Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1570
       
       
       
       
       
       
                                Barcode 133546                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/17/2011           .                                
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       The Committee on Transportation (Evers) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (4) and (26) of section 479.01,
    6  Florida Statutes, are amended to read:
    7         479.01 Definitions.—As used in this chapter, the term:
    8         (4) “Commercial or industrial zone” means a parcel of land
    9  designated predominantly for commercial or industrial uses under
   10  both the future land use map of the comprehensive plan and the
   11  land use development regulations adopted pursuant to chapter
   12  163. If a parcel is located in an area designated for multiple
   13  uses on the future land use map of a comprehensive plan and the
   14  zoning category of the land development regulations does not
   15  clearly designate that parcel for a specific use, the area will
   16  be considered an unzoned commercial or industrial area if it
   17  meets the criteria of subsection (26).
   18         (26) “Unzoned commercial or industrial area” means an area
   19  a parcel of land designated by the future land use map of the
   20  comprehensive plan for multiple uses that include commercial or
   21  industrial uses but are not specifically designated for
   22  commercial or industrial uses under the land development
   23  regulations, in which three or more separate and distinct
   24  conforming industrial or commercial activities are located.
   25         (a) These activities must satisfy the following criteria:
   26         1. At least one of the commercial or industrial activities
   27  must be located on the same side of the highway and within 800
   28  feet of the sign location;
   29         2. The commercial or industrial activities must be within
   30  660 feet from the nearest edge of the right-of-way; and
   31         3. The commercial industrial activities must be within
   32  1,600 feet of each other.
   33  
   34  Distances specified in this paragraph must be measured from the
   35  nearest outer edge of the primary building or primary building
   36  complex when the individual units of the complex are connected
   37  by covered walkways.
   38         (b) Certain activities, including, but not limited to, The
   39  following are, may not be so recognized as commercial or
   40  industrial activities:
   41         1. Signs.
   42         2. Agricultural, forestry, ranching, grazing, farming, and
   43  related activities, including, but not limited to, wayside fresh
   44  produce stands.
   45         3. Transient or temporary activities.
   46         4. Activities not visible from the main-traveled way.
   47         5. Activities conducted more than 660 feet from the nearest
   48  edge of the right-of-way.
   49         6. Activities conducted in a building principally used as a
   50  residence.
   51         7. Railroad tracks and minor sidings.
   52         8. Communication towers.
   53         Section 2. Subsection (7) of section 479.02, Florida
   54  Statutes, is amended to read:
   55         479.02 Duties of the department.—It shall be the duty of
   56  the department to:
   57         (7) Adopt such rules as it deems necessary or proper for
   58  the administration of this chapter, including rules which
   59  identify activities that may not be recognized as industrial or
   60  commercial activities for purposes of determination of an area
   61  as an unzoned commercial or industrial area.
   62         Section 3. Section 479.106, Florida Statutes, is amended to
   63  read:
   64         479.106 Vegetation management.—
   65         (1) The removal, cutting, or trimming of trees or
   66  vegetation on public right-of-way to make visible or to ensure
   67  future visibility of the facing of a proposed sign or previously
   68  permitted sign shall be performed only with the written
   69  permission of the department in accordance with the provisions
   70  of this section.
   71         (2) Any person desiring to engage in the removal, cutting,
   72  or trimming of trees or vegetation for the purposes herein
   73  described shall apply for an appropriate permit by make written
   74  application to the department. The application for a permit may
   75  shall include at the election of the applicant:
   76         (a) A vegetation management plan consisting of a property
   77  sketch indicating the on-site location of the vegetation or
   78  individual trees to be removed, cut, or trimmed and describing
   79  the existing conditions and proposed work to be accomplished.
   80         (b) Mitigation contribution to the Federal Grants Trust
   81  Fund pursuant to s. 589.277(2) using values of a wholesale plant
   82  nursery registered with the Division of Plant Industry of the
   83  Department of Agriculture and Consumer Services.
   84         (c) A combination of both a vegetation management plan and
   85  mitigation contribution the applicant’s plan for the removal,
   86  cutting, or trimming and for the management of any vegetation
   87  planted as part of a mitigation plan.
   88         (3) In evaluating a vegetation management plan or
   89  mitigation contribution, the department As a condition of any
   90  removal of trees or vegetation, and where the department deems
   91  appropriate as a condition of any cutting or trimming, the
   92  department may require a vegetation management plan, approved by
   93  the department, which considers conservation and mitigation, or
   94  contribution to a plan of mitigation, for the replacement of
   95  such vegetation. Each plan or contribution shall reasonably
   96  evaluate the application as it relates relate to the vegetation
   97  being affected by the application, taking into consideration the
   98  condition of such vegetation, and, where appropriate, may
   99  approve shall include plantings that which will allow reasonable
  100  visibility of sign facings while screening sign structural
  101  supports. Only herbicides approved by the Department of
  102  Agriculture and Consumer Services may be used in the removal of
  103  vegetation. The department shall act on the application for
  104  approval of vegetation management plans, or approval of
  105  mitigation contribution, within 30 days after receipt of such
  106  application. A permit issued in response to such application is
  107  valid for 5 years, may be renewed for an additional 5 years by
  108  payment of the applicable application fee, and is binding upon
  109  the department. The department may establish special mitigation
  110  programs for the beautification and aesthetic improvement of
  111  designated areas and permit individual applicants to contribute
  112  to such programs as a part or in lieu of other mitigation
  113  requirements.
