Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS/HB 7129, 2nd Eng.
       
       
       
       
       
       
                                Barcode 648070                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             05/02/2011 04:05 PM       .                                
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       Senator Diaz de la Portilla moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 6534 and 6535
    4  insert:
    5         Section 21. Present subsections (3), (4), (5), and (6) of
    6  section 163.3194, Florida Statutes, are redesignated 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 under s. 479.07 unless the sign is located on a parcel
   13  designated for commercial or industrial use, 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)1. A parcel shall be considered an unzoned commercial or
   33  industrial parcel if:
   34         a. It is located in an area designated for multiple uses on
   35  the future land use map of the comprehensive plan;
   36         b. The zoning category of the land development regulations
   37  does not clearly designate the parcel for a specific use; and
   38         c. It meets the criteria in s. 479.01(26).
   39         2. Notwithstanding the provisions in s. 479.02(7), the
   40  activities listed in s. 479.01(26)(b) may not be recognized as
   41  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 that
   47  qualifies as an unzoned commercial or industrial area is under
   48  the effective control of the state and is in compliance with ss.
   49  479.07 and 479.111(2). The Department of Transportation shall
   50  rely upon such determination by the local permitting agency for
   51  such purposes and any determinations required under s.
   52  479.02(3)and (7).
   53         (d) Any permitting action by a governing body for the
   54  erection, operation, use, or maintenance of a sign requiring a
   55  permit pursuant to s. 479.07, which is inconsistent with this
   56  subsection and implemented primarily to permit such a sign is
   57  not authorized.
   58         (e) This subsection may not be implemented if the United
   59  States Secretary of Transportation provides written notice to
   60  the department that implementation will adversely affect the
   61  allocation of federal funds to the department.
   62  
   63  ================= T I T L E  A M E N D M E N T ================
   64         And the title is amended as follows:
   65         Between lines 96 and 97
   66  insert:
   67         amending s. 163.3194, F.S.; prohibiting a governing
   68         body from issuing a development order or permit to
   69         erect, operate, use, or maintain a sign under certain
   70         circumstances; providing definitions; providing that a
   71         parcel is considered unzoned commercial or industrial
   72         if certain criteria are met; providing that a
   73         development order or permit to erect, operate, use, or
   74         maintain a sign issued pursuant to an approved plan is
   75         under the effective control of the state; prohibiting
   76         a governing body from issuing a permit under certain
   77         circumstances; prohibiting implementation if the
   78         United States Secretary of Transportation provides
   79         written notice to the Department of Transportation
   80         that such implementation will adversely affect the
   81         allocation of federal funds to the department;