CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS/HB 715, 1st Eng.
Amendment No. ___ Barcode 601886
CHAMBER ACTION
Senate House
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11 Senator Garcia moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 2, line 29, through
15 page 11, line 15, delete those lines
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17 and insert:
18 (2) Except as otherwise provided in this section, no
19 municipality, county, or other governmental entity may remove,
20 or cause to be removed, any lawfully erected sign, excluding a
21 nonconforming sign, located along any portion of the
22 interstate or federal-aid primary or other highway system
23 without first paying just compensation for such removal as
24 determined by agreement between the parties or through eminent
25 domain proceedings. Except as otherwise provided in this
26 section, no municipality, county, or other governmental entity
27 may cause in any way the alteration of any lawfully erected
28 sign, excluding a nonconforming sign, located along any
29 portion of the interstate or federal-aid primary or other
30 highway system without first paying just compensation for such
31 alteration as determined by agreement between the parties or
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SENATE AMENDMENT
Bill No. CS/HB 715, 1st Eng.
Amendment No. ___ Barcode 601886
1 through eminent domain proceedings. The provisions of this
2 section shall not apply to any ordinance the validity,
3 constitutionality, and enforceability of which the owner has
4 by written agreement waived all right to challenge.
5 (3) If a municipality, county, or other governmental
6 entity undertakes a public project or public goal requiring
7 alteration or removal of any lawfully erected sign, excluding
8 a nonconforming sign, the municipality, county, or other
9 governmental entity shall notify the owner of the affected
10 sign in writing of the public project or goal and of the
11 intention of the municipality, county, or other governmental
12 entity to seek such alteration or removal. Within 30 days
13 after receipt of the notice, the owner of the sign and the
14 municipality, county, or other governmental entity shall
15 attempt to meet for purposes of negotiating and executing a
16 relocation and reconstruction agreement as provided for in
17 subsection (1).
18 (4) If the parties fail to enter into a relocation and
19 reconstruction agreement within 120 days after the initial
20 notification by the municipality, county, or other
21 governmental entity, either party may request mandatory
22 nonbinding arbitration to resolve the disagreements between
23 the parties. Each party shall select an arbitrator, and the
24 individuals so selected shall choose a third arbitrator. The
25 three arbitrators shall constitute the panel that shall
26 arbitrate the dispute between the parties and, at the
27 conclusion of the proceedings, shall present to the parties a
28 proposed relocation and reconstruction agreement that the
29 panel believes equitably balances the rights, interests,
30 obligations, and reasonable expectations of the parties. If
31 the municipality, county, or other governmental entity and the
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SENATE AMENDMENT
Bill No. CS/HB 715, 1st Eng.
Amendment No. ___ Barcode 601886
1 sign owner accept the proposed relocation and reconstruction
2 agreement, the municipality, county, or other governmental
3 entity and the sign owner shall each pay its respective costs
4 of arbitration and shall pay one-half of the costs of the
5 arbitration panel, unless the parties otherwise agree.
6 (5) If the parties do not enter into a relocation and
7 reconstruction agreement, the municipality, county, or other
8 governmental entity may proceed with the public project or
9 purpose and the alteration or removal of the sign only after
10 first paying just compensation for such alteration or removal
11 as determined by agreement between the parties or through
12 eminent domain proceedings.
13 (6) The requirement by a municipality, county, or
14 other governmental entity that a lawfully erected sign,
15 excluding a nonconforming sign, be removed or altered as a
16 condition precedent to the issuance or continued effectiveness
17 of a development order constitutes a compelled removal that is
18 prohibited without prior payment of just compensation under
19 subsection (2). This subsection shall not apply when the owner
20 of the land on which the sign is located is seeking to have
21 the property redesignated on the future land use map of the
22 applicable comprehensive plan for exclusively single-family
23 residential use.
24 (7) The requirement by a municipality, county, or
25 other governmental entity that a lawfully erected sign,
26 excluding a nonconforming sign, be altered or removed from the
27 premises upon which it is located incident to the voluntary
28 acquisition of such property by a municipality, county, or
29 other governmental entity constitutes a compelled removal that
30 is prohibited without payment of just compensation under
31 subsection (2).
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SENATE AMENDMENT
Bill No. CS/HB 715, 1st Eng.
Amendment No. ___ Barcode 601886
1 (8) Nothing in this section shall prevent a
2 municipality, county, or other governmental entity from
3 acquiring a lawfully erected sign, excluding a nonconforming
4 sign, through eminent domain or from prospectively regulating
5 the placement, size, height, or other aspects of new signs
6 within such entity's jurisdiction, including the prohibition
7 of new signs, unless otherwise authorized pursuant to this
8 section. Nothing in this section shall impair any ordinance or
9 provision of any ordinance not inconsistent with this section,
10 including a provision that creates a ban or partial ban on new
11 signs, nor shall this section create any new rights for any
12 party other than the owner of a sign, the owner of the land
13 upon which it is located, or a municipality, county, or other
14 governmental entity as expressed in this section.
