SENATE AMENDMENT
Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ Barcode 190764
CHAMBER ACTION
Senate House
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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
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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
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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
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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.
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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
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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.
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