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The Committee on Transportation and Economic Development

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Appropriations (Margolis) recommended the following substitute

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for amendment (570812):

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     Senate Amendment (with title amendment)

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     Between lines 487 and 488,

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insert:

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     Section 13.  Section 479.156, Florida Statutes, is amended

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to read:

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     479.156  Wall murals.--Notwithstanding any other provision

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of this chapter, a municipality or county may permit and regulate

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wall murals within areas designated by such government. If a

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municipality or county permits wall murals, a wall mural that

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displays a commercial message and is within 660 feet of the

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nearest edge of the right-of-way within an area adjacent to the

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interstate highway system or the federal-aid primary highway

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system shall be located in an area that is zoned for industrial

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or commercial use and the municipality or county shall establish

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and enforce regulations for such areas that, at a minimum, set

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forth criteria governing the size, lighting, and spacing of wall

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murals consistent with the intent of the Highway Beautification

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Act of 1965 and with customary use. Whenever a municipality or

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county exercises such control and makes a determination of

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customary use, pursuant to 23 U.S.C. s. 131(d), such

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determination shall be accepted in lieu of controls in the

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agreement between the state and the United States Department of

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Transportation, and the Department of Transportation shall notify

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the Federal Highway Administration pursuant to the agreement, 23

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U.S.C. s. 131(d), and 23 C.F.R. s. 750.706(c). A wall mural that

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is subject to municipal or county regulation and the Highway

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Beautification Act of 1965 must be approved by the Department of

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Transportation and the Federal Highway Administration where

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required by federal law and federal regulation pursuant to and

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may not violate the agreement between the state and the United

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States Department of Transportation and or violate federal

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regulations enforced by the Department of Transportation under s.

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479.02(1). The existence of a wall mural as defined in s.

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479.01(27) shall not be considered in determining whether a sign

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as defined in s. 479.01(17), either existing or new, is in

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compliance with s. 479.07(9)(a).

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 48, after the semicolon,

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insert:

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amending s. 479.156, F.S.; modifying local government

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control of the regulation of wall murals adjacent to

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certain federal highways;

4/22/2008  7:47:00 AM     606-08258-08