Florida Senate - 2018 SB 1794
By Senator Rodriguez
37-01671-18 20181794__
1 A bill to be entitled
2 An act relating to kiosks and pushcarts; amending s.
3 337.408, F.S.; authorizing kiosks and pushcarts,
4 including advertising displayed on such kiosks and
5 pushcarts, to be installed within the right-of-way
6 limits of any municipal, county, or state road, except
7 a limited access highway, subject to certain
8 requirements and restrictions; conforming provisions
9 to changes made by the act; amending s. 479.16, F.S.;
10 conforming a provision to changes made by the act;
11 providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 337.408, Florida Statutes, is amended to
16 read:
17 337.408 Regulation of bus stops, benches, transit shelters,
18 street light poles, waste disposal receptacles, and modular news
19 racks, kiosks, and pushcarts within rights-of-way.—
20 (1) Benches or transit shelters, including advertising
21 displayed on benches or transit shelters, may be installed
22 within the right-of-way limits of any municipal, county, or
23 state road, except a limited access highway, provided that such
24 benches or transit shelters are for the comfort or convenience
25 of the general public or are at designated stops on official bus
26 routes and provided that written authorization has been given to
27 a qualified private supplier of such service by the municipal
28 government within whose incorporated limits such benches or
29 transit shelters are installed or by the county government
30 within whose unincorporated limits such benches or transit
31 shelters are installed. A municipality or county may authorize
32 the installation, without public bid, of benches and transit
33 shelters together with advertising displayed thereon within the
34 right-of-way limits of such roads. All installations shall be in
35 compliance with all applicable laws and rules, including,
36 without limitation, the Americans with Disabilities Act.
37 Municipalities and counties that authorize or have authorized a
38 bench or transit shelter to be installed within the right-of-way
39 limits of any road on the State Highway System shall be
40 responsible for ensuring that the bench or transit shelter
41 complies with all applicable laws and rules, including, without
42 limitation, the Americans with Disabilities Act, or must shall
43 remove the bench or transit shelter. The department has shall
44 have no liability for any claims, losses, costs, charges,
45 expenses, damages, liabilities, attorney fees, or court costs
46 relating to the installation, removal, or relocation of any
47 benches or transit shelters authorized by a municipality or
48 county. On and after July 1, 2012, a municipality or county that
49 authorizes a bench or transit shelter to be installed within the
50 right-of-way limits of any road on the State Highway System must
51 require the qualified private supplier, or any other person
52 under contract to install the bench or transit shelter, to
53 indemnify, defend, and hold harmless the department from any
54 suits, actions, proceedings, claims, losses, costs, charges,
55 expenses, damages, liabilities, attorney fees, and court costs
56 relating to the installation, removal, or relocation of such
57 installations, and must shall annually certify to the department
58 in a notarized signed statement that this requirement has been
59 met. The certification must shall include the name and address
60 of each person responsible for indemnifying the department for
61 an authorized installation. Municipalities and counties that
62 have authorized the installation of benches or transit shelters
63 within the right-of-way limits of any road on the State Highway
64 System must remove or relocate, or cause the removal or
65 relocation of, the installation at no cost to the department
66 within 60 days after written notice by the department that the
67 installation is unreasonably interfering in any way with the
68 convenient, safe, or continuous use of or the maintenance,
69 improvement, extension, or expansion of the State Highway System
70 road. Any contract for the installation of benches or transit
71 shelters or advertising on benches or transit shelters which was
72 entered into before April 8, 1992, without public bidding is
73 ratified and affirmed. Such benches or transit shelters may not
74 interfere with right-of-way preservation and maintenance. Any
75 bench or transit shelter located on a sidewalk within the right
76 of-way limits of any road on the State Highway System or the
77 county road system must shall be located so as to leave at least
78 36 inches of clearance for pedestrians and persons in
79 wheelchairs. Such clearance shall be measured in a direction
80 perpendicular to the centerline of the road.
81 (2) Waste disposal receptacles of less than 110 gallons in
82 capacity, including advertising displayed on such waste disposal
83 receptacles, may be installed within the right-of-way limits of
84 any municipal, county, or state road, except a limited access
85 highway, provided that written authorization has been given to a
86 qualified private supplier of such service by the appropriate
87 municipal or county government. A municipality or county may
88 authorize the installation, without public bid, of waste
89 disposal receptacles together with advertising displayed thereon
90 within the right-of-way limits of such roads. Such waste
91 disposal receptacles may not interfere with right-of-way
92 preservation and maintenance.
93 (3) Modular news racks, including advertising thereon, may
94 be located within the right-of-way limits of any municipal,
95 county, or state road, except a limited access highway, provided
96 the municipal government within whose incorporated limits such
97 racks are installed or the county government within whose
98 unincorporated limits such racks are installed has passed an
99 ordinance regulating the placement of modular news racks within
100 the right-of-way and has authorized a qualified private supplier
101 of modular news racks to provide such service. The modular news
102 rack or advertising thereon may shall not exceed a height of 56
103 inches or a total advertising space of 56 square feet. No later
104 than 45 days before prior to installation of modular news racks,
105 the private supplier shall provide a map of proposed locations
106 and typical installation plans to the department for approval.
107 If the department does not respond within 45 days after receipt
108 of the submitted plans, installation may proceed.
