SENATE AMENDMENT
    Bill No. CS for CS for SB 1456
    Amendment No. ___   Barcode 392054
                            CHAMBER ACTION
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11  Senator Sebesta moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 19, line 8, through page 20, line 20, delete
15  those lines
16  
17  and insert:  
18         Section 12.  Subsection (1) of section 337.401, Florida
19  Statutes, is amended to read:
20         337.401  Use of right-of-way for utilities subject to
21  regulation; permit; fees.--
22         (1)  The department and local governmental entities,
23  referred to in ss. 337.401-337.404 as the "authority," that
24  have jurisdiction and control of public roads or publicly
25  owned rail corridors are authorized to prescribe and enforce
26  reasonable rules or regulations with reference to the placing
27  and maintaining along, across, or on any road or publicly
28  owned rail corridors under their respective jurisdictions any
29  electric transmission, telephone, telegraph, or other
30  communications services lines; pole lines; poles; railways;
31  ditches; sewers; water, heat, or gas mains; pipelines; fences;
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SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 392054 1 gasoline tanks and pumps; or other structures hereinafter 2 referred to as the "utility." The department may enter into a 3 permit-delegation agreement with a governmental entity if 4 issuance of a permit is based on requirements that the 5 department finds will ensure the safety and integrity of 6 facilities of the Department of Transportation; however, the 7 permit-delegation agreement does not apply to facilities of 8 electric utilities as defined in s. 366.02(2). 9 Section 13. Section 95.361, Florida Statutes, is 10 amended to read: 11 95.361 Roads presumed to be dedicated.-- 12 (1) When a road, constructed by a county, a 13 municipality, or the Department of Transportation, has been 14 maintained or repaired continuously and uninterruptedly for 4 15 years by the county, municipality, or the Department of 16 Transportation, jointly or severally, the road shall be deemed 17 to be dedicated to the public to the extent in width that has 18 been actually maintained for the prescribed period, whether or 19 not the road has been formally established as a public 20 highway. The dedication shall vest all right, title, 21 easement, and appurtenances in and to the road in: 22 (a) The county, if it is a county road; 23 (b) The municipality, if it is a municipal street or 24 road; or 25 (c) The state, if it is a road in the State Highway 26 System or State Park Road System, 27 28 whether or not there is a record of a conveyance, dedication, 29 or appropriation to the public use. 30 (2) In those instances where a road has been 31 constructed by a nongovernmental entity, or where the road was 2 9:19 PM 04/26/04 s1456.tr16.ee
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 392054 1 not constructed by the entity currently maintaining or 2 repairing it, or where it cannot be determined who constructed 3 the road, and when such road has been regularly maintained or 4 repaired for the immediate past 7 years by a county, a 5 municipality, or the Department of Transportation, whether 6 jointly or severally, such road shall be deemed to be 7 dedicated to the public to the extent of the width that 8 actually has been maintained or repaired for the prescribed 9 period, whether or not the road has been formally established 10 as a public highway. This subsection shall not apply to an 11 electric utility, as defined in s. 366.02(2) The dedication 12 shall vest all rights, title, easement, and appurtenances in 13 and to the road in: 14 (a) The county, if it is a county road; 15 (b) The municipality, if it is a municipal street or 16 road; or 17 (c) The state, if it is a road in the State Highway 18 System or State Park Road System, 19 20 whether or not there is a record of conveyance, dedication, or 21 appropriation to the public use. 22 (3) The filing of a map in the office of the clerk of 23 the circuit court of the county where the road is located 24 showing the lands and reciting on it that the road has vested 25 in the state, a county, or a municipality in accordance with 26 subsection (1) or subsection (2) or by any other means of 27 acquisition, duly certified by: 28 (a) The secretary of the Department of Transportation, 29 or the secretary's designee, if the road is a road in the 30 State Highway System or State Park Road System; 31 (b) The chair and clerk of the board of county 3 9:19 PM 04/26/04 s1456.tr16.ee
