Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 1180
Barcode 146084
LEGISLATIVE ACTION
Senate . House
Comm: WD .
03/30/2011 .
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The Committee on Transportation (Evers) recommended the
following:
1 Senate Amendment to Amendment (661918) (with title
2 amendment)
3
4 Between lines 805 and 806
5 insert:
6 Section 50. Section 479.106, Florida Statutes, is amended
7 to read:
8 479.106 Vegetation management.—
9 (1) The removal, cutting, or trimming of trees or
10 vegetation on public right-of-way to make visible or to ensure
11 future visibility of the facing of a proposed sign or previously
12 permitted sign shall be performed only with the written
13 permission of the department in accordance with the provisions
14 of this section.
15 (2) Any person desiring to engage in the removal, cutting,
16 or trimming of trees or vegetation for the purposes herein
17 described shall apply for an appropriate permit by make written
18 application to the department. The application for a permit
19 shall include at the election of the applicant, one of the
20 following:
21 (a) A vegetation management plan consisting of a property
22 sketch indicating the on-site location of the vegetation or
23 individual trees to be removed, cut, or trimmed and describing
24 the existing conditions and proposed work to be accomplished.
25 (b) Mitigation contribution to the Federal Grants Trust
26 Fund pursuant to s. 589.277(2) using values of a wholesale plant
27 nursery registered with the Division of Plant Industry of the
28 Department of Agriculture and Consumer Services.
29 (c) A combination of both a vegetation management plan and
30 mitigation contribution the applicant’s plan for the removal,
31 cutting, or trimming and for the management of any vegetation
32 planted as part of a mitigation plan.
33 (3) In evaluating a vegetation management plan or
34 mitigation contribution, the department As a condition of any
35 removal of trees or vegetation, and where the department deems
36 appropriate as a condition of any cutting or trimming, the
37 department may require a vegetation management plan, approved by
38 the department, which considers conservation and mitigation, or
39 contribution to a plan of mitigation, for the replacement of
40 such vegetation. Each plan or contribution shall reasonably
41 evaluate the application as it relates relate to the vegetation
42 being affected by the application, taking into consideration the
43 condition of such vegetation, and, where appropriate, may
44 approve shall include plantings that which will allow reasonable
45 visibility of sign facings while screening sign structural
46 supports. Only herbicides approved by the Department of
47 Agriculture and Consumer Services may be used in the removal of
48 vegetation. The department shall act on the application for
49 approval of vegetation management plans, or approval of
50 mitigation contribution, within 30 days after receipt of such
51 application. A permit issued in response to such application is
52 valid for 5 years, may be renewed for an additional 5 years by
53 payment of the applicable application fee, and is binding upon
54 the department. The department may establish special mitigation
55 programs for the beautification and aesthetic improvement of
56 designated areas and permit individual applicants to contribute
57 to such programs as a part or in lieu of other mitigation
58 requirements.
59 (4) The department may establish an application fee not to
60 exceed $25 for each individual application to defer the costs of
61 processing such application and a fee not to exceed $200 to
62 defer the costs of processing an application for multiple sites.
63 (5) The department may only grant a permit pursuant to s.
64 479.07 for a new sign which requires the removal, cutting, or
65 trimming of existing trees or vegetation on public right-of-way
66 for the sign face to be visible from the highway when the sign
67 owner has removed one at least two nonconforming sign signs of
68 approximate comparable size and surrendered the permits for the
69 nonconforming signs to the department for cancellation. For
70 signs originally permitted after July 1, 1996, no permit for the
71 removal, cutting, or trimming of trees or vegetation shall be
72 granted where such trees or vegetation are part of a
73 beautification project implemented prior to the date of the
74 original sign permit application, when the beautification
75 project is specifically identified in the department’s
76 construction plans, permitted landscape projects, or agreements.
77 (6) As a minimum, view zones are established along the
78 public rights-of-way of interstate highways, expressways,
79 federal-aid primary highways, and the State Highway System in
80 the state, excluding privately or other publicly owned property,
81 as follows:
82 1. A view zone of 350 feet for posted speed limits of 35
83 miles per hour or less.
84 2. A view zone of 500 feet for posted speed limits of more
85 than 35 miles per hour.
86
87 The established view zone shall be within the first 1,000
88 feet measured along the edge of the pavement in the direction of
89 approaching traffic from a point on the edge of the pavement
90 perpendicular to the edge of the sign facing nearest the highway
91 and shall be continuous unless interrupted by vegetation having
92 established historical significance, protected by state law, or
93 having a circumference measured at 4 and 1/2 feet above grade,
94 equal to or greater than 70 percent of the circumference of the
95 Florida Champion of the same species as listed in the Florida
96 Register of Big Trees of the Florida Native Plant Society. The
97 sign owner may designate the specific location of the view zone
98 for each sign facing. In the absence of such designation, the
99 established view zone shall be measured from the sign along the
100 edge of the pavement in the direction of approaching traffic as
101 provided in this subsection.
102 (7)(6) Beautification projects, trees, or other vegetation
103 shall not be planted or located in the view zone of legally
104 erected and permitted outdoor advertising signs which have been
105 permitted prior to the date of the beautification project or
106 other planting, where such planting will, at the time of
107 planting or after future growth, screen such sign from view. The
108 department shall provide written notice to the owner not less
109 than 90 days before commencing a beautification project or other
110 vegetation planting that may affect a sign, allowing such owner
111 not less than 60 days to designate the specific location of the
112 view zone of such affected sign. A sign owner is not required to
113 prepare a vegetation management plan or secure a vegetation
114 management permit for the implementation of beautification
115 projects.
