| 1 | The State Infrastructure Council recommends the following: | 
| 2 | 
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| 3 |      Council/Committee Substitute | 
| 4 |      Remove the entire bill and insert: | 
| 5 | 
  | 
| 6 | A bill to be entitled | 
| 7 | An act relating to outdoor advertising; amending s.  | 
| 8 | 479.106, F.S.; revising provisions relating to the  | 
| 9 | proximity of vegetation and beautification projects to  | 
| 10 | outdoor advertising signs; specifying distances which  | 
| 11 | constitute a view zone for outdoor advertising signs;  | 
| 12 | authorizing the Department of Transportation and owners of  | 
| 13 | outdoor advertising signs to enter into agreements  | 
| 14 | identifying view zone locations; requiring governmental  | 
| 15 | entities to pay for lost revenues or sign market values  | 
| 16 | for violation of view zone requirements; amending s.  | 
| 17 | 479.25, F.S.; allowing permitted, conforming, lawfully  | 
| 18 | erected outdoor advertising signs to be increased in  | 
| 19 | height if visibility is blocked due to construction of a  | 
| 20 | noise attenuation barrier; requiring sign reconstruction  | 
| 21 | to meet Florida Building Code requirements; requiring the  | 
| 22 | issuance of local permits for the reconstruction of signs  | 
| 23 | notwithstanding local ordinances or land development  | 
| 24 | regulations to the contrary; requiring local governments  | 
| 25 | or local jurisdictions to pay just compensation for  | 
| 26 | refusal to issue a reconstruction permit; providing an  | 
| 27 | effective date. | 
| 28 | 
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| 29 | Be It Enacted by the Legislature of the State of Florida: | 
| 30 | 
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| 31 |      Section 1.  Subsection (6) of section 479.106, Florida  | 
| 32 | Statutes, is amended to read:  | 
| 33 |      479.106  Vegetation management.-- | 
| 34 |      (6)  Beautification projects, trees, or other vegetation  | 
| 35 | shall not be planted or located in the view zone of an area  | 
| 36 | which will screen from view legally erected and permitted  | 
| 37 | outdoor advertising signs which have been permitted prior to the  | 
| 38 | date of the beautification project or other planting, where such  | 
| 39 | planting will, at the time of planting or after future growth,  | 
| 40 | screen such sign from view. The view zone shall consist of 500  | 
| 41 | linear feet within the first 1,000 feet as measured along the  | 
| 42 | edge of the pavement in the direction of approaching traffic  | 
| 43 | from a point on the edge of the pavement perpendicular to the  | 
| 44 | edge of the sign facing nearest the highway. The view zone shall  | 
| 45 | be a continuous 500 linear feet unless interrupted by existing,  | 
| 46 | naturally occurring vegetation. The department and the sign  | 
| 47 | owner may enter into an agreement identifying the specific  | 
| 48 | location of the view zone for each sign facing. In the absence  | 
| 49 | of such agreement, the view zone shall be defined as the first  | 
| 50 | continuous 500 linear feet from the sign. Any governmental  | 
| 51 | entity violating this provision shall pay to the sign owner a  | 
| 52 | penalty equal to the lesser of the revenue from the sign lost  | 
| 53 | during the time of the screening or the fair market value of the  | 
| 54 | sign. | 
| 55 |      Section 2.  Section 479.25, Florida Statutes, is amended to  | 
| 56 | read: | 
| 57 |      479.25  Application of chapter.--The owner of a lawfully  | 
| 58 | erected sign that conforms to state and federal requirements for  | 
| 59 | land use, size, height, and spacing may increase the height  | 
| 60 | above ground level of such sign This chapter does not prevent a  | 
| 61 | governmental entity from entering into an agreement allowing the  | 
| 62 | height above ground level of a lawfully erected sign to be  | 
| 63 | increased at its permitted location if a noise-attenuation  | 
| 64 | barrier, visibility screen, or other highway improvement is  | 
| 65 | erected in such a way as to screen or block visibility of the  | 
| 66 | sign. However, if a nonconforming sign is located on the  | 
| 67 | federal-aid primary highway system, as such system existed on  | 
| 68 | June 1, 1991, or on any highway that was not a part of such  | 
| 69 | system as of that date but that is or becomes after June 1,  | 
| 70 | 1991, a part of the National Highway System, the agreement must  | 
| 71 | be approved by the Federal Highway Administration. Any increase  | 
| 72 | in height permitted under this section may only be the increase  | 
| 73 | in height which is required to achieve the same degree of  | 
| 74 | visibility from the right-of-way which the sign had prior to the  | 
| 75 | construction of the noise-attenuation barrier, notwithstanding  | 
| 76 | the restrictions contained in s. 479.07(9)(b). A sign  | 
| 77 | reconstructed under this section shall comply with the building  | 
| 78 | standards and wind load requirements set forth in the Florida  | 
| 79 | Building Code. A local government or local jurisdiction must  | 
| 80 | issue the permits required for the reconstruction of a sign  | 
| 81 | under this section, notwithstanding any provision to the  | 
| 82 | contrary contained in the ordinances or land development  | 
| 83 | regulations of the local government or local jurisdiction or, if  | 
| 84 | the local government or local jurisdiction refuses to issue the  | 
| 85 | required permits for reconstruction of a sign under this  | 
| 86 | section, the sign may not be reconstructed and the local  | 
| 87 | government or local jurisdiction must pay just compensation to  | 
| 88 | the owner of the sign visibility screen, or other highway  | 
| 89 | improvement. | 
| 90 |      Section 3.  This act shall take effect upon becoming a law. |