| 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; prohibiting planting that will |
| 6 | block the signs; specifying distances that constitute a |
| 7 | view zone on interstate highways, expressways, federal-aid |
| 8 | primary highways, and the State Highway System for outdoor |
| 9 | advertising signs; authorizing the Department of |
| 10 | Transportation and owners of outdoor advertising signs to |
| 11 | enter into agreements identifying view zone locations; |
| 12 | providing for a claim of violation of view zone clearance |
| 13 | requirements; providing procedures; providing for award of |
| 14 | compensation; exempting certain curative measures from |
| 15 | department permit requirements; requiring notice to the |
| 16 | department; limiting liability of certain service |
| 17 | providers under certain circumstances; providing for |
| 18 | application to certain existing agreements; amending s. |
| 19 | 479.25, F.S.; revising provisions for height increase of |
| 20 | certain outdoor advertising signs; authorizing the height |
| 21 | to be increased if visibility is blocked due to |
| 22 | installation of certain noise-attenuation barriers; |
| 23 | requiring sign reconstruction to meet certain requirements |
| 24 | of the Florida Building Code; requiring notice by the |
| 25 | department to the local government or jurisdiction; |
| 26 | providing for resolution when a sign height increase would |
| 27 | conflict with local ordinances or land development |
| 28 | regulations; providing for a survey of impacted property |
| 29 | owners; providing for a public hearing; providing for |
| 30 | application to certain existing agreements; providing an |
| 31 | effective date. |
| 32 |
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| 33 | Be It Enacted by the Legislature of the State of Florida: |
| 34 |
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| 35 | Section 1. Subsection (6) of section 479.106, Florida |
| 36 | Statutes, is amended to read: |
| 37 | 479.106 Vegetation management.-- |
| 38 | (6) Beautification projects, trees, or other vegetation |
| 39 | shall not be planted or located in the view zone of an area |
| 40 | which will screen from view legally erected and permitted |
| 41 | outdoor advertising signs which have been permitted prior to the |
| 42 | date of the beautification project or other planting, where such |
| 43 | planting will, at the time of planting or after future growth, |
| 44 | screen such sign from view. |
| 45 | (a) View zones are established along the public rights-of- |
| 46 | way of interstate highways, expressways, federal-aid primary |
| 47 | highways, and the State Highway System in the state, excluding |
| 48 | privately or other publicly owned property, as follows: |
| 49 | 1. A view zone of 350 feet for posted speed limits of 35 |
| 50 | miles per hour or less. |
| 51 | 2. A view zone of 500 feet for posted speed limits of over |
| 52 | 35 miles per hour. |
| 53 | (b) The established view zone shall be within the first |
| 54 | 1,000 feet measured along the edge of the pavement in the |
| 55 | direction of approaching traffic from a point on the edge of the |
| 56 | pavement perpendicular to the edge of the sign facing nearest |
| 57 | the highway and shall be continuous unless interrupted by |
| 58 | existing, naturally occurring vegetation. The department and the |
| 59 | sign owner may enter into an agreement identifying the specific |
| 60 | location of the view zone for each sign facing. In the absence |
| 61 | of such agreement, the established view zone shall be measured |
| 62 | from the sign along the edge of the pavement in the direction of |
| 63 | approaching traffic as provided in this subsection. |
| 64 | (c) If a sign owner alleges any governmental entity or |
| 65 | other party has violated this subsection, the sign owner must |
| 66 | provide 90 days' written notice to the governmental entity or |
| 67 | other party allegedly violating this subsection. If the alleged |
| 68 | violation is not cured by the governmental entity or other party |
| 69 | within the 90-day period, the sign owner may file a claim in the |
| 70 | circuit court where the sign is located. A copy of such |
| 71 | complaint shall be served contemporaneously upon the |
| 72 | governmental entity or other party. If the circuit court |
| 73 | determines a violation of this subsection has occurred, the |
| 74 | court shall award a claim for compensation equal to the lesser |
| 75 | of the revenue from the sign lost during the time of screening |
| 76 | or the fair market value of the sign, and the governmental |
