Florida Senate - 2013 SENATOR AMENDMENT Bill No. CS/CS/HB 7127, 2nd Eng. Barcode 735098 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 04/30/2013 01:15 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Brandes moved the following: 1 Senate Amendment to Amendment (740626) (with title 2 amendment) 3 4 Between lines 953 and 954 5 insert: 6 Section 19. Subsection (1) of section 337.408, Florida 7 Statutes, is amended to read: 8 337.408 Regulation of bus stops, benches, transit shelters, 9 street light poles, waste disposal receptacles, and modular news 10 racks within rights-of-way.— 11 (1)(a) 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, 27 without limitation, the Americans with Disabilities Act. 28 Municipalities and counties that authorize or have authorized a 29 bench or transit shelter to be installed within the right-of-way 30 limits of any road on the State Highway System shall be 31 responsible for ensuring that the bench or transit shelter 32 complies with all applicable laws and rules, including, without 33 limitation, the Americans with Disabilities Act, or shall remove 34 the bench or transit shelter. The department shall have no 35 liability for any claims, losses, costs, charges, expenses, 36 damages, liabilities, attorney fees, or court costs relating to 37 the installation, removal, or relocation of any benches or 38 transit shelters authorized by a municipality or county. 39 (b) On and after July 1, 2012, through June 30, 2013, a 40 municipality or county that authorizes a bench or transit 41 shelter to be installed within the right-of-way limits of any 42 road on the State Highway System must require the qualified 43 private supplier, or any other person under contract to install 44 the bench or transit shelter, to indemnify, defend, and hold 45 harmless the department from any suits, actions, proceedings, 46 claims, losses, costs, charges, expenses, damages, liabilities, 47 attorney fees, and court costs relating to the installation, 48 removal, or relocation of such installations, and shall annually 49 certify to the department in a notarized signed statement that 50 this requirement has been met. The certification shall include 51 the name and address of each person responsible for indemnifying 52 the department for an authorized installation. 53 (c) On and after July 1, 2013, no benches or transit 54 shelters may be installed within the right-of-way limits of any 55 road on the State Highway System without first obtaining a 56 permit for the installation from the department. An application 57 for a permit must be made on a form prescribed by the 58 department. As part of the application, the applicant must 59 certify in a notarized signed statement that all information 60 provided in the application is true and correct and must agree 61 to indemnify, defend, and hold harmless the department from any 62 suits, actions, proceedings, claims, losses, costs, charges, 63 expenses, damages, liabilities, attorney fees, and court costs 64 relating to the installation, removal, or relocation of such 65 installations. A permit is valid only for the location specified 66 in the permit. Each permit will require the applicant to remove 67 or relocate the installation at its cost within 30 days after 68 written notice to the applicant by the department that the 69 installation is unreasonably interfering in any way with the 70 convenient, safe, or continuous use, or the maintenance, 71 improvement, extension, or expansion of the State Highway System 72 road. The department may adopt rules to implement this 73 paragraph. 74 (d) Municipalities and counties that have authorized the 75 installation of benches or transit shelters within the right-of 76 way limits of any road on the State Highway System must remove 77 or relocate, or cause the removal or relocation of, the 78 installation at no cost to the department within 60 days after 79 written notice by the department that the installation is 80 unreasonably interfering in any way with the convenient, safe, 81 or continuous use of or the maintenance, improvement, extension, 82 or expansion of the State Highway System road. 83 (e) On or before June 30, 2014, every owner of a bench or 84 transit shelter installed at any location within the right-of 85 way limits of any road on the State Highway System before July 86 1, 2013, shall provide the department a written inventory of the 87 location of each such bench or transit shelter and shall certify 88 to the department in a notarized signed statement that each 89 installation is in compliance with all applicable laws and 90 rules, including, without limitation, the Americans with 91 Disabilities Act. Beginning July 1,2014, the department may, but 92 is not required to, remove any bench or transit shelter within 93 the right-of-way limits of any road on the State Highway System 94 that is not included in the required inventory and 95 certification, and assess the cost of removal against the owner 96 of the bench or transit shelter. 97 (f) If the department determines that any bench or transit 98 shelter installation within the right-of-way limits of any road 99 on the State Highway System does not comply with all applicable 100 laws and rules, the owner of such bench or transit shelter shall 101 either remove the bench or transit shelter or bring the bench or 102 shelter installation into compliance within 60 days of notice by 103 the department, following which the department may, but is not 104 required to, remove the bench or transit shelter and assess the 105 cost of removal against the owner of the bench or transit 106 shelter. 107 (g) Any contract for the installation of benches or transit 108 shelters or advertising on benches or transit shelters which was 109 entered into before April 8, 1992, without public bidding is 110 ratified and affirmed. Such benches or transit shelters may not 111 interfere with right-of-way preservation and maintenance. 112 (h) Any bench or transit shelter located on a sidewalk 113 within the right-of-way limits of any road on the State Highway 114 System or the county road system shall be located so as to leave 115 at least 36 inches of clearance for pedestrians and persons in 116 wheelchairs. Such clearance shall be measured in a direction 117 perpendicular to the centerline of the road. 118 119 ================= T I T L E A M E N D M E N T ================ 120 And the title is amended as follows: 121 Delete line 4487 122 and insert: 123 lease must meet; amending s. 337.408, F.S.; requiring 124 a city or county that authorizes a bench or transit 125 shelter installation within the right-of-way limits of 126 any state road to indemnify and defend the department 127 from any liabilities relating to the installation 128 through June 30, 2013; prohibiting such installations 129 on and after July 1, 2013, without first obtaining a 130 permit; requiring an application on a form prescribed 131 by the department; requiring an applicant to provide a 132 notarized statement that all information in the 133 application is true and correct; requiring the 134 applicant to indemnify and defend the department from 135 all liabilities; providing that a permit is valid only 136 for the location specified; providing permit 137 requirements; authorizing the department to adopt 138 rules; amending s. 338.161, F.S.; 139