SENATE AMENDMENT
    Bill No. CS/CS/HB 1053, 2nd Eng.
    Amendment No. ___   Barcode 144630
                            CHAMBER ACTION
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11  Senator Sebesta moved the following amendment:
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13         Senate Amendment 
14         On page 129, line 9, through page 133, line 30, delete
15  those lines
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17  and insert:  
18         70.20  Balancing of interests.--It is a policy of this
19  state to encourage municipalities, counties, and other
20  governmental entities and sign owners to enter into relocation
21  and reconstruction agreements that allow governmental entities
22  to undertake public projects and accomplish public goals
23  without the expenditure of public funds, while allowing the
24  continued maintenance of private investment in signage as a
25  medium of commercial and noncommercial communication.
26         (1)  Municipalities, counties, and all other
27  governmental entities are specifically empowered to enter into
28  relocation and reconstruction agreements on whatever terms are
29  agreeable to the sign owner and the municipality, county, or
30  other governmental entity involved and to provide for
31  relocation and reconstruction of signs by agreement,
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SENATE AMENDMENT Bill No. CS/CS/HB 1053, 2nd Eng. Amendment No. ___ Barcode 144630 1 ordinance, or resolution. As used in this section, a 2 "relocation and reconstruction agreement" means a consensual, 3 contractual agreement between a sign owner and municipality, 4 county, or other governmental entity for either the 5 reconstruction of an existing sign or removal of a sign and 6 the construction of a new sign to substitute for the sign 7 removed. 8 (2) Except as otherwise provided in this section, no 9 municipality, county, or other governmental entity may remove, 10 or cause to be removed, any lawfully erected sign along any 11 portion of the interstate, federal-aid primary or other 12 highway system, or any other road, without first paying just 13 compensation for such removal as determined by agreement 14 between the parties or through eminent domain proceedings. 15 Except as otherwise provided in this section, no municipality, 16 county, or other governmental entity may cause in any way the 17 alteration of any lawfully erected sign located along any 18 portion of the interstate, federal-aid primary or other 19 highway system, or any other road, without first paying just 20 compensation for such alteration as determined by agreement 21 between the parties or through eminent domain proceedings. The 22 provisions of this act shall not apply to any ordinance, the 23 validity, constitutionality, and enforceability of which the 24 owner has by written agreement waived all right to challenge. 25 (3) In the event that a municipality, county, or other 26 governmental entity shall undertake a public project or public 27 goal requiring alteration or removal of any lawfully erected 28 sign, the municipality, county, or other governmental entity 29 shall notify the owner of the affected sign in writing of the 30 public project or goal and of the intention of the 31 municipality, county, or other governmental entity to seek 2 4:04 PM 05/03/01 h1053.tr20.5c
SENATE AMENDMENT Bill No. CS/CS/HB 1053, 2nd Eng. Amendment No. ___ Barcode 144630 1 such removal. Within 30 days after receipt of the notice, the 2 owner of the sign and the municipality, county, or other 3 governmental entity shall attempt to meet for purposes of 4 negotiating and executing a relocation and reconstruction 5 agreement provided for in subsection (1). 6 (4) If the parties fail to enter into a relocation and 7 reconstruction agreement within 120 days after the initial 8 notification by the municipality, county, or other 9 governmental entity, either party may request mandatory 10 nonbinding arbitration to resolve the disagreements among the 11 parties. Each party shall select an arbitrator, and the 12 individuals so selected shall choose a third arbitrator. The 13 three arbitrators shall constitute the panel that shall 14 arbitrate the dispute between the parties and at the 15 conclusion of the proceedings shall present to the parties a 16 proposed relocation and reconstruction agreement that the 17 panel believes equitably balances the rights, interests, 18 obligations, and reasonable expectations of the parties. If 19 the municipality, county, or other governmental entity and the 20 sign owner accept the proposed relocation and reconstruction 21 agreement, the municipality, county, or other governmental 22 entity and sign owner shall each pay its respective costs of 23 arbitration and shall pay one-half of the costs of the 24 arbitration panel, unless the parties otherwise agree. 25 (5) If the parties do not enter into a relocation and 26 reconstruction agreement, the municipality, county, or other 27 governmental entity may proceed with the public project or 28 purpose and the alteration or removal of the sign only after 29 first paying just compensation for such alteration or removal 30 as determined by agreement between the parties or through 31 eminent domain proceedings. 3 4:04 PM 05/03/01 h1053.tr20.5c