| 77 | entity or other party shall pay the award of compensation |
| 78 | subject to available appeal. Any modification or removal of |
| 79 | material within a beautification project or other planting by |
| 80 | the governmental entity or other party to cure an alleged |
| 81 | violation shall not require the issuance of a permit from the |
| 82 | Department of Transportation provided not less than 48 hours' |
| 83 | notice is provided to the department of the modification or |
| 84 | removal of the material. A natural person, private corporation, |
| 85 | or private partnership licensed under part II of chapter 481 |
| 86 | providing design services for beautification or other projects |
| 87 | shall not be subject to a claim of compensation under this |
| 88 | section when the initial project design meets the requirements |
| 89 | of this section. |
| 90 | (d) This subsection shall not apply to the provisions of |
| 91 | any existing written agreement executed before July 1, 2006, |
| 92 | between any local government and the owner of an outdoor |
| 93 | advertising sign. |
| 94 | Section 2. Section 479.25, Florida Statutes, is amended to |
| 95 | read: |
| 96 | 479.25 Erection of noise-attenuation barrier blocking view |
| 97 | of sign; procedures; application of chapter.-- |
| 98 | (1) The owner of a lawfully erected sign that is governed |
| 99 | by and conforms to state and federal requirements for land use, |
| 100 | size, height, and spacing may increase the height above ground |
| 101 | level of such sign This chapter does not prevent a governmental |
| 102 | entity from entering into an agreement allowing the height above |
| 103 | ground level of a lawfully erected sign to be increased at its |
| 104 | permitted location if a noise-attenuation barrier, visibility |
| 105 | screen, or other highway improvement is permitted by or erected |
| 106 | by any governmental entity in such a way as to screen or block |
| 107 | visibility of the sign. However, if a nonconforming sign is |
| 108 | located on the federal-aid primary highway system, as such |
| 109 | system existed on June 1, 1991, or on any highway that was not a |
| 110 | part of such system as of that date but that is or becomes after |
| 111 | June 1, 1991, a part of the National Highway System, the |
| 112 | agreement must be approved by the Federal Highway |
| 113 | Administration. Any increase in height permitted under this |
| 114 | section may only be the increase in height which is required to |
| 115 | achieve the same degree of visibility from the right-of-way |
| 116 | which the sign had prior to the construction of the noise- |
| 117 | attenuation barrier, notwithstanding the restrictions contained |
| 118 | in s. 479.07(9)(b) visibility screen, or other highway |
| 119 | improvement. A sign reconstructed under this section shall |
| 120 | comply with the building standards and wind load requirements |
| 121 | set forth in the Florida Building Code. If construction of a |
| 122 | proposed noise-attenuation barrier will screen a sign lawfully |
| 123 | permitted under this chapter, the department shall provide |
| 124 | notice to the local government or local jurisdiction within |
| 125 | which the sign is located prior to erection of the noise- |
| 126 | attenuation barrier. Upon a determination that an increase in |
| 127 | the height of a sign as permitted under this section will |
| 128 | violate a provision contained in an ordinance or land |
| 129 | development regulation of the local government or local |
| 130 | jurisdiction, the local government or local jurisdiction shall |
| 131 | so notify the department. When notice has been received from the |
| 132 | local government or local jurisdiction prior to erection of the |
| 133 | noise-attenuation barrier, the department shall: |
| 134 | (a) Conduct a written survey of all property owners |
| 135 | identified as impacted by highway noise and who may benefit from |
| 136 | the proposed noise-attenuation barrier. The written survey shall |
| 137 | inform the property owners of the location, date, and time of |
| 138 | the public hearing described in paragraph (b) and shall |
| 139 | specifically advise the impacted property owners that: |
| 140 | 1. Erection of the noise-attenuation barrier may block the |
| 141 | visibility of an existing outdoor advertising sign; |
| 142 | 2. The local government or local jurisdiction may restrict |
| 143 | or prohibit increasing the height of the existing outdoor |
| 144 | advertising sign to make it visible over the barrier; and |