109 (4) Kiosks and pushcarts, including advertising displayed
110 on the kiosks and pushcarts, may be installed within the right
111 of-way limits of any municipal, county, or state road, except a
112 limited access highway, provided that the appropriate municipal
113 or county government has given its written authorization to a
114 qualified private supplier of such service. Such kiosks and
115 pushcarts may not interfere with right-of-way preservation and
116 maintenance.
117 (5)(4) The department has the authority to direct the
118 immediate relocation or removal of any bus stop, bench, transit
119 shelter, waste disposal receptacle, public pay telephone, or
120 modular news rack, kiosk, or pushcart that endangers life or
121 property or that is otherwise not in compliance with applicable
122 laws and rules, except that transit bus benches that were placed
123 in service before April 1, 1992, are not required to comply with
124 bench size and advertising display size requirements established
125 by the department before March 1, 1992. The department may adopt
126 rules relating to the regulation of bench size and advertising
127 display size requirements. If a municipality or county within
128 which a bench is to be located has adopted an ordinance or other
129 applicable regulation that establishes bench size or advertising
130 display sign requirements different from requirements specified
131 in department rule, the local government requirement applies
132 within the respective municipality or county. Placement of any
133 bench or advertising display on the National Highway System
134 under a local ordinance or regulation adopted under this
135 subsection is subject to approval of the Federal Highway
136 Administration.
137 (6)(5) A bus stop, bench, transit shelter, waste disposal
138 receptacle, public pay telephone, or modular news rack, kiosk,
139 or pushcart or advertising thereon, may not be erected or placed
140 on the right-of-way of any road in a manner that conflicts with
141 the requirements of federal law, regulations, or safety
142 standards, thereby causing the state or any political
143 subdivision the loss of federal funds. Competition among persons
144 seeking to provide bus stop, bench, transit shelter, waste
145 disposal receptacle, public pay telephone, or modular news rack,
146 kiosk, or pushcart services or advertising on such benches,
147 shelters, receptacles, public pay telephone, or news racks,
148 kiosks, or pushcarts may be regulated, restricted, or denied by
149 the appropriate local government entity consistent with this
150 section.
151 (7)(6) Street light poles, including attached public
152 service messages and advertisements, may be located within the
153 right-of-way limits of municipal and county roads in the same
154 manner as benches, transit shelters, waste disposal receptacles,
155 and modular news racks, kiosks, and pushcarts as provided in
156 this section and in accordance with municipal and county
157 ordinances. Public service messages and advertisements may be
158 installed on street light poles on roads on the State Highway
159 System in accordance with height, size, setback, spacing
160 distance, duration of display, safety, traffic control, and
161 permitting requirements established by administrative rule of
162 the Department of Transportation. Public service messages and
163 advertisements shall be subject to bilateral agreements, where
164 applicable, to be negotiated with the owner of the street light
165 poles, which shall consider, among other things, power source
166 rates, design, safety, operational and maintenance concerns, and
167 other matters of public importance. For the purposes of this
168 section, the term “street light poles” does not include electric
169 transmission or distribution poles. The department shall have
170 authority to adopt rules pursuant to ss. 120.536(1) and 120.54
171 to implement the provisions of this section. No advertising on
172 light poles shall be permitted on the Interstate Highway System.
173 No permanent structures carrying advertisements attached to
174 light poles shall be permitted on the National Highway System.
175 (8)(7) A public pay telephone, including advertising
176 displayed thereon, may be installed within the right-of-way
177 limits of any municipal, county, or state road, except on a
178 limited access highway, if the pay telephone is installed by a
179 provider duly authorized and regulated by the Public Service
180 Commission under s. 364.3375, if the pay telephone is operated
181 in accordance with all applicable state and federal
182 telecommunications regulations, and if written authorization has
183 been given to a public pay telephone provider by the appropriate
184 municipal or county government. Each advertisement must be
185 limited to a size no greater than 8 square feet, and a public
186 pay telephone booth may not display more than 3 three
187 advertisements at any given time. An advertisement is not
188 allowed on public pay telephones located in rest areas, welcome
189 centers, or other such facilities located on an interstate
190 highway.
191 (9)(8) Wherever the provisions of this section are
192 inconsistent with other provisions of this chapter or with the
193 provisions of chapter 125, chapter 335, chapter 336, or chapter
194 479, the provisions of this section shall prevail.
195 Section 2. Subsection (13) of section 479.16, Florida
196 Statutes, is amended to read:
197 479.16 Signs for which permits are not required.—The
198 following signs are exempt from the requirement that a permit
199 for a sign be obtained under this chapter but are required to
200 comply with s. 479.11(4)-(8), and subsections (15)-(20) may not
201 be implemented or continued if the Federal Government notifies
202 the department that implementation or continuation will
203 adversely affect the allocation of federal funds to the
204 department:
205 (13) Signs placed on benches, transit shelters, modular
206 news racks, street light poles, public pay telephones, and waste
207 receptacles, kiosks, and pushcarts within the right-of-way, as
208 provided for in s. 337.408, are exempt from this chapter.
209
210 If the exemptions in subsections (15)-(20) are not implemented
211 or continued due to notification from the Federal Government
212 that the allocation of federal funds to the department will be
213 adversely impacted, the department shall provide notice to the
214 sign owner that the sign must be removed within 30 days after
215 receipt of the notice. If the sign is not removed within 30 days
216 after receipt of the notice by the sign owner, the department
217 may remove the sign, and the costs incurred in connection with
218 the sign removal shall be assessed against and collected from
219 the sign owner.
220 Section 3. This act shall take effect July 1, 2018.