Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1180
       
       
       
       
       
       
                                Barcode 114538                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/30/2011           .                                
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       The Committee on Transportation (Latvala) recommended the
       following:
       
    1         Senate Amendment to Amendment (661918) (with title
    2  amendment)
    3  
    4         Between lines 805 and 806
    5  insert:
    6         Section 50. Subsections (1) and (4) of section 337.408,
    7  Florida Statutes, are amended to read:
    8         337.408 Regulation of bus stop benches, transit shelters,
    9  street light poles, waste disposal receptacles, and modular news
   10  racks within rights-of-way.—
   11         (1) Benches or transit shelters, including advertising
   12  displayed on benches or transit shelters, may be installed
   13  within the right-of-way limits of any municipal, county, or
   14  state road, except a limited access highway, provided that such
   15  benches or transit shelters are for the comfort or convenience
   16  of the general public or are at designated stops on official bus
   17  routes and provided that written authorization has been given to
   18  a qualified private supplier of such service by the municipal
   19  government within whose incorporated limits such benches or
   20  transit shelters are installed or by the county government
   21  within whose unincorporated limits such benches or transit
   22  shelters are installed. A municipality or county may authorize
   23  the installation, without public bid, of benches and transit
   24  shelters together with advertising displayed thereon within the
   25  right-of-way limits of such roads. All installations shall be in
   26  compliance with all applicable laws and rules including, without
   27  limitation, the Americans with Disabilities Act. Municipalities
   28  and counties shall indemnify, defend, and hold harmless the
   29  department from any suits, actions, proceedings, claims, losses,
   30  costs, charges, expenses, damages, liabilities, attorney fees,
   31  and court costs relating to the installation, removal, or
   32  relocation of such installations. Any contract for the
   33  installation of benches or transit shelters or advertising on
   34  benches or transit shelters which was entered into before April
   35  8, 1992, without public bidding is ratified and affirmed. Such
   36  benches or transit shelters may not interfere with right-of-way
   37  preservation and maintenance. Any bench or transit shelter
   38  located on a sidewalk within the right-of-way limits of any road
   39  on the State Highway System or the county road system shall be
   40  located so as to leave at least 36 inches of clearance for
   41  pedestrians and persons in wheelchairs. Such clearance shall be
   42  measured in a direction perpendicular to the centerline of the
   43  road.
   44         (4) The department has the authority to direct the
   45  immediate relocation or removal of any bus stop bench, transit
   46  shelter, waste disposal receptacle, public pay telephone, or
   47  modular news rack that endangers life or property, or that is
   48  otherwise not in compliance with applicable laws and rules,
   49  except that transit bus benches that were placed in service
   50  before April 1, 1992, are not required to comply with bench size
   51  and advertising display size requirements established by the
   52  department before March 1, 1992. If a municipality or county
   53  fails to comply with the department’s direction, the department
   54  shall remove the noncompliant installation, charge the cost of
   55  the removal to the municipality or county, and may deduct or
   56  offset such cost from any other funding available to the
   57  municipality or county from the department. Any transit bus
   58  bench that was in service before April 1, 1992, may be replaced
   59  with a bus bench of the same size or smaller, if the bench is
   60  damaged or destroyed or otherwise becomes unusable. The
   61  department may adopt rules relating to the regulation of bench
   62  size and advertising display size requirements. If a
   63  municipality or county within which a bench is to be located has
   64  adopted an ordinance or other applicable regulation that
   65  establishes bench size or advertising display sign requirements
   66  different from requirements specified in department rule, the
   67  local government requirement applies within the respective
   68  municipality or county. Placement of any bench or advertising
   69  display on the National Highway System under a local ordinance
   70  or regulation adopted under this subsection is subject to
   71  approval of the Federal Highway Administration.
   72  
   73  ================= T I T L E  A M E N D M E N T ================
   74         And the title is amended as follows:
   75         Between lines 917 and 918
   76  insert:
   77         amending s. 337.408,F.S., revising requirements for
   78         the installation of bus stop benches, transit
   79         shelters, street light poles, waste disposal
   80         receptacles, and modular news racks within the public
   81         rights-of-way; requiring compliance with the Americans
   82         With Disabilities Act; providing responsibilities for
   83         removal of noncompliant installations;