Florida Senate - 2013 SENATOR AMENDMENT
Bill No. CS/CS/HB 7127, 2nd Eng.
Barcode 735098
LEGISLATIVE ACTION
Senate . House
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Floor: WD/2R .
04/30/2013 01:15 PM .
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Senator Brandes moved the following:
1 Senate Amendment to Amendment (740626) (with title
2 amendment)
3
4 Between lines 953 and 954
5 insert:
6 Section 19. Subsection (1) of section 337.408, Florida
7 Statutes, is amended to read:
8 337.408 Regulation of bus stops, benches, transit shelters,
9 street light poles, waste disposal receptacles, and modular news
10 racks within rights-of-way.—
11 (1)(a) Benches or transit shelters, including advertising
12 displayed on benches or transit shelters, may be installed
13 within the right-of-way limits of any municipal, county, or
14 state road, except a limited access highway, provided that such
15 benches or transit shelters are for the comfort or convenience
16 of the general public or are at designated stops on official bus
17 routes and provided that written authorization has been given to
18 a qualified private supplier of such service by the municipal
19 government within whose incorporated limits such benches or
20 transit shelters are installed or by the county government
21 within whose unincorporated limits such benches or transit
22 shelters are installed. A municipality or county may authorize
23 the installation, without public bid, of benches and transit
24 shelters together with advertising displayed thereon within the
25 right-of-way limits of such roads. All installations shall be in
26 compliance with all applicable laws and rules, including,
27 without limitation, the Americans with Disabilities Act.
28 Municipalities and counties that authorize or have authorized a
29 bench or transit shelter to be installed within the right-of-way
30 limits of any road on the State Highway System shall be
31 responsible for ensuring that the bench or transit shelter
32 complies with all applicable laws and rules, including, without
33 limitation, the Americans with Disabilities Act, or shall remove
34 the bench or transit shelter. The department shall have no
35 liability for any claims, losses, costs, charges, expenses,
36 damages, liabilities, attorney fees, or court costs relating to
37 the installation, removal, or relocation of any benches or
38 transit shelters authorized by a municipality or county.
39 (b) On and after July 1, 2012, through June 30, 2013, a
40 municipality or county that authorizes a bench or transit
41 shelter to be installed within the right-of-way limits of any
42 road on the State Highway System must require the qualified
43 private supplier, or any other person under contract to install
44 the bench or transit shelter, to indemnify, defend, and hold
45 harmless the department from any suits, actions, proceedings,
46 claims, losses, costs, charges, expenses, damages, liabilities,
47 attorney fees, and court costs relating to the installation,
48 removal, or relocation of such installations, and shall annually
49 certify to the department in a notarized signed statement that
50 this requirement has been met. The certification shall include
51 the name and address of each person responsible for indemnifying
52 the department for an authorized installation.
53 (c) On and after July 1, 2013, no benches or transit
54 shelters may be installed within the right-of-way limits of any
55 road on the State Highway System without first obtaining a
56 permit for the installation from the department. An application
57 for a permit must be made on a form prescribed by the
58 department. As part of the application, the applicant must
59 certify in a notarized signed statement that all information
60 provided in the application is true and correct and must agree
61 to indemnify, defend, and hold harmless the department from any
62 suits, actions, proceedings, claims, losses, costs, charges,
63 expenses, damages, liabilities, attorney fees, and court costs
64 relating to the installation, removal, or relocation of such
65 installations. A permit is valid only for the location specified
66 in the permit. Each permit will require the applicant to remove
67 or relocate the installation at its cost within 30 days after
68 written notice to the applicant by the department that the
69 installation is unreasonably interfering in any way with the
70 convenient, safe, or continuous use, or the maintenance,
71 improvement, extension, or expansion of the State Highway System
72 road. The department may adopt rules to implement this
73 paragraph.
74 (d) Municipalities and counties that have authorized the
75 installation of benches or transit shelters within the right-of
76 way limits of any road on the State Highway System must remove
77 or relocate, or cause the removal or relocation of, the
78 installation at no cost to the department within 60 days after
79 written notice by the department that the installation is
80 unreasonably interfering in any way with the convenient, safe,
81 or continuous use of or the maintenance, improvement, extension,
82 or expansion of the State Highway System road.
83 (e) On or before June 30, 2014, every owner of a bench or
84 transit shelter installed at any location within the right-of
85 way limits of any road on the State Highway System before July
86 1, 2013, shall provide the department a written inventory of the
87 location of each such bench or transit shelter and shall certify
88 to the department in a notarized signed statement that each
89 installation is in compliance with all applicable laws and
90 rules, including, without limitation, the Americans with
91 Disabilities Act. Beginning July 1,2014, the department may, but
92 is not required to, remove any bench or transit shelter within
93 the right-of-way limits of any road on the State Highway System
94 that is not included in the required inventory and
95 certification, and assess the cost of removal against the owner
96 of the bench or transit shelter.
97 (f) If the department determines that any bench or transit
98 shelter installation within the right-of-way limits of any road
99 on the State Highway System does not comply with all applicable
100 laws and rules, the owner of such bench or transit shelter shall
101 either remove the bench or transit shelter or bring the bench or
102 shelter installation into compliance within 60 days of notice by
103 the department, following which the department may, but is not
104 required to, remove the bench or transit shelter and assess the
105 cost of removal against the owner of the bench or transit
106 shelter.
107 (g) Any contract for the installation of benches or transit
108 shelters or advertising on benches or transit shelters which was
109 entered into before April 8, 1992, without public bidding is
110 ratified and affirmed. Such benches or transit shelters may not
111 interfere with right-of-way preservation and maintenance.
112 (h) Any bench or transit shelter located on a sidewalk
113 within the right-of-way limits of any road on the State Highway
114 System or the county road system shall be located so as to leave
115 at least 36 inches of clearance for pedestrians and persons in
116 wheelchairs. Such clearance shall be measured in a direction
117 perpendicular to the centerline of the road.
118
119 ================= T I T L E A M E N D M E N T ================
120 And the title is amended as follows:
121 Delete line 4487
122 and insert:
123 lease must meet; amending s. 337.408, F.S.; requiring
124 a city or county that authorizes a bench or transit
125 shelter installation within the right-of-way limits of
126 any state road to indemnify and defend the department
127 from any liabilities relating to the installation
128 through June 30, 2013; prohibiting such installations
129 on and after July 1, 2013, without first obtaining a
130 permit; requiring an application on a form prescribed
131 by the department; requiring an applicant to provide a
132 notarized statement that all information in the
133 application is true and correct; requiring the
134 applicant to indemnify and defend the department from
135 all liabilities; providing that a permit is valid only
136 for the location specified; providing permit
137 requirements; authorizing the department to adopt
138 rules; amending s. 338.161, F.S.;
139