Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 1180
Barcode 734306
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/30/2011 .
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The Committee on Transportation (Evers) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 1506 and 1507
4 insert:
5 Section 50. Section 479.106, Florida Statutes, is amended
6 to read:
7 479.106 Vegetation management.—
8 (1) The removal, cutting, or trimming of trees or
9 vegetation on public right-of-way to make visible or to ensure
10 future visibility of the facing of a proposed sign or previously
11 permitted sign shall be performed only with the written
12 permission of the department in accordance with the provisions
13 of this section.
14 (2) Any person desiring to engage in the removal, cutting,
15 or trimming of trees or vegetation for the purposes herein
16 described shall apply for an appropriate permit by make written
17 application to the department. The application for a permit
18 shall include at the election of the applicant, one of the
19 following:
20 (a) A vegetation management plan consisting of a property
21 sketch indicating the on-site location of the vegetation or
22 individual trees to be removed, cut, or trimmed and describing
23 the existing conditions and proposed work to be accomplished.
24 (b) Mitigation contribution to the Federal Grants Trust
25 Fund pursuant to s. 589.277(2) using values of a wholesale plant
26 nursery registered with the Division of Plant Industry of the
27 Department of Agriculture and Consumer Services.
28 (c) A combination of both a vegetation management plan and
29 mitigation contribution the applicant’s plan for the removal,
30 cutting, or trimming and for the management of any vegetation
31 planted as part of a mitigation plan.
32 (3) In evaluating a vegetation management plan or
33 mitigation contribution, the department As a condition of any
34 removal of trees or vegetation, and where the department deems
35 appropriate as a condition of any cutting or trimming, the
36 department may require a vegetation management plan, approved by
37 the department, which considers conservation and mitigation, or
38 contribution to a plan of mitigation, for the replacement of
39 such vegetation. Each plan or contribution shall reasonably
40 evaluate the application as it relates relate to the vegetation
41 being affected by the application, taking into consideration the
42 condition of such vegetation, and, where appropriate, may
43 approve shall include plantings that which will allow reasonable
44 visibility of sign facings while screening sign structural
45 supports. Only herbicides approved by the Department of
46 Agriculture and Consumer Services may be used in the removal of
47 vegetation. The department shall act on the application for
48 approval of vegetation management plans, or approval of
49 mitigation contribution, within 30 days after receipt of such
50 application. A permit issued in response to such application is
51 valid for 5 years, may be renewed for an additional 5 years by
52 payment of the applicable application fee, and is binding upon
53 the department. The department may establish special mitigation
54 programs for the beautification and aesthetic improvement of
55 designated areas and permit individual applicants to contribute
56 to such programs as a part or in lieu of other mitigation
57 requirements.
58 (4) The department may establish an application fee not to
59 exceed $25 for each individual application to defer the costs of
60 processing such application and a fee not to exceed $200 to
61 defer the costs of processing an application for multiple sites.
62 (5) The department may only grant a permit pursuant to s.
63 479.07 for a new sign which requires the removal, cutting, or
64 trimming of existing trees or vegetation on public right-of-way
65 for the sign face to be visible from the highway when the sign
66 owner has removed one at least two nonconforming sign signs of
67 approximate comparable size and surrendered the permits for the
68 nonconforming signs to the department for cancellation. For
69 signs originally permitted after July 1, 1996, no permit for the
70 removal, cutting, or trimming of trees or vegetation shall be
71 granted where such trees or vegetation are part of a
72 beautification project implemented prior to the date of the
73 original sign permit application, when the beautification
74 project is specifically identified in the department’s
75 construction plans, permitted landscape projects, or agreements.
76 (6) As a minimum, view zones are established along the
77 public rights-of-way of interstate highways, expressways,
78 federal-aid primary highways, and the State Highway System in
79 the state, excluding privately or other publicly owned property,
80 as follows:
81 1. A view zone of 350 feet for posted speed limits of 35
82 miles per hour or less.
83 2. A view zone of 500 feet for posted speed limits of more
84 than 35 miles per hour.
