Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. SB 424 Barcode 520310 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/10/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Transportation (Baker) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 8 - 9 4 and insert: 5 Section 1. Subsections (4) and (5) of section 337.408, 6 Florida Statutes, are amended, present subsection (7) of that 7 section is renumbered as subsection (8), and a new subsection 8 (7) is added to that section, to read: 9 337.408 Regulation of benches, transit shelters, street 10 light poles, waste disposal receptacles, and modular news racks 11 within rights-of-way.— 12 (4) The department has the authority to direct the 13 immediate relocation or removal of any bench, transit shelter, 14 waste disposal receptacle, public pay telephone, or modular news 15 rack thatwhichendangers life or property, except that transit 16 bus benches that werewhich have beenplaced in service before 17prior toApril 1, 1992, are not required to comply with bench 18 size and advertising display size requirementswhich have been19 established by the department beforeprior toMarch 1, 1992. Any 20 transit bus bench that was in service beforeprior toApril 1, 21 1992, may be replaced with a bus bench of the same size or 22 smaller, if the bench is damaged or destroyed or otherwise 23 becomes unusable. The department mayis authorized toadopt 24 rules relating to the regulation of bench size and advertising 25 display size requirements. If a municipality or county within 26 which a bench is to be located has adopted an ordinance or other 27 applicable regulation that establishes bench size or advertising 28 display sign requirements different from requirements specified 29 in department rule, the local government requirement applies 30shall be applicablewithin the respective municipality or 31 county. Placement of any bench or advertising display on the 32 National Highway System under a local ordinance or regulation 33 adopted underpursuant tothis subsection isshall besubject to 34 approval of the Federal Highway Administration. 35 (5) ANobench, transit shelter, waste disposal receptacle, 36 public pay telephone, or modular news rack, or advertising 37 thereon, may notshallbe erected orsoplaced on the right-of 38 way of any road in a manner thatwhichconflicts with the 39 requirements of federal law, regulations, or safety standards, 40 thereby causing the state or any political subdivision the loss 41 of federal funds. Competition among persons seeking to provide 42 bench, transit shelter, waste disposal receptacle, public pay 43 telephone, or modular news rack services or advertising on such 44 benches, shelters, receptacles, public pay telephone, or news 45 racks may be regulated, restricted, or denied by the appropriate 46 local government entity consistent withthe provisions ofthis 47 section. 48 (7) A public pay telephone, including advertising displayed 49 thereon, may be installed within the right-of-way limits of any 50 municipal, county, or state road, except on a limited access 51 highway, if the pay telephone is installed by a provider duly 52 authorized and regulated by the Public Service Commission under 53 s. 364.3375, if the pay telephone is operated in accordance with 54 all applicable state and federal telecommunications regulations, 55 and if written authorization has been given to a public pay 56 telephone provider by the appropriate municipal or county 57 government. Each advertisement must be limited to a size no 58 greater than 8 square feet and a public pay telephone booth may 59 not display more than three advertisements at any given time. An 60 advertisement is not allowed on public pay telephones located in 61 rest areas, welcome centers, or other such facilities located on 62 an interstate highway. 63 64 65 ================= T I T L E A M E N D M E N T ================ 66 And the title is amended as follows: 67 Delete lines 2 - 4 68 and insert: 69 An act relating to transportation; amending s. 337.403, 70 F.S.; providing for the department or local governmental entity 71 to pay certain costs of removal or relocation of a utility 72 facility that is found to be interfering with the use, 73 maintenance, improvement, extension, or expansion of a public 74 road or publicly owned rail corridor under described 75 circumstances; amending s. 337.408, F.S.; providing for public 76 pay telephones and advertising thereon to be installed within 77 the right-of-way limits of any municipal, county, or state road; 78 providing an effective date.