Senate Bill sb0566c1

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    Florida Senate - 2006                            CS for SB 566

    By the Committee on Community Affairs; and Senators
    Haridopolos, Crist and King




    578-1790-06

  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 interstates, expressways,

  8         federal-aid primary highways, and the State

  9         Highway System for outdoor advertising signs;

10         authorizing the Department of Transportation

11         and owners of outdoor advertising signs to

12         enter into agreements identifying view zone

13         locations; requiring governmental entities and

14         other violators to pay for lost revenues or

15         sign market values for violation of view zone

16         requirements; providing for notice and a period

17         for curing violations; providing an exemption

18         from certain Department of Transportation

19         permit requirements; providing immunity from

20         legal liability for entities that provide

21         design services; amending s. 479.25, F.S.;

22         allowing permitted, conforming, lawfully

23         erected outdoor advertising signs to be

24         increased in height if visibility is blocked

25         due to construction of specified

26         noise-attenuation barriers; requiring that sign

27         reconstruction meet the requirements of the

28         Florida Building Code; providing alternative

29         actions that a local government or local

30         jurisdiction may take if an increase in the

31         height of a sign would violate an ordinance or

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    Florida Senate - 2006                            CS for SB 566
    578-1790-06




 1         land development regulation; providing that the

 2         section does not apply to existing settlement

 3         agreements between a local government and a

 4         sign owner; providing an effective date.

 5  

 6  Be It Enacted by the Legislature of the State of Florida:

 7  

 8         Section 1.  Subsection (6) of section 479.106, Florida

 9  Statutes, is amended to read:

10         479.106  Vegetation management.--

11         (6)  Beautification projects, trees, or other

12  vegetation shall not be planted or located in the view zone of

13  an area which will screen from view legally erected and

14  permitted outdoor advertising signs that which have been

15  permitted prior to the date of the beautification project or

16  other planting, where such planting will, at the time of

17  planting or after future growth, screen such sign from view.

18  View zones are established along the public rights-of-way of

19  interstates, expressways, federal-aid primary highways, and

20  the State Highway System in the state, excluding privately

21  owned property, as follows: a view zone of 350 linear feet for

22  posted speed limits of 35 m.p.h. or less; and a view zone of

23  500 linear feet for posted speed limits of over 35 m.p.h. The

24  established view zone shall be within the first 1,000 feet

25  measured along the edge of the pavement in the direction of

26  approaching traffic from a point on the edge of the pavement

27  perpendicular to the edge of the sign facing nearest the

28  highway and shall be continuous unless interrupted by existing

29  naturally occurring vegetation. The department and the sign

30  owner may enter into an agreement identifying the specific

31  location of the view zone for each sign facing. In the absence

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    Florida Senate - 2006                            CS for SB 566
    578-1790-06




 1  of such agreement, the established view zone shall be measured

 2  from the sign along the edge of the pavement in the direction

 3  of approaching traffic as provided in this section. Any

 4  governmental entity or other party violating this subsection

 5  shall pay to the sign owner a penalty equal to the lesser of

 6  the revenue from the sign lost during the time of the

 7  screening or the fair market value of the sign. However, the

 8  governmental entity or other party allegedly violating this

 9  subsection must be provided 90 days' written notice by the

10  sign owner of such alleged violation, and a penalty may not be

11  assessed if the alleged violation is cured by the governmental

12  entity or other party within the 90-day period. Any

13  modifications or removal of material within a beautification

14  project or other planting by the governmental entity or other

15  party to cure an alleged violation does not require the

16  issuance of a permit from the Department of Transportation if

17  not less than 48 hours' notice of the modification or removal

18  of the material is provided to the department. A natural

19  person, private corporation, or private partnership licensed

20  under part II of chapter 481 which provides design services

21  for beautification or other projects is not subject to a

22  penalty under this subsection if the initial project design

23  meets the requirements of this subsection.