85
86 The established view zone shall be within the first 1,000
87 feet measured along the edge of the pavement in the direction of
88 approaching traffic from a point on the edge of the pavement
89 perpendicular to the edge of the sign facing nearest the highway
90 and shall be continuous unless interrupted by vegetation having
91 established historical significance, protected by state law, or
92 having a circumference measured at 4 and 1/2 feet above grade,
93 equal to or greater than 70 percent of the circumference of the
94 Florida Champion of the same species as listed in the Florida
95 Register of Big Trees of the Florida Native Plant Society. The
96 sign owner may designate the specific location of the view zone
97 for each sign facing. In the absence of such designation, the
98 established view zone shall be measured from the sign along the
99 edge of the pavement in the direction of approaching traffic as
100 provided in this subsection.
101 (7)(6) Beautification projects, trees, or other vegetation
102 shall not be planted or located in the view zone of legally
103 erected and permitted outdoor advertising signs which have been
104 permitted prior to the date of the beautification project or
105 other planting, where such planting will, at the time of
106 planting or after future growth, screen such sign from view. The
107 department shall provide written notice to the owner not less
108 than 90 days before commencing a beautification project or other
109 vegetation planting that may affect a sign, allowing such owner
110 not less than 60 days to designate the specific location of the
111 view zone of such affected sign. A sign owner is not required to
112 prepare a vegetation management plan or secure a vegetation
113 management permit for the implementation of beautification
114 projects.
115 (a) View zones are established along the public rights-of
116 way of interstate highways, expressways, federal-aid primary
117 highways, and the State Highway System in the state, excluding
118 privately or other publicly owned property, as follows:
119 1. A view zone of 350 feet for posted speed limits of 35
120 miles per hour or less.
121 2. A view zone of 500 feet for posted speed limits of over
122 35 miles per hour.
123 (b) The established view zone shall be within the first
124 1,000 feet measured along the edge of the pavement in the
125 direction of approaching traffic from a point on the edge of the
126 pavement perpendicular to the edge of the sign facing nearest
127 the highway and shall be continuous unless interrupted by
128 existing, naturally occurring vegetation. The department and the
129 sign owner may enter into an agreement identifying the specific
130 location of the view zone for each sign facing. In the absence
131 of such agreement, the established view zone shall be measured
132 from the sign along the edge of the pavement in the direction of
133 approaching traffic as provided in this subsection.
134 (a)(c) If a sign owner alleges any governmental entity or
135 other party has violated this subsection, the sign owner must
136 provide 90 days’ written notice to the governmental entity or
137 other party allegedly violating this subsection. If the alleged
138 violation is not cured by the governmental entity or other party
139 within the 90-day period, the sign owner may file a claim in the
140 circuit court where the sign is located. A copy of such
141 complaint shall be served contemporaneously upon the
142 governmental entity or other party. If the circuit court
143 determines a violation of this subsection has occurred, the
144 court shall award a claim for compensation equal to the lesser
145 of the revenue from the sign lost during the time of screening
146 or the fair market value of the sign, and the governmental
147 entity or other party shall pay the award of compensation
148 subject to available appeal. Any modification or removal of
149 material within a beautification project or other planting by
150 the governmental entity or other party to cure an alleged
151 violation shall not require the issuance of a permit from the
152 Department of Transportation provided not less than 48 hours’
153 notice is provided to the department of the modification or
154 removal of the material. A natural person, private corporation,
155 or private partnership licensed under part II of chapter 481
156 providing design services for beautification or other projects
157 shall not be subject to a claim of compensation under this
158 section when the initial project design meets the requirements
159 of this section.
160 (b)(d) This subsection shall not apply to the provisions of
161 any existing written agreement executed before July 1, 2006,
162 between any local government and the owner of an outdoor
163 advertising sign.
164 (8)(7) Any person engaging in removal, cutting, or trimming
165 of trees or vegetation in violation of this section or
166 benefiting from such actions shall be subject to an
167 administrative penalty of up to $1,000 and required to mitigate
168 for the unauthorized removal, cutting, or trimming in such
169 manner and in such amount as may be required under the rules of
170 the department.
