Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 1363, 1st Eng.
                                Barcode 447664                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             05/02/2011 02:02 PM       .                                

       Senator Bennett moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 2683 and 2684
    4  insert:
    5         Section 77.  Present subsections (3), (4), (5), and (6) of
    6  section 163.3194, Florida Statutes, are renumbered as
    7  subsections (4), (5), (6), and (7), respectively, and a new
    8  subsection (3) is added to that section, to read:
    9         163.3194 Legal status of comprehensive plan.—
   10         (3) A governing body may not issue a development order or
   11  permit to erect, operate, use, or maintain a sign requiring a
   12  permit by s. 479.07 unless the sign is located on a parcel
   13  designated for commercial or industrial use, or located in an
   14  unzoned commercial or industrial area, or located on an unzoned
   15  commercial or industrial parcel.
   16         (a)As used in this subsection, the term:
   17         1.“Designated for commercial or industrial use” means a
   18  parcel of land designated predominately for commercial or
   19  industrial uses under both the future land use map approved by
   20  the state land planning agency and the land development
   21  regulations adopted pursuant to this chapter.
   22         2.“In an unzoned commercial or industrial area or on an
   23  unzoned commercial or industrial parcel” means an area or parcel
   24  that is not specifically designated for commercial or industrial
   25  uses under the land development regulations and is located in an
   26  area designated by the future land use map of a plan approved by
   27  the state land planning agency for multiple uses that include
   28  commercial or industrial uses within which three or more
   29  separate and distinct conforming industrial or commercial
   30  activities are located within the area as provided in s.
   31  479.01(26)(a).
   32         (b)If a parcel is located in an area designated for
   33  multiple uses on the future land use map of the comprehensive
   34  plan and the zoning category of the land development regulations
   35  does not clearly designate that parcel for a specific use, the
   36  parcel will be considered an unzoned commercial or industrial
   37  parcel if it meets the criteria of s. 479.01(26).
   38  Notwithstanding the provisions of s. 479.02(7), only the
   39  activities listed under s. 479.01(26)(b) may not be recognized
   40  as commercial or industrial activities for purposes of this
   41  subsection.
   42         (c)A development order or permit to erect, operate, use,
   43  or maintain a sign issued pursuant to a plan approved by the
   44  state land planning agency on a parcel designated for commercial
   45  or industrial use, or located in an area or on a parcel which
   46  qualifies as an unzoned commercial or industrial area is under
   47  the effective control of the state and in compliance with s.
   48  479.07 and s. 479.111(2) and the Department of Transportation
   49  shall rely upon such determination by the local permitting
   50  agency for the purposes of such sections and any determinations
   51  required by s. 479.02(3) and (7).
   52         (d)Permitting action by a governing body for the erection,
   53  operation, use or maintenance of a sign requiring a permit by s.
   54  479.07, which is inconsistent with the provisions of this
   55  subsection and implemented primarily to permit such a sign, is
   56  not authorized by this subsection.
   57         (e) The provisions under this subsection may not be
   58  implemented if the US Secretary of Transportation provides
   59  written notification to the department
   62  ================= T I T L E  A M E N D M E N T ================
   63         And the title is amended as follows:
   64         Delete line 213
   65  and insert:
   66         child restraint devices in motor vehicles; amending s.
   67         163.3194, F.S.; regulating development orders for
   68         signs authorized by s. 479.07, F.S.; providing