Senate Bill sb1850

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    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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    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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    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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 5            *****************************************

 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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