HB 0273CS

CHAMBER ACTION




1The State Infrastructure Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to outdoor advertising; amending s.
7479.106, F.S.; revising provisions relating to the
8proximity of vegetation and beautification projects to
9outdoor advertising signs; prohibiting planting that will
10block the signs; specifying distances that constitute a
11view zone on interstate highways, expressways, federal-aid
12primary highways, and the State Highway System for outdoor
13advertising signs; authorizing the Department of
14Transportation and owners of outdoor advertising signs to
15enter into agreements identifying view zone locations;
16providing for a claim of violation of view zone clearance
17requirements; providing procedures; providing for award of
18compensation; exempting certain curative measures from
19department permit requirements; requiring notice to the
20department; limiting liability of certain service
21providers under certain circumstances; providing for
22application to certain existing agreements; amending s.
23479.25, F.S.; revising provisions for height increase of
24certain outdoor advertising signs; authorizing the height
25to be increased if visibility is blocked due to
26installation of certain noise-attenuation barriers;
27requiring sign reconstruction to meet certain requirements
28of the Florida Building Code; requiring notice by the
29department to the local government or jurisdiction;
30providing for resolution when a sign height increase would
31conflict with local ordinances or land development
32regulations; providing for a survey of impacted property
33owners; providing for a public hearing; providing for
34application to certain existing agreements; providing an
35effective date.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  Subsection (6) of section 479.106, Florida
40Statutes, is amended to read:
41     479.106  Vegetation management.--
42     (6)  Beautification projects, trees, or other vegetation
43shall not be planted or located in the view zone of an area
44which will screen from view legally erected and permitted
45outdoor advertising signs which have been permitted prior to the
46date of the beautification project or other planting, where such
47planting will, at the time of planting or after future growth,
48screen such sign from view.
49     (a)  View zones are established along the public rights-of-
50way of interstate highways, expressways, federal-aid primary
51highways, and the State Highway System in the state, excluding
52privately or other publicly owned property, as follows:
53     1.  A view zone of 350 feet for posted speed limits of 35
54miles per hour or less.
55     2.  A view zone of 500 feet for posted speed limits of over
5635 miles per hour.
57     (b)  The established view zone shall be within the first
581,000 feet measured along the edge of the pavement in the
59direction of approaching traffic from a point on the edge of the
60pavement perpendicular to the edge of the sign facing nearest
61the highway and shall be continuous unless interrupted by
62existing, naturally occurring vegetation. The department and the
63sign owner may enter into an agreement identifying the specific
64location of the view zone for each sign facing. In the absence
65of such agreement, the established view zone shall be measured
66from the sign along the edge of the pavement in the direction of
67approaching traffic as provided in this subsection.
68     (c)  If a sign owner alleges any governmental entity or
69other party has violated this subsection, the sign owner must
70provide 90 days' written notice to the governmental entity or
71other party allegedly violating this subsection. If the alleged
72violation is not cured by the governmental entity or other party
73within the 90-day period, the sign owner may file a claim in the
74circuit court where the sign is located. A copy of such
75complaint shall be served contemporaneously upon the
76governmental entity or other party. If the circuit court
77determines a violation of this subsection has occurred, the
78court shall award a claim for compensation equal to the lesser
79of the revenue from the sign lost during the time of screening
80or the fair market value of the sign, and the governmental
81entity or other party shall pay the award of compensation
82subject to available appeal. Any modification or removal of
83material within a beautification project or other planting by
84the governmental entity or other party to cure an alleged
85violation shall not require the issuance of a permit from the
86Department of Transportation provided not less than 48 hours'
87notice is provided to the department of the modification or
88removal of the material. A natural person, private corporation,
89or private partnership licensed under part II of chapter 481
90providing design services for beautification or other projects
91shall not be subject to a claim of compensation under this
92section when the initial project design meets the requirements
93of this section.
94     (d)  This subsection shall not apply to the provisions of
95any existing written agreement executed before July 1, 2006,
96between any local government and the owner of an outdoor
97advertising sign.