15 (9) This section applies only to a lawfully erected
16 sign, excluding a nonconforming sign, the subject matter of
17 which relates to premises other than the premises on which it
18 is located or to merchandise, services, activities, or
19 entertainment not sold, produced, manufactured, or furnished
20 on the premises on which the sign is located.
21 (10) This section shall not apply to any actions taken
22 by the Department of Transportation that relate to the
23 operation, maintenance, or expansion of transportation
24 facilities, and this section shall not affect existing law
25 regarding eminent domain relating to the Department of
26 Transportation.
27 (11) Nothing in this section shall impair or affect
28 any written agreement existing prior to the effective date of
29 this act, including, but not limited to, any settlement
30 agreements reliant upon the legality or enforceability of
31 local ordinances. The provisions of this section shall not
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SENATE AMENDMENT
Bill No. CS/HB 715, 1st Eng.
Amendment No. ___ Barcode 601886
1 apply to any signs that are required to be removed by a date
2 certain in areas designated by local ordinance as view
3 corridors if the local ordinance creating the view corridors
4 was enacted in part to effectuate a consensual agreement
5 between the local government and two or more sign owners prior
6 to the effective date of this act, nor shall the provisions of
7 this section apply to any signs that are the subject of an
8 ordinance providing an amortization period, which period has
9 expired, and which ordinance or any amendment thereto is the
10 subject of judicial proceedings that were commenced on or
11 before October 1, 2001, nor shall this section apply to any
12 municipality with an ordinance that prohibits billboards and
13 has two or fewer billboards located within its current
14 boundaries or its future annexed properties. This section does
15 not apply to a municipality with an ordinance adopted in 1992
16 or earlier which prohibits billboards in whole or in part.
17 (12) Subsection (6) shall not apply when the
18 development order permits construction of a replacement sign
19 that cannot be erected without the removal of the lawfully
20 erected sign, excluding a nonconforming sign, being replaced.
21 (13) Effective upon this section becoming a law, the
22 Office of Program Policy Analysis and Government
23 Accountability, in consultation with the property appraisers
24 and the affected private-sector parties, shall conduct a study
25 of the value of offsite signs in relation to, and in
26 comparison with, the valuation of other commercial properties
27 for ad valorem tax purposes, including a comparison of tax
28 valuations from other states. The Office of Program Policy
29 Analysis and Government Accountability shall complete the
30 study by December 31, 2002, and shall report the results of
31 the study to the President of the Senate and the Speaker of
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SENATE AMENDMENT
Bill No. CS/HB 715, 1st Eng.
Amendment No. ___ Barcode 601886
1 the House of Representatives.
2 Section 2. Paragraph (c) of subsection (2) of section
3 163.3180, Florida Statutes, is amended to read:
4 163.3180 Concurrency.--
5 (2)
6 (c) Consistent with the public welfare, and except as
7 otherwise provided in this section, transportation facilities
8 designated as part of the Florida Intrastate Highway System
9 needed to serve new development shall be in place or under
10 actual construction not more than 5 years after issuance by
11 the local government of a certificate of occupancy or its
12 functional equivalent. Other transportation facilities needed
13 to serve new development shall be in place or under actual
14 construction no more than 3 years after issuance by the local
15 government of a certificate of occupancy or its functional
16 equivalent.
17 Section 3. Subsection (5) and paragraph (b) of
18 subsection (15) of section 334.044, Florida Statutes, are
19 amended to read:
20 334.044 Department; powers and duties.--The department
21 shall have the following general powers and duties:
22 (5) To purchase, lease, or otherwise acquire property
23 and materials, including the purchase of promotional items as
24 part of public information and education campaigns for the
25 promotion of scenic highways, traffic and train safety
26 awareness, alternatives to single-occupant vehicle travel, and
27 commercial motor vehicle safety; to purchase, lease, or
28 otherwise acquire equipment and supplies; and to sell,
29 exchange, or otherwise dispose of any property that is no
30 longer needed by the department.
31 (15) To regulate and prescribe conditions for the
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SENATE AMENDMENT
Bill No. CS/HB 715, 1st Eng.
Amendment No. ___ Barcode 601886
1 transfer of stormwater to the state right-of-way as a result
2 of manmade changes to adjacent properties.
