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