Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 718
Barcode 160244
CHAMBER ACTION
Senate House
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11 The Committee on Transportation and Economic Development
12 Appropriations (Sebesta) recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 On page 2, Between lines 11 and 12,
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17 insert:
18 Section 2. Subsection (1) of section 337.406, F.S., is
19 amended to read:
20 337.406 Unlawful use of state transportation facility
21 right-of-way; penalties.--
22 (1) Except when leased as provided in s. 337.25(5) or
23 otherwise authorized by the rules of the department, it is
24 unlawful to make any use of the right-of-way of any state
25 transportation facility, including appendages thereto, outside
26 of an incorporated municipality in any manner that interferes
27 with the safe and efficient movement of people and property
28 from place to place on the transportation facility. Failure
29 to prohibit the use of right-of-way in this manner will
30 endanger the health, safety, and general welfare of the public
31 by causing distractions to motorists, unsafe pedestrian
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 718
Barcode 160244
1 movement within travel lanes, sudden stoppage or slowdown of
2 traffic, rapid lane changing and other dangerous traffic
3 movement, increased vehicular accidents, and motorist injuries
4 and fatalities. Such prohibited uses include, but are not
5 limited to, the free distribution or sale, or display or
6 solicitation for free distribution or sale, of any
7 merchandise, goods, property or services; the solicitation for
8 charitable purposes; the servicing or repairing of any
9 vehicle, except the rendering of emergency service; the
10 storage of vehicles being serviced or repaired on abutting
11 property or elsewhere; and the display of advertising of any
12 sort, except that any portion of a state transportation
13 facility may be used for an art festival, parade, fair, or
14 other special event if permitted by the appropriate local
15 governmental entity. Local governmental entities Within
16 incorporated municipalities, the local governmental entity may
17 issue permits of limited duration for the temporary use of the
18 right-of-way of a state transportation facility for any of
19 these prohibited uses if it is determined that the use will
20 not interfere with the safe and efficient movement of traffic
21 and the use will cause no danger to the public. The
22 permitting authority granted herein shall be exercised by the
23 municipality within incorporated municipalities and by the
24 county outside an incorporated municipality. Before a road on
25 the State Highway System may be temporarily closed for a
26 special event, the local governmental entity which permits the
27 special event to take place must determine that the temporary
28 closure of the road is necessary and must obtain the prior
29 written approval for the temporary road closure from the
30 department. Nothing in this subsection shall be construed to
31 authorize such activities on the Interstate Highway System any
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 718
Barcode 160244
1 limited access highway. Local governmental entities may,
2 within their respective jurisdictions, initiate enforcement
3 action by the appropriate code enforcement authority or law
4 enforcement authority for a violation of this section.
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6 (Redesignate subsequent sections.)
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9 ================ T I T L E A M E N D M E N T ===============
10 And the title is amended as follows:
11 On page 1, line 6, after the semicolon
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13 insert:
14 amending s. 337.406, F.S.; granting local
15 governments authority to issue permits allowing
16 limited temporary use of state transportation
17 right of way; clarifying limited access
18 facilities are not included in such authority;
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