| 1 | Representative Hasner offered the following: |
| 2 |
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| 3 | Amendment (with title amendments) |
| 4 | Between lines 534 and 535 insert: |
| 5 | Section 7. Section 337.408, Florida Statutes, is amended |
| 6 | to read: |
| 7 | 337.408 Regulation of benches, transit shelters, street |
| 8 | light poles, and waste disposal receptacles, and modular news |
| 9 | racks within rights-of-way.-- |
| 10 | (1) Benches or transit shelters, including advertising |
| 11 | displayed on benches or transit shelters, may be installed |
| 12 | within the right-of-way limits of any municipal, county, or |
| 13 | state road, except a limited access highway,; provided that such |
| 14 | benches or transit shelters are for the comfort or convenience |
| 15 | of the general public, or are at designated stops on official |
| 16 | bus routes; and, provided further, that written authorization |
| 17 | has been given to a qualified private supplier of such service |
| 18 | by the municipal government within whose incorporated limits |
| 19 | such benches or transit shelters are installed, or by the county |
| 20 | government within whose unincorporated limits such benches or |
| 21 | transit shelters are installed. A municipality or county may |
| 22 | authorize the installation, without public bid, of benches and |
| 23 | transit shelters together with advertising displayed thereon, |
| 24 | within the right-of-way limits of such roads. Any contract for |
| 25 | the installation of benches or transit shelters or advertising |
| 26 | on benches or transit shelters which was entered into before |
| 27 | April 8, 1992, without public bidding, is ratified and affirmed. |
| 28 | Such benches or transit shelters may not interfere with right- |
| 29 | of-way preservation and maintenance. Any bench or transit |
| 30 | shelter located on a sidewalk within the right-of-way limits of |
| 31 | any road on the State Highway System or the county road system |
| 32 | shall be located so as to leave at least 36 inches of clearance |
| 33 | for pedestrians and persons in wheelchairs. Such clearance shall |
| 34 | be measured in a direction perpendicular to the centerline of |
| 35 | the road. |
| 36 | (2) Waste disposal receptacles of less than 110 gallons in |
| 37 | capacity, including advertising displayed on such waste disposal |
| 38 | receptacles, may be installed within the right-of-way limits of |
| 39 | any municipal, county, or state road, except a limited access |
| 40 | highway,; provided that written authorization has been given to |
| 41 | a qualified private supplier of such service by the appropriate |
| 42 | municipal or county government. A municipality or county may |
| 43 | authorize the installation, without public bid, of waste |
| 44 | disposal receptacles together with advertising displayed thereon |
| 45 | within the right-of-way limits of such roads. Such waste |
| 46 | disposal receptacles may not interfere with right-of-way |
| 47 | preservation and maintenance. |
| 48 | (3) Modular news racks, including advertising thereon, may |
| 49 | be located within the right-of-way limits of any municipal, |
| 50 | county, or state road, except a limited access highway, provided |
| 51 | the municipal government within whose incorporated limits such |
| 52 | racks are installed or the county government within whose |
| 53 | unincorporated limits such racks are installed has passed an |
| 54 | ordinance regulating the placement of modular news racks within |
| 55 | the right-of-way and has authorized a qualified private supplier |
| 56 | of modular news racks to provide such service. The modular news |
| 57 | rack or advertising thereon shall not exceed a height of 56 |
| 58 | inches or a total advertising space of 56 square feet. No later |
| 59 | than 45 days prior to installation of modular news racks, the |
| 60 | private supplier shall provide a map of proposed locations and |
| 61 | typical installation plans to the department for approval. If |
| 62 | the department does not respond within 45 days after receipt of |
| 63 | the submitted plans, installation may proceed. |
| 64 | (4)(3) The department has the authority to direct the |
| 65 | immediate relocation or removal of any bench, transit shelter, |
| 66 | or waste disposal receptacle, or modular news rack which |
| 67 | endangers life or property, except that transit bus benches |
| 68 | which have been placed in service prior to April 1, 1992, are |
| 69 | not required do not have to comply with bench size and |
