Senate Bill sb0566c2

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    Florida Senate - 2006                     CS for CS for SB 566

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




    590-1901-06

  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; providing for notice and a period

14         for curing violations; providing for a sign

15         owner to file a claim for compensation in

16         circuit court; providing an exemption from

17         certain Department of Transportation permit

18         requirements; providing immunity from legal

19         liability for entities that provide design

20         services; providing for applicability; amending

21         s. 479.25, F.S.; allowing permitted,

22         conforming, lawfully erected outdoor

23         advertising signs to be increased in height if

24         visibility is blocked due to construction of

25         specified noise-attenuation barriers; requiring

26         that sign reconstruction meet the requirements

27         of the Florida Building Code; requiring the

28         Department of Transportation to notify a

29         governmental entity before erecting a

30         noise-attenuation barrier if its construction

31         will screen a lawfully permitted sign;

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    Florida Senate - 2006                     CS for CS for SB 566
    590-1901-06




 1         requiring a governmental entity to notify the

 2         department if increasing the height of a sign

 3         will violate an ordinance or land development

 4         regulation of the governmental entity;

 5         requiring the department to conduct a survey

 6         and to conduct a public hearing; providing

 7         procedures and notice; prohibiting department

 8         to erect a noise-attenuation barrier to the

 9         extent that the barrier screens or blocks

10         visibility of the sign until after the public

11         hearing and survey are completed; requiring the

12         governmental entity to issue a variance for the

13         reconstruction of a sign, allow the relocation

14         of a sign to an alternative location, or refuse

15         to issue the required permits for

16         reconstruction and pay fair market value of the

17         sign and its associated interest in the real

18         property to the owner of the sign; providing

19         for applicability; providing an effective date.

20  

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

22  

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

24  Statutes, is amended to read:

25         479.106  Vegetation management.--

26         (6)  Beautification projects, trees, or other

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

28  an area which will screen from view legally erected and

29  permitted outdoor advertising signs that which have been

30  permitted prior to the date of the beautification project or

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

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    Florida Senate - 2006                     CS for CS for SB 566
    590-1901-06




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

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

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

 4  the State Highway System in the state, excluding privately or

 5  other publicly owned property, as follows: a view zone of 350

 6  linear feet for posted speed limits of 35 m.p.h. or less; and

 7  a view zone of 500 linear feet for posted speed limits of over

 8  35 m.p.h. The established view zone shall be within the first

 9  1,000 feet measured along the edge of the pavement in the

10  direction of approaching traffic from a point on the edge of

11  the pavement perpendicular to the edge of the sign facing

12  nearest the highway and shall be continuous unless interrupted

13  by existing naturally occurring vegetation. The department and

14  the sign owner may enter into an agreement identifying the

15  specific location of the view zone for each sign facing. In

16  the absence of such agreement, the established view zone shall

17  be measured from the sign along the edge of the pavement in

18  the direction of approaching traffic as provided in this

19  section. If a sign owner alleges a governmental entity or

20  other party has violated this subsection, the sign owner must

21  give the governmental entity or other party allegedly

22  violating this subsection written notice of the alleged

23  violation. If the alleged violation is not cured by the

24  governmental entity or other party within 90 days after

25  receiving the written notice, the sign owner may file a claim

26  in the circuit court in the county where the sign is located.

27  A copy of the complaint must be served contemporaneously upon

28  the governmental entity or other party.  If the circuit court

29  finds that the governmental entity or other party has violated

30  this subsection, the court shall award a claim for

31  compensation equal to the lesser of the revenue from the sign

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    Florida Senate - 2006                     CS for CS for SB 566
    590-1901-06




 1  lost during the time of screening or the fair market value of

 2  the sign. The governmental entity or other party shall pay the

 3  award of compensation subject to available appeal. Any

 4  modifications or removal of material within a beautification

 5  project or other planting by the governmental entity or other

 6  party to cure an alleged violation does not require the

 7  issuance of a permit from the Department of Transportation if

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

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

10  person, private corporation, or private partnership licensed

11  under part II of chapter 481 which provides design services

12  for beautification or other projects is not subject to a claim

13  for compensation under this subsection if the initial project

14  design meets the requirements of this subsection. This

15  subsection does not apply to any existing written agreement

16  executed between a local government and the owner of an

17  outdoor advertising sign before July 1, 2006.

18         Section 2.  Section 479.25, Florida Statutes, is

19  amended to read:

20         479.25  Application of chapter.--

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

22  governed by and conforms to state and federal requirements for

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

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

25  a governmental entity from entering into an agreement allowing

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

27  increased at its permitted location if a noise-attenuation

28  barrier, visibility screen, or other highway improvement is

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

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

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

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    Florida Senate - 2006                     CS for CS for SB 566
    590-1901-06




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

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

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

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

 5  Federal Highway Administration. Any increase in height

 6  permitted under this section may only be the increase in

 7  height which is required to achieve the same degree of

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

 9  the construction of the noise-attenuation barrier,

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

11  A sign reconstructed under this section shall comply with the

12  building standards and wind load requirements set forth in the

13  Florida Building Code.

14         (2)  If construction of a proposed noise-attenuation

15  barrier will screen a sign lawfully permitted under this

16  chapter, the department must give notice to the governmental

17  entity within which the sign is located before erecting the

18  noise-attenuation barrier. If the governmental entity finds

19  that an increase in the height of a sign as permitted under

20  this section will violate an ordinance or land development

21  regulation of the governmental entity, the governmental entity

22  must so notify the department. If the department receives

23  notice of a possible violation of an ordinance or land

24  development regulation from the governmental entity before the

25  noise-attenuation barrier is erected, the department shall:

26         (a)  Conduct a written survey of all property owners

27  identified as impacted by the highway noise and who may

28  benefit from the proposed noise-attenuation barrier. The

29  survey must specifically advise the impacted property owners

30  that:

31  

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    Florida Senate - 2006                     CS for CS for SB 566
    590-1901-06




 1         1.  Erecting the noise-attenuation barrier may block

 2  the visibility of an existing outdoor advertising sign;

 3         2.  By increasing the height of the existing outdoor

 4  advertising sign in order to make it visible over the barrier,

 5  the increased height will violate an ordinance or land

 6  development regulation of the governmental entity; and

 7         3.  If a majority of the impacted property owners vote

 8  for construction of the noise-attenuation barrier, the

 9  governmental entity must allow an increase in the height of

10  the sign in violation of an ordinance or land development

11  regulation, allow the sign to be relocated or reconstructed at

12  another location if the sign owner agrees, or pay the fair

13  market value of the sign and its associated interest in the

14  real property.

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16  The written survey must inform the property owners of the

17  location, date, and time of the public hearing set forth in

18  paragraph (b).

19         (b)  Hold a public hearing within the boundaries of the

20  affected governmental entity to receive comments on the

21  proposed noise-attenuation barrier, the conflict with the

22  local ordinance or land development regulation, and any

23  suggested alternatives or modifications to the proposed

24  noise-attenuation barrier that would alleviate or minimize the

25  conflict with the local ordinance or land development

26  regulation or minimize any costs which may be associated with

27  relocating, reconstructing, or paying for the affected sign.

28  The public hearing may be held concurrent with other public

29  hearings scheduled for the project. The department shall

30  provide written notification to the governmental entity of the

31  date and time of the public hearing and shall provide general

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    Florida Senate - 2006                     CS for CS for SB 566
    590-1901-06




 1  notice of the public hearing in accordance with the notice

 2  provisions of s. 335.02(1). Notice may not be placed in that

 3  portion of the newspaper where legal notices and classified

 4  advertisements appear. The notice shall specifically state

 5  that:

 6         1.  Erecting the proposed noise-attenuation barrier may

 7  block the visibility of an existing outdoor advertising sign;

 8         2.  By increasing the height of the existing outdoor

 9  advertising sign in order to make it visible over the barrier,

10  the increased height will violate an ordinance or land

11  development regulation of the governmental entity; and

12         3.  If a majority of the impacted property owners vote

13  for construction of the noise-attenuation barrier, the

14  governmental entity must allow an increase in the height of

15  the sign in violation of a local ordinance or land development

16  regulation, allow the sign to be relocated or reconstructed at

17  another location if the sign owner agrees, or pay the fair

18  market value of the sign and its associated interest in the

19  real property.

20         (3)  The department may not erect a noise-attenuation

21  barrier to the extent the barrier screens or blocks visibility

22  of the sign until after the public hearing is held and until

23  such time as the survey has been conducted and a majority of

24  the impacted property owners have indicated approval to erect

25  the noise-attenuation barrier. If the impacted property owners

26  approve constructing a noise-attenuation barrier the

27  department shall notify the governmental entity.

28  Notwithstanding any conflicting ordinance or land development

29  regulation, the governmental entity shall issue a permit by

30  variance or otherwise for the reconstruction of a sign under

31  this section, allow the relocation of a sign, or construction

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    Florida Senate - 2006                     CS for CS for SB 566
    590-1901-06




 1  of another sign, at an alternative location which is

 2  permittable under the provisions of this chapter if the sign

 3  owner agrees to relocate the sign or construct another sign,

 4  or refuse to issue the required permits for reconstruction of

 5  a sign under this section and pay fair market value of the

 6  sign and its associated interest in the real property to the

 7  owner of the sign.

 8         (4)  This section does not apply to any existing

 9  written agreement executed before July 1, 2006 between any

10  governmental entity and the owner of an outdoor advertising

11  sign visibility screen, or other highway improvement.

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

13  law.

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    Florida Senate - 2006                     CS for CS for SB 566
    590-1901-06




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

 3                                 

 4  The committee substitute makes the following changes to the
    underlying committee substitute:
 5  
    --   Adds publicly owned property to language creating
 6       exclusions from view zones established along public
         rights-of-way;
 7  
    --   Clarifies procedures associated with notice and claims
 8       for compensation for obstruction of view zones;

 9  --   Provides exception to applicability of the revisions
         contained in the bill for existing written settlement
10       agreements;

11  --   Revises language relating to noise-attenuation barriers
         to reflect current practices of the Department of
12       Transportation to protect federal funding of roadway
         projects; and
13  
    --   Makes conforming changes throughout the bill. committee
14       substitute:

15  --   Adds publicly owned property to language creating
         exclusions from view zones established along public
16       rights-of-way;

17  --   Clarifies procedures associated with notice and claims
         for compensation for obstruction of view zones;
18  
    --   Provides exception to applicability of the revisions
19       contained in the bill for existing written settlement
         agreements;
20  
    --   Revises language relating to noise-attenuation barriers
21       to reflect current practices of the Department of
         Transportation to protect federal funding of roadway
22       projects; and

23  --   Makes conforming changes throughout the bill.

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