SENATE AMENDMENT Bill No. CS/CS/HB 1053, 2nd Eng. Amendment No. ___ Barcode 144630 1 (6) The requirement by a municipality, county, or 2 other governmental entity that a lawfully erected sign be 3 removed or altered as a condition precedent to the issuance or 4 continued effectiveness of a development order constitutes a 5 compelled removal that is prohibited without prior payment of 6 just compensation under subsection (2). This subsection does 7 not apply when the owner of the land on which the sign is 8 located is seeking to have the property redesignated on the 9 future land use map of the applicable comprehensive plan for 10 exclusively single-family residential use. 11 (7) The requirement by a municipality, county, or 12 other governmental entity that a lawfully erected sign be 13 altered or removed from the premises upon which it is located 14 incident to the voluntary acquisition of such property by a 15 municipality, county, or other governmental entity constitutes 16 a compelled removal which is prohibited without payment of 17 just compensation under subsection (2). 18 (8) Nothing in this section shall prevent a 19 municipality, county, or other governmental entity from 20 acquiring a lawfully erected sign through eminent domain or 21 from prospectively regulating the placement, size, height, or 22 other aspects of new signs within such entity's jurisdiction, 23 including the prohibition of new signs, unless otherwise 24 authorized pursuant to this section. Nothing in this section 25 shall impair any ordinance or provision of any ordinance not 26 inconsistent with this section, nor shall this section create 27 any new rights for any party other than the owner of a sign, 28 the owner of the land upon which it is located, or a 29 municipality, county, or other governmental entity as 30 expressed in this section. 31 (9) This section applies only to a lawfully erected 4 4:04 PM 05/03/01 h1053.tr20.5c
SENATE AMENDMENT Bill No. CS/CS/HB 1053, 2nd Eng. Amendment No. ___ Barcode 144630 1 sign the subject matter of which relates to premises other 2 than the premises on which it is located or to merchandise, 3 services, activities, or entertainment not sold, produced, 4 manufactured, or furnished on the premises on which the sign 5 is located. 6 (10) This section does not apply to any actions taken 7 by the Florida Department of Transportation which relate to 8 the operation, maintenance, or expansion of transportation 9 facilities, and this section does not affect existing law 10 regarding eminent domain relating to the Florida Department of 11 Transportation. 12 (11) Nothing in this act shall impair or affect any 13 written agreement existing prior to the effective date of this 14 act, including, but not limited to, any settlement agreements 15 reliant upon the legality or enforceability of local 16 ordinances. The provisions of this act shall not apply to any 17 signs that are required to be removed by a date certain in 18 areas designated by local ordinance as view corridors if the 19 local ordinance creating the view corridors was enacted in 20 part to effectuate a consensual agreement between the local 21 government and two or more sign owners prior to the effective 22 date of this act, nor shall the provisions of this act apply 23 to any signs that are the subject of an ordinance providing an 24 amortization period, which period has expired, and which 25 ordinance is the subject of judicial proceedings which were 26 commenced on or before January 1, 2001, nor shall this act 27 apply to any municipality with an ordinance that prohibits 28 billboards and has two or fewer billboards located within its 29 current boundaries or its future annexed properties. 30 (12) Subsection (6) hereof does not apply when the 31 development order permits construction of a replacement sign 5 4:04 PM 05/03/01 h1053.tr20.5c
SENATE AMENDMENT Bill No. CS/CS/HB 1053, 2nd Eng. Amendment No. ___ Barcode 144630 1 that cannot be erected without the removal of the lawfully 2 erected sign being replaced. Effective upon this section 3 becoming a law, the Office of Program Analysis and 4 Governmental Accountability, in consultation with the property 5 appraisers and the private sector affected parties, shall 6 conduct a study of the value of offsite signs in relation to, 7 and in comparison with, the valuation of other commercial 8 properties for ad valorem tax purposes, including a comparison 9 of tax valuations from other states. OPPAGA shall complete 10 the study by December 31, 2001, and shall report the results 11 of the study to the Legislature. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 4:04 PM 05/03/01 h1053.tr20.5c