Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 566
                        Barcode 042972
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: RCS             .                    
       03/15/2006 03:41 PM         .                    
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11  The Committee on Judiciary (Baker) recommended the following
12  amendment:
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14         Senate Amendment (with title amendment) 
15         On page 4, line 20, through page 5, line 19, delete
16  those lines
17  
18  and insert:  (2)  If construction of a proposed
19  noise-attenuation barrier will screen a sign lawfully
20  permitted under this chapter, the department must give notice
21  to the governmental entity within which the sign is located
22  before erecting the noise-attenuation barrier. If the
23  governmental entity finds that an increase in the height of a
24  sign as permitted under this section will violate an ordinance
25  or land development regulation of the governmental entity, the
26  governmental entity must so notify the department. If the
27  department receives notice of a possible violation of an
28  ordinance or land development regulation from the governmental
29  entity before the noise-attenuation barrier is erected, the
30  department shall:
31         (a)  Conduct a written survey of all property owners
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    11:54 AM   03/14/06                          s0566c1c-ju20-t9u

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 566 Barcode 042972 1 identified as impacted by the highway noise and who may 2 benefit from the proposed noise-attenuation barrier. The 3 survey must specifically advise the impacted property owners 4 that; 5 1. Erecting the noise-attenuation barrier may block 6 the visibility of an existing outdoor advertising sign; 7 2. By increasing the height of the existing outdoor 8 advertising sign in order to make it visible over the barrier, 9 the increased height will violate an ordinance or land 10 development regulation of the governmental entity; and 11 3. If a majority of the impacted property owners vote 12 for construction of the noise-attenuation barrier, the 13 governmental entity must allow an increase in the height of 14 the sign in violation of an ordinance or land development 15 regulation, allow the sign to be relocated or reconstructed at 16 another location if the sign owner agrees, or pay the fair 17 market value of the sign and its associated interest in the 18 real property. 19 20 The written survey must inform the property owners of the 21 location, date, and time of the public hearing set forth in 22 paragraph (b). 23 (b) Hold a public hearing within the boundaries of the 24 affected governmental entity to receive comments on the 25 proposed noise-attenuation barrier, the conflict with the 26 local ordinance or land development regulation, and any 27 suggested alternatives or modifications to the proposed 28 noise-attenuation barrier that would alleviate or minimize the 29 conflict with the local ordinance or land development 30 regulation or minimize any costs which may be associated with 31 relocating, reconstructing, or paying for the affected sign. 2 11:54 AM 03/14/06 s0566c1c-ju20-t9u
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 566 Barcode 042972 1 The public hearing may be held concurrent with other public 2 hearings scheduled for the project. The department shall 3 provide written notification to the governmental entity of the 4 date and time of the public hearing and shall provide general 5 notice of the public hearing in accordance with the notice 6 provisions of s. 335.02(1). Notice may not be placed in that 7 portion of the newspaper where legal notices and classified 8 advertisements appear. The notice shall specifically state 9 that: 10 1. Erecting the proposed noise-attenuation barrier may 11 block the visibility of an existing outdoor advertising sign; 12 2. By increasing the height of the existing outdoor 13 advertising sign in order to make it visible over the barrier, 14 the increased height will violate an ordinance or land 15 development regulation of the governmental entity; and 16 3. If a majority of the impacted property owners vote 17 for construction of the noise-attenuation barrier, the 18 governmental entity must allow an increase in the height of 19 the sign in violation of a local ordinance or land development 20 regulation, allow the sign to be relocated or reconstructed at 21 another location if the sign owner agrees, or pay the fair 22 market value of the sign and its associated interest in the 23 real property. 24 (3) The department may not erect a noise-attenuation 25 barrier to the extent the barrier screens or blocks visibility 26 of the sign until after the public hearing is held and until 27 such time as the survey has been conducted and a majority of 28 the impacted property owners have indicated approval to erect 29 the noise-attenuation barrier. If the impacted property owners 30 approve constructing a noise-attenuation barrier the 31 department shall notify the governmental entity. 3 11:54 AM 03/14/06 s0566c1c-ju20-t9u
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 566 Barcode 042972 1 Notwithstanding any conflicting ordinance or land development 2 regulation, the governmental entity shall issue a permit by 3 variance or otherwise for the reconstruction of a sign under 4 this section, allow the relocation of a sign, or construction 5 of another sign, at an alternative location which is 6 permittable under the provisions of this chapter if the sign 7 owner agrees to relocate the sign or construct another sign, 8 or refuse to issue the required permits for reconstruction of 9 a sign under this section and pay fair market value of the 10 sign and its associated interest in the real property to the 11 owner of the sign. 12 (4) This section does not apply to any existing 13 written agreement executed before July 1, 2006 between any 14 governmental entity and the owner of an outdoor advertising 15 sign visibility screen, or other highway improvement. 16 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 On page 1, line 28, through page 2, line 4, delete 21 those lines 22 23 and insert: 24 Florida Building Code; requiring the Department 25 of Transportation notify a governmental entity 26 before erecting a noise-attenuation barrier if 27 its construction will screen a lawfully 28 permitted sign; requiring a governmental entity 29 to notify the department if increasing the 30 height of a sign will violate an ordinance or 31 land development regulation of the governmental 4 11:54 AM 03/14/06 s0566c1c-ju20-t9u
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 566 Barcode 042972 1 entity; requiring the department to conduct a 2 survey and to conduct a public hearing; 3 providing procedures and notice; prohibiting 4 department to erect a noise-attenuation barrier 5 to the extent that the barrier screens or 6 blocks visibility of the sign until after the 7 public hearing and survey are completed; 8 requiring the governmental entity to issue a 9 variance for the reconstruction of a sign, 10 allow the relocation of a sign to an 11 alternative location, or refuse to issue the 12 required permits for reconstruction and pay 13 fair market value of the sign and its 14 associated interest in the real property to the 15 owner of the sign; providing for applicability; 16 providing an effective date. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 11:54 AM 03/14/06 s0566c1c-ju20-t9u