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. |