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 392054 1 commissioners of the county, if the road is a county road; or 2 (c) The mayor and clerk of the municipality, if the 3 road is a municipal road or street, 4 5 shall be prima facie evidence of ownership of the land by the 6 state, county, or municipality, as the case may be. 7 (4) Any person, firm, corporation, or entity having or 8 claiming any interest in and to any of the property affected 9 by subsection (2) shall have and is hereby allowed a period of 10 1 year after the effective date of this subsection, or a 11 period of 7 years after the initial date of regular 12 maintenance or repair of the road, whichever period is 13 greater, to file a claim in equity or with a court of law 14 against the particular governing authority assuming 15 jurisdiction over such property to cause a cessation of the 16 maintenance and occupation of the property. Such timely filed 17 and adjudicated claim shall prevent the dedication of the road 18 to the public pursuant to subsection (2). 19 (5) This section does not apply to any facility of an 20 electric utility which is located on property otherwise 21 subject to this section. 22 Section 14. Subsections (2) and (6) of section 23 341.8203, Florida Statutes, are amended to read: 24 341.8203 Definitions.--As used in this act, unless the 25 context clearly indicates otherwise, the term: 26 (2) "Authority" means the Florida High-Speed Rail 27 Authority and its agents. However, for purposes of s. 341.840, 28 the term does not include any agent of the authority except as 29 provided in that section. 30 (6) "High-speed rail system" means any high-speed 31 fixed guideway system for transporting people or goods, which 4 9:19 PM 04/26/04 s1456.tr16.ee
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 392054 1 system is capable of operating at speeds in excess of 120 2 miles per hour, including, but not limited to, a monorail 3 system, dual track rail system, suspended rail system, 4 magnetic levitation system, pneumatic repulsion system, or 5 other system approved by the authority. The term includes a 6 corridor and structures essential to the operation of the 7 line, including the land, structures, improvements, 8 rights-of-way, easements, rail lines, rail beds, guideway 9 structures, stations, platforms, switches, yards, parking 10 facilities, power relays, switching houses, and rail stations, 11 associated development, and also includes any other facilities 12 or equipment used exclusively or useful for the purposes of 13 high-speed rail system design, construction, operation, 14 maintenance, or the financing of the high-speed rail system. 15 Section 15. Section 341.840, Florida Statutes, is 16 amended to read: 17 341.840 Tax exemption.-- 18 (1) The exercise of the powers granted by this act 19 will be in all respects for the benefit of the people of this 20 state, for the increase of their commerce, welfare, and 21 prosperity, and for the improvement of their health and living 22 conditions., and as The design, construction building, 23 operation, maintenance, and financing of a high-speed rail 24 system by the authority, or its agent, or the owner or lessee 25 thereof, as herein authorized, constitutes the performance of 26 an essential public function. 27 (2)(a) For the purposes of this section, the term 28 "authority" does not include agents of the authority other 29 than contractors who qualify as such pursuant to subsection 30 (7). 31 (b) For the purposes of this section, any item or 5 9:19 PM 04/26/04 s1456.tr16.ee
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 392054 1 property that is within the definition of "associated 2 development" in s. 341.8203(1) shall not be considered to be 3 part of the high-speed rail system as defined in s. 4 341.8203(6). 5 (3)(a) Purchases or leases of tangible personal 6 property or real property by the authority, excluding agents 7 of the authority, are exempt from taxes imposed by chapter 212 8 as provided in s. 212.08(6). Purchases or leases of tangible 9 personal property that is incorporated into the high-speed 10 rail system as a component part thereof, as determined by the 11 authority, by agents of the authority or the owner of the 12 high-speed rail system are exempt from sales or use taxes 13 imposed by chapter 212. Leases, rentals, or licenses to use 14 real property granted to agents of the authority or the owner 15 of the high-speed rail system are exempt from taxes imposed by 16 s. 212.031 if the real property becomes part of such system. 17 The exemptions granted in this subsection do not apply to 18 sales, leases, or licenses by the authority, agents of the 19 authority, or the owner of the high-speed rail system. 20 (b) The exemption granted in paragraph (a) to 21 purchases or leases of tangible personal property by agents of 22 the authority or by the owner of the high-speed rail system 23 applies only to property that becomes a component part of such 24 system. It does not apply to items, including, but not limited 25 to, cranes, bulldozers, forklifts, other machinery and 26 equipment, tools and supplies, or other items of tangible 27 personal property used in the construction, operation, or 28 maintenance of the high-speed rail system when such items are 29 not incorporated into the high-speed rail system as a 30 component part thereof. 31 (4) Any bonds or other, neither the authority, its 6 9:19 PM 04/26/04 s1456.tr16.ee
