Florida Senate - 2013 SENATOR AMENDMENT Bill No. CS/CS/HB 7127, 2nd Eng. Barcode 226156 LEGISLATIVE ACTION Senate . House . . . Floor: 1i/AD/2R . 04/30/2013 03:48 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Brandes moved the following: 1 Senate Amendment to Amendment (740626) (with title 2 amendment) 3 4 Between lines 4302 and 4303 5 insert: 6 Section 83. Section 479.16, Florida Statutes, is amended to 7 read: 8 479.16 Signs for which permits are not required.—The 9 following signs are exempt from the requirement that a permit 10 for a sign be obtained under the provisions of this chapter but 11 are required to comply with the provisions of s. 479.11(4)-(8), 12 and the provisions of subsections (15)–(20) may not be 13 implemented or continued if the Federal Government notifies the 14 department that implementation or continuation will adversely 15 affect the allocation of federal funds to the department: 16 (1) Signs erected on the premises of an establishment, 17 which signs consist primarily of the name of the establishment 18 or which identify the principal or accessory merchandise, 19 services, activities, or entertainment sold, produced, 20 manufactured, or furnished on the premises of the establishment 21 and which comply with the lighting restrictionsunder department22rule adoptedpursuant to s. 479.11(5), or signs owned by a 23 municipality or a county located on the premises of such 24 municipality or such county which display information regarding 25 government services, activities, events, or entertainment. For 26 purposes of this section, the following types of messages shall 27 not be considered information regarding government services, 28 activities, events, or entertainment: 29 (a) Messages which specifically reference any commercial 30 enterprise. 31 (b) Messages which reference a commercial sponsor of any 32 event. 33 (c) Personal messages. 34 (d) Political campaign messages. 35 36 If a sign located on the premises of an establishment consists 37 principally of brand name or trade name advertising and the 38 merchandise or service is only incidental to the principal 39 activity, or if the owner of the establishment receives rental 40 income from the sign, then the sign is not exempt under this 41 subsection. 42 (2) Signs erected, used, or maintained on a farm by the 43 owner or lessee of such farm and relating solely to farm 44 produce, merchandise, service, or entertainment sold, produced, 45 manufactured, or furnished on such farm. 46 (3) Signs posted or displayed on real property by the owner 47 or by the authority of the owner, stating that the real property 48 is for sale or rent. However, if the sign contains any message 49 not pertaining to the sale or rental of that real property, then 50 it is not exempt under this section. 51 (4) Official notices or advertisements posted or displayed 52 on private property by or under the direction of any public or 53 court officer in the performance of her or his official or 54 directed duties, or by trustees under deeds of trust or deeds of 55 assignment or other similar instruments. 56 (5) Danger or precautionary signs relating to the premises 57 on which they are located; forest fire warning signs erected 58 under the authority of the Florida Forest Service of the 59 Department of Agriculture and Consumer Services; and signs, 60 notices, or symbols erected by the United States Government 61 under the direction of the United States Forestry Service. 62 (6) Notices of any railroad, bridge, ferry, or other 63 transportation or transmission company necessary for the 64 direction or safety of the public. 65 (7) Signs, notices, or symbols for the information of 66 aviators as to location, directions, and landings and conditions 67 affecting safety in aviation erected or authorized by the 68 department. 69 (8) Signs or notices erected or maintained upon property 70 stating only the name of the owner, lessee, or occupant of the 71 premises and not exceeding 168square feet in area. 72 (9) Historical markers erected by duly constituted and 73 authorized public authorities. 74 (10) Official traffic control signs and markers erected, 75 caused to be erected, or approved by the department. 76 (11) Signs erected upon property warning the public against 77 hunting and fishing or trespassing thereon. 78 (12) Signs not in excess of 168square feet that are owned 79 by and relate to the facilities and activities of churches, 80 civic organizations, fraternal organizations, charitable 81 organizations, or units or agencies of government. 82 (13)Except thatSigns placed on benches, transit shelters, 83 modular news racks, street light poles, public pay telephones, 84 and waste receptacles, within the right-of-way, as provided for 85 in s. 337.408 are exempt from theallprovisions of this 86 chapter. 87 (14) Signs relating exclusively to political campaigns. 