| 70 | advertising display size requirements which have been |
| 71 | established by the department prior to March 1, 1992. Any |
| 72 | transit bus bench that was in service prior to April 1, 1992, |
| 73 | may be replaced with a bus bench of the same size or smaller, if |
| 74 | the bench is damaged or destroyed or otherwise becomes unusable. |
| 75 | The department is authorized to adopt promulgate rules relating |
| 76 | to the regulation of bench size and advertising display size |
| 77 | requirements. However, If a municipality or county within which |
| 78 | a bench is to be located has adopted an ordinance or other |
| 79 | applicable regulation that establishes bench size or advertising |
| 80 | display sign requirements different from requirements specified |
| 81 | in department rule, then the local government requirement shall |
| 82 | be applicable within the respective municipality or county. |
| 83 | Placement of any bench or advertising display on the National |
| 84 | Highway System under a local ordinance or regulation adopted |
| 85 | pursuant to this subsection shall be subject to approval of the |
| 86 | Federal Highway Administration. |
| 87 | (5)(4) No bench, transit shelter, or waste disposal |
| 88 | receptacle, or modular news rack, or advertising thereon, shall |
| 89 | be erected or so placed on the right-of-way of any road which |
| 90 | conflicts with the requirements of federal law, regulations, or |
| 91 | safety standards, thereby causing the state or any political |
| 92 | subdivision the loss of federal funds. Competition among persons |
| 93 | seeking to provide bench, transit shelter, or waste disposal |
| 94 | receptacle, or modular news rack services or advertising on such |
| 95 | benches, shelters, or receptacles, or news racks may be |
| 96 | regulated, restricted, or denied by the appropriate local |
| 97 | government entity consistent with the provisions of this |
| 98 | section. |
| 99 | (6)(5) Street light poles, including attached public |
| 100 | service messages and advertisements, may be located within the |
| 101 | right-of-way limits of municipal and county roads in the same |
| 102 | manner as benches, transit shelters, and waste disposal |
| 103 | receptacles, and modular news racks as provided in this section |
| 104 | and in accordance with municipal and county ordinances. Public |
| 105 | service messages and advertisements may be installed on street |
| 106 | light poles on roads on the State Highway System in accordance |
| 107 | with height, size, setback, spacing distance, duration of |
| 108 | display, safety, traffic control, and permitting requirements |
| 109 | established by administrative rule of the Department of |
| 110 | Transportation. Public service messages and advertisements shall |
| 111 | be subject to bilateral agreements, where applicable, to be |
| 112 | negotiated with the owner of the street light poles, which shall |
| 113 | consider, among other things, power source rates, design, |
| 114 | safety, operational and maintenance concerns, and other matters |
| 115 | of public importance. For the purposes of this section, the term |
| 116 | "street light poles" does not include electric transmission or |
| 117 | distribution poles. The department shall have authority to adopt |
| 118 | establish administrative rules pursuant to ss. 120.536(1) and |
| 119 | 120.54 to implement the provisions of this section subsection. |
| 120 | No advertising on light poles shall be permitted on the |
| 121 | Interstate Highway System. No permanent structures carrying |
| 122 | advertisements attached to light poles shall be permitted on the |
| 123 | National Highway System. |
| 124 | (7)(6) Wherever the provisions of this section are |
| 125 | inconsistent with other provisions of this chapter or with the |
| 126 | provisions of chapter 125, chapter 335, chapter 336, or chapter |
| 127 | 479, the provisions of this section shall prevail. |
| 128 |
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| 129 |
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| 130 | ================ T I T L E A M E N D M E N T ============= |
| 131 | Remove line 46 and insert: |
| 132 | authorities; amending s. 337.408, F.S.; providing for |
| 133 | placement of certain modular news racks, including |
| 134 | advertising thereon, within the right-of-way limits of any |
| 135 | municipal, county, or state road; providing requirements, |
| 136 | restrictions, and limitations; authorizing removal under |
| 137 | certain circumstances; authorizing the department to adopt |
| 138 | rules; providing an effective date. |