HB 1371

1	A bill to be entitled
2	An act relating to billboard regulation; amending s.
3	479.01, F.S.; revising and clarifying definitions relating
4	to the regulation of billboards; amending s. 479.16, F.S.;
5	exempting signs placed under the local tourist-oriented
6	commerce signs pilot program from certain permit
7	requirements; creating s. 479.263, F.S.; creating the
8	local tourist-oriented commerce signs pilot program under
9	certain conditions; providing criteria; providing for
10	expiration of the program; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Subsections (4) and (26) of section 479.01,
15	Florida Statutes, are amended to read:
16	479.01  Definitions.-As used in this chapter, the term:
17	(4)  "Commercial or industrial zone" means a parcel of land
18	designated predominantly for commercial or industrial uses under
19	both the future land use map of the comprehensive plan and the
20	land use development regulations adopted pursuant to chapter
21	163. If a parcel is located in an area designated for multiple
22	uses on the future land use map of a comprehensive plan and the
23	zoning category of the land development regulations does not
24	clearly designate that parcel for a specific use, the area will
25	be considered an unzoned commercial or industrial area if it
26	meets the criteria of subsection (26).
27	(26)  "Unzoned commercial or industrial area" means an area
28	a parcel of land designated by the future land use map of the
29	comprehensive plan for multiple uses that include commercial or
30	industrial uses but are not specifically designated for
31	commercial or industrial uses under the land development
32	regulations, in which three or more separate and distinct
33	conforming industrial or commercial activities are located.
34	(a)  These activities must satisfy only the following
35	criteria:
36	1.  At least one of the commercial or industrial activities
37	must be located on the same side of the highway and within 800
38	feet of the sign location;
39	2.  The commercial or industrial activities must be within
40	660 feet from the nearest edge of the right-of-way; and
41	3.  The commercial industrial activities must be within
42	1,600 feet of each other.
43
44	Distances specified in this paragraph must be measured from the
45	nearest outer edge of the primary building or primary building
46	complex when the individual units of the complex are connected
47	by covered walkways.
48	(b)  Certain activities, including, but not limited to, the
49	following, may not be so recognized as commercial or industrial
50	activities:
51	1.  Signs.
52	2.  Agricultural, forestry, ranching, grazing, farming, and
53	related activities, including, but not limited to, wayside fresh
54	produce stands.
55	3.  Transient or temporary activities.
56	4.  Activities not visible from the main-traveled way.
57	5.  Activities conducted more than 660 feet from the
58	nearest edge of the right-of-way.
59	6.  Activities conducted in a building principally used as
60	a residence.
61	7.  Railroad tracks and minor sidings.
62	8.  Communication towers.
63	Section 2.  Subsection (16) is added to section 479.16,
64	Florida Statutes, to read:
65	479.16  Signs for which permits are not required.-The
66	following signs are exempt from the requirement that a permit
67	for a sign be obtained under the provisions of this chapter but
68	are required to comply with the provisions of s. 479.11(4)-(8):
69	(16)  Signs erected under the local tourist-oriented
70	commerce signs pilot program pursuant to s. 479.263.
71	Section 3.  Section 479.263, Florida Statutes, is created
72	to read:
73	479.263  Tourist-oriented commerce signs pilot program.-The
74	local tourist-oriented commerce signs pilot program is created
75	in rural areas of critical economic concern as defined by s.
76	288.0656(2)(d) and (e). A permit under this chapter is not
77	required for signs erected under this program.
78	(1)  A local tourist-oriented business that is a small
79	business as defined in s. 288.703 may erect signs that meet the
80	following criteria:
81	(a)  Signs not more than 8 square feet in size or more than
82	4 feet in height.
83	(b)  Signs located only in rural areas along highways that
84	are not limited access highways.
85	(c)  Signs located within 2 miles of the business location
86	and not less than 500 feet apart.
87	(d)  The advertising copy on the signs consists only of the
88	name of the business or the principle or accessory merchandise
89	or services sold or furnished on the premises of the business.
90	(2)  A business placing such signs under this section:
91	(a)  Must be a minimum of 4 miles from any other business
92	placing signs under this program.
93	(b)  May not participate in the logo sign program
94	authorized pursuant to s. 479.261 or the tourist-oriented
95	directional sign program authorized pursuant to s. 479.262.
96	(3)  A business that is conducted in a building principally
97	used as a residence is not eligible to participate in this
98	program.
99	(4)  Before placing signs under this program, a business
100	must notify the department in writing of its intent to do so.
101	(5)  The department shall maintain records of the
102	businesses participating in the program.
103	(6)  The program shall not take effect if the Federal
104	Highway Administration advises the department in writing that
105	implementation constitutes a loss of effective control of
106	outdoor advertising.
107	(7)  The local tourist-oriented commerce signs pilot
108	program created in this section expires June 30, 2016.
109	Section 4.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.