| 1 | Representative 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  | 
| 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 | 
  | 
| 129 | 
  | 
| 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. |