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Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS/CS/HB 1399, 2nd Eng.

338772

CHAMBER ACTION

Senate

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House



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Senator Baker moved the following amendment to amendment

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(844108):

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     Senate Amendment (with title amendment)

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     Delete lines 1475-1524

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and insert:

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expense except as provided in paragraphs (a)-(f) (a), (b), and

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(c).

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     (a)  If the relocation of utility facilities, as referred to

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in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No. 627

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of the 84th Congress, is necessitated by the construction of a

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project on the federal-aid interstate system, including

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extensions thereof within urban areas, and the cost of such

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project is eligible and approved for reimbursement by the Federal

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Government to the extent of 90 percent or more under the Federal

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Aid Highway Act, or any amendment thereof, then in that event the

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utility owning or operating such facilities shall relocate such

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facilities upon order of the department, and the state shall pay

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the entire expense properly attributable to such relocation after

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deducting therefrom any increase in the value of the new facility

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and any salvage value derived from the old facility.

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     (b)  When a joint agreement between the department and the

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utility is executed for utility improvement, relocation, or

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removal work to be accomplished as part of a contract for

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construction of a transportation facility, the department may

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participate in those utility improvement, relocation, or removal

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costs that exceed the department's official estimate of the cost

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of such work by more than 10 percent. The amount of such

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participation shall be limited to the difference between the

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official estimate of all the work in the joint agreement plus 10

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percent and the amount awarded for this work in the construction

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contract for such work. The department may not participate in any

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utility improvement, relocation, or removal costs that occur as a

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result of changes or additions during the course of the contract.

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     (c)  When an agreement between the department and utility is

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executed for utility improvement, relocation, or removal work to

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be accomplished in advance of a contract for construction of a

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transportation facility, the department may participate in the

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cost of clearing and grubbing necessary to perform such work.

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     (d) If the utility facility being removed or relocated was

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initially installed to exclusively serve the department, its

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tenants, or both the department and its tenants, the department

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shall bear the costs of removal or relocation of that utility

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facility. The department shall not be responsible, however, for

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bearing the cost of removal or relocation of any subsequent

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additions to that facility for the purpose of serving others.

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     (e) If, pursuant to an agreement between a utility and the

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authority entered into after the effective date of this

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subsection, the utility conveys, subordinates, or relinquishes a

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compensable property right to the authority for the purpose of

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accommodating the acquisition or use of the right-of-way by the

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authority, without the agreement expressly addressing future

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responsibility for cost of removal or relocation of the utility,

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then the authority shall bear the cost of such removal or

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relocation. Nothing in this paragraph is intended to impair or

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restrict, or be used to interpret, the terms of any such

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agreement entered into prior to the effective date of this

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paragraph.

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(f) If the utility is an electric facility being relocated

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underground in order to enhance vehicular, bicycle, and

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pedestrian safety and in which ownership of the electric facility

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to be placed underground has been transferred from a private to a

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public utility within the past 5 years, the department shall

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incur all costs of the relocation.

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     Section 33.  Subsection (4), subsection (5) of section

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337.408, Florida Statutes, are amended, subsection (7)is

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renumbered as subsection (8), and a new subsection (7) is added

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to that section, to read:

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     337.408  Regulation of benches, transit shelters, street

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light poles, waste disposal receptacles, and modular news racks

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within rights-of-way.--

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     (4)  The department has the authority to direct the

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immediate relocation or removal of any bench, transit shelter,

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waste disposal receptacle, public pay telephone, or modular news

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rack which endangers life or property, except that transit bus

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benches which have been placed in service prior to April 1, 1992,

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are not required to comply with bench size and advertising

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display size requirements which have been established by the

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department prior to March 1, 1992. Any transit bus bench that was

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in service prior to April 1, 1992, may be replaced with a bus

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bench of the same size or smaller, if the bench is damaged or

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destroyed or otherwise becomes unusable. The department is

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authorized to adopt rules relating to the regulation of bench

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size and advertising display size requirements. If a municipality

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or county within which a bench is to be located has adopted an

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ordinance or other applicable regulation that establishes bench

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size or advertising display sign requirements different from

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requirements specified in department rule, the local government

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requirement shall be applicable within the respective

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municipality or county. Placement of any bench or advertising

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display on the National Highway System under a local ordinance or

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regulation adopted pursuant to this subsection shall be subject

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to approval of the Federal Highway Administration.

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     (5)  No bench, transit shelter, waste disposal receptacle,

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public pay telephone, or modular news rack, or advertising

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thereon, shall be erected or so placed on the right-of-way of any

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road which conflicts with the requirements of federal law,

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regulations, or safety standards, thereby causing the state or

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any political subdivision the loss of federal funds. Competition

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among persons seeking to provide bench, transit shelter, waste

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disposal receptacle, or modular news rack services or advertising

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on such benches, shelters, receptacles, or news racks may be

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regulated, restricted, or denied by the appropriate local

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government entity consistent with the provisions of this section.

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(7) Public pay telephones, including advertising displayed

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thereon, may be installed within the right-of-way limits of any

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municipal, county, or state road, except on a limited access

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highway, provided that such pay telephones are installed by a

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provider duly authorized and regulated by the Public Service

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Commission pursuant to s. 364.3375, that such pay telephones are

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operated in accordance with all applicable state and federal

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telecommunications regulations, and that written authorization

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has been given to a public pay telephone provider by the

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appropriate municipal or county government. Each advertisement

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shall be limited to a size no greater than 8 square feet and no

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public pay telephone booth shall display more than 3 such

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advertisements at any given time. No advertisements shall be

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allowed on public pay telephones located in rest areas, welcome

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centers, and other such facilities located on an interstate

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highway.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line 2898

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and insert:

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road or rail corridor; amending s. 337.408, F.S.;

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providing for public pay telephones and advertising

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thereon to be installed within the right-of-way limits of

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any municipal, county, or state road; amending s. 338.01,

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F.S.; requiring

4/30/2008  11:08:00 PM     TR.20.09362

CODING: Words stricken are deletions; words underlined are additions.

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