Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. SB 1180 Barcode 114538 LEGISLATIVE ACTION Senate . House Comm: WD . 03/30/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 bus58bench that was in service before April 1, 1992, may be replaced59with a bus bench of the same size or smaller, if the bench is60damaged 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;