3 (b) The department is specifically authorized to adopt
4 rules which set forth the purpose; necessary definitions;
5 permit exceptions; permit and assurance requirements; permit
6 application procedures; permit forms; general conditions for a
7 drainage permit; provisions for suspension or revocation of a
8 permit; and provisions for department recovery of fines,
9 penalties, and costs incurred due to permittee actions. In
10 order to avoid duplication and overlap with other units of
11 government, the department shall accept a surface water
12 management permit issued by a water management district, the
13 Department of Environmental Protection, a surface water
14 management permit issued by a delegated local government, or a
15 permit issued pursuant to an approved Stormwater Management
16 Plan or Master Drainage Plan; provided issuance is based on
17 requirements equal to or more stringent than those of the
18 department. The department may enter into a permit-delegation
19 agreement with a governmental entity if issuance of a permit
20 is based on requirements that the department finds will ensure
21 the safety and integrity of facilities of the Department of
22 Transportation.
23 Section 4. Paragraph (b) of subsection (4) of section
24 339.135, Florida Statutes, is amended to read:
25 339.135 Work program; legislative budget request;
26 definitions; preparation, adoption, execution, and
27 amendment.--
28 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
29 (b)1. A tentative work program, including the ensuing
30 fiscal year and the successive 4 fiscal years, shall be
31 prepared for the State Transportation Trust Fund and other
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SENATE AMENDMENT
Bill No. CS/HB 715, 1st Eng.
Amendment No. ___ Barcode 601886
1 funds managed by the department, unless otherwise provided by
2 law. The tentative work program shall be based on the
3 district work programs and shall set forth all projects by
4 phase to be undertaken during the ensuing fiscal year and
5 planned for the successive 4 fiscal years. The total amount of
6 the liabilities accruing in each fiscal year of the tentative
7 work program may not exceed the revenues available for
8 expenditure during the respective fiscal year based on the
9 cash forecast for that respective fiscal year.
10 2. The tentative work program shall be developed in
11 accordance with the Florida Transportation Plan required in s.
12 339.155 and must comply with the program funding levels
13 contained in the program and resource plan.
14 3. The department may include in the tentative work
15 program proposed changes to the programs contained in the
16 previous work program adopted pursuant to subsection (5);
17 however, the department shall minimize changes and adjustments
18 that affect the scheduling of project phases in the 4 common
19 fiscal years contained in the previous adopted work program
20 and the tentative work program. The department, in the
21 development of the tentative work program, shall advance by 1
22 fiscal year all projects included in the second year of the
23 previous year's adopted work program, unless the secretary
24 specifically determines that it is necessary, for specific
25 reasons, to reschedule or delete one or more projects from
26 that year. Such changes and adjustments shall be clearly
27 identified, and the effect on the 4 common fiscal years
28 contained in the previous adopted work program and the
29 tentative work program shall be shown. It is the intent of
30 the Legislature that the first 5 years of the adopted work
31 program for facilities designated as part of the Florida
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SENATE AMENDMENT
Bill No. CS/HB 715, 1st Eng.
Amendment No. ___ Barcode 601886
1 Intrastate Highway System and the first 3 years of the adopted
2 work program stand as the commitment of the state to undertake
3 transportation projects that local governments may rely on for
4 planning purposes and in the development and amendment of the
5 capital improvements elements of their local government
6 comprehensive plans.
7 4. The tentative work program must include a balanced
8 36-month forecast of cash and expenditures and a 5-year
9 finance plan supporting the tentative work program.
10 Section 5. Subsection (2) of section 479.15, Florida
11 Statutes, is amended to read:
12 479.15 Harmony of regulations.--
13 (2) A municipality, county, local zoning authority, or
14 other local governmental entity may not remove, or cause to be
15 removed, any lawfully erected sign, excluding a nonconforming
16 sign, along any portion of the interstate or federal-aid
17 primary highway system without first paying just compensation
18 for such removal. A local governmental entity may not cause in
19 any way the alteration of any lawfully erected sign, excluding
20 a nonconforming sign, located along any portion of the
21 interstate or federal-aid primary highway system without
22 payment of just compensation if such alteration constitutes a
23 taking under state law. The municipality, county, local zoning
24 authority, or other local government entity that adopts
25 promulgating requirements for such alteration shall pay must
26 be responsible for payment of just compensation to the sign
27 owner if such alteration constitutes a taking under state law.
28 This subsection applies only to a lawfully erected sign,
29 excluding a nonconforming sign, the subject matter of which
30 relates to premises other than the premises on which it is
31 located or to merchandise, services, activities, or
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SENATE AMENDMENT
Bill No. CS/HB 715, 1st Eng.
Amendment No. ___ Barcode 601886
1 entertainment not sold, produced, manufactured, or furnished
2 on the premises on which the sign is located. As used in this
3 subsection, the term "federal-aid primary highway system"
4 means the federal-aid primary highway system in existence on
5 June 1, 1991, and any highway that was not a part of such
6 system as of that date but that is or becomes after June 1,
7 1991, a part of the National Highway System. This subsection
8 shall not be interpreted as explicit or implicit legislative
9 recognition that alterations do or do not constitute a taking
10 under state law.
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14 And the title is amended as follows:
15 On page 1, line 28, delete that line
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17 and insert:
18 of certain lawfully erected signs, excluding
19 nonconforming signs; creating s.
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