HB 273

1
A bill to be entitled
2An act relating to outdoor advertising; amending s.
3479.106, F.S.; revising provisions relating to the
4proximity of vegetation and beautification projects to
5outdoor advertising signs; specifying distances that
6constitute a view zone on the State Highway System and
7expressways for outdoor advertising signs; authorizing the
8Department of Transportation and owners of outdoor
9advertising signs to enter into agreements identifying
10view zone locations; requiring governmental entities and
11other violators to pay for lost revenues or sign market
12values for violation of view zone requirements; amending
13s. 479.25, F.S.; allowing permitted, conforming, lawfully
14erected outdoor advertising signs to be increased in
15height if visibility is blocked due to construction of
16specified noise-attenuation barriers; requiring sign
17reconstruction to meet the requirements of the Florida
18Building Code; requiring the issuance of local permits for
19the reconstruction of signs, notwithstanding local
20ordinances or land development regulations to the
21contrary; requiring local governments or local
22jurisdictions to pay just compensation for refusal to
23issue a reconstruction permit; providing an effective
24date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Subsection (6) of section 479.106, Florida
29Statutes, is amended to read:
30     479.106  Vegetation management.--
31     (6)  Beautification projects, trees, or other vegetation
32shall not be planted or located in the view zone of an area which
33will screen from view legally erected and permitted outdoor
34advertising signs which have been permitted prior to the date of
35the beautification project or other planting, where such planting
36will, at the time of planting or after future growth, screen such
37sign from view. For the State Highway System and expressways, the
38view zone shall consist of 500 linear feet within the first 1,000
39feet as measured along the edge of the pavement in the direction
40of approaching traffic from a point on the edge of the pavement
41perpendicular to the edge of the sign facing nearest the highway.
42For the State Highway System and expressways, the view zone shall
43be a continuous 500 linear feet unless interrupted by existing,
44naturally occurring vegetation. The department and the sign owner
45may enter into an agreement identifying the specific location of
46the view zone for each sign facing. In the absence of such
47agreement, the view zone shall be defined as the first continuous
48500 linear feet from the sign. Any governmental entity or other
49party violating this subsection shall pay to the sign owner a
50penalty equal to the lesser of the revenue from the sign lost
51during the time of the screening or the fair market value of the
52sign.
53     Section 2.  Section 479.25, Florida Statutes, is amended to
54read:
55     479.25  Application of chapter.--The owner of a lawfully
56erected sign that is governed by and conforms to state and
57federal requirements for land use, size, height, and spacing may
58increase the height above ground level of such sign This chapter
59does not prevent a governmental entity from entering into an
60agreement allowing the height above ground level of a lawfully
61erected sign to be increased at its permitted location if a
62noise-attenuation barrier, visibility screen, or other highway
63improvement is permitted by or erected by any governmental entity
64in such a way as to screen or block visibility of the sign.
65However, if a nonconforming sign is located on the federal-aid
66primary highway system, as such system existed on June 1, 1991,
67or on any highway that was not a part of such system as of that
68date but that is or becomes after June 1, 1991, a part of the
69National Highway System, the agreement must be approved by the
70Federal Highway Administration. Any increase in height permitted
71under this section may only be the increase in height which is
72required to achieve the same degree of visibility from the right-
73of-way which the sign had prior to the construction of the noise-
74attenuation barrier, notwithstanding the restrictions contained
75in s. 479.07(9)(b). A sign reconstructed under this section shall
76comply with the building standards and wind load requirements set
77forth in the Florida Building Code. A local government or local
78jurisdiction must issue the permits required for the
79reconstruction of a sign under this section, notwithstanding any
80provision to the contrary contained in the ordinances or land
81development regulations of the local government or local
82jurisdiction. If the local government or local jurisdiction
83refuses to issue the required permits for reconstruction of a
84sign under this section, the sign may not be reconstructed and
85the local government or local jurisdiction must pay just
86compensation to the owner of the sign visibility screen, or other
87highway improvement.
88     Section 3.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.