98     Section 2.  Section 479.25, Florida Statutes, is amended to
99read:
100     479.25  Erection of noise-attenuation barrier blocking view
101of sign; procedures; application of chapter.--
102     (1)  The owner of a lawfully erected sign that is governed
103by and conforms to state and federal requirements for land use,
104size, height, and spacing may increase the height above ground
105level of such sign This chapter does not prevent a governmental
106entity from entering into an agreement allowing the height above
107ground level of a lawfully erected sign to be increased at its
108permitted location if a noise-attenuation barrier, visibility
109screen, or other highway improvement is permitted by or erected
110by any governmental entity in such a way as to screen or block
111visibility of the sign. However, if a nonconforming sign is
112located on the federal-aid primary highway system, as such
113system existed on June 1, 1991, or on any highway that was not a
114part of such system as of that date but that is or becomes after
115June 1, 1991, a part of the National Highway System, the
116agreement must be approved by the Federal Highway
117Administration. Any increase in height permitted under this
118section may only be the increase in height which is required to
119achieve the same degree of visibility from the right-of-way
120which the sign had prior to the construction of the noise-
121attenuation barrier, notwithstanding the restrictions contained
122in s. 479.07(9)(b) visibility screen, or other highway
123improvement. A sign reconstructed under this section shall
124comply with the building standards and wind load requirements
125set forth in the Florida Building Code. If construction of a
126proposed noise-attenuation barrier will screen a sign lawfully
127permitted under this chapter, the department shall provide
128notice to the local government or local jurisdiction within
129which the sign is located prior to erection of the noise-
130attenuation barrier. Upon a determination that an increase in
131the height of a sign as permitted under this section will
132violate a provision contained in an ordinance or land
133development regulation of the local government or local
134jurisdiction, the local government or local jurisdiction shall
135so notify the department. When notice has been received from the
136local government or local jurisdiction prior to erection of the
137noise-attenuation barrier, the department shall:
138     (a)  Conduct a written survey of all property owners
139identified as impacted by highway noise and who may benefit from
140the proposed noise-attenuation barrier. The written survey shall
141inform the property owners of the location, date, and time of
142the public hearing described in paragraph (b) and shall
143specifically advise the impacted property owners that:
144     1.  Erection of the noise-attenuation barrier may block the
145visibility of an existing outdoor advertising sign;
146     2.  The local government or local jurisdiction may restrict
147or prohibit increasing the height of the existing outdoor
148advertising sign to make it visible over the barrier; and
149     3.  If a majority of the impacted property owners vote for
150construction of the noise-attenuation barrier, the local
151government or local jurisdiction will be required to:
152     a.  Allow an increase in the height of the sign in
153violation of a local ordinance or land development regulation;
154     b.  Allow the sign to be relocated or reconstructed at
155another location if the sign owner agrees; or
156     c.  Pay the fair market value of the sign and its
157associated interest in the real property.
158     (b)  Hold a public hearing within the boundaries of the
159affected local governments or local jurisdictions to receive
160input on the proposed noise-attenuation barrier and its conflict
161with the local ordinance or land development regulation and to
162suggest or consider alternatives or modifications to the
163proposed noise-attenuation barrier to alleviate or minimize the
164conflict with the local ordinance or land development regulation
165or minimize any costs that may be associated with relocating,
166reconstructing, or paying for the affected sign. The public
167hearing may be held concurrently with other public hearings
168scheduled for the project. The department shall provide a
169written notification to the local government or local
170jurisdiction of the date and time of the public hearing and
171shall provide general notice of the public hearing in accordance
172with the notice provisions of s. 335.02(1). The notice shall not
173be placed in that portion of a newspaper in which legal notices
174or classified advertisements appear. The notice shall
175specifically state that:
176     1.  Erection of the proposed noise-attenuation barrier may
177block the visibility of an existing outdoor advertising sign;
178     2.  The local government or local jurisdiction may restrict
179or prohibit increasing the height of the existing outdoor
180advertising sign to make it visible over the barrier; and
181     3.  If a majority of the impacted property owners vote for
182construction of the noise-attenuation barrier, the local
183government or local jurisdiction will be required to:
184     a.  Allow an increase in the height of the sign in
185violation of a local ordinance or land development regulation;
186     b.  Allow the sign to be relocated or reconstructed at
187another location if the sign owner agrees; or
188     c.  Pay the fair market value of the sign and its
189associated interest in the real property.
190     (2)  The department shall not permit erection of the noise-
191attenuation barrier to the extent the barrier screens or blocks
192visibility of the sign until after the public hearing is held
193and until such time as the survey has been conducted and a
194majority of the impacted property owners have indicated approval
195to erect the noise-attenuation barrier. When the impacted
196property owners approve of the noise-attenuation barrier
197construction, the department shall notify the local governments
198or local jurisdictions. The local government or local
199jurisdiction shall, notwithstanding the provisions of a
200conflicting ordinance or land development regulation:
201     (a)  Issue a permit by variance or otherwise for the
202reconstruction of a sign under this section;
203     (b)  Allow the relocation of a sign, or construction of
204another sign, at an alternative location that is permittable
205under the provisions of this chapter, if the sign owner agrees
206to relocate the sign or construct another sign; or
207     (c)  Refuse to issue the required permits for
208reconstruction of a sign under this section and pay fair market
209value of the sign and its associated interest in the real
210property to the owner of the sign.
211     (3)  This section shall not apply to the provisions of any
212existing written agreement executed before July 1, 2006, between
213any local government and the owner of an outdoor advertising
214sign.
215     Section 3.  This act shall not apply to any existing
216settlement agreement executed before the effective date of this
217act between any local government and the owner of an outdoor
218advertising sign.
219     Section 4.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.