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 392054 1 agent, nor the owner of such system shall be required to pay 2 any taxes or assessments upon or in respect to the system or 3 any property acquired or used by the authority, its agent, or 4 such owner under the provisions of this act or upon the income 5 therefrom, any security, and all notes, mortgages, security 6 agreements, letters of credit, or other instruments that arise 7 out of or are given to secure the repayment of bonds or other 8 security, issued by the authority, or on behalf of the 9 authority therefor, their transfer, and the income therefrom, 10 including any profit made on the sale thereof, shall at all 11 times be free from taxation of every kind by the state, the 12 counties, and the municipalities and other political 13 subdivisions in the state. This subsection, however, does not 14 exempt from taxation or assessment the leasehold interest of a 15 lessee in any project or any other property or interest owned 16 by the lessee. The exemption granted by this subsection is not 17 applicable to any tax imposed by chapter 220 on interest 18 income or profits on the sale of debt obligations owned by 19 corporations. 20 (5) When property of the authority is leased to 21 another person or entity, the property shall be exempt from ad 22 valorem taxation only if the use by the lessee qualifies the 23 property for exemption under s. 196.199. 24 (6) A leasehold interest held by the authority is not 25 subject to intangible tax. However, if a leasehold interest 26 held by the authority is subleased to a nongovernmental 27 lessee, such subleasehold interest shall be deemed to be an 28 interest described in s. 199.023(1)(d), and is subject to the 29 intangible tax. 30 (7)(a) In order to be considered an agent of the 31 authority for purposes of the exemption from sales and use tax 7 9:19 PM 04/26/04 s1456.tr16.ee
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 392054 1 granted by subsection (3) for tangible personal property 2 incorporated into the high-speed rail system, a contractor of 3 the authority that purchases or fabricates such tangible 4 personal property must be certified by the authority as 5 provided in this subsection. 6 (b)1. A contractor must apply for a renewal of the 7 exemption not later than December 1 of each calendar year. 8 2. A contractor must apply to the authority on the 9 application form adopted by the authority, which shall develop 10 the form in consultation with the Department of Revenue. 11 3. The authority shall review each submitted 12 application and determine whether it is complete. The 13 authority shall notify the applicant of any deficiencies in 14 the application within 30 days. Upon receipt of a completed 15 application, the authority shall evaluate the application for 16 exemption under this subsection and issue a certification that 17 the contractor is qualified to act as an agent of the 18 authority for purposes of this section or a denial of such 19 certification within 30 days. The authority shall provide the 20 Department of Revenue with a copy of each certification issued 21 upon approval of an application. Upon receipt of a 22 certification from the authority, the Department of Revenue 23 shall issue an exemption permit to the contractor. 24 (c)1. The contractor may extend a copy of its 25 exemption permit to its vendors in lieu of paying sales tax on 26 purchases of tangible personal property qualifying for 27 exemption under this section. Possession of a copy of the 28 exemption permit relieves the seller of the responsibility of 29 collecting tax on the sale, and the Department of Revenue 30 shall look solely to the contractor for recovery of tax upon a 31 determination that the contractor was not entitled to the 8 9:19 PM 04/26/04 s1456.tr16.ee