  114         (4) The department may establish an application fee not to
  115  exceed $25 for each individual application to defer the costs of
  116  processing such application and a fee not to exceed $200 to
  117  defer the costs of processing an application for multiple sites.
  118         (5) The department may only grant a permit pursuant to s.
  119  479.07 for a new sign which requires the removal, cutting, or
  120  trimming of existing trees or vegetation on public right-of-way
  121  for the sign face to be visible from the highway when the sign
  122  owner has removed one at least two nonconforming sign signs of
  123  approximate comparable size and surrendered the permits for the
  124  nonconforming signs to the department for cancellation. For
  125  signs originally permitted after July 1, 1996, no permit for the
  126  removal, cutting, or trimming of trees or vegetation shall be
  127  granted where such trees or vegetation are part of a
  128  beautification project implemented prior to the date of the
  129  original sign permit application, when the beautification
  130  project is specifically identified in the department’s
  131  construction plans, permitted landscape projects, or agreements.
  132         (6) As a minimum, view zones are established along the
  133  public rights-of-way of interstate highways, expressways,
  134  federal-aid primary highways, and the State Highway System in
  135  the state, excluding privately or other publicly owned property,
  136  as follows:
  137         1. A view zone of 350 feet for posted speed limits of 35
  138  miles per hour or less.
  139         2. A view zone of 500 feet for posted speed limits of more
  140  than 35 miles per hour.
  141  
  142  The established view zone shall be within the first 1,000 feet
  143  measured along the edge of the pavement in the direction of
  144  approaching traffic from a point on the edge of the pavement
  145  perpendicular to the edge of the sign facing nearest the highway
  146  and shall be continuous unless interrupted by vegetation having
  147  established historical significance, protected by state law, or
  148  having a circumference measured at 4 and 1/2 feet above grade,
  149  equal to or greater than 70 percent of the circumference of the
  150  Florida Champion of the same species as listed in the Florida
  151  Register of Big Trees of the Florida Native Plant Society. The
  152  sign owner may designate the specific location of the view zone
  153  for each sign facing. In the absence of such designation, the
  154  established view zone shall be measured from the sign along the
  155  edge of the pavement in the direction of approaching traffic as
  156  provided in this subsection.
  157         (7)(6) Beautification projects, trees, or other vegetation
  158  shall not be planted or located in the view zone of legally
  159  erected and permitted outdoor advertising signs which have been
  160  permitted prior to the date of the beautification project or
  161  other planting, where such planting will, at the time of
  162  planting or after future growth, screen such sign from view. The
  163  department shall provide written notice to the owner not less
  164  than 90 days before a sign which may be effected by a
  165  beautification project or other vegetation planting, allowing
  166  such owner not less than 60 days to designate the specific
  167  location of the view zone of such effected sign. A sign owner is
  168  not required to prepare a vegetation management plan or secure a
  169  vegetation management permit for the implementation of
  170  beautification projects.
  171         (a) View zones are established along the public rights-of
  172  way of interstate highways, expressways, federal-aid primary
  173  highways, and the State Highway System in the state, excluding
  174  privately or other publicly owned property, as follows:
  175         1. A view zone of 350 feet for posted speed limits of 35
  176  miles per hour or less.
  177         2. A view zone of 500 feet for posted speed limits of over
  178  35 miles per hour.
  179         (b) The established view zone shall be within the first
  180  1,000 feet measured along the edge of the pavement in the
  181  direction of approaching traffic from a point on the edge of the
  182  pavement perpendicular to the edge of the sign facing nearest
  183  the highway and shall be continuous unless interrupted by
  184  existing, naturally occurring vegetation. The department and the
  185  sign owner may enter into an agreement identifying the specific
  186  location of the view zone for each sign facing. In the absence
  187  of such agreement, the established view zone shall be measured
  188  from the sign along the edge of the pavement in the direction of
  189  approaching traffic as provided in this subsection.
  190         (a)(c) If a sign owner alleges any governmental entity or
  191  other party has violated this subsection, the sign owner must
  192  provide 90 days’ written notice to the governmental entity or
  193  other party allegedly violating this subsection. If the alleged
  194  violation is not cured by the governmental entity or other party
  195  within the 90-day period, the sign owner may file a claim in the
  196  circuit court where the sign is located. A copy of such
  197  complaint shall be served contemporaneously upon the
  198  governmental entity or other party. If the circuit court
  199  determines a violation of this subsection has occurred, the
  200  court shall award a claim for compensation equal to the lesser
  201  of the revenue from the sign lost during the time of screening
  202  or the fair market value of the sign, and the governmental
  203  entity or other party shall pay the award of compensation
  204  subject to available appeal. Any modification or removal of
  205  material within a beautification project or other planting by
  206  the governmental entity or other party to cure an alleged
  207  violation shall not require the issuance of a permit from the
  208  Department of Transportation provided not less than 48 hours’
  209  notice is provided to the department of the modification or
  210  removal of the material. A natural person, private corporation,
  211  or private partnership licensed under part II of chapter 481
  212  providing design services for beautification or other projects
  213  shall not be subject to a claim of compensation under this
  214  section when the initial project design meets the requirements
  215  of this section.
