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The 2006 Florida Statutes
Title XXVI Chapter 337
PUBLIC CONTRACTING; ACQUISITION, DISPOSAL, AND USE OF
TRANSPORTATION PROPERTY
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Chapter
337.408 Regulation of benches, transit shelters, street Tight 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
liklighway 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 shaft 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
•he submitted plans, installation may proceed.
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(4) The department has the authority to direct the immediate relocation or removal of any bench, transit shelter,
waste disposal receptacle, or modular news rack which endangers life or property, ly with bench size land advertt bus l ing
s
which have been placed in service prior to April 1, 1992, are not required to comply
s la size requirements which have been established by the department prior to March 1, 1992. Any transit bus bench
display
at was in service prior to April 1, 1992, may be replaced with a bus beller, if the relating to the
h s
damaged or destroyed or otherwise becomes unusable. The department is authorized to adopt rules
regulation of bench size and advertising display size requirements. If a municipality or county estabiishes bench within
sizz or whiertising display
ch a bench is
to be located has adopted an ordinance or other applicable regulation thatirement
sign requirements different from requirements specified in department rule, the oocaclvertirnmenditp reaquyo the Nationalllbe
applicable within the respective municipality or county. Placement of any bench
Hi hway System under a local ordinance or regulation adopted pursuant to this subsection shall be subject to approval
g
of the Federal Highway Administration.
d
(5) No bench,
transit shelter, waste disposal receptacle, or modular news rack, or advertising thereon,
shall
be e ected
or so placed on the right-of-way of any road which conflicts with the requirements of federal law,reg among Persons
r
standards, thereby causing the state or any political subdivision the loss of federal funds. Competition
on
seeking to provide bench, transit shelter, waste disposal receptaclormodular nor denied bews rack y the app opriatrvices or advertising e local
such benches, shelters, receptacles, or news racks may be regulated,e
government entity consistent with the provisions of this section.
(6) Street light poles, including attached public service messages and advertisements, Maybe ste located diswithin
the right-
of-way limits of municipal and county roads in the same manner as benches, trans
it shee,al
receptacles, and modular news racks as provided in this section and
on street light polesianiand county
roads on the State
ordinances. Public service messages and advertisements may traffic control,
•Highway System safety, in accordance with height, size, setback, spacing distance, duration of display,
and permitting requirements established by administrative rule of the Department
to be negotiated with the
tion. Public service
messages and advertisements shall be suconsidert to �teral agreements, amang other things, pawerere psource rates, design, safety,
owner of the street tight poles, which shall
operational and maintenance concerns, and other matters of public importanCe.lFor
the purposes C Shis � Vioon, the
Pe
term "street light poles" does not include electric transmission or dirt ement the provisions of this section. No
authority to adopt rules pursuant to ss. 120.536(1) and 120.54 toimp permanent structures carrying
advertising on light poles shall be permitted on the Interstate Highway System. No
advertisements attached to light poles shall be permitted on the National Highway System.
(7)
Wherever the provisions of this section are inconsistent with other provision5e f sections shall hchapter
or with the provisions
ofchapter 125, chapter 335, chapter 336, or chapter 479, the provisions of this
l.
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-
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Copyright 0 1995-2006 The Florida Legislature + Pri nl Statemen. C
t o- ntact lJs —
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