Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 424
       
       
       
       
       
       
                                Barcode 423838                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/10/2009           .                                
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       The Committee on Transportation (Baker) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 8 - 9
    4  and insert:
    5         Section 1. Section 479.156, Florida Statutes, is amended to
    6  read:
    7         479.156 Wall murals.—Notwithstanding any other provision of
    8  this chapter, a municipality or county may permit and regulate
    9  wall murals within areas designated by such government.
   10         (1) If a municipality or county permits wall murals, a wall
   11  mural that displays a commercial message and is within 660 feet
   12  of the nearest edge of the right-of-way within an area adjacent
   13  to the interstate highway system or the federal-aid primary
   14  highway system must shall be located in an area that is zoned
   15  for industrial or commercial use. and The municipality or county
   16  shall establish and enforce regulations for such areas that, at
   17  a minimum, set forth criteria governing the size, lighting, and
   18  spacing of wall murals consistent with the intent of the Highway
   19  Beautification Act of 1965 and with customary use.
   20         (a) A wall mural that is subject to municipal or county
   21  regulation and the Highway Beautification Act of 1965 must be
   22  approved by the department of Transportation and the Federal
   23  Highway Administration and may not violate the agreement between
   24  the state and the United States Department of Transportation or
   25  violate federal regulations enforced by the department of
   26  Transportation under s. 479.02(1).
   27         (b) If, pursuant to 23 U.S.C. s. 131(d) and 23 U.S.C. s.
   28  750.706(c), a municipality or county makes a determination of
   29  customary use, such determination shall be accepted in lieu of
   30  controls in the agreement between the state and the United
   31  States Department of Transportation, and the department shall
   32  notify the Federal Highway Administration.
   33         (2) The existence of a wall mural may as defined in s.
   34  479.01(27) shall not be considered in determining whether a new
   35  or existing sign as defined in s. 479.01(17), either existing or
   36  new, is in compliance with s. 479.07(9)(a).
   37  
   38  ================= T I T L E  A M E N D M E N T ================
   39         And the title is amended as follows:
   40         Delete lines 2 - 4
   41  and insert:
   42         An act relating to wall murals; amending s. 479.156,
   43         F.S.; clarifying that a municipality or county is
   44         authorized to make a determination of customary use
   45         with respect to regulations governing commercial wall
   46         murals and that such determination must be accepted in
   47         lieu of any agreement between the state and the United
   48         States Department of Transportation; providing an
   49         effective date.