Amendment
Bill No. 1027
Amendment No. 959963
CHAMBER ACTION
Senate House
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1Representative Hasner offered the following:
2
3     Amendment (with title amendments)
4     Between lines 534 and 535 insert:
5     Section 7.  Section 337.408, Florida Statutes, is amended
6to read:
7     337.408  Regulation of benches, transit shelters, street
8light poles, and waste disposal receptacles, and modular news
9racks within rights-of-way.--
10     (1)  Benches or transit shelters, including advertising
11displayed on benches or transit shelters, may be installed
12within the right-of-way limits of any municipal, county, or
13state road, except a limited access highway,; provided that such
14benches or transit shelters are for the comfort or convenience
15of the general public, or are at designated stops on official
16bus routes; and, provided further, that written authorization
17has been given to a qualified private supplier of such service
18by the municipal government within whose incorporated limits
19such benches or transit shelters are installed, or by the county
20government within whose unincorporated limits such benches or
21transit shelters are installed. A municipality or county may
22authorize the installation, without public bid, of benches and
23transit shelters together with advertising displayed thereon,
24within the right-of-way limits of such roads. Any contract for
25the installation of benches or transit shelters or advertising
26on benches or transit shelters which was entered into before
27April 8, 1992, without public bidding, is ratified and affirmed.
28Such benches or transit shelters may not interfere with right-
29of-way preservation and maintenance. Any bench or transit
30shelter located on a sidewalk within the right-of-way limits of
31any road on the State Highway System or the county road system
32shall be located so as to leave at least 36 inches of clearance
33for pedestrians and persons in wheelchairs. Such clearance shall
34be measured in a direction perpendicular to the centerline of
35the road.
36     (2)  Waste disposal receptacles of less than 110 gallons in
37capacity, including advertising displayed on such waste disposal
38receptacles, may be installed within the right-of-way limits of
39any municipal, county, or state road, except a limited access
40highway,; provided that written authorization has been given to
41a qualified private supplier of such service by the appropriate
42municipal or county government. A municipality or county may
43authorize the installation, without public bid, of waste
44disposal receptacles together with advertising displayed thereon
45within the right-of-way limits of such roads. Such waste
46disposal receptacles may not interfere with right-of-way
47preservation and maintenance.
48     (3)  Modular news racks, including advertising thereon, may
49be located within the right-of-way limits of any municipal,
50county, or state road, except a limited access highway, provided
51the municipal government within whose incorporated limits such
52racks are installed or the county government within whose
53unincorporated limits such racks are installed has passed an
54ordinance regulating the placement of modular news racks within
55the right-of-way and has authorized a qualified private supplier
56of modular news racks to provide such service. The modular news
57rack or advertising thereon shall not exceed a height of 56
58inches or a total advertising space of 56 square feet. No later
59than 45 days prior to installation of modular news racks, the
60private supplier shall provide a map of proposed locations and
61typical installation plans to the department for approval. If
62the department does not respond within 45 days after receipt of
63the submitted plans, installation may proceed.
64     (4)(3)  The department has the authority to direct the
65immediate relocation or removal of any bench, transit shelter,
66or waste disposal receptacle, or modular news rack which
67endangers life or property, except that transit bus benches
68which have been placed in service prior to April 1, 1992, are
69not required do not have to comply with bench size and
70advertising display size requirements which have been
71established by the department prior to March 1, 1992. Any
72transit bus bench that was in service prior to April 1, 1992,
73may be replaced with a bus bench of the same size or smaller, if
74the bench is damaged or destroyed or otherwise becomes unusable.
75The department is authorized to adopt promulgate rules relating
76to the regulation of bench size and advertising display size
77requirements. However, If a municipality or county within which
78a bench is to be located has adopted an ordinance or other
79applicable regulation that establishes bench size or advertising
80display sign requirements different from requirements specified
81in department rule, then the local government requirement shall
82be applicable within the respective municipality or county.
83Placement of any bench or advertising display on the National
84Highway System under a local ordinance or regulation adopted
85pursuant to this subsection shall be subject to approval of the
86Federal Highway Administration.
87     (5)(4)  No bench, transit shelter, or waste disposal
88receptacle, or modular news rack, or advertising thereon, shall
89be erected or so placed on the right-of-way of any road which
90conflicts with the requirements of federal law, regulations, or
91safety standards, thereby causing the state or any political
92subdivision the loss of federal funds. Competition among persons
93seeking to provide bench, transit shelter, or waste disposal
94receptacle, or modular news rack services or advertising on such
95benches, shelters, or receptacles, or news racks may be
96regulated, restricted, or denied by the appropriate local
97government entity consistent with the provisions of this
98section.
99     (6)(5)  Street light poles, including attached public
100service messages and advertisements, may be located within the
101right-of-way limits of municipal and county roads in the same
102manner as benches, transit shelters, and waste disposal
103receptacles, and modular news racks as provided in this section
104and in accordance with municipal and county ordinances. Public
105service messages and advertisements may be installed on street
106light poles on roads on the State Highway System in accordance
107with height, size, setback, spacing distance, duration of
108display, safety, traffic control, and permitting requirements
109established by administrative rule of the Department of
110Transportation. Public service messages and advertisements shall
111be subject to bilateral agreements, where applicable, to be
112negotiated with the owner of the street light poles, which shall
113consider, among other things, power source rates, design,
114safety, operational and maintenance concerns, and other matters
115of public importance. For the purposes of this section, the term
116"street light poles" does not include electric transmission or
117distribution poles. The department shall have authority to adopt
118establish administrative rules pursuant to ss. 120.536(1) and
119120.54 to implement the provisions of this section subsection.
120No advertising on light poles shall be permitted on the
121Interstate Highway System. No permanent structures carrying
122advertisements attached to light poles shall be permitted on the
123National Highway System.
124     (7)(6)  Wherever the provisions of this section are
125inconsistent with other provisions of this chapter or with the
126provisions of chapter 125, chapter 335, chapter 336, or chapter
127479, the provisions of this section shall prevail.
128
129
130================ T I T L E  A M E N D M E N T =============
131     Remove line 46 and insert:
132authorities; amending s. 337.408, F.S.; providing for
133placement of certain modular news racks, including
134advertising thereon, within the right-of-way limits of any
135municipal, county, or state road; providing requirements,
136restrictions, and limitations; authorizing removal under
137certain circumstances; authorizing the department to adopt
138rules; providing an effective date.


CODING: Words stricken are deletions; words underlined are additions.