Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 424
       
       
       
       
       
       
                                Barcode 520310                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/10/2009           .                                
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       The Committee on Transportation (Baker) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 8 - 9
    4  and insert:
    5         Section 1. Subsections (4) and (5) of section 337.408,
    6  Florida Statutes, are amended, present subsection (7) of that
    7  section is renumbered as subsection (8), and a new subsection
    8  (7) is added to that section, to read:
    9         337.408 Regulation of benches, transit shelters, street
   10  light poles, waste disposal receptacles, and modular news racks
   11  within rights-of-way.—
   12         (4) The department has the authority to direct the
   13  immediate relocation or removal of any bench, transit shelter,
   14  waste disposal receptacle, public pay telephone, or modular news
   15  rack that which endangers life or property, except that transit
   16  bus benches that were which have been placed in service before
   17  prior to April 1, 1992, are not required to comply with bench
   18  size and advertising display size requirements which have been
   19  established by the department before prior to March 1, 1992. Any
   20  transit bus bench that was in service before prior to April 1,
   21  1992, may be replaced with a bus bench of the same size or
   22  smaller, if the bench is damaged or destroyed or otherwise
   23  becomes unusable. The department may is authorized to adopt
   24  rules relating to the regulation of bench size and advertising
   25  display size requirements. If a municipality or county within
   26  which a bench is to be located has adopted an ordinance or other
   27  applicable regulation that establishes bench size or advertising
   28  display sign requirements different from requirements specified
   29  in department rule, the local government requirement applies
   30  shall be applicable within the respective municipality or
   31  county. Placement of any bench or advertising display on the
   32  National Highway System under a local ordinance or regulation
   33  adopted under pursuant to this subsection is shall be subject to
   34  approval of the Federal Highway Administration.
   35         (5) A No bench, transit shelter, waste disposal receptacle,
   36  public pay telephone, or modular news rack, or advertising
   37  thereon, may not shall be erected or so placed on the right-of
   38  way of any road in a manner that which conflicts with the
   39  requirements of federal law, regulations, or safety standards,
   40  thereby causing the state or any political subdivision the loss
   41  of federal funds. Competition among persons seeking to provide
   42  bench, transit shelter, waste disposal receptacle, public pay
   43  telephone, or modular news rack services or advertising on such
   44  benches, shelters, receptacles, public pay telephone, or news
   45  racks may be regulated, restricted, or denied by the appropriate
   46  local government entity consistent with the provisions of this
   47  section.
   48         (7)A public pay telephone, including advertising displayed
   49  thereon, may be installed within the right-of-way limits of any
   50  municipal, county, or state road, except on a limited access
   51  highway, if the pay telephone is installed by a provider duly
   52  authorized and regulated by the Public Service Commission under
   53  s. 364.3375, if the pay telephone is operated in accordance with
   54  all applicable state and federal telecommunications regulations,
   55  and if written authorization has been given to a public pay
   56  telephone provider by the appropriate municipal or county
   57  government. Each advertisement must be limited to a size no
   58  greater than 8 square feet and a public pay telephone booth may
   59  not display more than three advertisements at any given time. An
   60  advertisement is not allowed on public pay telephones located in
   61  rest areas, welcome centers, or other such facilities located on
   62  an interstate highway.
   63  
   64  
   65  ================= T I T L E  A M E N D M E N T ================
   66         And the title is amended as follows:
   67         Delete lines 2 - 4
   68  and insert:
   69         An act relating to transportation; amending s. 337.403,
   70  F.S.; providing for the department or local governmental entity
   71  to pay certain costs of removal or relocation of a utility
   72  facility that is found to be interfering with the use,
   73  maintenance, improvement, extension, or expansion of a public
   74  road or publicly owned rail corridor under described
   75  circumstances; amending s. 337.408, F.S.; providing for public
   76  pay telephones and advertising thereon to be installed within
   77  the right-of-way limits of any municipal, county, or state road;
   78  providing an effective date.