Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1180
       
       
       
       
       
       
                                Barcode 146084                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/30/2011           .                                
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       The Committee on Transportation (Evers) recommended the
       following:
       
    1         Senate Amendment to Amendment (661918) (with title
    2  amendment)
    3  
    4         Between lines 805 and 806
    5  insert:
    6         Section 50. Section 479.106, Florida Statutes, is amended
    7  to read:
    8         479.106 Vegetation management.—
    9         (1) The removal, cutting, or trimming of trees or
   10  vegetation on public right-of-way to make visible or to ensure
   11  future visibility of the facing of a proposed sign or previously
   12  permitted sign shall be performed only with the written
   13  permission of the department in accordance with the provisions
   14  of this section.
   15         (2) Any person desiring to engage in the removal, cutting,
   16  or trimming of trees or vegetation for the purposes herein
   17  described shall apply for an appropriate permit by make written
   18  application to the department. The application for a permit
   19  shall include at the election of the applicant, one of the
   20  following:
   21         (a) A vegetation management plan consisting of a property
   22  sketch indicating the on-site location of the vegetation or
   23  individual trees to be removed, cut, or trimmed and describing
   24  the existing conditions and proposed work to be accomplished.
   25         (b) Mitigation contribution to the Federal Grants Trust
   26  Fund pursuant to s. 589.277(2) using values of a wholesale plant
   27  nursery registered with the Division of Plant Industry of the
   28  Department of Agriculture and Consumer Services.
   29         (c) A combination of both a vegetation management plan and
   30  mitigation contribution the applicant’s plan for the removal,
   31  cutting, or trimming and for the management of any vegetation
   32  planted as part of a mitigation plan.
   33         (3) In evaluating a vegetation management plan or
   34  mitigation contribution, the department As a condition of any
   35  removal of trees or vegetation, and where the department deems
   36  appropriate as a condition of any cutting or trimming, the
   37  department may require a vegetation management plan, approved by
   38  the department, which considers conservation and mitigation, or
   39  contribution to a plan of mitigation, for the replacement of
   40  such vegetation. Each plan or contribution shall reasonably
   41  evaluate the application as it relates relate to the vegetation
   42  being affected by the application, taking into consideration the
   43  condition of such vegetation, and, where appropriate, may
   44  approve shall include plantings that which will allow reasonable
   45  visibility of sign facings while screening sign structural
   46  supports. Only herbicides approved by the Department of
   47  Agriculture and Consumer Services may be used in the removal of
   48  vegetation. The department shall act on the application for
   49  approval of vegetation management plans, or approval of
   50  mitigation contribution, within 30 days after receipt of such
   51  application. A permit issued in response to such application is
   52  valid for 5 years, may be renewed for an additional 5 years by
   53  payment of the applicable application fee, and is binding upon
   54  the department. The department may establish special mitigation
   55  programs for the beautification and aesthetic improvement of
   56  designated areas and permit individual applicants to contribute
   57  to such programs as a part or in lieu of other mitigation
   58  requirements.
   59         (4) The department may establish an application fee not to
   60  exceed $25 for each individual application to defer the costs of
   61  processing such application and a fee not to exceed $200 to
   62  defer the costs of processing an application for multiple sites.
   63         (5) The department may only grant a permit pursuant to s.
   64  479.07 for a new sign which requires the removal, cutting, or
   65  trimming of existing trees or vegetation on public right-of-way
   66  for the sign face to be visible from the highway when the sign
   67  owner has removed one at least two nonconforming sign signs of
   68  approximate comparable size and surrendered the permits for the
   69  nonconforming signs to the department for cancellation. For
   70  signs originally permitted after July 1, 1996, no permit for the
   71  removal, cutting, or trimming of trees or vegetation shall be
   72  granted where such trees or vegetation are part of a
   73  beautification project implemented prior to the date of the
   74  original sign permit application, when the beautification
   75  project is specifically identified in the department’s
   76  construction plans, permitted landscape projects, or agreements.
