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The 2006 Florida Statutes
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Title XXVI Chapter 337 View Entire
PUBLIC CONTRACTING; ACQUISITION, DISPOSAL, AND USE OF Chapter
TRANSPORTATION PROPERTY
337.408 Regulation of benches, transit shelters, street light poles, waste disposal receptacles, and modular news
racks within rights-of-way.--
(1) Benches or transit shelters, including advertising displayed on benches or transit shelters, may be installed within
the right-of-way limits of any municipal, county, or state road, except a limited access highway, provided that such
benches or transit shelters are for the comfort or convenience of the general public or are at designated stops on
official bus routes and provided that written authorization has been given to a qualified private supplier of such service
by the municipal government within whose incorporated limits such benches or transit shelters are Installed or by the
county government within whose unincorporated limits such benches or transit shelters are installed. A municipality or
county may authorize the installation, without public bid, of benches and transit shelters together with advertising
displayed thereon within the right-of-way limits of such roads. Any contract for the installation of benches or transit
shelters or advertising on benches or transit shelters which was entered into before April 8, 1992, without public -
bidding is ratified and affirmed. Such benches or transit shelters may not interfere with right-of-way preservation and
maintenance. Any bench or transit shelter located on a sidewalk within the right-of-way limits of any road on the State
Highway System or the county road system shall be located so as to leave at least 36 inches of clearance for pedestrians
and persons in wheelchairs. Such clearance shall be measured in a direction perpendicular to the centerline of the
road.
(2) Waste disposal receptacles of less than 110 gallons in capacity, including advertising displayed on such waste
disposal receptacles, may be installed within the right-of-way limits of any municipal, county, or state road, except a
limited access highway, provided that written authorization has been given to a qualified private supplier of such
service by the appropriate municipal or county government. A municipality or county may authorize the installation,
without public bid, of waste disposal receptacles together with advertising displayed thereon within the right-of-way
limits of such roads. Such waste disposal receptacles may not interfere with right-of-way preservation and
maintenance.
(3) Modular news racks, including advertising thereon, may be located within the right-of-way limits of any municipal,
county, or state road, except a limited access highway, provided the municipal government within whose incorporated
limits such racks are installed or the county government within whose unincorporated limits such racks are installed has
passed an ordinance regulating the placement of modular news racks within the right-of-way and has authorized a
qualified private supplier of modular news racks to provide such service. The modular news rack or advertising thereon
shall not exceed a height of 56 inches or a total advertising space of 56 square feet. No later than 45 days prior to
installation of modular news racks, the private supplier shalt provide a map of proposed locations and typical
installation plans to the department for approval. If the department does not respond within 45 days after receipt of
the submitted plans, installation may proceed.
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(4) The department has the authority to direct the immediate relocation property,or removal oofepanyenc , that t [ btit she
he,
waste disposal receptacle, or modular news rack which endangers life
be
which have been placed in service prior to April 1, 1992, are not required to comply
with
ch bench
1ch size
Anya advertising
busbench
display size requirements which have been established by the department p1in the bench 15
ghat was 1n service prior to April 1, 1992, may be replaced with tus bis authorized to adopt rulesnch of the same size or lrelacing to the
damaged or destroyed or otherwise becomes unusable. The department
regulation of bench size and advertising display size requirements. If a municipality or county
size�or advertising g display
g
to be located has adopted an ordinance or other applicable regulation that
sign requirements different from requirements specified in department rule, the local government requirement shall be
display on
tio
al
applicable within the respective municipality or county. Placement of any bench or vertisinshag be subject the
Na onal
Highway System under a local ordinance or regulation adopted pursuant to this
subsectionof the Federal Highway Administration.
(5)No bench, transit shelter, waste disposal receptacle, or modular news rack,
or r oadvertising
e tisi ga thereon,
eo ,lshaU be or safetyted
or so placed on the right-of-way of any road which conflicts with the fequirem
standards, thereby causing the state or any political subdivision the loss of federal funds. Competition among persons
rack services or advertising on
seeking to provide bench, transit shelter, waste disposal receptacle °r modular restricted, or d vied by the appropriate local
such benches, shelters, receptacles, or news racks may be regulated,
government entity consistent with the provisions of this section.
t poles, including attached public service messages and advertisements, may be located
disposal
within the right-
(6) Street light p ►
of -way limits of municipal and county roads in the same
ectionrand inbenches,
accordance withshelters,
municipal and county
receptacles, and modular news racks as provided in
ordinances. Public service messages and advertisements may be installed on street
t duration light poles on roads on the State ay, safety, traffic control,
Highway System in accordance with height, sadminisze, bative ack, rule of acing the Department of Transportation. Public service
and permitting requirements established by applicable, to be negotiated with the
messages and advertisements shalt be subject to bilateral agreements, where ap licablrce rates, design, led w
owner of the street light poles, which shalt consider, among other things, power this
operational and maintenance concerns, and other matters of public importanCe.lFor
the purpose nt shall h vosection,
the
Re
term street light poles" does not include electric transmission to dmstlement t4pie provisions of this section. No
authority to adopt rules pursuant to �on the' Interstate ) and Hi Highway System. No permanent structures carrying
advertising on light poles shall be permitted
S Y Y
advertisements attached to light poles shall be permitted on the National Highway System.
(7) Wherever
the provisions of this section are inconsistent with other provisions of this chapteorwiththe provisions
of chapter 125, chapter 335, chapter 336, or chapter 479, the provisions of this section shallprevail.
History.--s. 21, ch. 85-180; s. 61, ch. 94-237; s. 30, ch. 95-257; s. 63, ch. 96-323; s. 82, ch. 2002-20; s. 22, ch. 2004-
366.
1
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