SENATE AMENDMENT
    Bill No. CS/CS/HB 1053, 2nd Eng.
    Amendment No. ___   Barcode 190764
                            CHAMBER ACTION
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11  Senator Sebesta moved the following amendment to amendment
12  (510902):
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14         Senate Amendment 
15         On page 129, line 9, through page 133, line 30, delete
16  those lines
17  
18  and insert:  
19         70.20  Balancing of interests.--It is a policy of this
20  state to encourage municipalities, counties, and other
21  governmental entities and sign owners to enter into relocation
22  and reconstruction agreements that allow governmental entities
23  to undertake public projects and accomplish public goals
24  without the expenditure of public funds, while allowing the
25  continued maintenance of private investment in signage as a
26  medium of commercial and noncommercial communication.
27         (1)  Municipalities, counties, and all other
28  governmental entities are specifically empowered to enter into
29  relocation and reconstruction agreements on whatever terms are
30  agreeable to the sign owner and the municipality, county, or
31  other governmental entity involved and to provide for
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SENATE AMENDMENT Bill No. CS/CS/HB 1053, 2nd Eng. Amendment No. ___ Barcode 190764 1 relocation and reconstruction of signs by agreement, 2 ordinance, or resolution. As used in this section, a 3 "relocation and reconstruction agreement" means a consensual, 4 contractual agreement between a sign owner and municipality, 5 county, or other governmental entity for either the 6 reconstruction of an existing sign or removal of a sign and 7 the construction of a new sign to substitute for the sign 8 removed. 9 (2) Except as otherwise provided in this section, no 10 municipality, county, or other governmental entity may remove, 11 or cause to be removed, any lawfully erected sign along any 12 portion of the interstate, federal-aid primary or other 13 highway system, or any other road, without first paying just 14 compensation for such removal as determined by agreement 15 between the parties or through eminent domain proceedings. 16 Except as otherwise provided in this section, no municipality, 17 county, or other governmental entity may cause in any way the 18 alteration of any lawfully erected sign located along any 19 portion of the interstate, federal-aid primary or other 20 highway system, or any other road, without first paying just 21 compensation for such alteration as determined by agreement 22 between the parties or through eminent domain proceedings. The 23 provisions of this act shall not apply to any ordinance, the 24 validity, constitutionality, and enforceability of which the 25 owner has by written agreement waived all right to challenge. 26 (3) In the event that a municipality, county, or other 27 governmental entity shall undertake a public project or public 28 goal requiring alteration or removal of any lawfully erected 29 sign, the municipality, county, or other governmental entity 30 shall notify the owner of the affected sign in writing of the 31 public project or goal and of the intention of the 2 5:39 PM 05/03/01 h1053.tr20.6c
SENATE AMENDMENT Bill No. CS/CS/HB 1053, 2nd Eng. Amendment No. ___ Barcode 190764 1 municipality, county, or other governmental entity to seek 2 such removal. Within 30 days after receipt of the notice, the 3 owner of the sign and the municipality, county, or other 4 governmental entity shall attempt to meet for purposes of 5 negotiating and executing a relocation and reconstruction 6 agreement provided for in subsection (1). 7 (4) If the parties fail to enter into a relocation and 8 reconstruction agreement within 120 days after the initial 9 notification by the municipality, county, or other 10 governmental entity, either party may request mandatory 11 nonbinding arbitration to resolve the disagreements among the 12 parties. Each party shall select an arbitrator, and the 13 individuals so selected shall choose a third arbitrator. The 14 three arbitrators shall constitute the panel that shall 15 arbitrate the dispute between the parties and at the 16 conclusion of the proceedings shall present to the parties a 17 proposed relocation and reconstruction agreement that the 18 panel believes equitably balances the rights, interests, 19 obligations, and reasonable expectations of the parties. If 20 the municipality, county, or other governmental entity and the 21 sign owner accept the proposed relocation and reconstruction 22 agreement, the municipality, county, or other governmental 23 entity and sign owner shall each pay its respective costs of 24 arbitration and shall pay one-half of the costs of the 25 arbitration panel, unless the parties otherwise agree. 26 (5) If the parties do not enter into a relocation and 27 reconstruction agreement, the municipality, county, or other 28 governmental entity may proceed with the public project or 29 purpose and the alteration or removal of the sign only after 30 first paying just compensation for such alteration or removal 31 as determined by agreement between the parties or through 3 5:39 PM 05/03/01 h1053.tr20.6c
