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Amendment CaShTmL-160244.HTM
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 718
                        Barcode 160244
                            CHAMBER ACTION
              Senate                               House
 1                                 .                    
 2                                 .                    
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 4  ______________________________________________________________
10  ______________________________________________________________
11  The Committee on Transportation and Economic Development
12  Appropriations (Sebesta) recommended the following amendment:
14         Senate Amendment (with title amendment) 
15         On page 2, Between lines 11 and 12,
17  insert:
18         Section 2.  Subsection (1) of section 337.406, F.S., is
19  amended to read:
20         337.406  Unlawful use of state transportation facility
21  right-of-way; penalties.--
22         (1)  Except when leased as provided in s. 337.25(5) or
23  otherwise authorized by the rules of the department, it is
24  unlawful to make any use of the right-of-way of any state
25  transportation facility, including appendages thereto, outside
26  of an incorporated municipality in any manner that interferes
27  with the safe and efficient movement of people and property
28  from place to place on the transportation facility.  Failure
29  to prohibit the use of right-of-way in this manner will
30  endanger the health, safety, and general welfare of the public
31  by causing distractions to motorists, unsafe pedestrian
    9:06 AM   04/12/05                              s0718.ta16.a1a

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 718 Barcode 160244 1 movement within travel lanes, sudden stoppage or slowdown of 2 traffic, rapid lane changing and other dangerous traffic 3 movement, increased vehicular accidents, and motorist injuries 4 and fatalities. Such prohibited uses include, but are not 5 limited to, the free distribution or sale, or display or 6 solicitation for free distribution or sale, of any 7 merchandise, goods, property or services; the solicitation for 8 charitable purposes; the servicing or repairing of any 9 vehicle, except the rendering of emergency service; the 10 storage of vehicles being serviced or repaired on abutting 11 property or elsewhere; and the display of advertising of any 12 sort, except that any portion of a state transportation 13 facility may be used for an art festival, parade, fair, or 14 other special event if permitted by the appropriate local 15 governmental entity. Local governmental entities Within 16 incorporated municipalities, the local governmental entity may 17 issue permits of limited duration for the temporary use of the 18 right-of-way of a state transportation facility for any of 19 these prohibited uses if it is determined that the use will 20 not interfere with the safe and efficient movement of traffic 21 and the use will cause no danger to the public. The 22 permitting authority granted herein shall be exercised by the 23 municipality within incorporated municipalities and by the 24 county outside an incorporated municipality. Before a road on 25 the State Highway System may be temporarily closed for a 26 special event, the local governmental entity which permits the 27 special event to take place must determine that the temporary 28 closure of the road is necessary and must obtain the prior 29 written approval for the temporary road closure from the 30 department. Nothing in this subsection shall be construed to 31 authorize such activities on the Interstate Highway System any 2 9:06 AM 04/12/05 s0718.ta16.a1a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 718 Barcode 160244 1 limited access highway. Local governmental entities may, 2 within their respective jurisdictions, initiate enforcement 3 action by the appropriate code enforcement authority or law 4 enforcement authority for a violation of this section. 5 6 (Redesignate subsequent sections.) 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 On page 1, line 6, after the semicolon 12 13 insert: 14 amending s. 337.406, F.S.; granting local 15 governments authority to issue permits allowing 16 limited temporary use of state transportation 17 right of way; clarifying limited access 18 facilities are not included in such authority; 19 20 21 22 23 24 25 26 27 28 29 30 31 3 9:06 AM 04/12/05 s0718.ta16.a1a
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