 348.0003, Florida Statutes, is amended to read:
18 348.0003 Expressway authority; formation;
19 membership.--
20 (2) The governing body of an authority shall consist
21 of not fewer than five nor more than nine voting members. The
22 district secretary of the affected department district shall
23 serve as a nonvoting member of the governing body of each
24 authority located within the district. Each member of the
25 governing body must at all times during his or her term of
26 office be a permanent resident of the county which he or she
27 is appointed to represent.
28 (d) Notwithstanding any provision to the contrary in
29 this subsection, in any county as defined in s. 125.011(1),
30 the governing body of an authority shall consist of up to 13
31 members, and the following provisions of this paragraph shall
2
2:28 PM 03/20/02 s0502.tr40.08
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 502
Amendment No. ___ Barcode 083436
1 apply specifically to such authority. Except for the district
2 secretary of the department, the members must be residents of
3 the county. Seven voting members shall be appointed by the
4 governing body of the county. At the discretion of the
5 governing body of the county, up to two of the members
6 appointed by the governing body of the county may be elected
7 officials residing in the county. Five voting members of the
8 authority shall be appointed by the Governor. One member shall
9 be the district secretary of the department serving in the
10 district that contains such county. This member shall be an ex
11 officio voting member of the authority. If the governing board
12 of an authority includes any member originally appointed by
13 the governing body of the county as a nonvoting member, when
14 the term of such member expires, that member shall be replaced
15 by a member appointed by the Governor until the governing body
16 of the authority is composed of seven members appointed by the
17 governing body of the county and five members appointed by the
18 Governor. The qualifications, terms of office, and obligations
19 and rights of members of the authority shall be determined by
20 resolution or ordinance of the governing body of the county in
21 a manner that is consistent with subsections (3) and (4).
22 Section 29. Section 348.0008, Florida Statutes, is
23 amended to read:
24 348.0008 Acquisition of lands and property.--
25 (1) For the purposes of the Florida Expressway
26 Authority Act, an expressway authority may acquire such
27 rights, title, or interest in private or public property and
28 such property rights, including easements, rights of access,
29 air, view, and light, by gift, devise, purchase, or
30 condemnation by eminent domain proceedings, as the authority
31 may deem necessary for any of the purposes of the Florida
3
2:28 PM 03/20/02 s0502.tr40.08
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 502
Amendment No. ___ Barcode 083436
1 Expressway Authority Act, including, but not limited to, any
2 lands reasonably necessary for securing applicable permits,
3 areas necessary for management of access, borrow pits,
4 drainage ditches, water retention areas, rest areas,
5 replacement access for landowners whose access is impaired due
6 to the construction of an expressway system, and replacement
7 rights-of-way for relocated rail and utility facilities; for
8 existing, proposed, or anticipated transportation facilities
9 on the expressway system or in a transportation corridor
10 designated by the authority; or for the purposes of screening,
11 relocation, removal, or disposal of junkyards and scrap metal
12 processing facilities. The authority may also condemn any
13 material and property necessary for such purposes.
14 (2) An authority and its authorized agents,
15 contractors, and employees are authorized to enter upon any
16 lands, waters, and premises, upon giving reasonable notice to
17 the landowner, for the purpose of making surveys, soundings,
18 drillings, appraisals, environmental assessments including
19 phase I and phase II environmental surveys, archaeological
20 assessments, and such other examinations as are necessary for
21 the acquisition of private or public property and property
22 rights, including rights of access, air, view, and light, by
23 gift, devise, purchase, or condemnation by eminent domain
24 proceedings or as are necessary for the authority to perform
25 its duties and functions; and any such entry shall not be
26 deemed a trespass or an entry that would constitute a taking
27 in an eminent domain proceeding. An expressway authority shall
28 make reimbursement for any actual damage to such lands, water,
29 and premises as a result of such activities.
30 (3)(2) The right of eminent domain conferred by the
31 Florida Expressway Authority Act must be exercised by each
4
2:28 PM 03/20/02 s0502.tr40.08
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 502
Amendment No. ___ Barcode 083436
1 authority in the manner provided by law.
2 (4)(3) When an authority acquires property for an
3 expressway system or in a transportation corridor as defined
4 in s. 334.03, it is not subject to any liability imposed by
5 chapter 376 or chapter 403 for preexisting soil or groundwater
6 contamination due solely to its ownership. This subsection
7 does not affect the rights or liabilities of any past or
8 future owners of the acquired property nor does it affect the
9 liability of any governmental entity for the results of its
10 actions which create or exacerbate a pollution source. An
11 authority and the Department of Environmental Protection may
12 enter into interagency agreements for the performance,
13 funding, and reimbursement of the investigative and remedial
14 acts necessary for property acquired by the authority.
15
16 (Redesignate subsequent sections.)
17
18
19 ================ T I T L E A M E N D M E N T ===============
20 And the title is amended as follows:
21 On page 2, line 26, after the semicolon
22
23 insert:
24 amending s. 337.408, F.S.; providing for
25 regulation of street light poles; amending s.
26 348.0003, F.S.; authorizing a county governing
27 body to set qualifications, terms of office,
28 and obligations and rights for the members of
29 expressway authorities their jurisdictions;
30 amending s. 348.0008, F.S.; allowing expressway
31 authorities to acquire certain interests in
5
2:28 PM 03/20/02 s0502.tr40.08
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 502
Amendment No. ___ Barcode 083436
1 land; providing for expressway authorities and
2 their agents or employees to access public or
3 private property for certain purposes;
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
6
2:28 PM 03/20/02 s0502.tr40.08