| 1 | Representative(s) Mayfield offered the following: |
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| 3 | Amendment (with title amendment) |
| 4 | On page 25, lines 10 and 11, |
| 5 | remove: all of said lines |
| 6 |
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| 7 | and insert: |
| 8 |
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| 9 | Section 9. Subsection (6) of section 479.106, Florida |
| 10 | Statutes, is amended to read: |
| 11 | 479.106 Vegetation management and view zone.-- |
| 12 | (6) Beautification projects, trees, or other vegetation |
| 13 | shall not be planted or located in the view zone of an area |
| 14 | which will screen from view legally erected and permitted |
| 15 | outdoor advertising signs which have been permitted prior to the |
| 16 | date of the beautification project or other planting, where such |
| 17 | planting will, at the time of planting or after future growth, |
| 18 | screen such sign from view. For the State Highway System and |
| 19 | expressways, whether or not annexed into the jurisdiction of a |
| 20 | municipality, the view zone shall consist of 500 linear feet |
| 21 | within the first 1,000 feet as measured along the edge of the |
| 22 | pavement in the direction of approaching traffic from a point on |
| 23 | the edge of the pavement perpendicular to the edge of the sign |
| 24 | facing nearest the highway. For the State Highway System and |
| 25 | expressways, whether or not annexed into the jurisdiction of a |
| 26 | municipality, the view zone shall be a continuous 500 linear |
| 27 | feet unless interrupted by existing, naturally occurring |
| 28 | vegetation. The department and the sign owner may enter into an |
| 29 | agreement identifying the specific location of the view zone for |
| 30 | each sign facing. In the absence of such agreement, the view |
| 31 | zone shall be defined as the first continuous 500 linear feet |
| 32 | from the sign. Any governmental entity or other party violating |
| 33 | this provision shall pay to the sign owner a penalty equal to |
| 34 | the lesser of the revenue from the sign lost during the time of |
| 35 | the screening or the fair market value of the sign. |
| 36 | Section 10. Section 479.25, Florida Statutes, is amended |
| 37 | to read: |
| 38 | 479.25 Application of chapter; local government |
| 39 | permitting.--The owner of a lawfully erected sign that is |
| 40 | governed by and conforms to state and federal requirements for |
| 41 | land use, size, height, and spacing may increase the height |
| 42 | above ground level of such sign This chapter does not prevent a |
| 43 | governmental entity from entering into an agreement allowing the |
| 44 | height above ground level of a lawfully erected sign to be |
| 45 | increased at its permitted location if a noise-attenuation |
| 46 | barrier, visibility screen, or other highway improvement is |
| 47 | permitted by or erected by any governmental entity in such a way |
| 48 | as to screen or block visibility of the sign. However, if a |
| 49 | nonconforming sign is located on the federal-aid primary highway |
| 50 | system, as such system existed on June 1, 1991, or on any |
| 51 | highway that was not a part of such system as of that date but |
| 52 | that is or becomes after June 1, 1991, a part of the National |
| 53 | Highway System, the agreement must be approved by the Federal |
| 54 | Highway Administration. Any increase in height permitted under |
| 55 | this section may only be the increase in height which is |
| 56 | required to achieve the same degree of visibility from the |
| 57 | right-of-way which the sign had prior to the construction of the |
| 58 | noise-attenuation barrier, notwithstanding the restrictions |
| 59 | contained in s. 479.07(9)(b). A sign reconstructed under this |
| 60 | section shall comply with the building standards and wind load |
| 61 | requirements set forth in the Florida Building Code. A local |
| 62 | government or local jurisdiction must issue the permits required |
| 63 | for the reconstruction of a sign under this section, |
| 64 | notwithstanding any provision to the contrary contained in the |
| 65 | ordinances or land development regulations of the local |
| 66 | government or local jurisdiction or, if the local government or |
| 67 | local jurisdiction refuses to issue the required permits for |
| 68 | reconstruction of a sign under this section, the sign may not be |
| 69 | reconstructed and the local government or local jurisdiction |
| 70 | must pay just compensation to the owner of the sign visibility |
| 71 | screen, or other highway improvement. |
| 72 | Section 11. This act shall take effect upon becoming a |
| 73 | law. |
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| 75 |
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| 76 | ================= T I T L E A M E N D M E N T ================= |
| 77 | On page 2, line 28, |
| 78 | remove: all of said line |
| 79 |
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| 80 | and insert: |
| 81 |
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| 82 | of ch. 171, F.S.; amending s. 479.106, F.S.; revising |
| 83 | provisions relating to the proximity of vegetation and |
| 84 | beautification projects to outdoor advertising signs; |
| 85 | specifying distances which constitute a view zone on the |
| 86 | State Highway System and expressways for outdoor |
| 87 | advertising signs; authorizing the Department of |
| 88 | Transportation and owners of outdoor advertising signs to |
| 89 | enter into agreements identifying view zone locations; |
| 90 | requiring governmental entities and other violators to pay |
| 91 | for lost revenues or sign market values for violation of |
| 92 | view zone requirements; amending s. 479.25, F.S.; allowing |
| 93 | permitted, conforming, lawfully erected outdoor |
| 94 | advertising signs to be increased in height if visibility |
| 95 | is blocked due to construction of specified noise |
| 96 | attenuation barriers; requiring sign reconstruction to |
| 97 | meet Florida Building Code requirements; requiring the |
| 98 | issuance of local permits for the reconstruction of signs |
| 99 | notwithstanding local ordinances or land development |
| 100 | regulations to the contrary; requiring local governments |
| 101 | or local jurisdictions to pay just compensation for |
| 102 | refusal to issue a reconstruction permit; providing an |
| 103 | effective date. |