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 392054 1 exemption. 2 2. The contractor may extend a copy of its exemption 3 permit to real property subcontractors supplying and 4 installing tangible personal property that is exempt under 5 subsection (3). Any such subcontractor is authorized to extend 6 a copy of the permit to the subcontractor's vendors in order 7 to purchase qualifying tangible personal property tax-exempt. 8 If the subcontractor uses the exemption permit to purchase 9 tangible personal property that is determined not to qualify 10 for exemption under subsection (3), the Department of Revenue 11 may assess and collect any tax, penalties, and interest that 12 are due from either the contractor holding the exemption 13 permit or the subcontractor that extended the exemption permit 14 to the seller. 15 (d) Any contractor authorized to act as an agent of 16 the authority under this section shall maintain the necessary 17 books and records to document the exempt status of purchases 18 and fabrication costs made or incurred under the permit. In 19 addition, an authorized contractor extending its exemption 20 permit to its subcontractors shall maintain a copy of the 21 subcontractor's books, records, and invoices indicating all 22 purchases made by the subcontractor under the authorized 23 contractor's permit. If, in an audit conducted by the 24 Department of Revenue, it is determined that tangible personal 25 property purchased or fabricated claiming exemption under this 26 section does not meet the criteria for exemption, the amount 27 of taxes not paid at the time of purchase or fabrication shall 28 be immediately due and payable to the Department of Revenue, 29 together with the appropriate interest and penalty, computed 30 from the date of purchase, in the manner prescribed by chapter 31 212. 9 9:19 PM 04/26/04 s1456.tr16.ee
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 392054 1 (e) If a contractor fails to apply for a high-speed 2 rail system exemption permit, or if a contractor initially 3 determined by the authority to not qualify for exemption is 4 subsequently determined to be eligible, the contractor shall 5 receive the benefit of the exemption in this subsection 6 through a refund of previously paid taxes for transactions 7 that otherwise would have been exempt. A refund may not be 8 made for such taxes without the issuance of a certification by 9 the authority that the contractor was authorized to make 10 purchases tax-exempt and a determination by the Department of 11 Revenue that the purchases qualified for the exemption. 12 (f) The authority may adopt rules governing the 13 application process for exemption of a contractor as an 14 authorized agent of the authority. 15 (g) The Department of Revenue may adopt rules 16 governing the issuance and form of high-speed rail system 17 exemption permits, the audit of contractors and subcontractors 18 using such permits, the recapture of taxes on nonqualified 19 purchases, and the manner and form of refund applications. 20 Section 16. Section 343.71, Florida Statutes, is 21 amended to read: 22 343.71 Short title.--This part may be cited as the 23 "Tampa Bay Commuter Transit Rail Authority Act." 24 Section 17. Subsection (1) of section 343.72, Florida 25 Statutes, is amended to read: 26 343.72 Definitions.--As used in this part, unless the 27 context clearly indicates otherwise, the term: 28 (1) "Authority" means the Tampa Bay Commuter Transit 29 Rail Authority. 30 Section 18. Section 343.73, Florida Statutes, is 31 amended to read: 10 9:19 PM 04/26/04 s1456.tr16.ee
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 392054 1 343.73 Tampa Bay Commuter Transit Rail Authority.-- 2 (1) There is created and established a body politic 3 and corporate, an agency of the state, to be known as the 4 Tampa Bay Commuter Transit Rail Authority, hereinafter 5 referred to as the authority. 6 (2) The board shall consist of the following members: 7 (a) The metropolitan planning organizations of 8 Hernando, Hillsborough, Pasco, Pinellas, Manatee, Sarasota, 9 and Polk Counties shall each elect a member as its 10 representative on the board. The member must be an elected 11 official and a member of the respective metropolitan planning 12 organization when elected and for the full extent of his or 13 her term on the board. 14 (b) The county commissions of those counties shall 15 each appoint a citizen member to the board who is not a county 16 commissioner but who is a resident and a qualified elector of 17 that county. Insofar as is practicable, the citizen member 18 shall represent the business and civic interests of the 19 community. 20 (c) The Secretary of Transportation shall appoint as a 21 member of the board the district secretary, or his or her 22 designee, for each district within the seven five counties 23 served by the authority. 24 (d) The local transit authority in each of the seven 25 five counties shall elect one member who shall serve as an ex 26 officio nonvoting member of the board. 27 (e) The Governor shall appoint one member to the board 28 who is a resident and a qualified elector in the area served 29 by the authority. 30 (3) The terms of the county commissioners on the 31 governing board of the authority shall be 2 years. All other 11 9:19 PM 04/26/04 s1456.tr16.ee
