Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. CS for SB 422
Barcode 583680
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/20/2009 .
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The Committee on Community Affairs (Altman) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 577 and 578
4 insert:
5 Section 16. Sections 479.01, 479.015, 479.02, 479.03,
6 479.04, 479.05, 479.07, 479.08, 479.10, 479.105, 479.106,
7 479.107, 479.11, 479.111, 479.12, 479.14, 479.15, 479.155,
8 479.156, 479.16, 479.21, 479.24, and 479.25, Florida Statutes,
9 are designated as part I of chapter 479, Florida Statutes.
10 Section 17. Sections 479.261, 479.262, 479.27, 479.28, and
11 479.30, Florida Statutes, are designated as part II of chapter
12 479, Florida Statutes.
13 Section 18. Part III of chapter 479, Florida Statutes,
14 consisting of sections 479.310, 479.311, 479.312, 479.313, and
15 479.314, is created to read:
16 Part III
17 Sign Removal
18 479.310 Legislative intent.—It is the intent of this part
19 to relieve the department from the financial burden incurred in
20 the removal of unpermitted and illegal signs located within the
21 controlled areas adjacent to the State Highway System,
22 interstate, or federal-aid primary system; to place the
23 financial responsibility for the cost of such removal directly
24 upon those benefiting from the location and operation of such
25 unpermitted and illegal signs; and to provide clear authority to
26 the department for the recovery of cost incurred by the
27 department in the removal of such unpermitted and illegal signs.
28 479.311 Jurisdiction; venue.—The county court shall have
29 jurisdiction concurrent with the circuit court to consider
30 claims filed by the department in amounts that are within their
31 jurisdictional limitations. Venue shall be the Leon County for
32 the purpose of a claim filed by the department to recover its
33 costs as provided in this section.
34 479.312 Unpermitted signs; cost of removal.—All costs
35 incurred by the department in connection with the removal of a
36 sign located within a controlled area adjacent to the interstate
37 highway system, the federal-aid primary highway system, or the
38 State Highway System shall be assessed against and collected
39 from the following persons if they have not been issued a permit
40 under part I of this chapter:
41 (1) The owner of the sign;
42 (2) The advertiser displayed on the sign; or
43 (3) The owner of the property upon which the sign is
44 located.
45
46 For the purpose of this subsection, a sign that does not display
47 the name of the owner of the sign shall be presumed to be owned
48 by the owner of the property upon which the sign is located.
49 479.313 Permit revocation; cost of removal.—All costs
50 incurred by the department in connection with the removal of a
51 sign located within a controlled area adjacent to the interstate
52 highway system, the federal-aid primary highway system, or the
53 State Highway System following the revocation of the permit for
54 such sign shall be assessed against and collected from the
55 permittee.
56 479.314 Highway rights-of-way; cost of sign removal.—All
57 costs incurred by the department in connection with the removal
58 of a sign located within a right-of-way of the interstate
59 highway system, the federal-aid primary highway system, or the
60 State Highway System shall be assessed against and collected
61 from the owner of the sign or the advertiser displayed on the
62 sign.
63
64 ================= T I T L E A M E N D M E N T ================
65 And the title is amended as follows:
66 Delete line 77
67 and insert:
68 repeal, rescind, or modify certain laws; designating
69 parts I and II of ch. 479, F.S.; creating part III of
70 ch. 479, F.S.; providing legislative intent; providing
71 that the county court and circuit court have
72 concurrent jurisdiction; requiring that all costs
73 incurred by the department to remove signs in certain
74 locations on the interstate highway system, the
75 federal-aid primary highway system, or the State
76 Highway System to be assessed and collected from
77 certain persons under certain conditions; amending s.