SENATE AMENDMENT Bill No. CS/CS/HB 1053, 2nd Eng. Amendment No. ___ Barcode 190764 1 eminent domain proceedings. 2 (6) The requirement by a municipality, county, or 3 other governmental entity that a lawfully erected sign be 4 removed or altered as a condition precedent to the issuance or 5 continued effectiveness of a development order constitutes a 6 compelled removal that is prohibited without prior payment of 7 just compensation under subsection (2). This subsection does 8 not apply when the owner of the land on which the sign is 9 located is seeking to have the property redesignated on the 10 future land use map of the applicable comprehensive plan for 11 exclusively single-family residential use. 12 (7) The requirement by a municipality, county, or 13 other governmental entity that a lawfully erected sign be 14 altered or removed from the premises upon which it is located 15 incident to the voluntary acquisition of such property by a 16 municipality, county, or other governmental entity constitutes 17 a compelled removal which is prohibited without payment of 18 just compensation under subsection (2). 19 (8) Nothing in this section shall prevent a 20 municipality, county, or other governmental entity from 21 acquiring a lawfully erected sign through eminent domain or 22 from prospectively regulating the placement, size, height, or 23 other aspects of new signs within such entity's jurisdiction, 24 including the prohibition of new signs, unless otherwise 25 authorized pursuant to this section. Nothing in this section 26 shall impair any ordinance or provision of any ordinance not 27 inconsistent with this section, nor shall this section create 28 any new rights for any party other than the owner of a sign, 29 the owner of the land upon which it is located, or a 30 municipality, county, or other governmental entity as 31 expressed in this section. 4 5:39 PM 05/03/01 h1053.tr20.6c
SENATE AMENDMENT Bill No. CS/CS/HB 1053, 2nd Eng. Amendment No. ___ Barcode 190764 1 (9) This section applies only to a lawfully erected 2 sign the subject matter of which relates to premises other 3 than the premises on which it is located or to merchandise, 4 services, activities, or entertainment not sold, produced, 5 manufactured, or furnished on the premises on which the sign 6 is located. 7 (10) This section does not apply to any actions taken 8 by the Florida Department of Transportation which relate to 9 the operation, maintenance, or expansion of transportation 10 facilities, and this section does not affect existing law 11 regarding eminent domain relating to the Florida Department of 12 Transportation. 13 (11) Nothing in this act shall impair or affect any 14 written agreement existing prior to the effective date of this 15 act, including, but not limited to, any settlement agreements 16 reliant upon the legality or enforceability of local 17 ordinances. The provisions of this act shall not apply to any 18 signs that are required to be removed by a date certain in 19 areas designated by local ordinance as view corridors if the 20 local ordinance creating the view corridors was enacted in 21 part to effectuate a consensual agreement between the local 22 government and two or more sign owners prior to the effective 23 date of this act, nor shall the provisions of this act apply 24 to any signs that are the subject of an ordinance providing an 25 amortization period, which period has expired, and which 26 ordinance is the subject of judicial proceedings which were 27 commenced on or before January 1, 2001, nor shall this act 28 apply to any municipality with an ordinance that prohibits 29 billboards and has two or fewer billboards located within its 30 current boundaries or its future annexed properties. 31 (12) Subsection (6) hereof does not apply when the 5 5:39 PM 05/03/01 h1053.tr20.6c
SENATE AMENDMENT Bill No. CS/CS/HB 1053, 2nd Eng. Amendment No. ___ Barcode 190764 1 development order permits construction of a replacement sign 2 that cannot be erected without the removal of the lawfully 3 erected sign being replaced. Effective upon this section 4 becoming a law, the Office of Program Analysis and 5 Governmental Accountability, in consultation with the property 6 appraisers and the private sector affected parties, shall 7 conduct a study of the value of offsite signs in relation to, 8 and in comparison with, the valuation of other commercial 9 properties for ad valorem tax purposes, including a comparison 10 of tax valuations from other states. OPPAGA shall complete 11 the study by December 31, 2001, and shall report the results 12 of the study to the Legislature. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 5:39 PM 05/03/01 h1053.tr20.6c