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 392054 1 members on the governing board of the authority shall serve 2 staggered 4-year terms. Each member shall hold office until 3 his or her successor has been appointed. 4 (4) A vacancy during a term shall be filled by the 5 respective appointing authority within 90 days in the same 6 manner as the original appointment and only for the balance of 7 the unexpired term. 8 (5) The members of the authority shall not be entitled 9 to compensation, but shall be reimbursed for travel expenses 10 actually incurred in their duties as provided by law. 11 (6) Members of the authority shall be required to 12 comply with the applicable financial disclosure requirements 13 of ss. 112.3145, 112.3148, and 112.3149. 14 Section 19. Subsection (1) of section 343.74, Florida 15 Statutes, is amended to read: 16 343.74 Powers and duties.-- 17 (1)(a) The authority created by s. 343.73 has the 18 right to own, operate, maintain, and manage a commuter rail 19 system and commuter ferry system in Hernando, Hillsborough, 20 Pasco, Pinellas, Manatee, Sarasota, and Polk Counties. 21 (b) It is the express intention of this part that the 22 authority be authorized to plan, develop, own, purchase, 23 lease, or otherwise acquire, demolish, construct, improve, 24 relocate, equip, repair, maintain, operate, and manage a 25 commuter rail system, commuter rail facilities, or commuter 26 ferry system; to establish and determine such policies as may 27 be necessary for the best interest of the operation and 28 promotion of a commuter rail system and commuter ferry system; 29 and to adopt such rules as may be necessary to govern the 30 operation of a commuter rail system, commuter rail facilities, 31 and commuter ferry system. 12 9:19 PM 04/26/04 s1456.tr16.ee
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 392054 1 Section 20. Subsection (1) of section 3 of chapter 2 57-1658, Laws of Florida, as created by chapter 88-474, Laws 3 of Florida, is amended to read: 4 Section 3. Greater Orlando Aviation Authority. 5 (1) There is hereby created a board or commission to 6 be known as the "Greater Orlando Aviation Authority," and by 7 that name the authority may sue and be sued, plead and be 8 impleaded, contract and be contracted with, and have an 9 official seal. The authority is hereby constituted an agency 10 of the city, and exercise by the authority of the powers 11 conferred by this act shall be deemed and held to be an 12 essential municipal function of the city. The authority shall 13 consist of seven members who shall be elected or appointed as 14 follows: one member shall be the mayor of the City of an 15 incumbent member of the Orlando City Council, who may be the 16 mayor-commissioner or any other commissioner elected by a 17 majority vote of such council; one member shall be the chair 18 an incumbent member of the Board of County Commissioners of 19 Orange County, Florida, who may be the chairman or any other 20 commissioner elected by a majority vote of such commission; 21 and five members shall be appointed by the Governor, subject 22 to confirmation by the Senate. Three members appointed by the 23 Governor shall be residents and electors of Orange County, 24 Florida; one member appointed by the Governor shall be a 25 resident and elector of Osceola County, Florida, effective 26 April 1992; and, one member appointed by the Governor shall be 27 a resident and elector of Orange County, Florida, or Seminole 28 County, Florida. All seven members shall be entitled to an 29 equal voice and vote on all matters relating to the authority 30 and its business. Two of the five appointed members initially 31 appointed by the Governor shall be appointed for a term of 2 13 9:19 PM 04/26/04 s1456.tr16.ee
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 392054 1 years and three members shall be appointed for a term of four 2 years, the term of each member so appointed to be designated 3 by the Governor at the time of the appointment. All 4 subsequent appointments shall be for a term of 4 years. The 5 member of the city council and the member of the county 6 commission shall be elected for a term of two years each; 7 provided, however, that any such commissioner's term shall end 8 at such time as he may cease to be a city or county 9 commissioner, at which time a successor or successors shall be 10 elected for any unexpired term. The terms of all members 11 shall end at the expiration of their terms or as otherwise 12 herein specified. 13 Section 21. Section 337.408, Florida Statutes, is 14 amended to read: 15 337.408 Regulation of benches, transit shelters, 16 street light poles, and waste disposal receptacles, and 17 modular news racks within rights-of-way.-- 18 (1) Benches or transit shelters, including advertising 19 displayed on benches or transit shelters, may be installed 20 within the right-of-way limits of any municipal, county, or 21 state road, except a limited access highway,; provided that 22 such benches or transit shelters are for the comfort or 23 convenience of the general public, or are at designated stops 24 on official bus routes; and, provided further, that written 25 authorization has been given to a qualified private supplier 26 of such service by the municipal government within whose 27 incorporated limits such benches or transit shelters are 28 installed, or by the county government within whose 29 unincorporated limits such benches or transit shelters are 30 installed. A municipality or county may authorize the 31 installation, without public bid, of benches and transit 14 9:19 PM 04/26/04 s1456.tr16.ee
