1 | The State Infrastructure Council recommends the following: |
2 |
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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 | providing for a claim of violation of view zone clearance |
17 | requirements; providing procedures; providing for award of |
18 | compensation; exempting certain curative measures from |
19 | department permit requirements; requiring notice to the |
20 | department; limiting liability of certain service |
21 | providers under certain circumstances; providing for |
22 | application to certain existing agreements; amending s. |
23 | 479.25, F.S.; revising provisions for height increase of |
24 | certain outdoor advertising signs; authorizing the height |
25 | to be increased if visibility is blocked due to |
26 | installation of certain noise-attenuation barriers; |
27 | requiring sign reconstruction to meet certain requirements |
28 | of the Florida Building Code; requiring notice by the |
29 | department to the local government or jurisdiction; |
30 | providing for resolution when a sign height increase would |
31 | conflict with local ordinances or land development |
32 | regulations; providing for a survey of impacted property |
33 | owners; providing for a public hearing; providing for |
34 | application to certain existing agreements; providing an |
35 | effective date. |
36 |
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37 | Be It Enacted by the Legislature of the State of Florida: |
38 |
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39 | Section 1. Subsection (6) of section 479.106, Florida |
40 | Statutes, is amended to read: |
41 | 479.106 Vegetation management.-- |
42 | (6) Beautification projects, trees, or other vegetation |
43 | shall not be planted or located in the view zone of an area |
44 | which will screen from view legally erected and permitted |
45 | outdoor advertising signs which have been permitted prior to the |
46 | date of the beautification project or other planting, where such |
47 | planting will, at the time of planting or after future growth, |
48 | screen such sign from view. |
49 | (a) View zones are established along the public rights-of- |
50 | way of interstate highways, expressways, federal-aid primary |
51 | highways, and the State Highway System in the state, excluding |
52 | privately or other publicly owned property, as follows: |
53 | 1. A view zone of 350 feet for posted speed limits of 35 |
54 | miles per hour or less. |
55 | 2. A view zone of 500 feet for posted speed limits of over |
56 | 35 miles per hour. |
57 | (b) The established view zone shall be within the first |
58 | 1,000 feet measured along the edge of the pavement in the |
59 | direction of approaching traffic from a point on the edge of the |
60 | pavement perpendicular to the edge of the sign facing nearest |
61 | the highway and shall be continuous unless interrupted by |
62 | existing, naturally occurring vegetation. The department and the |
63 | sign owner may enter into an agreement identifying the specific |
64 | location of the view zone for each sign facing. In the absence |
65 | of such agreement, the established view zone shall be measured |
66 | from the sign along the edge of the pavement in the direction of |
67 | approaching traffic as provided in this subsection. |
68 | (c) If a sign owner alleges any governmental entity or |
69 | other party has violated this subsection, the sign owner must |
70 | provide 90 days' written notice to the governmental entity or |
71 | other party allegedly violating this subsection. If the alleged |
72 | violation is not cured by the governmental entity or other party |
73 | within the 90-day period, the sign owner may file a claim in the |
74 | circuit court where the sign is located. A copy of such |
75 | complaint shall be served contemporaneously upon the |
76 | governmental entity or other party. If the circuit court |
77 | determines a violation of this subsection has occurred, the |
78 | court shall award a claim for compensation equal to the lesser |
79 | of the revenue from the sign lost during the time of screening |
80 | or the fair market value of the sign, and the governmental |
81 | entity or other party shall pay the award of compensation |
82 | subject to available appeal. Any modification or removal of |
83 | material within a beautification project or other planting by |
84 | the governmental entity or other party to cure an alleged |
85 | violation shall not require the issuance of a permit from the |
86 | Department of Transportation provided not less than 48 hours' |
87 | notice is provided to the department of the modification or |
88 | removal of the material. A natural person, private corporation, |
89 | or private partnership licensed under part II of chapter 481 |
90 | providing design services for beautification or other projects |
91 | shall not be subject to a claim of compensation under this |
92 | section when the initial project design meets the requirements |
93 | of this section. |
94 | (d) This subsection shall not apply to the provisions of |
95 | any existing written agreement executed before July 1, 2006, |
96 | between any local government and the owner of an outdoor |
97 | advertising sign. |
98 | Section 2. Section 479.25, Florida Statutes, is amended to |
99 | read: |
100 | 479.25 Erection of noise-attenuation barrier blocking view |
101 | of sign; procedures; application of chapter.-- |
102 | (1) The owner of a lawfully erected sign that is governed |
103 | by and conforms to state and federal requirements for land use, |
104 | size, height, and spacing may increase the height above ground |
105 | level of such sign This chapter does not prevent a governmental |
106 | entity from entering into an agreement allowing the height above |
107 | ground level of a lawfully erected sign to be increased at its |
108 | permitted location if a noise-attenuation barrier, visibility |
109 | screen, or other highway improvement is permitted by or erected |
110 | by any governmental entity in such a way as to screen or block |
111 | visibility of the sign. However, if a nonconforming sign is |
112 | located on the federal-aid primary highway system, as such |
113 | system existed on June 1, 1991, or on any highway that was not a |
114 | part of such system as of that date but that is or becomes after |
115 | June 1, 1991, a part of the National Highway System, the |
116 | agreement must be approved by the Federal Highway |
117 | Administration. Any increase in height permitted under this |
