HB 1497CS

CHAMBER ACTION




1The Transportation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
6
A bill to be entitled
7An act relating to outdoor advertising; amending s.
8479.106, F.S.; revising provisions relating to the
9proximity of vegetation and beautification projects to
10outdoor advertising signs; specifying distances which
11constitute a view zone for outdoor advertising signs;
12authorizing the Department of Transportation and owners of
13outdoor advertising signs to enter into agreements
14identifying view zone locations; requiring governmental
15entities to pay for lost revenues or sign market values
16for violation of view zone requirements; amending s.
17479.25, F.S.; allowing permitted, conforming, lawfully
18erected outdoor advertising signs to be increased in
19height if visibility is blocked due to construction of a
20noise attenuation barrier; requiring sign reconstruction
21to meet Florida Building Code requirements; requiring the
22issuance of local permits for the reconstruction of signs
23notwithstanding local ordinances or land development
24regulations to the contrary; requiring local governments
25to pay just compensation for refusal to issue a
26reconstruction permit; providing an effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Subsection (6) of section 479.106, Florida
31Statutes, is amended to read:
32     479.106  Vegetation management.--
33     (6)  Beautification projects, trees, or other vegetation
34shall not be planted or located in the view zone of an area
35which will screen from view legally erected and permitted
36outdoor advertising signs which have been permitted prior to the
37date of the beautification project or other planting, where such
38planting will, at the time of planting or after future growth,
39screen such sign from view. The view zone shall consist of 500
40linear feet within the first 1,000 feet as measured along the
41edge of the pavement in the direction of approaching traffic
42from a point on the edge of the pavement perpendicular to the
43edge of the sign facing nearest the highway. The view zone shall
44be a continuous 500 linear feet unless interrupted by existing,
45naturally occurring vegetation. The department and the sign
46owner may enter into an agreement identifying the specific
47location of the view zone for each sign facing. In the absence
48of such agreement, the view zone shall be defined as the first
49continuous 500 linear feet from the sign. Any governmental
50entity violating this provision shall pay to the sign owner a
51penalty equal to the lesser of the revenue from the sign lost
52during the time of the screening or the fair market value of the
53sign.
54     Section 2.  Section 479.25, Florida Statutes, is amended to
55read:
56     479.25  Application of chapter.--The owner of a lawfully
57erected sign that conforms to state and federal requirements for
58land use, size, height, and spacing may increase the height
59above ground level of such sign This chapter does not prevent a
60governmental entity from entering into an agreement allowing the
61height above ground level of a lawfully erected sign to be
62increased at its permitted location if a noise-attenuation
63barrier, visibility screen, or other highway improvement is
64erected in such a way as to screen or block visibility of the
65sign. However, if a nonconforming sign is located on the
66federal-aid primary highway system, as such system existed on
67June 1, 1991, or on any highway that was not a part of such
68system as of that date but that is or becomes after June 1,
691991, a part of the National Highway System, the agreement must
70be approved by the Federal Highway Administration. Any increase
71in height permitted under this section may only be the increase
72in height which is required to achieve the same degree of
73visibility from the right-of-way which the sign had prior to the
74construction of the noise-attenuation barrier, notwithstanding
75the restrictions contained in s. 479.07(9)(b). A sign
76reconstructed under this section shall comply with the building
77standards and wind load requirements set forth in the Florida
78Building Code. The local government having jurisdiction shall
79issue such permits as may be required for the reconstruction of
80a sign pursuant to this section, notwithstanding any provisions
81to the contrary contained in the ordinances or land development
82regulations of such local government. Any local government
83having jurisdiction that refuses to issue required permits for
84reconstruction of a sign under this section shall pay just
85compensation to the owner of such sign visibility screen, or
86other highway improvement.
87     Section 3.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.