Senate Bill sb1850
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1850
By Senator Peaden
2-970-05
1 A bill to be entitled
2 An act relating to outdoor advertising;
3 amending s. 479.106, F.S.; prohibiting the
4 planting of trees or other vegetation that
5 screens a sign from view; requiring enforcement
6 of the prohibition by the Department of
7 Transportation; providing that a violation
8 constitutes a removal of the sign for which
9 just compensation is required; amending s.
10 479.25, F.S.; authorizing the owner of a sign
11 to increase the height of the sign under
12 certain circumstances; deleting a requirement
13 that certain signs be approved by the Federal
14 Highway Administration; requiring that a
15 reconstructed sign be in compliance with the
16 Florida Building Code; requiring the department
17 and local governmental entity to issue permits
18 for such reconstruction, notwithstanding rules
19 or ordinances to the contrary; providing an
20 effective date.
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22 Be It Enacted by the Legislature of the State of Florida:
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24 Section 1. Subsection (6) of section 479.106, Florida
25 Statutes, is amended to read:
26 479.106 Vegetation management.--
27 (6) Beautification projects, trees, or other
28 vegetation that shall not be located in an area which will
29 screen from view legally erected and permitted outdoor
30 advertising signs may not be planted within the viewing area
31 of such signs which have been permitted prior to the date of
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1850
2-970-05
1 the beautification project. As used in this subsection, the
2 term "viewing area" means 1,000 feet from a permitted outdoor
3 advertising sign to approaching traffic. The department shall
4 enforce this subsection. A violation of this subsection
5 constitutes prima facie removal under s. 479.15(2).
6 Section 2. Section 479.25, Florida Statutes, is
7 amended to read:
8 479.25 Application of chapter.--This chapter does not
9 prevent the owner of a lawful conforming sign or a lawful
10 nonconforming sign from increasing a governmental entity from
11 entering into an agreement allowing the height above ground
12 level of such a lawfully erected sign to be increased at its
13 permitted location if a noise-attenuation barrier, visibility
14 screen, or other highway improvement is erected in such a way
15 as to screen or block visibility of the sign. However, if a
16 nonconforming sign is located on the federal-aid primary
17 highway system, as such system existed on June 1, 1991, or on
18 any highway that was not a part of such system as of that date
19 but that is or becomes after June 1, 1991, a part of the
20 National Highway System, the agreement must be approved by the
21 Federal Highway Administration. Any increase in height
22 permitted under this section may only be the increase in
23 height which is required to achieve the same degree of
24 visibility from the right-of-way which the sign had prior to
25 the construction of the noise-attenuation barrier, visibility
26 screen, or other highway improvement. A sign reconstructed
27 under this section must be in compliance with the building
28 standards set forth in the Florida Building Code. The
29 department and the local governmental entity shall issue any
30 permits that may be required for the reconstruction of a sign
31 pursuant to this section, notwithstanding any provisions to
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1850
2-970-05
1 the contrary contained in rules of the department or local
2 ordinances.
3 Section 3. This act shall take effect July 1, 2005.
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6 SENATE SUMMARY
7 Prohibits the planting of trees or other vegetation that
screens a sign from view. Provides that a violation of
8 such prohibition constitutes a removal of the sign for
which just compensation is required. Deletes a
9 requirement that certain signs be approved by the Federal
Highway Administration. Requires that a reconstructed
10 sign be in compliance with the Florida Building Code.
Requires that the Department of Transportation and local
11 governmental entities issue permits for such
reconstruction, notwithstanding rules or ordinances to
12 the contrary. (See bill for details.)
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CODING: Words stricken are deletions; words underlined are additions.