118 | section may only be the increase in height which is required to |
119 | achieve the same degree of visibility from the right-of-way |
120 | which the sign had prior to the construction of the noise- |
121 | attenuation barrier, notwithstanding the restrictions contained |
122 | in s. 479.07(9)(b) visibility screen, or other highway |
123 | improvement. A sign reconstructed under this section shall |
124 | comply with the building standards and wind load requirements |
125 | set forth in the Florida Building Code. If construction of a |
126 | proposed noise-attenuation barrier will screen a sign lawfully |
127 | permitted under this chapter, the department shall provide |
128 | notice to the local government or local jurisdiction within |
129 | which the sign is located prior to erection of the noise- |
130 | attenuation barrier. Upon a determination that an increase in |
131 | the height of a sign as permitted under this section will |
132 | violate a provision contained in an ordinance or land |
133 | development regulation of the local government or local |
134 | jurisdiction, the local government or local jurisdiction shall |
135 | so notify the department. When notice has been received from the |
136 | local government or local jurisdiction prior to erection of the |
137 | noise-attenuation barrier, the department shall: |
138 | (a) Conduct a written survey of all property owners |
139 | identified as impacted by highway noise and who may benefit from |
140 | the proposed noise-attenuation barrier. The written survey shall |
141 | inform the property owners of the location, date, and time of |
142 | the public hearing described in paragraph (b) and shall |
143 | specifically advise the impacted property owners that: |
144 | 1. Erection of the noise-attenuation barrier may block the |
145 | visibility of an existing outdoor advertising sign; |
146 | 2. The local government or local jurisdiction may restrict |
147 | or prohibit increasing the height of the existing outdoor |
148 | advertising sign to make it visible over the barrier; and |
149 | 3. If a majority of the impacted property owners vote for |
150 | construction of the noise-attenuation barrier, the local |
151 | government or local jurisdiction will be required to: |
152 | a. Allow an increase in the height of the sign in |
153 | violation of a local ordinance or land development regulation; |
154 | b. Allow the sign to be relocated or reconstructed at |
155 | another location if the sign owner agrees; or |
156 | c. Pay the fair market value of the sign and its |
157 | associated interest in the real property. |
158 | (b) Hold a public hearing within the boundaries of the |
159 | affected local governments or local jurisdictions to receive |
160 | input on the proposed noise-attenuation barrier and its conflict |
161 | with the local ordinance or land development regulation and to |
162 | suggest or consider alternatives or modifications to the |
163 | proposed noise-attenuation barrier to alleviate or minimize the |
164 | conflict with the local ordinance or land development regulation |
165 | or minimize any costs that may be associated with relocating, |
166 | reconstructing, or paying for the affected sign. The public |
167 | hearing may be held concurrently with other public hearings |
168 | scheduled for the project. The department shall provide a |
169 | written notification to the local government or local |
170 | jurisdiction of the date and time of the public hearing and |
171 | shall provide general notice of the public hearing in accordance |
172 | with the notice provisions of s. 335.02(1). The notice shall not |
173 | be placed in that portion of a newspaper in which legal notices |
174 | or classified advertisements appear. The notice shall |
175 | specifically state that: |
176 | 1. Erection of the proposed noise-attenuation barrier may |
177 | block the visibility of an existing outdoor advertising sign; |
178 | 2. The local government or local jurisdiction may restrict |
179 | or prohibit increasing the height of the existing outdoor |
180 | advertising sign to make it visible over the barrier; and |
181 | 3. If a majority of the impacted property owners vote for |
182 | construction of the noise-attenuation barrier, the local |
183 | government or local jurisdiction will be required to: |
184 | a. Allow an increase in the height of the sign in |
185 | violation of a local ordinance or land development regulation; |
186 | b. Allow the sign to be relocated or reconstructed at |
187 | another location if the sign owner agrees; or |
188 | c. Pay the fair market value of the sign and its |
189 | associated interest in the real property. |
190 | (2) The department shall not permit erection of the noise- |
191 | attenuation barrier to the extent the barrier screens or blocks |
192 | visibility of the sign until after the public hearing is held |
193 | and until such time as the survey has been conducted and a |
194 | majority of the impacted property owners have indicated approval |
195 | to erect the noise-attenuation barrier. When the impacted |
196 | property owners approve of the noise-attenuation barrier |
197 | construction, the department shall notify the local governments |
198 | or local jurisdictions. The local government or local |
199 | jurisdiction shall, notwithstanding the provisions of a |
200 | conflicting ordinance or land development regulation: |
201 | (a) Issue a permit by variance or otherwise for the |
202 | reconstruction of a sign under this section; |
203 | (b) Allow the relocation of a sign, or construction of |
204 | another sign, at an alternative location that is permittable |
205 | under the provisions of this chapter, if the sign owner agrees |
206 | to relocate the sign or construct another sign; or |
207 | (c) Refuse to issue the required permits for |
208 | reconstruction of a sign under this section and pay fair market |
209 | value of the sign and its associated interest in the real |
210 | property to the owner of the sign. |
211 | (3) This section shall not apply to the provisions of any |
212 | existing written agreement executed before July 1, 2006, between |
213 | any local government and the owner of an outdoor advertising |
214 | sign. |
215 | Section 3. This act shall not apply to any existing |
216 | settlement agreement executed before the effective date of this |
217 | act between any local government and the owner of an outdoor |
218 | advertising sign. |
219 | Section 4. This act shall take effect upon becoming a law. |