Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1850
Barcode 912802
CHAMBER ACTION
Senate House
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11 The Committee on Transportation (Clary) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Subsection (6) of section 479.106, Florida
19 Statutes, is amended to read:
20 479.106 Vegetation management.--
21 (6) Beautification projects, trees, or other
22 vegetation may shall not be planted or located in the view
23 zone of an area which will screen from view legally erected
24 and permitted outdoor advertising signs which have been
25 permitted before prior to the date of the beautification
26 project or other planting when the planting will, at the time
27 of planting or after future growth, screen the sign from view.
28 The view zone consists of 500 linear feet within the first
29 1,000 feet as measured along the edge of pavement in the
30 direction of approaching traffic from a point on the edge of
31 the pavement perpendicular to the edge of the sign facing
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1850
Barcode 912802
1 nearest the highway. The view zone is a continuous 500 linear
2 feet unless interrupted by existing naturally occurring
3 vegetation. The department and the sign owner may enter into
4 an agreement identifying the specific location of the view
5 zone for each sign facing. In the absence of an agreement, the
6 view zone is the first continuous 500 linear feet from the
7 sign. Any government entity violating this subsection must pay
8 to the sign owner a penalty equal to the lesser of the revenue
9 from the sign lost during the time of the screening or the
10 fair market value of the sign.
11 Section 2. Section 479.25, Florida Statutes, is
12 amended to read:
13 479.25 Application of chapter.--The owner of a
14 lawfully erected sign that conforms with state and federal
15 requirements for land use, size, height, and spacing
16 requirements may increase the height above the ground level of
17 the sign This chapter does not prevent a governmental entity
18 from entering into an agreement allowing the height above
19 ground level of a lawfully erected sign to be increased at its
20 permitted location if a noise-attenuation barrier, visibility
21 screen, or other highway improvement is erected in such a way
22 as to screen or block visibility of the sign. However, if a
23 nonconforming sign is located on the federal-aid primary
24 highway system, as such system existed on June 1, 1991, or on
25 any highway that was not a part of such system as of that date
26 but that is or becomes after June 1, 1991, a part of the
27 National Highway System, the agreement must be approved by the
28 Federal Highway Administration. Any increase in height
29 permitted under this section may only be the increase in
30 height which is required to achieve the same degree of
31 visibility from the right-of-way which the sign had prior to
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1850
Barcode 912802
1 the construction of the noise-attenuation barrier,
2 notwithstanding the restrictions contained in s. 479.07(9)(b)
3 visibility screen, or other highway improvement. A sign
4 reconstructed under this section must comply with the building
5 standards and wind load requirements set forth in the Florida
6 Building Code. A local government or local jurisdiction must
7 issue the permits required for the reconstruction of a sign
8 under this section, notwithstanding any provision to the
9 contrary contained in the ordinances or land development
10 regulations of the local government or local jurisdiction or,
11 if the local government or local jurisdiction refuses to issue
12 the required permits for reconstruction of a sign under this
13 section, the sign may not be reconstructed and the local
14 government or local jurisdiction must pay just compensation to
15 the owner of the sign.
16 Section 3. This act shall take effect July 1, 2005.
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20 And the title is amended as follows:
21 Delete everything before the enacting clause
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23 and insert:
24 A bill to be entitled
25 An act relating to outdoor advertising;
26 amending s. 479.106, F.S.; prohibiting the
27 planting of trees or other vegetation that
28 screens a sign from view; providing the
29 criteria for a view zone; providing penalties
30 for violation; amending s. 479.25, F.S.;
31 authorizing the owner of a sign to increase the
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1850
Barcode 912802
1 height of the sign under certain circumstances;
2 deleting a requirement that certain signs be
3 approved by the Federal Highway Administration;
4 requiring that a reconstructed sign be in
5 compliance with the Florida Building Code;
6 requiring the department and local governmental
7 entity to issue permits for reconstruction,
8 notwithstanding rules or ordinances to the
9 contrary; providing an effective date.
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