  216         (b)(d) This subsection shall not apply to the provisions of
  217  any existing written agreement executed before July 1, 2006,
  218  between any local government and the owner of an outdoor
  219  advertising sign.
  220         (8)(7) Any person engaging in removal, cutting, or trimming
  221  of trees or vegetation in violation of this section or
  222  benefiting from such actions shall be subject to an
  223  administrative penalty of up to $1,000 and required to mitigate
  224  for the unauthorized removal, cutting, or trimming in such
  225  manner and in such amount as may be required under the rules of
  226  the department.
  227         (9)(8) The intent of this section is to create partnering
  228  relationships which will have the effect of improving the
  229  appearance of Florida’s highways and creating a net increase in
  230  the vegetative habitat along the roads. Department rules shall
  231  encourage the use of plants which are low maintenance and native
  232  to the general region in which they are planted.
  233         Section 4. Subsection (15) of section 479.16, Florida
  234  Statutes, is amended, and subsection (16) is added to that
  235  section, to read:
  236         479.16 Signs for which permits are not required.—The
  237  following signs are exempt from the requirement that a permit
  238  for a sign be obtained under the provisions of this chapter but
  239  are required to comply with the provisions of s. 479.11(4)-(8):
  240         (15) Signs not in excess of 32 16 square feet placed at a
  241  road junction with the State Highway System denoting only the
  242  distance or direction of a residence or farm operation, or, in a
  243  rural area where a hardship is created because a small business
  244  is not visible from the road junction with the State Highway
  245  System, one sign not in excess of 32 16 square feet, denoting
  246  only the name of the business and the distance and direction to
  247  the business. The small-business-sign provision of this
  248  subsection does not apply to charter counties and may not be
  249  implemented if the Federal Government notifies the department
  250  that implementation will adversely affect the allocation of
  251  federal funds to the department.
  252         (16) Signs erected under the local tourist-oriented
  253  commerce signs pilot program pursuant to s. 479.263.
  254         Section 5. Section 479.263, Florida Statutes, is created to
  255  read:
  256         479.263Tourist-oriented commerce signs pilot program.—The
  257  local tourist-oriented commerce signs pilot program is created
  258  in rural areas of critical economic concern as defined by s.
  259  288.0656 (2)(d) and (e). Signs erected under this program do not
  260  require a permit under this chapter.
  261         (1) A local tourist-oriented business that is a small
  262  business as defined in s. 288.703 may erect a sign that meets
  263  the following criteria:
  264         (a) The signs are not more than 32 square feet in size or
  265  more than 4 feet in height.
  266         (b) The signs are located only in rural areas along
  267  highways that are not limited access highways.
  268         (c) The signs are located within 2 miles of the business
  269  location and not less than 500 feet apart.
  270         (d) The advertising copy on the signs consists only of the
  271  name of the business or the principle or accessory merchandise
  272  or services sold or furnished on the premises of the business.
  273         (2) A business placing such signs under this section:
  274         (a) Must be a minimum of 4 miles from any other business
  275  placing signs under this program.
  276         (b) May not participate in the logo sign program.
  277         Section 6. This act shall take effect July 1, 2011.
  278  
  279  ================= T I T L E  A M E N D M E N T ================
  280         And the title is amended as follows:
  281         Delete everything before the enacting clause
  282  and insert:
  283                        A bill to be entitled                      
  284         An act relating to billboard regulations; amending s.
  285         479.01, F.S.; revising definitions; amending s.
  286         479.02, F.S.; removing certain rulemaking criteria;
  287         amending s. 479.106, F.S.; allowing an applicant for a
  288         permit to remove, cut, or trim trees or vegetation
  289         around a sign; providing for the permit to include a
  290         vegetation management plan, a mitigation contribution
  291         to a trust fund, or a combination of both; providing
  292         certain evaluation criteria; providing criteria for
  293         use of herbicides; providing a time limit within which
  294         the department must act; providing that the permit is
  295         valid for 5 years; providing for an extension of the
  296         permit; providing criteria for view zones; requiring
  297         the department to provide notice to the sign owner of
  298         beautification projects or vegetation planting;
  299         amending s. 479.16, F.S.; exempting signs erected
  300         under the local tourist-oriented commerce sign pilot
  301         program from certain permit requirements; creating s.
  302         479.263, F.S.; creating the tourist-oriented commerce
  303         signs pilot program; exempting from obtaining a permit
  304         signs that meet certain conditions; providing an
  305         effective date.