Senate Bill 1426
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Florida Senate - 1998 SB 1426
By Senator Hargrett
21-998A-98
1 A bill to be entitled
2 An act relating to transportation; creating s.
3 316.0815, F.S.; providing public transit
4 vehicles right of way when reentering traffic
5 flow; amending s. 337.403, F.S.; authorizing
6 the Department of Transportation to participate
7 in the cost of clearing and grubbing with
8 utilities prior to construction of a
9 transportation facility; amending s. 479.01,
10 F.S.; redefining the terms "commercial or
11 industrial zone" and "unzoned commercial or
12 industrial area" for the purposes of the laws
13 regulating outdoor advertising; providing
14 criteria for an unzoned commercial or
15 industrial area; amending s. 479.16, F.S.;
16 providing a permit exemption for certain
17 outdoor advertising signs; providing an
18 effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 316.0815, Florida Statutes, is
23 created to read:
24 316.0815 Duty to yield to public transit vehicles.--
25 (1) The driver of a vehicle shall yield the right of
26 way to a public transit vehicle traveling in the same
27 direction which has signaled and is reentering the traffic
28 flow.
29 (2) This section does not relieve the driver of a
30 public transit vehicle from the duty to drive with due regard
31 for the safety of all persons using the roadway.
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Florida Senate - 1998 SB 1426
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1 Section 2. Subsection (1) of section 337.403, Florida
2 Statutes, is amended to read:
3 337.403 Relocation of utility; expenses.--
4 (1) Any utility heretofore or hereafter placed upon,
5 under, over, or along any public road or publicly owned rail
6 corridor that is found by the authority to be unreasonably
7 interfering in any way with the convenient, safe, or
8 continuous use, or the maintenance, improvement, extension, or
9 expansion, of such public road or publicly owned rail corridor
10 shall, upon 30 days' written notice to the utility or its
11 agent by the authority, be removed or relocated by such
12 utility at its own expense except as provided in paragraphs
13 (a), and (b), and (c).
14 (a) If the relocation of utility facilities, as
15 referred to in s. 111 of the Federal-Aid Highway Act of 1956,
16 Pub. L. No. 627 of the 84th Congress, is necessitated by the
17 construction of a project on the federal-aid interstate
18 system, including extensions thereof within urban areas, and
19 the cost of such project is eligible and approved for
20 reimbursement by the Federal Government to the extent of 90
21 percent or more under the Federal Aid Highway Act, or any
22 amendment thereof, then in that event the utility owning or
23 operating such facilities shall relocate such facilities upon
24 order of the department, and the state shall pay the entire
25 expense properly attributable to such relocation after
26 deducting therefrom any increase in the value of the new
27 facility and any salvage value derived from the old facility.
28 (b) When a joint agreement between the department and
29 the utility is executed for utility improvement, relocation,
30 or removal work to be accomplished as part of a contract for
31 construction of a transportation facility, the department may
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Florida Senate - 1998 SB 1426
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1 participate in those utility improvement, relocation, or
2 removal costs that exceed the department's official estimate
3 of the cost of such work by more than 10 percent. The amount
4 of such participation shall be limited to the difference
5 between the official estimate of all the work in the joint
6 agreement plus 10 percent and the amount awarded for this work
7 in the construction contract for such work. The department may
8 not participate in any utility improvement, relocation, or
9 removal costs that occur as a result of changes or additions
10 during the course of the contract.
11 (c) When a joint agreement between the department and
12 the utility is executed for utility improvement, relocation,
13 or removal work to be accomplished in advance of a contract
14 for construction of a transportation facility, the department
15 may participate in the cost of clearing and grubbing necessary
16 to perform such work.
