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         479.310Legislative 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         479.311Jurisdiction; 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         479.312Unpermitted 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         479.313Permit 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         479.314Highway 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.