   77         (6) As a minimum, view zones are established along the
   78  public rights-of-way of interstate highways, expressways,
   79  federal-aid primary highways, and the State Highway System in
   80  the state, excluding privately or other publicly owned property,
   81  as follows:
   82         1. A view zone of 350 feet for posted speed limits of 35
   83  miles per hour or less.
   84         2. A view zone of 500 feet for posted speed limits of more
   85  than 35 miles per hour.
   86  
   87         The established view zone shall be within the first 1,000
   88  feet measured along the edge of the pavement in the direction of
   89  approaching traffic from a point on the edge of the pavement
   90  perpendicular to the edge of the sign facing nearest the highway
   91  and shall be continuous unless interrupted by vegetation having
   92  established historical significance, protected by state law, or
   93  having a circumference measured at 4 and 1/2 feet above grade,
   94  equal to or greater than 70 percent of the circumference of the
   95  Florida Champion of the same species as listed in the Florida
   96  Register of Big Trees of the Florida Native Plant Society. The
   97  sign owner may designate the specific location of the view zone
   98  for each sign facing. In the absence of such designation, the
   99  established view zone shall be measured from the sign along the
  100  edge of the pavement in the direction of approaching traffic as
  101  provided in this subsection.
  102         (7)(6) Beautification projects, trees, or other vegetation
  103  shall not be planted or located in the view zone of legally
  104  erected and permitted outdoor advertising signs which have been
  105  permitted prior to the date of the beautification project or
  106  other planting, where such planting will, at the time of
  107  planting or after future growth, screen such sign from view. The
  108  department shall provide written notice to the owner not less
  109  than 90 days before commencing a beautification project or other
  110  vegetation planting that may affect a sign, allowing such owner
  111  not less than 60 days to designate the specific location of the
  112  view zone of such affected sign. A sign owner is not required to
  113  prepare a vegetation management plan or secure a vegetation
  114  management permit for the implementation of beautification
  115  projects.
  116         (a) View zones are established along the public rights-of
  117  way of interstate highways, expressways, federal-aid primary
  118  highways, and the State Highway System in the state, excluding
  119  privately or other publicly owned property, as follows:
  120         1. A view zone of 350 feet for posted speed limits of 35
  121  miles per hour or less.
  122         2. A view zone of 500 feet for posted speed limits of over
  123  35 miles per hour.
  124         (b) The established view zone shall be within the first
  125  1,000 feet measured along the edge of the pavement in the
  126  direction of approaching traffic from a point on the edge of the
  127  pavement perpendicular to the edge of the sign facing nearest
  128  the highway and shall be continuous unless interrupted by
  129  existing, naturally occurring vegetation. The department and the
  130  sign owner may enter into an agreement identifying the specific
  131  location of the view zone for each sign facing. In the absence
  132  of such agreement, the established view zone shall be measured
  133  from the sign along the edge of the pavement in the direction of
  134  approaching traffic as provided in this subsection.
  135         (a)(c) If a sign owner alleges any governmental entity or
  136  other party has violated this subsection, the sign owner must
  137  provide 90 days’ written notice to the governmental entity or
  138  other party allegedly violating this subsection. If the alleged
  139  violation is not cured by the governmental entity or other party
  140  within the 90-day period, the sign owner may file a claim in the
  141  circuit court where the sign is located. A copy of such
  142  complaint shall be served contemporaneously upon the
  143  governmental entity or other party. If the circuit court
  144  determines a violation of this subsection has occurred, the
  145  court shall award a claim for compensation equal to the lesser
  146  of the revenue from the sign lost during the time of screening
  147  or the fair market value of the sign, and the governmental
  148  entity or other party shall pay the award of compensation
  149  subject to available appeal. Any modification or removal of
  150  material within a beautification project or other planting by
  151  the governmental entity or other party to cure an alleged
  152  violation shall not require the issuance of a permit from the
  153  Department of Transportation provided not less than 48 hours’
  154  notice is provided to the department of the modification or
  155  removal of the material. A natural person, private corporation,
  156  or private partnership licensed under part II of chapter 481
  157  providing design services for beautification or other projects
  158  shall not be subject to a claim of compensation under this
  159  section when the initial project design meets the requirements
  160  of this section.
