HB 0273

CS

CHAMBER ACTION

1	The Local Government Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to outdoor advertising; amending s.
7	479.106, F.S.; revising provisions relating to the
8	proximity of vegetation and beautification projects to
9	outdoor advertising signs; prohibiting planting that will
10	block the signs; specifying distances that constitute a
11	view zone on interstate highways, expressways, federal-aid
12	primary highways, and the State Highway System for outdoor
13	advertising signs; authorizing the Department of
14	Transportation and owners of outdoor advertising signs to
15	enter into agreements identifying view zone locations;
16	requiring governmental entities and other parties to pay a
17	penalty amount equal to the lesser of the lost revenue or
18	sign market value for violation of view zone requirements;
19	providing conditions for the payment; providing exemptions
20	from such payment requirement; amending s. 479.25, F.S.;
21	revising provisions for height increase of certain outdoor
22	advertising signs; authorizing the height to be increased
23	if visibility is blocked due to installation of certain
24	noise-attenuation barriers; requiring sign reconstruction
25	to meet the requirements of the Florida Building Code;
26	providing for resolution when a sign height increase
27	conflicts with local ordinances or land development
28	regulations; providing options for resolution by the local
29	government or jurisdiction; providing for application;
30	providing an effective date.
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32	Be It Enacted by the Legislature of the State of Florida:
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34	Section 1.  Subsection (6) of section 479.106, Florida
35	Statutes, is amended to read:
36	479.106  Vegetation management.--
37	(6)  Beautification projects, trees, or other vegetation
38	shall not be planted or located in the view zone of an area
39	which will screen from view legally erected and permitted
40	outdoor advertising signs which have been permitted prior to the
41	date of the beautification project or other planting, where such
42	planting will, at the time of planting or after future growth,
43	screen such sign from view.
44	(a)  View zones are established along the public rights-of-
45	way of interstate highways, expressways, federal-aid primary
46	highways, and the State Highway System in the state, excluding
47	privately owned property as follows:
48	1.  A view zone of 350 feet for posted speed limits of 35
49	miles per hour or less.
50	2.  A view zone of 500 feet for posted speed limits of over
51	35 miles per hour.
52	(b)  The established view zone shall be within the first
53	1,000 feet measured along the edge of the pavement in the
54	direction of approaching traffic from a point on the edge of the
55	pavement perpendicular to the edge of the sign facing nearest
56	the highway and shall be continuous unless interrupted by
57	existing, naturally occurring vegetation. The department and the
58	sign owner may enter into an agreement identifying the specific
59	location of the view zone for each sign facing. In the absence
60	of such agreement, the established view zone shall be measured
61	from the sign along the edge of the pavement in the direction of
62	approaching traffic as provided in this subsection.
63	(c)  Any governmental entity or other party violating this
64	subsection shall pay to the sign owner a penalty equal to the
65	lesser of the revenue from the sign lost during the time of the
66	screening or the fair market value of the sign; however, the
67	governmental entity or other party allegedly violating this
68	subsection shall be given 90 days' written notice by the sign
69	owner of such alleged violation and no penalty shall be assessed
70	if the alleged violation is cured by the governmental entity or
71	other party within the 90-day period. Any modification or
72	removal of material within a beautification project or other
73	planting by the governmental entity or other party to cure an
74	alleged violation shall not require the issuance of a permit
75	from the Department of Transportation provided not less than 48
76	hours' notice is provided to the department of the modification
77	or removal of the material. A natural person, private
78	corporation, or private partnership licensed under part II of
79	chapter 481 providing design services for beautification or
80	other projects shall not be subject to penalty under this
81	section when the initial project design meets the requirements
82	of this section.
83	Section 2.  Section 479.25, Florida Statutes, is amended to
84	read:
85	479.25  Application of chapter.--The owner of a lawfully
86	erected sign that is governed by and conforms to state and
87	federal requirements for land use, size, height, and spacing may
88	increase the height above ground level of such sign This chapter
89	does not prevent a governmental entity from entering into an
90	agreement allowing the height above ground level of a lawfully
91	erected sign to be increased at its permitted location if a
92	noise-attenuation barrier, visibility screen, or other highway
93	improvement is permitted by or erected by any governmental
94	entity in such a way as to screen or block visibility of the
95	sign. However, if a nonconforming sign is located on the
96	federal-aid primary highway system, as such system existed on
97	June 1, 1991, or on any highway that was not a part of such
98	system as of that date but that is or becomes after June 1,
99	1991, a part of the National Highway System, the agreement must
100	be approved by the Federal Highway Administration. Any increase
101	in height permitted under this section may only be the increase
102	in height which is required to achieve the same degree of
103	visibility from the right-of-way which the sign had prior to the
104	construction of the noise-attenuation barrier, notwithstanding
105	the restrictions contained in s. 479.07(9)(b). A sign
106	reconstructed under this section shall comply with the building
107	standards and wind load requirements set forth in the Florida
108	Building Code. If an increase in the height of a sign as
109	permitted under this section will violate a provision contained
110	in an ordinance or land development regulation of a local
111	government or local jurisdiction, the provisions of such
112	ordinance or regulation notwithstanding, the local government or
113	local jurisdiction shall have the authority to choose by
114	resolution one of the following options:
115	(1)  Issuance of a permit by variance or otherwise for the
116	reconstruction of a sign under this section;
117	(2)  Allow the relocation of a sign, or construction of
118	another sign, at an alternative location if the sign owner
119	agrees to relocate the sign or construct another sign;
120	(3)  Refuse to issue the required permits for
121	reconstruction of a sign under this section and pay fair market
122	value of the sign and its associated interest in the real
123	property to the owner of the sign; or
124	(4)  Notify the department that application of this section
125	will violate a provision contained in an ordinance or land
126	development regulation of the local government or local
127	jurisdiction and that the local government or local jurisdiction
128	prohibits the installation of the noise-attenuation barrier to
129	the extent the barrier screens or blocks visibility of the sign,
130	whereby the department shall not permit or erect the noise-
131	attenuation barrier to the extent the barrier screens or blocks
132	visibility of the sign visibility screen, or other highway
133	improvement.
134	Section 3.  This act shall not apply to any existing
135	settlement agreement executed before the effective date of this
136	act between any local government and the owner of an outdoor
137	advertising sign.
138	Section 4.  This act shall take effect upon becoming a law.

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