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 392054 1 shelters together with advertising displayed thereon, within 2 the right-of-way limits of such roads. Any contract for the 3 installation of benches or transit shelters or advertising on 4 benches or transit shelters which was entered into before 5 April 8, 1992, without public bidding, is ratified and 6 affirmed. Such benches or transit shelters may not interfere 7 with right-of-way preservation and maintenance. Any bench or 8 transit shelter located on a sidewalk within the right-of-way 9 limits of any road on the State Highway System or the county 10 road system shall be located so as to leave at least 36 inches 11 of clearance for pedestrians and persons in wheelchairs. Such 12 clearance shall be measured in a direction perpendicular to 13 the centerline of the road. 14 (2) Waste disposal receptacles of less than 110 15 gallons in capacity, including advertising displayed on such 16 waste disposal receptacles, may be installed within the 17 right-of-way limits of any municipal, county, or state road, 18 except a limited access highway,; provided that written 19 authorization has been given to a qualified private supplier 20 of such service by the appropriate municipal or county 21 government. A municipality or county may authorize the 22 installation, without public bid, of waste disposal 23 receptacles together with advertising displayed thereon within 24 the right-of-way limits of such roads. Such waste disposal 25 receptacles may not interfere with right-of-way preservation 26 and maintenance. 27 (3) Modular news racks, including advertising thereon, 28 may be located within the right-of-way limits of any 29 municipal, county, or state road, except a limited access 30 highway, provided the municipal government within whose 31 incorporated limits such racks are installed or the county 15 9:19 PM 04/26/04 s1456.tr16.ee
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 392054 1 government within whose unincorporated limits such racks are 2 installed has passed an ordinance regulating the placement of 3 modular news racks within the right-of-way and has authorized 4 a qualified private supplier of modular news racks to provide 5 such service. The modular news rack or advertising thereon 6 shall not exceed a height of 56 inches or a total advertising 7 space of 56 square feet. No later than 45 days prior to 8 installation of modular news racks, the private supplier shall 9 provide a map of proposed locations and typical installation 10 plans to the department for approval. If the department does 11 not respond within 45 days after receipt of the submitted 12 plans, installation may proceed. 13 (4)(3) The department has the authority to direct the 14 immediate relocation or removal of any bench, transit shelter, 15 or waste disposal receptacle , or modular news rack which 16 endangers life or property, except that transit bus benches 17 which have been placed in service prior to April 1, 1992, are 18 not required do not have to comply with bench size and 19 advertising display size requirements which have been 20 established by the department prior to March 1, 1992. Any 21 transit bus bench that was in service prior to April 1, 1992, 22 may be replaced with a bus bench of the same size or smaller, 23 if the bench is damaged or destroyed or otherwise becomes 24 unusable. The department is authorized to adopt promulgate 25 rules relating to the regulation of bench size and advertising 26 display size requirements. However, If a municipality or 27 county within which a bench is to be located has adopted an 28 ordinance or other applicable regulation that establishes 29 bench size or advertising display sign requirements different 30 from requirements specified in department rule, then the local 31 government requirement shall be applicable within the 16 9:19 PM 04/26/04 s1456.tr16.ee
