Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1132
       
       
       
       
       
       
                                Barcode 972224                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/21/2013           .                                
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       The Committee on Community Affairs (Bradley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 840 - 901
    4  and insert:
    5         (1)(a) Benches or transit shelters, including advertising
    6  displayed on benches or transit shelters, may be installed
    7  within the right-of-way limits of any municipal, county, or
    8  state road, except a limited access highway, provided that the
    9  such benches or transit shelters are for the comfort or
   10  convenience of the general public or are at designated stops on
   11  official bus routes and provided that written authorization has
   12  been given to a qualified private supplier of the such service
   13  by the municipal government within whose incorporated limits the
   14  such benches or transit shelters are installed or by the county
   15  government within whose unincorporated limits the such benches
   16  or transit shelters are installed. A municipality or county may
   17  authorize the installation, without public bid, of benches and
   18  transit shelters together with advertising displayed thereon
   19  within the right-of-way limits of the such roads. All
   20  installations must shall be in compliance with all applicable
   21  laws and rules, including, without limitation, the Americans
   22  with Disabilities Act. A person who installs or has installed a
   23  transit shelter or a bus bench Municipalities and counties that
   24  authorize or have authorized a bench or transit shelter to be
   25  installed within the right-of-way limits of any road on the
   26  State Highway System is shall be responsible for ensuring that
   27  the bench or transit shelter complies with the all applicable
   28  laws and rules, including, without limitation, the Americans
   29  with Disabilities Act, or shall remove the bench or transit
   30  shelter. The department is not liable shall have no liability
   31  for any claims, losses, costs, charges, expenses, damages,
   32  liabilities, attorney fees, or court costs relating to the
   33  installation, removal, or relocation of any benches or transit
   34  shelters authorized by a municipality or county. If the
   35  department determines that a bench or transit shelter
   36  installation within the right-of-way limits of any road on the
   37  State Highway System does not comply with the applicable laws
   38  and rules, the owner of the bench or transit shelter shall
   39  remove the bench or transit shelter or bring the bench or
   40  shelter installation into compliance within 60 days after
   41  receiving notice from the department. If the bench or transit
   42  shelter is not removed, the department may, but is not required
   43  to, remove the bench or transit shelter and assess the cost of
   44  the removal against the owner of the bench or transit shelter.
   45         (b) On or before December 31, 2013, each owner of a bench
   46  or transit shelter installed at any location within the right
   47  of-way limits of any road on the State Highway System must
   48  provide to the department a written inventory of the location of
   49  each bench or transit shelter. On and after July 1, 2013, each
   50  owner of a new bench or transit shelter that will be installed
   51  within the right-of-way limits of any road on the State Highway
   52  System shall identify, in writing, the location of the new
   53  installation to the department before installing the bench or
   54  transit shelter. On or after January 1, 2014, the department
   55  may, but is not required to, remove any unidentified bench or
   56  transit shelter within the right-of-way limits of any road on
   57  the State Highway System, and assess the cost of removal against
   58  the owner of the bench or transit shelter.
   59         (c) On and after July 1, 2013 2012, a municipality or
   60  county that authorizes a bench or transit shelter to be
   61  installed within the right-of-way limits of any road on the
   62  State Highway System must require the qualified private
   63  supplier, or any other person under contract to install the
   64  bench or transit shelter, to indemnify, defend, and hold
   65  harmless the department from any suits, actions, proceedings,
   66  claims, losses, costs, charges, expenses, damages, liabilities,
   67  attorney fees, and court costs relating to the installation,
   68  removal, or relocation of such installations, and to maintain
   69  liability insurance in the minimum amount of $1 million with
   70  supplemental liability insurance in the minimum amount of an
   71  additional $4 million. Each insurance policy must name the
   72  department as an additional insured and a certificate of
   73  insurance shall be furnished to the department before the
   74  installation of any bench or transit shelter, and annually after
   75  the initial installation. The certificate of insurance must
   76  provide that the policy may not be modified, cancelled, or non
   77  renewed without providing to the department and to the
   78  municipality or county written notice 45 days before the
   79  modification, cancellation, or non-renewal. Each insurance
   80  policy must specifically include coverage for any alleged
   81  violation of applicable law, including, but not limited to, the
   82  Americans with Disabilities Act. The requirements of this
   83  paragraph do not apply to transit shelters installed by public
   84  transit providers at designated stops on official transit routes
   85  shall annually certify to the department in a notarized signed
   86  statement that this requirement has been met. The certification
   87  shall include the name and address of each person responsible
   88  for indemnifying the department for an authorized installation.
   89         (d) Municipalities and counties that have authorized the
   90  installation of benches or transit shelters within the right-of
   91  way limits of any road on the State Highway System must remove
   92  or relocate, or cause the removal or relocation of, the
   93  installation at no cost to the department within 60 days after
   94  written notice by the department that the installation is
   95  unreasonably interfering in any way with the convenient, safe,
   96  or continuous use of or the maintenance, improvement, extension,
   97  or expansion of the State Highway System road.
   98         (e) Any contract for the installation of benches or transit
   99  shelters or advertising on benches or transit shelters which was
  100  entered into before April 8, 1992, without public bidding is
  101  ratified and affirmed. The Such benches or transit shelters may
  102  not interfere with right-of-way preservation and maintenance.
  103         (f) Any bench or transit shelter located on a sidewalk
  104  within the right-of-way limits of any road on the State Highway
  105  System or the county road system must shall be located so as to
  106  leave at least 36 inches of clearance for pedestrians and
  107  persons in wheelchairs. The Such clearance must shall be
  108  measured in a direction perpendicular to the centerline of the
  109  road.
  110  
  111  ================= T I T L E  A M E N D M E N T ================
  112         And the title is amended as follows:
  113         Delete line 69
  114  and insert:
  115         of-way; providing that persons who install a transit
  116         shelter or bus bench on certain right-of-ways are
  117         responsible for ensuring that the bench or transit
  118         shelter complies with applicable laws and rules;
  119         providing for the disposition of a bench or transit
  120         shelter that is not in compliance with applicable laws
  121         or rules; requiring owners of a bench or transit
  122         shelter to provide the department with a written
  123         inventory of locations; requiring the owner of a bench
  124         or transit shelter to maintain a liability insurance
  125         policy naming the department as an additional insured;
  126         specifying requirements for the policy; providing
  127         criteria for notice of modification, cancellation, or
  128         nonrenewal of an insurance policy; providing
  129         exceptions; requiring each county or municipality to
  130         remit