Florida Senate - 2011 SENATOR AMENDMENT Bill No. CS/CS/CS/HB 1363, 1st Eng. Barcode 508934 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Bennett moved the following: 1 Senate Amendment to Amendment (302038) (with title 2 amendment) 3 4 Between lines 3612 and 3613 5 insert: 6 Section 115. Present subsections (3), (4), (5), and (6) of 7 section 163.3194, Florida Statutes, are renumbered as 8 subsections (4), (5), (6), and (7), respectively, and a new 9 subsection (3) is added to that section, to read: 10 163.3194 Legal status of comprehensive plan.— 11 (3) A governing body may not issue a development order or 12 permit to erect, operate, use, or maintain a sign requiring a 13 permit by s. 479.07 unless the sign is located on a parcel 14 designated for commercial or industrial use, or located in an 15 unzoned commercial or industrial area, or located on an unzoned 16 commercial or industrial parcel. 17 (a) As used in this subsection, the term: 18 1. “Designated for commercial or industrial use” means a 19 parcel of land designated predominately for commercial or 20 industrial uses under both the future land use map approved by 21 the state land planning agency and the land development 22 regulations adopted pursuant to this chapter. 23 2. “In an unzoned commercial or industrial area or on an 24 unzoned commercial or industrial parcel” means an area or parcel 25 that is not specifically designated for commercial or industrial 26 uses under the land development regulations and is located in an 27 area designated by the future land use map of a plan approved by 28 the state land planning agency for multiple uses that include 29 commercial or industrial uses within which three or more 30 separate and distinct conforming industrial or commercial 31 activities are located within the area as provided in s. 32 479.01(26)(a). 33 (b) If a parcel is located in an area designated for 34 multiple uses on the future land use map of the comprehensive 35 plan and the zoning category of the land development regulations 36 does not clearly designate that parcel for a specific use, the 37 parcel will be considered an unzoned commercial or industrial 38 parcel if it meets the criteria of s. 479.01(26). 39 Notwithstanding the provisions of s. 479.02(7), only the 40 activities listed under s. 479.01(26)(b) may not be recognized 41 as commercial or industrial activities for purposes of this 42 subsection. 43 (c) A development order or permit to erect, operate, use, 44 or maintain a sign issued pursuant to a plan approved by the 45 state land planning agency on a parcel designated for commercial 46 or industrial use, or located in an area or on a parcel which 47 qualifies as an unzoned commercial or industrial area is under 48 the effective control of the state and in compliance with s. 49 479.07 and s. 479.111(2) and the Department of Transportation 50 shall rely upon such determination by the local permitting 51 agency for the purposes of such sections and any determinations 52 required by s. 479.02(3) and (7). 53 (d) Permitting action by a governing body for the erection, 54 operation, use or maintenance of a sign requiring a permit by s. 55 479.07, which is inconsistent with the provisions of this 56 subsection and implemented primarily to permit such a sign, is 57 not authorized by this subsection. 58 (e) The provisions under this subsection may not be 59 implemented if the US Secretary of Transportation provides 60 written notification to the department that implementation will 61 adversely affect the allocation of federal funds to the 62 department. 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 3970 67 and insert: 68 Transportation to erect suitable markers; amending s. 69 163.3194, F.S.; regulating development orders for 70 signs authorized by s. 479.07, F.S.; providing an