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