24         Section 2.  Section 479.25, Florida Statutes, is

25  amended to read:

26         479.25  Application of chapter.--

27         (1)  The owner of a lawfully erected sign that is

28  governed by and conforms to state and federal requirements for

29  land use, size, height, and spacing may increase the height

30  above ground level of such sign This chapter does not prevent

31  a governmental entity from entering into an agreement allowing

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    Florida Senate - 2006                            CS for SB 566
    578-1790-06




 1  the height above ground level of a lawfully erected sign to be

 2  increased at its permitted location if a noise-attenuation

 3  barrier, visibility screen, or other highway improvement is

 4  permitted by or erected by any governmental entity in such a

 5  way as to screen or block visibility of the sign. However, if

 6  a nonconforming sign is located on the federal-aid primary

 7  highway system, as such system existed on June 1, 1991, or on

 8  any highway that was not a part of such system as of that date

 9  but that is or becomes after June 1, 1991, a part of the

10  National Highway System, the agreement must be approved by the

11  Federal Highway Administration. Any increase in height

12  permitted under this section may only be the increase in

13  height which is required to achieve the same degree of

14  visibility from the right-of-way which the sign had prior to

15  the construction of the noise-attenuation barrier,

16  notwithstanding the restrictions contained in s. 479.07(9)(b).

17  A sign reconstructed under this section shall comply with the

18  building standards and wind load requirements set forth in the

19  Florida Building Code.

20         (2)  If an increase in the height of a sign as

21  permitted under this section will violate a provision of an

22  ordinance or land development regulation of a local government

23  or local jurisdiction, the provisions of such an ordinance or

24  regulation notwithstanding, the local government or local

25  jurisdiction shall choose by resolution to:

26         (a)  Issue a permit by variance or otherwise for the

27  reconstruction of a sign under this section;

28         (b)  Allow the relocation of a sign, or the

29  construction of another sign, at an alternative location if

30  the sign owner agrees to relocate the sign or construct

31  another sign;

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    Florida Senate - 2006                            CS for SB 566
    578-1790-06




 1         (c)  Refuse to issue the required permits for

 2  reconstruction of a sign under this section and pay to the

 3  owner of the sign the fair market value of the sign and its

 4  associated interest in the real property; or

 5         (d)  Notify the department that application of this

 6  section will violate a provision of an ordinance or land

 7  development regulation of the local government or local

 8  jurisdiction and that the local government or local

 9  jurisdiction prohibits the installation of the

10  noise-attenuation barrier to the extent that the barrier

11  screens or blocks visibility of the sign, whereupon the

12  department may not permit or erect the noise-attenuation

13  barrier to the extent that the barrier screens or blocks

14  visibility of the sign visibility screen, or other highway

15  improvement.

16         (3)  This section does not apply to the provisions of

17  an existing settlement agreement between a local government

18  and the owner of an outdoor advertising sign if the agreement

19  was executed before the effective date of this act.

20         Section 3.  This act shall take effect upon becoming a

21  law.

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    Florida Senate - 2006                            CS for SB 566
    578-1790-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 566

 3                                 

 4  The committee substitute (CS) establishes view zones on the
    public rights-of-way for interstates, expressways,
 5  federal-aide primary highways, and the State Highway System,
    excluding privately owned property. It reduces the view zone
 6  to 350 linear feet where the speed limit is 35 m.p.h. or less
    and keeps the view zone at 500 linear feet where the speed
 7  limit is over 35 m.p.h. This CS provides a 90-day window,
    after receiving written notice from the sign owner, for the
 8  governmental entity or other party to cure the alleged
    violation in order to avoid a penalty. A governmental entity
 9  or other party is exempt from permit requirements of the
    Florida Department of Transportation (FDOT) for modifying or
10  removing material from a beautification project or other
    planting to cure an alleged violation if the department
11  receives not less than 48 hours' notice.

12  Under this CS, if the increase in the height of a sign to
    achieve the same visibility before the construction of a
13  noise-attenuation barrier violates a local ordinance or land
    development regulation, a local government is required to:
14  
         o    Issue a variance or other approval for
15            reconstruction of the sign;

16       o    Allow the relocation of a sign or construction at an
              alternative location with the sign owner's consent;
17  
         o    Deny the permit and pay the sign owner fair market
18            value for the sign and its associated interest in
              real property; or
19  
         o    Notify FDOT of the conflict with local regulations
20            and then FDOT may not permit or erect the barrier so
              that it screens or blocks visibility of the sign.
21  
    In addition, this CS exempts existing settlement agreements
22  between a local government and a sign owner from the
    provisions of this bill addressing a sign that has lower
23  visibility because of a noise attention barrier.

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