Senate Bill sb0566
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Florida Senate - 2006 SB 566
By Senator Haridopolos
26-240A-06 See HB 273
1 A bill to be entitled
2 An act relating to outdoor advertising;
3 amending s. 479.106, F.S.; revising provisions
4 relating to the proximity of vegetation and
5 beautification projects to outdoor advertising
6 signs; specifying distances that constitute a
7 view zone on the State Highway System and
8 expressways for outdoor advertising signs;
9 authorizing the Department of Transportation
10 and owners of outdoor advertising signs to
11 enter into agreements identifying view zone
12 locations; requiring governmental entities and
13 other violators to pay for lost revenues or
14 sign market values for violation of view zone
15 requirements; amending s. 479.25, F.S.;
16 allowing permitted, conforming, lawfully
17 erected outdoor advertising signs to be
18 increased in height if visibility is blocked
19 due to construction of specified
20 noise-attenuation barriers; requiring sign
21 reconstruction to meet the requirements of the
22 Florida Building Code; requiring the issuance
23 of local permits for the reconstruction of
24 signs, notwithstanding local ordinances or land
25 development regulations to the contrary;
26 requiring local governments or local
27 jurisdictions to pay just compensation for
28 refusal to issue a reconstruction permit;
29 providing an effective date.
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31 Be It Enacted by the Legislature of the State of Florida:
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 566
26-240A-06 See HB 273
1 Section 1. Subsection (6) of section 479.106, Florida
2 Statutes, is amended to read:
3 479.106 Vegetation management.--
4 (6) Beautification projects, trees, or other
5 vegetation shall not be planted or located in the view zone of
6 an area which will screen from view legally erected and
7 permitted outdoor advertising signs which have been permitted
8 prior to the date of the beautification project or other
9 planting, where such planting will, at the time of planting or
10 after future growth, screen such sign from view. For the State
11 Highway System and expressways, the view zone shall consist of
12 500 linear feet within the first 1,000 feet as measured along
13 the edge of the pavement in the direction of approaching
14 traffic from a point on the edge of the pavement perpendicular
15 to the edge of the sign facing nearest the highway. For the
16 State Highway System and expressways, the view zone shall be a
17 continuous 500 linear feet unless interrupted by existing,
18 naturally occurring vegetation. The department and the sign
19 owner may enter into an agreement identifying the specific
20 location of the view zone for each sign facing. In the absence
21 of such agreement, the view zone shall be defined as the first
22 continuous 500 linear feet from the sign. Any governmental
23 entity or other party violating this subsection shall pay to
24 the sign owner a penalty equal to the lesser of the revenue
25 from the sign lost during the time of the screening or the
26 fair market value of the sign.
27 Section 2. Section 479.25, Florida Statutes, is
28 amended to read:
29 479.25 Application of chapter.--The owner of a
30 lawfully erected sign that is governed by and conforms to
31 state and federal requirements for land use, size, height, and
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 566
26-240A-06 See HB 273
1 spacing may increase the height above ground level of such
2 sign This chapter does not prevent a governmental entity from
3 entering into an agreement allowing the height above ground
4 level of a lawfully erected sign to be increased at its
5 permitted location if a noise-attenuation barrier, visibility
6 screen, or other highway improvement is permitted by or
7 erected by any governmental entity in such a way as to screen
8 or block visibility of the sign. However, if a nonconforming
9 sign is located on the federal-aid primary highway system, as
10 such system existed on June 1, 1991, or on any highway that
11 was not a part of such system as of that date but that is or
12 becomes after June 1, 1991, a part of the National Highway
13 System, the agreement must be approved by the Federal Highway
14 Administration. Any increase in height permitted under this
15 section may only be the increase in height which is required
16 to achieve the same degree of visibility from the right-of-way
17 which the sign had prior to the construction of the
18 noise-attenuation barrier, notwithstanding the restrictions
19 contained in s. 479.07(9)(b). A sign reconstructed under this
20 section shall comply with the building standards and wind load
21 requirements set forth in the Florida Building Code. A local
22 government or local jurisdiction must issue the permits
23 required for the reconstruction of a sign under this section,
24 notwithstanding any provision to the contrary contained in the
25 ordinances or land development regulations of the local
26 government or local jurisdiction. If the local government or
27 local jurisdiction refuses to issue the required permits for
28 reconstruction of a sign under this section, the sign may not
29 be reconstructed and the local government or local
30 jurisdiction must pay just compensation to the owner of the
31 sign visibility screen, or other highway improvement.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 566
26-240A-06 See HB 273
1 Section 3. This act shall take effect upon becoming a
2 law.
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