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 392054 1 respective municipality or county. Placement of any bench or 2 advertising display on the National Highway System under a 3 local ordinance or regulation adopted pursuant to this 4 subsection shall be subject to approval of the Federal Highway 5 Administration. 6 (5)(4) No bench, transit shelter, or waste disposal 7 receptacle, or modular news rack, or advertising thereon, 8 shall be erected or so placed on the right-of-way of any road 9 which conflicts with the requirements of federal law, 10 regulations, or safety standards, thereby causing the state or 11 any political subdivision the loss of federal funds. 12 Competition among persons seeking to provide bench, transit 13 shelter, or waste disposal receptacle, or modular news rack 14 services or advertising on such benches, shelters, or 15 receptacles, or news racks may be regulated, restricted, or 16 denied by the appropriate local government entity consistent 17 with the provisions of this section. 18 (6)(5) Street light poles, including attached public 19 service messages and advertisements, may be located within the 20 right-of-way limits of municipal and county roads in the same 21 manner as benches, transit shelters, and waste disposal 22 receptacles, and modular news racks as provided in this 23 section and in accordance with municipal and county 24 ordinances. Public service messages and advertisements may be 25 installed on street light poles on roads on the State Highway 26 System in accordance with height, size, setback, spacing 27 distance, duration of display, safety, traffic control, and 28 permitting requirements established by administrative rule of 29 the Department of Transportation. Public service messages and 30 advertisements shall be subject to bilateral agreements, where 31 applicable, to be negotiated with the owner of the street 17 9:19 PM 04/26/04 s1456.tr16.ee
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 392054 1 light poles, which shall consider, among other things, power 2 source rates, design, safety, operational and maintenance 3 concerns, and other matters of public importance. For the 4 purposes of this section, the term "street light poles" does 5 not include electric transmission or distribution poles. The 6 department shall have authority to adopt establish 7 administrative rules pursuant to ss. 120.536(1) and 120.54 to 8 implement the provisions of this section subsection. No 9 advertising on light poles shall be permitted on the 10 Interstate Highway System. No permanent structures carrying 11 advertisements attached to light poles shall be permitted on 12 the National Highway System. 13 (7)(6) Wherever the provisions of this section are 14 inconsistent with other provisions of this chapter or with the 15 provisions of chapter 125, chapter 335, chapter 336, or 16 chapter 479, the provisions of this section shall prevail. 17 18 (Redesignate subsequent sections.) 19 20 21 ================ T I T L E A M E N D M E N T =============== 22 And the title is amended as follows: 23 On page 2, lines 16-23, delete those lines 24 25 and insert: 26 minimum annual allocation; amending s. 337.401, 27 F.S.; providing that a permit-delegation 28 agreement between the Department of 29 Transportation and a governmental entity does 30 not apply to facilities of electric utilities; 31 amending s. 95.361, F.S.; providing that 18 9:19 PM 04/26/04 s1456.tr16.ee
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 392054 1 provisions governing the circumstances under 2 which a road is deemed to be dedicated to the 3 public do not apply to a electric utility 4 facility located on property otherwise subject 5 to those provisions; amending s. 341.8203, 6 F.S.; redefining the terms "authority" and 7 "high-speed rail system"; amending s. 341.840, 8 F.S.; revising the tax exemption of the 9 authority and its agents and contractors; 10 providing for annual redetermination of 11 eligibility for exemption; providing for 12 recapture of taxes when an exemption is used 13 inappropriately; providing for rules; amending 14 ss. 343.71, 343.72, 343.73, and 343.74, F.S., 15 relating to the Tampa Bay Commuter Rail 16 Authority Act; redesignating the authority as 17 the "Tampa Bay Commuter Transit Authority"; 18 adding representatives of Manatee and Sarasota 19 Counties to the board of authority; including 20 Manatee and Sarasota Counties within the 21 jurisdiction of the authority; amending s. 3 of 22 chapter 88-474, Laws of Florida, as amended, 23 relating to the Greater Orlando Aviation 24 Authority; providing the mayor of Orlando, and 25 chair of the Orange County Commission shall be 26 members of the authority; amount of the loan 27 from the bank; amending s. 337.408, F.S.; 28 providing for placement of certain modular news 29 racks, including advertising thereon, within 30 the right-of-way limits of any municipal, 31 county, or state road; providing requirements, 19 9:19 PM 04/26/04 s1456.tr16.ee
SENATE AMENDMENT Bill No. CS for CS for SB 1456 Amendment No. ___ Barcode 392054 1 restrictions, and limitations; authorizing 2 removal under certain circumstances; 3 authorizing the department to adopt rules; 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 20 9:19 PM 04/26/04 s1456.tr16.ee