1 | The Transportation Committee recommends the following: |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
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6 | A bill to be entitled |
7 | An act relating to outdoor advertising; amending s. |
8 | 479.106, F.S.; revising provisions relating to the |
9 | proximity of vegetation and beautification projects to |
10 | outdoor advertising signs; specifying distances which |
11 | constitute a view zone for outdoor advertising signs; |
12 | authorizing the Department of Transportation and owners of |
13 | outdoor advertising signs to enter into agreements |
14 | identifying view zone locations; requiring governmental |
15 | entities to pay for lost revenues or sign market values |
16 | for violation of view zone requirements; amending s. |
17 | 479.25, F.S.; allowing permitted, conforming, lawfully |
18 | erected outdoor advertising signs to be increased in |
19 | height if visibility is blocked due to construction of a |
20 | noise attenuation barrier; requiring sign reconstruction |
21 | to meet Florida Building Code requirements; requiring the |
22 | issuance of local permits for the reconstruction of signs |
23 | notwithstanding local ordinances or land development |
24 | regulations to the contrary; requiring local governments |
25 | to pay just compensation for refusal to issue a |
26 | reconstruction permit; providing an effective date. |
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28 | Be It Enacted by the Legislature of the State of Florida: |
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30 | Section 1. Subsection (6) of section 479.106, Florida |
31 | Statutes, is amended to read: |
32 | 479.106 Vegetation management.-- |
33 | (6) Beautification projects, trees, or other vegetation |
34 | shall not be planted or located in the view zone of an area |
35 | which will screen from view legally erected and permitted |
36 | outdoor advertising signs which have been permitted prior to the |
37 | date of the beautification project or other planting, where such |
38 | planting will, at the time of planting or after future growth, |
39 | screen such sign from view. The view zone shall consist of 500 |
40 | linear feet within the first 1,000 feet as measured along the |
41 | edge of the pavement in the direction of approaching traffic |
42 | from a point on the edge of the pavement perpendicular to the |
43 | edge of the sign facing nearest the highway. The view zone shall |
44 | be a continuous 500 linear feet unless interrupted by existing, |
45 | naturally occurring vegetation. The department and the sign |
46 | owner may enter into an agreement identifying the specific |
47 | location of the view zone for each sign facing. In the absence |
48 | of such agreement, the view zone shall be defined as the first |
49 | continuous 500 linear feet from the sign. Any governmental |
50 | entity violating this provision shall pay to the sign owner a |
51 | penalty equal to the lesser of the revenue from the sign lost |
52 | during the time of the screening or the fair market value of the |
53 | sign. |
54 | Section 2. Section 479.25, Florida Statutes, is amended to |
55 | read: |
56 | 479.25 Application of chapter.--The owner of a lawfully |
57 | erected sign that conforms to state and federal requirements for |
58 | land use, size, height, and spacing may increase the height |
59 | above ground level of such sign This chapter does not prevent a |
60 | governmental entity from entering into an agreement allowing the |
61 | height above ground level of a lawfully erected sign to be |
62 | increased at its permitted location if a noise-attenuation |
63 | barrier, visibility screen, or other highway improvement is |
64 | erected in such a way as to screen or block visibility of the |
65 | sign. However, if a nonconforming sign is located on the |
66 | federal-aid primary highway system, as such system existed on |
67 | June 1, 1991, or on any highway that was not a part of such |
68 | system as of that date but that is or becomes after June 1, |
69 | 1991, a part of the National Highway System, the agreement must |
70 | be approved by the Federal Highway Administration. Any increase |
71 | in height permitted under this section may only be the increase |
72 | in height which is required to achieve the same degree of |
73 | visibility from the right-of-way which the sign had prior to the |
74 | construction of the noise-attenuation barrier, notwithstanding |
75 | the restrictions contained in s. 479.07(9)(b). A sign |
76 | reconstructed under this section shall comply with the building |
77 | standards and wind load requirements set forth in the Florida |
78 | Building Code. The local government having jurisdiction shall |
79 | issue such permits as may be required for the reconstruction of |
80 | a sign pursuant to this section, notwithstanding any provisions |
81 | to the contrary contained in the ordinances or land development |
82 | regulations of such local government. Any local government |
83 | having jurisdiction that refuses to issue required permits for |
84 | reconstruction of a sign under this section shall pay just |
85 | compensation to the owner of such sign visibility screen, or |
86 | other highway improvement. |
87 | Section 3. This act shall take effect upon becoming a law. |