17 Section 3. Subsections (3) and (23) of section 479.01,
18 Florida Statutes, are amended to read:
19 479.01 Definitions.--As used in this chapter, the
20 term:
21 (3) "Commercial or industrial zone" means a parcel of
22 land an area within 660 feet of the nearest edge of the
23 right-of-way of the interstate or federal-aid primary system
24 designated predominately for commercial or industrial use
25 under both the future land use map of the comprehensive plan
26 and the land development regulations adopted under pursuant to
27 chapter 163. If a parcel is located in an area designated for
28 multiple uses on the future land use map of a comprehensive
29 plan and the land development regulations do not clearly
30 designate that parcel for a specific use, the area will be
31 considered an unzoned commercial or industrial area if it
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Florida Senate - 1998 SB 1426
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1 meets the criteria of subsection (23). Where a local
2 governmental entity has not enacted a comprehensive plan by
3 local ordinance but has zoning regulations governing the area,
4 the zoning of an area shall determine whether the area is
5 designated predominately for commercial or industrial uses.
6 (23) "Unzoned commercial or industrial area" means a
7 parcel of land designated by the an area within 660 feet of
8 the nearest edge of the right-of-way of the interstate or
9 federal-aid primary system where the land use is not covered
10 by a future land use map of the comprehensive plan for
11 multiple uses that include commercial or industrial uses but
12 are not specifically designated for commercial or industrial
13 uses under the land development regulations and or zoning
14 regulation pursuant to subsection (2), in which there are
15 located three or more separate and distinct conforming
16 industrial or commercial activities are located.
17 (a) These activities must satisfy the following
18 criteria:
19 1. At least one of the commercial or industrial
20 activities must be located on the same side of the highway and
21 within 800 feet of the sign location;
22 2. The commercial or industrial activities must be
23 within 660 feet from the nearest edge of the right of way; and
24 3. The commercial or industrial activities must be
25 within 1,600 feet of each other.
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27 Distances specified in this paragraph must be measured from
28 the nearest outer edge of the primary building, or primary
29 building complex when the individual units of the complex are
30 connected by covered walkways. uses located within a
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1 1,600-foot radius of each other and generally recognized as
2 commercial or industrial by zoning authorities in this state.
3 (b) Certain activities, including, but not limited to,
4 the following, may not be so recognized as commercial or
5 industrial activities:
6 1.(a) Signs.
7 2. Communication towers.
8 3.(b) Agricultural, forestry, ranching, grazing,
9 farming, and related activities, including, but not limited
10 to, wayside fresh produce stands.
11 4.(c) Transient or temporary activities.
12 5.(d) Activities not visible from the main-traveled
13 way.
14 6.(e) Activities conducted more than 660 feet from the
15 nearest edge of the right-of-way.
16 7.(f) Activities conducted in a building principally
17 used as a residence.
18 8.(g) Railroad tracks and minor sidings.
19 Section 4. Subsection (15) of section 479.16, Florida
20 Statutes, is amended to read:
21 479.16 Signs for which permits are not required.--The
22 following signs are exempt from the requirement that a permit
23 for a sign be obtained under the provisions of this chapter
24 but are required to comply with the provisions of s.
25 479.11(4)-(8):
26 (15) Signs not in excess of 16 square feet placed at a
27 road junction with the State Highway System denoting only the
28 distance or direction of a residence or farm operation, or, in
29 a rural area where a hardship is created because a small
30 business is not visible from the road junction with the State
31 Highway System, one sign not in excess of 16 8 square feet,
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1 denoting only the name of the business and the distance and
2 direction to the business. The small-business-sign provision
3 of this subsection does not apply to charter counties and may
4 not be implemented if the Federal Government notifies the
5 department that implementation will adversely affect the
6 allocation of federal funds to the department.
7 Section 5. This act shall take effect upon becoming a
8 law.
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11 SENATE SUMMARY
12 Grants public transit vehicles the right of way when
reentering traffic flow. Allows the Department of
13 Transportation to participate in the cost of clearing and
grubbing with utilities prior to construction of a
14 transportation facility. Redefines the terms "commercial
or industrial area" and "unzoned commercial or industrial
15 area" for the purposes of the laws regulating outdoor
advertising. Revises exemptions from the permit
16 requirement for outdoor advertising signs.
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