88 (15) Signs not in excess of 16 square feet placed at a road 89 junction with the State Highway System denoting only the 90 distance or direction of a residence or farm operation, or, 91 outside an incorporatedin a ruralarea where a hardship is 92 created because a small business is not visible from the road 93 junction with the State Highway System, one sign not in excess 94 of 16 square feet, denoting only the name of the business and 95 the distance and direction to the business.The small-business96sign provision of this subsection does not apply to charter97counties and may not be implemented if the Federal Government98notifies the department that implementation will adversely99affect the allocation of federal funds to the department.100 (16) Signs placed by a local tourist-oriented business 101 located within a rural area of critical economic concern, as 102 defined by s. 288.0656(2)(d) and (e), and are: 103 (a) Not more than 8 square feet in size or more than 4 feet 104 in height; 105 (b) Located only in rural areas, along non-limited access 106 highways; 107 (c) Located within 2 miles of the business location and are 108 not less than 500 feet apart; 109 (d) Located only in two directions leading to the business; 110 and 111 (e) Not located within the road right-of-way. 112 113 A business placing such signs must be at least 4 miles from any 114 other business using this exemption and may not participate in 115 any other department directional signage program. 116 (17) Signs not in excess of 32 square feet placed 117 temporarily during harvest season of a farm operation for a 118 period of no more than 4 months at a road junction with the 119 State Highway System denoting only the distance or direction of 120 the farm operation. 121 (18) Acknowledgement signs erected upon publicly funded 122 school premises relating to a specific public school club, team, 123 or event placed no closer than 1,000 feet from another 124 acknowledgement sign on the same side of the roadway. The 125 sponsor information on an acknowledgement sign may constitute no 126 more than 100 square feet of the sign. As used in this 127 subsection, the term “acknowledgement signs” means signs that 128 are intended to inform the traveling public that a public school 129 club, team, or event has been sponsored by a person, firm, or 130 other entity. 131 (19) Displays erected upon a sports facility the content of 132 which is directly related to the facility’s activities or where 133 a presence of the products or services offered on the property 134 exists. Displays must be mounted flush to the surface of the 135 sports facility and must rely upon the building facade for 136 structural support. For purposes of this subsection, the term 137 “sports facility” means an athletic complex, athletic arena, or 138 athletic stadium, including physically connected parking 139 facilities, which is open to the public and has a permanent 140 installed seating capacity of 15,000 or more. 141 (20) The Legislature believes it is in the public interest 142 that all welcome centers created pursuant to s. 288.12265 have 143 the option to own, acquire, develop, construct, operate, and 144 manage public information systems. Public information systems 145 may only display messages to the general public concerning 146 public service announcements, including severe weather reports, 147 Amber Alerts, Silver Alerts, and other essential information 148 needed by the public. Local government review or approval is not 149 required for a public information system owned or hereafter 150 acquired, developed, or constructed at the welcome center. A 151 public information system is exempt from the requirements of 152 chapter 479; provided, however, that any public information 153 system that is subject to the Highway Beautification Act of 1965 154 or the Manual of Uniform Transportation Control Devices must be 155 approved by the Department of Transportation and the Federal 156 Highway Administration if required by federal law and federal 157 regulations. 158 159 If the exemptions in subsections (15) through (20) are not 160 implemented or continued due to Federal Government notification 161 to the department that the allocation of federal funds to the 162 department will be adversely impacted, the department shall 163 provide notice to the sign owner that the sign must be removed 164 within 30 days after receiving notice. If the sign is not 165 removed within 30 days, the department may remove the sign, and 166 the costs incurred in connection with the sign removal shall be 167 assessed against and collected from the sign owner. 168 169 ================= T I T L E A M E N D M E N T ================ 170 And the title is amended as follows: 171 Delete line 4815 172 and insert: 173 prohibition; providing an exception; amending s. 174 479.16, F.S.; providing an exception if the Federal 175 Government notifies the department that implementation 176 or continuation will adversely affect allocation of 177 federal funds; expanding the allowable size of certain 178 signs or notices; expanding the placement exemption of 179 certain signs; removing a certain small-business sign 180 exemption; expanding the exemption requiring permits 181 to signs placed by a local tourist-oriented business 182 located in an area of critical economic concern, signs 183 not in excess of a certain size placed temporarily 184 during harvest season of a farm operation for a 185 certain period of time, certain acknowledgement signs 186 erected upon publicly funded school premises relating 187 to a specific public school club, team, or event, and 188 displays erected upon a sports facility; providing 189 criteria for the signs; providing criteria for welcome 190 centers to place certain signs under specified 191 conditions; requiring the