Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1632
       
       
       
       
       
       
                                Barcode 356724                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/18/2013           .                                
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       The Committee on Transportation (Evers) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 176 - 288
    4  and insert:
    5         (15)(16) “New highway” means the construction of any road,
    6  paved or unpaved, where no road previously existed or the act of
    7  paving any previously unpaved road.
    8         (16)(17) “Nonconforming sign” means a sign which was
    9  lawfully erected but which does not comply with the land use,
   10  setback, size, spacing, and lighting provisions of state or
   11  local law, rule, regulation, or ordinance passed at a later date
   12  or a sign which was lawfully erected but which later fails to
   13  comply with state or local law, rule, regulation, or ordinance
   14  due to changed conditions.
   15         (17)(18) “Premises” means all the land areas under
   16  ownership or lease arrangement to the sign owner which are
   17  contiguous to the business conducted on the land except for
   18  instances where such land is a narrow strip contiguous to the
   19  advertised activity or is connected by such narrow strip, the
   20  only viable use of such land is to erect or maintain an
   21  advertising sign. When the sign owner is a municipality or
   22  county, “premises” shall mean all lands owned or leased by such
   23  municipality or county within its jurisdictional boundaries as
   24  set forth by law.
   25         (18)(19) “Remove” means to disassemble all sign materials
   26  above ground level and, transport them from the site, and
   27  dispose of sign materials by sale or destruction.
   28         (19)(20) “Sign” means any combination of structure and
   29  message in the form of an outdoor sign, display, device, figure,
   30  painting, drawing, message, placard, poster, billboard,
   31  advertising structure, advertisement, logo, symbol, or other
   32  form, whether placed individually or on a V-type, back-to-back,
   33  side-to-side, stacked, or double-faced display or automatic
   34  changeable facing, designed, intended, or used to advertise or
   35  inform, any part of the advertising message or informative
   36  contents of which is visible from any place on the main-traveled
   37  way. The term does not include an official traffic control sign,
   38  official marker, or specific information panel erected, caused
   39  to be erected, or approved by the department.
   40         (20)(21) “Sign direction” means that direction from which
   41  the message or informative contents are most visible to oncoming
   42  traffic on the main-traveled way.
   43         (21)(22) “Sign face” means the part of the sign, including
   44  trim and background, which contains the message or informative
   45  contents, including an automatic changeable face.
   46         (22)(23) “Sign facing” includes all sign faces and
   47  automatic changeable faces displayed at the same location and
   48  facing the same direction.
   49         (23)(24) “Sign structure” means all the interrelated parts
   50  and material, such as beams, poles, and stringers, which are
   51  constructed for the purpose of supporting or displaying a
   52  message or informative contents.
   53         (24)(25) “State Highway System” has the same meaning as in
   54  s. 334.03 means the existing, unbuilt, or unopened system of
   55  highways or portions thereof designated as the State Highway
   56  System by the department.
   57         (26) “Unzoned commercial or industrial area” means a parcel
   58  of land designated by the future land use map of the
   59  comprehensive plan for multiple uses that include commercial or
   60  industrial uses but are not specifically designated for
   61  commercial or industrial uses under the land development
   62  regulations, in which three or more separate and distinct
   63  conforming industrial or commercial activities are located.
   64         (a) These activities must satisfy the following criteria:
   65         1. At least one of the commercial or industrial activities
   66  must be located on the same side of the highway and within 800
   67  feet of the sign location;
   68         2. The commercial or industrial activities must be within
   69  660 feet from the nearest edge of the right-of-way; and
   70         3. The commercial industrial activities must be within
   71  1,600 feet of each other.
   72  
   73  Distances specified in this paragraph must be measured from the
   74  nearest outer edge of the primary building or primary building
   75  complex when the individual units of the complex are connected
   76  by covered walkways.
   77         (b) Certain activities, including, but not limited to, the
   78  following, may not be so recognized as commercial or industrial
   79  activities:
   80         1. Signs.
   81         2. Agricultural, forestry, ranching, grazing, farming, and
   82  related activities, including, but not limited to, wayside fresh
   83  produce stands.
   84         3. Transient or temporary activities.
   85         4. Activities not visible from the main-traveled way.
   86         5. Activities conducted more than 660 feet from the nearest
   87  edge of the right-of-way.
   88         6. Activities conducted in a building principally used as a
   89  residence.
   90         7. Railroad tracks and minor sidings.
   91         8. Communication towers.
   92         (25)(27) “Urban area” has the same meaning as defined in s.
   93  334.03(31).
   94         (26)(28) “Visible commercial or industrial activity” means
   95  a commercial or industrial activity that is capable of being
   96  seen without visual aid by a person of normal visual acuity from
   97  the main-traveled way and that is generally recognizable as
   98  commercial or industrial.
   99         (27)(29) “Visible sign” means that the advertising message
  100  or informative contents of a sign, whether or not legible, is
  101  capable of being seen without visual aid by a person of normal
  102  visual acuity.
  103         (28)(30) “Wall mural” means a sign that is a painting or an
  104  artistic work composed of photographs or arrangements of color
  105  and that displays a commercial or noncommercial message, relies
  106  solely on the side of the building for rigid structural support,
  107  and is painted on the building or depicted on vinyl, fabric, or
  108  other similarly flexible material that is held in place flush or
  109  flat against the surface of the building. The term excludes a
  110  painting or work placed on a structure that is erected for the
  111  sole or primary purpose of signage.
  112         (29)(31) “Zoning category” means the designation under the
  113  land development regulations or other similar ordinance enacted
  114  to regulate the use of land as provided in s. 163.3202(2)(b),
  115  which designation sets forth the allowable uses, restrictions,
  116  and limitations on use applicable to properties within the
  117  category.