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