171 (9)(8) The intent of this section is to create partnering
172 relationships which will have the effect of improving the
173 appearance of Florida’s highways and creating a net increase in
174 the vegetative habitat along the roads. Department rules shall
175 encourage the use of plants which are low maintenance and native
176 to the general region in which they are planted.
177 Section 51. Subsections (16) and (17) are added to section
178 479.16, Florida Statutes, to read:
179 479.16 Signs for which permits are not required.—The
180 following signs are exempt from the requirement that a permit
181 for a sign be obtained under the provisions of this chapter but
182 are required to comply with the provisions of s. 479.11(4)-(8):
183 (16) Signs erected under the local tourist-oriented
184 commerce program signs pilot program under s. 479.263.
185 (17) Signs not in excess of 32 square feet placed
186 temporarily during harvest season of a farm operation for a
187 period of no more than four months at a road junction with the
188 State Highway System denoting only the distance or direction of
189 the farm operation. The temporary farm operation harvest sign
190 provision under this subsection may not be implemented if the
191 Federal Government notifies the department that implementation
192 will adversely affect the allocation of federal funds to the
193 department.
194 Section 52. Section 479.263, Florida Statutes, is created
195 to read:
196 479.263 . Tourist-oriented commerce signs pilot program.
197 The local tourist-oriented commerce signs pilot program is
198 created in rural areas of critical economic concern as defined
199 by s. 288.0656(2)(d) and (e). Signs erected under this program
200 do not require a permit under this chapter.
201 (1) A local tourist-oriented business that is a small
202 business as defined in s. 288.703 may erect a sign that meets
203 the following criteria:
204 (a) The signs are not more than 8 square feet in size or
205 more than 4 feet in height.
206 (b) The signs are located only in rural areas along
207 highways that are not limited access highways.
208 (c) The signs are located within 2 miles of the business
209 location and not less than 500 feet apart.
210 (d) The advertising copy on the signs consists only of the
211 name of the business or the principal or accessory merchandise
212 or services sold or furnished on the premises of the business.
213 (2) A business placing such signs under this section:
214 (a) Must be a minimum of 4 miles from any other business
215 placing signs under this program.
216 (b) May not participate in the logo sign program authorized
217 under s. 479.261 or the tourist-oriented directional sign
218 program authorized under s. 479.262.
219 (3) Businesses which are conducted in a building
220 principally used as a residence are not eligible to participate.
221
222 Each business utilizing this program shall notify the department
223 in writing of its intent to do so prior to placing signs. The
224 department shall maintain statistics of the businesses
225 participating in the program. This program shall not take effect
226 if the Federal Highway Administration advises the department in
227 writing that implementation constitutes a loss of effective
228 control of outdoor advertising. The local tourist-oriented
229 commerce signs pilot program created herein shall expire June
230 30, 2016.
231
232
233 ================= T I T L E A M E N D M E N T ================
234 And the title is amended as follows:
235 Delete line 76
236 and insert:
237 changes to the bill; amending s. 479.106, F.S.; revising
238 requirements for an application for a permit to remove, cut, or
239 trim trees or vegetation around a sign; requiring that the
240 application include a vegetation management plan, a mitigation
241 contribution to a trust fund, or a combination of both;
242 providing certain evaluation criteria; providing criteria for
243 the use of herbicides; providing a time limit within which the
244 Department of Transportation must act; providing that the permit
245 is valid for 5 years; providing for an extension of the permit;
246 reducing th number of nonconforming signs that must be removed
247 before a permit may be issued for certain signs; providing
248 criteria for view zones; requiring the department to provide
249 notice to the sign owner of beautification projects or
250 vegetation planting; amending s. 479.16, F.S.; exempting signs
251 erected under the local tourist-oriented commerce signs pilot
252 program from certain permit requirements; exempting certain
253 temporary signs for farm operations from permit requirements;
254 creating s. 479.263, F.S.; creating the tourist-oriented
255 commerce signs pilot program; exempting commercial signs that
256 meet certain criteria from permit requirements; providing an
257 effective date.
258