Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1850
                        Barcode 912802
                            CHAMBER ACTION
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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
16  
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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    5:31 PM   04/14/05                             s1850d-tr04-c7t

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 2 5:31 PM 04/14/05 s1850d-tr04-c7t
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. 17 18 19 ================ T I T L E A M E N D M E N T =============== 20 And the title is amended as follows: 21 Delete everything before the enacting clause 22 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 3 5:31 PM 04/14/05 s1850d-tr04-c7t
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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 5:31 PM 04/14/05 s1850d-tr04-c7t