Senate Bill sb2750

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    Florida Senate - 2007                                  SB 2750

    By Senator Haridopolos





    26-1544-07

  1                      A bill to be entitled

  2         An act relating to outdoor signs; creating s.

  3         479.095, F.S.; providing definitions;

  4         permitting nonconforming signs to be maintained

  5         under specific conditions; specifying

  6         conditions, upkeep, repairs, and modifications

  7         that are allowed and enumerating those that are

  8         not allowed; providing an effective date.

  9  

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

11  

12         Section 1.  Section 479.095, Florida Statutes, is

13  created to read:

14         479.095  Nonconforming signs.--

15         (1)  As used in this section, the term:

16         (a)  "Configuration" means the physical arrangement of

17  a sign whether single-faced, V-type, back-to-back,

18  side-to-side, or stacked.

19         (b)  "Structural materials" means the materials used to

20  create the load-bearing parts in the sign structure, including

21  vertical supports, horizontal stringers, and braces.

22  Structural materials do not include the sign face, skirt,

23  electrical service, or electric lighting.

24         (2)  A nonconforming sign may be maintained unless it

25  is improperly repaired, modified, destroyed, abandoned, or

26  discontinued. A modification or repair of a nonconforming sign

27  in violation of this chapter or the rules adopted under this

28  chapter, which is not corrected within the 30-day period

29  provided in s. 479.08, terminates the nonconforming status of

30  the sign and makes it illegal. If a permittee does not timely

31  request a hearing or, after a final determination under s.

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    Florida Senate - 2007                                  SB 2750
    26-1544-07




 1  479.08 that the nonconforming status of a sign has terminated,

 2  the sign may not be restored and must be removed.

 3         (3)  Reasonable repair and upkeep of a nonconforming

 4  sign which is necessary to keep the sign structure in a state

 5  of good repair, including the replacement in kind of the

 6  vertical supports and structural materials in the sign

 7  structure or a change of the advertising message, is permitted

 8  and does not terminate a sign's nonconforming status. However,

 9  any replacement may not exceed 50 percent of a sign's vertical

10  supports within a 24-month period or 50 percent of the

11  cumulative value of the structural materials in the sign

12  structure within a 24-month period. Documentation of replaced

13  vertical supports or structural materials shall be provided to

14  the department upon request.

15         (4)  The following modifications to nonconforming signs

16  are permitted:

17         (a)  Change of advertising message;

18         (b)  Replacement or repair of the sign facing if the

19  dimensions of the sign facing and the height above ground

20  level remain the same. However, the size of the sign facing

21  may be reduced if such reduction is required by a local

22  government having jurisdiction over the sign;

23         (c)  Modifications to the vertical supports for the

24  purpose of meeting wind-load requirements of the Florida

25  Building Code if required by a local government. Documentation

26  of such modifications, under seal by a registered engineer,

27  shall be provided to the department upon request;

28         (d)  Addition of catwalks or other safety devices that

29  do not increase the structural integrity or life span of the

30  sign;

31  

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    Florida Senate - 2007                                  SB 2750
    26-1544-07




 1         (e)  Addition of embellishments that do not exceed 10

 2  percent of the area of the existing sign facing; or

 3         (f)  Incidental modifications that do not affect the

 4  visibility of the sign's message or the duration of such

 5  visibility.

 6         (5)  Modifications to nonconforming signs, other than

 7  incidental modifications, are prohibited if the modifications:

 8         (a)  Change the configuration of the sign;

 9         (b)  Change the type of materials in the structure of

10  the sign;

11         (c)  Change the height, size, or height above ground

12  level of the sign facing;

13         (d)  Add variable-message capability, unless otherwise

14  allowed by state or federal law;

15         (e)  Add lighting to an unlighted sign or change the

16  existing lighting to enhance the visibility of the sign facing

17  or extend the period the sign is visible, whether or not such

18  lighting is attached to the sign structure.

19         (6)(a)  A nonconforming sign is considered destroyed

20  and may not be maintained if the vertical supports are damaged

21  such that in order for the structure to be maintained in the

22  same configuration as it existed before the damage, more than

23  50 percent of the wooden vertical supports must be replaced or

24  have bracing added, or at least 25 percent of the length above

25  ground of any damaged metal vertical supports must be

26  replaced.

27         (b)  If it is determined that damage was caused by

28  vandalism or other tortuous acts, the sign may be restored to

29  the same size and configuration using the same type of

30  materials that were in the sign immediately before the damage.

31  

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    Florida Senate - 2007                                  SB 2750
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 1         (c)  If a nonconforming sign is damaged by a natural

 2  event that results in the declaration of a major or

 3  catastrophic disaster by the Governor or the President of the

 4  United States, and such damage does not exceed 75 percent of

 5  the vertical supports of a wooden structure or 50 percent of

 6  the vertical supports of a metal structure, the sign may be

 7  restored to the same size and configuration using the same

 8  type of materials that were in the sign immediately before the

 9  damage.

10         (7)(a)  A nonconforming sign is considered abandoned

11  and may not be maintained if for 12 consecutive months or

12  longer it does not display advertising copy on the sign

13  facing. An abandoned sign includes one that:

14         1.  Displays only an "available for lease" or similar

15  message;

16         2.  Displays advertising for a product, service, or

17  facility that is no longer available; or

18         3.  Is blank or does not identify a particular product,

19  service, or facility.

20         (b)  A sign is not considered abandoned if a third

21  party interferes with the permittee's upkeep or repair

22  activities.

23         (c)  Notwithstanding paragraph (a), a sign that

24  displays a public service or noncommercial message that

25  promotes programs, activities, or services of any government

26  agency or nonprofit organization is not considered abandoned.

27         (7)(a)  A nonconforming sign is considered discontinued

28  and may not be maintained if more than 50 percent of the

29  vertical supports are detached from the structure and the

30  ground or another supporting surface and have not been

31  replaced.

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    Florida Senate - 2007                                  SB 2750
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 1         (b)  However, a sign is not discontinued if the

 2  vertical supports have been removed and are being replaced in

 3  connection with upkeep or repair of the sign.

 4         Section 2.  This act shall take effect July 1, 2007.

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Provides for nonconforming signs to be maintained under
      certain conditions. Establishes requirements for such
 9    signs to be removed, including destruction, abandonment,
      or discontinuance. (See bill for details.)
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