HB 1497

1
A bill to be entitled
2An act relating to outdoor advertising; amending s.
3479.106, F.S.; revising provisions relating to the
4proximity of vegetation and beautification projects to
5outdoor advertising signs; specifying distances which
6constitute a view zone on the State Highway System and
7expressways for outdoor advertising signs; authorizing the
8Department of Transportation and owners of outdoor
9advertising signs to enter into agreements identifying
10view zone locations; requiring governmental entities and
11other violators to pay for lost revenues or sign market
12values for violation of view zone requirements; amending
13s. 479.25, F.S.; allowing permitted, conforming, lawfully
14erected outdoor advertising signs to be increased in
15height if visibility is blocked due to construction of
16specified noise attenuation barriers; requiring sign
17reconstruction to meet Florida Building Code requirements;
18requiring the issuance of local permits for the
19reconstruction of signs notwithstanding local ordinances
20or land development regulations to the contrary; requiring
21local governments or local jurisdictions to pay just
22compensation for refusal to issue a reconstruction permit;
23providing an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Subsection (6) of section 479.106, Florida
28Statutes, is amended to read:
29     479.106  Vegetation management.--
30     (6)  Beautification projects, trees, or other vegetation
31shall not be planted or located in the view zone of an area
32which will screen from view legally erected and permitted
33outdoor advertising signs which have been permitted prior to the
34date of the beautification project or other planting, where such
35planting will, at the time of planting or after future growth,
36screen such sign from view. For the State Highway System and
37expressways, the view zone shall consist of 500 linear feet
38within the first 1,000 feet as measured along the edge of the
39pavement in the direction of approaching traffic from a point on
40the edge of the pavement perpendicular to the edge of the sign
41facing nearest the highway. For the State Highway System and
42expressways, the view zone shall be a continuous 500 linear feet
43unless interrupted by existing, naturally occurring vegetation.
44The department and the sign owner may enter into an agreement
45identifying the specific location of the view zone for each sign
46facing. In the absence of such agreement, the view zone shall be
47defined as the first continuous 500 linear feet from the sign.
48Any governmental entity or other party violating this provision
49shall pay to the sign owner a penalty equal to the lesser of the
50revenue from the sign lost during the time of the screening or
51the fair market value of the sign.
52     Section 2.  Section 479.25, Florida Statutes, is amended to
53read:
54     479.25  Application of chapter.--The owner of a lawfully
55erected sign that is governed by and conforms to state and
56federal requirements for land use, size, height, and spacing may
57increase the height above ground level of such sign This chapter
58does not prevent a governmental entity from entering into an
59agreement allowing the height above ground level of a lawfully
60erected sign to be increased at its permitted location if a
61noise-attenuation barrier, visibility screen, or other highway
62improvement is permitted by or erected by any governmental
63entity in such a way as to screen or block visibility of the
64sign. However, if a nonconforming sign is located on the
65federal-aid primary highway system, as such system existed on
66June 1, 1991, or on any highway that was not a part of such
67system as of that date but that is or becomes after June 1,
681991, a part of the National Highway System, the agreement must
69be approved by the Federal Highway Administration. Any increase
70in height permitted under this section may only be the increase
71in height which is required to achieve the same degree of
72visibility from the right-of-way which the sign had prior to the
73construction of the noise-attenuation barrier, notwithstanding
74the restrictions contained in s. 479.07(9)(b). A sign
75reconstructed under this section shall comply with the building
76standards and wind load requirements set forth in the Florida
77Building Code. A local government or local jurisdiction must
78issue the permits required for the reconstruction of a sign
79under this section, notwithstanding any provision to the
80contrary contained in the ordinances or land development
81regulations of the local government or local jurisdiction or, if
82the local government or local jurisdiction refuses to issue the
83required permits for reconstruction of a sign under this
84section, the sign may not be reconstructed and the local
85government or local jurisdiction must pay just compensation to
86the owner of the sign visibility screen, or other highway
87improvement.
88     Section 3.  This act shall take effect upon becoming a law.


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