Florida Senate - 2011 SENATOR AMENDMENT Bill No. CS/HB 7129, 2nd Eng. Barcode 648070 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 05/02/2011 04:05 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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;