  161         (b)(d) This subsection shall not apply to the provisions of
  162  any existing written agreement executed before July 1, 2006,
  163  between any local government and the owner of an outdoor
  164  advertising sign.
  165         (8)(7) Any person engaging in removal, cutting, or trimming
  166  of trees or vegetation in violation of this section or
  167  benefiting from such actions shall be subject to an
  168  administrative penalty of up to $1,000 and required to mitigate
  169  for the unauthorized removal, cutting, or trimming in such
  170  manner and in such amount as may be required under the rules of
  171  the department.
  172         (9)(8) The intent of this section is to create partnering
  173  relationships which will have the effect of improving the
  174  appearance of Florida’s highways and creating a net increase in
  175  the vegetative habitat along the roads. Department rules shall
  176  encourage the use of plants which are low maintenance and native
  177  to the general region in which they are planted.
  178         Section 51. Subsections (16) and (17) are added to section
  179  479.16, Florida Statutes, to read:
  180         479.16 Signs for which permits are not required.—The
  181  following signs are exempt from the requirement that a permit
  182  for a sign be obtained under the provisions of this chapter but
  183  are required to comply with the provisions of s. 479.11(4)-(8):
  184         (16) Signs erected under the local tourist-oriented
  185  commerce program signs pilot program under s. 479.263.
  186         (17) Signs not in excess of 32 square feet placed
  187  temporarily during harvest season of a farm operation for a
  188  period of no more than four months at a road junction with the
  189  State Highway System denoting only the distance or direction of
  190  the farm operation. The temporary farm operation harvest sign
  191  provision under this subsection may not be implemented if the
  192  Federal Government notifies the department that implementation
  193  will adversely affect the allocation of federal funds to the
  194  department.
  195         Section 52. Section 479.263, Florida Statutes, is created
  196  to read:
  197         479.263 .Tourist-oriented commerce signs pilot program.
  198  The local tourist-oriented commerce signs pilot program is
  199  created in rural areas of critical economic concern as defined
  200  by s. 288.0656(2)(d) and (e). Signs erected under this program
  201  do not require a permit under this chapter.
  202         (1) A local tourist-oriented business that is a small
  203  business as defined in s. 288.703 may erect a sign that meets
  204  the following criteria:
  205         (a) The signs are not more than 8 square feet in size or
  206  more than 4 feet in height.
  207         (b) The signs are located only in rural areas along
  208  highways that are not limited access highways.
  209         (c) The signs are located within 2 miles of the business
  210  location and not less than 500 feet apart.
  211         (d) The advertising copy on the signs consists only of the
  212  name of the business or the principle or accessory merchandise
  213  or services sold or furnished on the premises of the business.
  214         (2) A business placing such signs under this section:
  215         (a) Must be a minimum of 4 miles from any other business
  216  placing signs under this program.
  217         (b) May not participate in the logo sign program authorized
  218  under s. 479.261 or the tourist-oriented directional sign
  219  program authorized under s. 479.262.
  220         (3) Businesses which are conducted in a building
  221  principally used as a residence are not eligible to participate.
  222  
  223         Each business utilizing this program shall notify the
  224  department in writing of its intent to do so prior to placing
  225  signs. The department shall maintain statistics of the
  226  businesses participating in the program. This program shall not
  227  take effect if the Federal Highway Administration advises the
  228  department in writing that implementation constitutes a loss of
  229  effective control of outdoor advertising. The local tourist
  230  oriented commerce signs pilot program created herein shall
  231  expire June 30. 2016.
  232  
  233  
  234  ================= T I T L E  A M E N D M E N T ================
  235         And the title is amended as follows:
  236         Between lines 917 and 918
  237  insert:
  238