116 (a) View zones are established along the public rights-of
117 way of interstate highways, expressways, federal-aid primary
118 highways, and the State Highway System in the state, excluding
119 privately or other publicly owned property, as follows:
120 1. A view zone of 350 feet for posted speed limits of 35
121 miles per hour or less.
122 2. A view zone of 500 feet for posted speed limits of over
123 35 miles per hour.
124 (b) The established view zone shall be within the first
125 1,000 feet measured along the edge of the pavement in the
126 direction of approaching traffic from a point on the edge of the
127 pavement perpendicular to the edge of the sign facing nearest
128 the highway and shall be continuous unless interrupted by
129 existing, naturally occurring vegetation. The department and the
130 sign owner may enter into an agreement identifying the specific
131 location of the view zone for each sign facing. In the absence
132 of such agreement, the established view zone shall be measured
133 from the sign along the edge of the pavement in the direction of
134 approaching traffic as provided in this subsection.
135 (a)(c) If a sign owner alleges any governmental entity or
136 other party has violated this subsection, the sign owner must
137 provide 90 days’ written notice to the governmental entity or
138 other party allegedly violating this subsection. If the alleged
139 violation is not cured by the governmental entity or other party
140 within the 90-day period, the sign owner may file a claim in the
141 circuit court where the sign is located. A copy of such
142 complaint shall be served contemporaneously upon the
143 governmental entity or other party. If the circuit court
144 determines a violation of this subsection has occurred, the
145 court shall award a claim for compensation equal to the lesser
146 of the revenue from the sign lost during the time of screening
147 or the fair market value of the sign, and the governmental
148 entity or other party shall pay the award of compensation
149 subject to available appeal. Any modification or removal of
150 material within a beautification project or other planting by
151 the governmental entity or other party to cure an alleged
152 violation shall not require the issuance of a permit from the
153 Department of Transportation provided not less than 48 hours’
154 notice is provided to the department of the modification or
155 removal of the material. A natural person, private corporation,
156 or private partnership licensed under part II of chapter 481
157 providing design services for beautification or other projects
158 shall not be subject to a claim of compensation under this
159 section when the initial project design meets the requirements
160 of this section.
161 (b)(d) This subsection shall not apply to the provisions of
162 any existing written agreement executed before July 1, 2006,
163 between any local government and the owner of an outdoor
164 advertising sign.
165 (8)(7) Any person engaging in removal, cutting, or trimming
166 of trees or vegetation in violation of this section or
167 benefiting from such actions shall be subject to an
168 administrative penalty of up to $1,000 and required to mitigate
169 for the unauthorized removal, cutting, or trimming in such
170 manner and in such amount as may be required under the rules of
171 the department.
172 (9)(8) The intent of this section is to create partnering
173 relationships which will have the effect of improving the
174 appearance of Florida’s highways and creating a net increase in
175 the vegetative habitat along the roads. Department rules shall
176 encourage the use of plants which are low maintenance and native
177 to the general region in which they are planted.
178 Section 51. Subsections (16) and (17) are added to section
179 479.16, Florida Statutes, to read:
180 479.16 Signs for which permits are not required.—The
181 following signs are exempt from the requirement that a permit
182 for a sign be obtained under the provisions of this chapter but
183 are required to comply with the provisions of s. 479.11(4)-(8):
184 (16) Signs erected under the local tourist-oriented
185 commerce program signs pilot program under s. 479.263.
186 (17) Signs not in excess of 32 square feet placed
187 temporarily during harvest season of a farm operation for a
188 period of no more than four months at a road junction with the
189 State Highway System denoting only the distance or direction of
190 the farm operation. The temporary farm operation harvest sign
191 provision under this subsection may not be implemented if the
192 Federal Government notifies the department that implementation
193 will adversely affect the allocation of federal funds to the
194 department.
195 Section 52. Section 479.263, Florida Statutes, is created
196 to read:
197 479.263 . Tourist-oriented commerce signs pilot program.
198 The local tourist-oriented commerce signs pilot program is
199 created in rural areas of critical economic concern as defined
200 by s. 288.0656(2)(d) and (e). Signs erected under this program
201 do not require a permit under this chapter.
202 (1) A local tourist-oriented business that is a small
203 business as defined in s. 288.703 may erect a sign that meets
204 the following criteria:
205 (a) The signs are not more than 8 square feet in size or
206 more than 4 feet in height.
207 (b) The signs are located only in rural areas along
208 highways that are not limited access highways.
209 (c) The signs are located within 2 miles of the business
210 location and not less than 500 feet apart.
211 (d) The advertising copy on the signs consists only of the
212 name of the business or the principle or accessory merchandise
213 or services sold or furnished on the premises of the business.
214 (2) A business placing such signs under this section:
215 (a) Must be a minimum of 4 miles from any other business
216 placing signs under this program.
217 (b) May not participate in the logo sign program authorized
218 under s. 479.261 or the tourist-oriented directional sign
219 program authorized under s. 479.262.
220 (3) Businesses which are conducted in a building
221 principally used as a residence are not eligible to participate.
222
223 Each business utilizing this program shall notify the
224 department in writing of its intent to do so prior to placing
225 signs. The department shall maintain statistics of the
226 businesses participating in the program. This program shall not
227 take effect if the Federal Highway Administration advises the
228 department in writing that implementation constitutes a loss of
229 effective control of outdoor advertising. The local tourist
230 oriented commerce signs pilot program created herein shall
231 expire June 30. 2016.
232
233
234 ================= T I T L E A M E N D M E N T ================
235 And the title is amended as follows:
236 Between lines 917 and 918
237 insert:
238