Senate Bill sb1014

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    Florida Senate - 2005                                  SB 1014

    By Senator Argenziano





    3-804-05

  1                      A bill to be entitled

  2         An act relating to the use of state

  3         rights-of-way; amending s. 337.406, F.S.;

  4         requiring that a local governmental entity

  5         issue a permit for the temporary use of the

  6         right-of-way of a state transportation

  7         facility, which use is otherwise prohibited by

  8         law, if such use is safe and will not endanger

  9         the public; providing an effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Subsection (1) of section 337.406, Florida

14  Statutes, is amended to read:

15         337.406  Unlawful use of state transportation facility

16  right-of-way; penalties.--

17         (1)  Except when leased as provided in s. 337.25(5) or

18  otherwise authorized by the rules of the department, it is

19  unlawful to make any use of the right-of-way of any state

20  transportation facility, including appendages thereto, outside

21  of an incorporated municipality in any manner that interferes

22  with the safe and efficient movement of people and property

23  from place to place on the transportation facility.  Failure

24  to prohibit the use of right-of-way in this manner will

25  endanger the health, safety, and general welfare of the public

26  by causing distractions to motorists, unsafe pedestrian

27  movement within travel lanes, sudden stoppage or slowdown of

28  traffic, rapid lane changing and other dangerous traffic

29  movement, increased vehicular accidents, and motorist injuries

30  and fatalities.  Such prohibited uses include, but are not

31  limited to, the free distribution or sale, or display or

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    Florida Senate - 2005                                  SB 1014
    3-804-05




 1  solicitation for free distribution or sale, of any

 2  merchandise, goods, property or services; the solicitation for

 3  charitable purposes; the servicing or repairing of any

 4  vehicle, except the rendering of emergency service; the

 5  storage of vehicles being serviced or repaired on abutting

 6  property or elsewhere; and the display of advertising of any

 7  sort, except that any portion of a state transportation

 8  facility may be used for an art festival, parade, fair, or

 9  other special event if permitted by the appropriate local

10  governmental entity.  Within incorporated municipalities, the

11  local governmental entity shall may issue permits of limited

12  duration for the temporary use of the right-of-way of a state

13  transportation facility for any of these prohibited uses if it

14  is determined that the use will not interfere with the safe

15  and efficient movement of traffic and the use will cause no

16  danger to the public.  Before a road on the State Highway

17  System may be temporarily closed for a special event, the

18  local governmental entity which permits the special event to

19  take place must determine that the temporary closure of the

20  road is necessary and must obtain the prior written approval

21  for the temporary road closure from the department. Nothing in

22  this subsection shall be construed to authorize such

23  activities on the Interstate Highway System. Local

24  governmental entities may, within their respective

25  jurisdictions, initiate enforcement action by the appropriate

26  code enforcement authority or law enforcement authority for a

27  violation of this section.

28         Section 2.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                                  SB 1014
    3-804-05




 1            *****************************************

 2                          SENATE SUMMARY

 3    Requires that local governmental entities in incorporated
      municipalities issue permits for use of the right-of-way
 4    of a state transportation facility so long as the permits
      are of limited duration, do not interfere with safe and
 5    efficient movement of traffic, and pose no danger to the
      public.
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