| 145 | 3. If a majority of the impacted property owners vote for |
| 146 | construction of the noise-attenuation barrier, the local |
| 147 | government or local jurisdiction will be required to: |
| 148 | a. Allow an increase in the height of the sign in |
| 149 | violation of a local ordinance or land development regulation; |
| 150 | b. Allow the sign to be relocated or reconstructed at |
| 151 | another location if the sign owner agrees; or |
| 152 | c. Pay the fair market value of the sign and its |
| 153 | associated interest in the real property. |
| 154 | (b) Hold a public hearing within the boundaries of the |
| 155 | affected local governments or local jurisdictions to receive |
| 156 | input on the proposed noise-attenuation barrier and its conflict |
| 157 | with the local ordinance or land development regulation and to |
| 158 | suggest or consider alternatives or modifications to the |
| 159 | proposed noise-attenuation barrier to alleviate or minimize the |
| 160 | conflict with the local ordinance or land development regulation |
| 161 | or minimize any costs that may be associated with relocating, |
| 162 | reconstructing, or paying for the affected sign. The public |
| 163 | hearing may be held concurrently with other public hearings |
| 164 | scheduled for the project. The department shall provide a |
| 165 | written notification to the local government or local |
| 166 | jurisdiction of the date and time of the public hearing and |
| 167 | shall provide general notice of the public hearing in accordance |
| 168 | with the notice provisions of s. 335.02(1). The notice shall not |
| 169 | be placed in that portion of a newspaper in which legal notices |
| 170 | or classified advertisements appear. The notice shall |
| 171 | specifically state that: |
| 172 | 1. Erection of the proposed noise-attenuation barrier may |
| 173 | block the visibility of an existing outdoor advertising sign; |
| 174 | 2. The local government or local jurisdiction may restrict |
| 175 | or prohibit increasing the height of the existing outdoor |
| 176 | advertising sign to make it visible over the barrier; and |
| 177 | 3. If a majority of the impacted property owners vote for |
| 178 | construction of the noise-attenuation barrier, the local |
| 179 | government or local jurisdiction will be required to: |
| 180 | a. Allow an increase in the height of the sign in |
| 181 | violation of a local ordinance or land development regulation; |
| 182 | b. Allow the sign to be relocated or reconstructed at |
| 183 | another location if the sign owner agrees; or |
| 184 | c. Pay the fair market value of the sign and its |
| 185 | associated interest in the real property. |
| 186 | (2) The department shall not permit erection of the noise- |
| 187 | attenuation barrier to the extent the barrier screens or blocks |
| 188 | visibility of the sign until after the public hearing is held |
| 189 | and until such time as the survey has been conducted and a |
| 190 | majority of the impacted property owners have indicated approval |
| 191 | to erect the noise-attenuation barrier. When the impacted |
| 192 | property owners approve of the noise-attenuation barrier |
| 193 | construction, the department shall notify the local governments |
| 194 | or local jurisdictions. The local government or local |
| 195 | jurisdiction shall, notwithstanding the provisions of a |
| 196 | conflicting ordinance or land development regulation: |
| 197 | (a) Issue a permit by variance or otherwise for the |
| 198 | reconstruction of a sign under this section; |
| 199 | (b) Allow the relocation of a sign, or construction of |
| 200 | another sign, at an alternative location that is permittable |
| 201 | under the provisions of this chapter, if the sign owner agrees |
| 202 | to relocate the sign or construct another sign; or |
| 203 | (c) Refuse to issue the required permits for |
| 204 | reconstruction of a sign under this section and pay fair market |
| 205 | value of the sign and its associated interest in the real |
| 206 | property to the owner of the sign. |
| 207 | (3) This section shall not apply to the provisions of any |
| 208 | existing written agreement executed before July 1, 2006, between |
| 209 | any local government and the owner of an outdoor advertising |
| 210 | sign. |
| 211 | Section 3. This act shall not apply to any existing |
| 212 | settlement agreement executed before the effective date of this |
| 213 | act between any local government and the owner of an outdoor |
| 214 | advertising sign. |
| 215 | Section 4. This act shall take effect upon becoming a law. |