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)
    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.
   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