Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7127, 2nd Eng.
       
       
       
       
       
       
                                Barcode 735098                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/30/2013 01:15 PM       .                                
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       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