HB 1583

1	A bill to be entitled
2	An act relating to outdoor advertising signs; creating s.
3	479.095, F.S.; providing that nonconforming signs may
4	continue under certain conditions; providing definitions;
5	providing for maintenance and repair; providing for
6	modifications; requiring documentation upon request of the
7	Department of Transportation; providing that a
8	nonconforming sign continue if it is not destroyed,
9	abandoned, or discontinued; providing conditions for a
10	nonconforming sign to be destroyed, abandoned, or
11	discontinued; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Section 479.095, Florida Statutes, is created
16	to read:
17	479.095  Nonconforming signs.--
18	(1)  A nonconforming sign may continue so long as it is not
19	improperly maintained, improperly modified, destroyed,
20	abandoned, or discontinued. Any change, modification, or repair
21	done to a nonconforming sign in violation of this chapter, or
22	the rules promulgated by the department, which is not corrected
23	within the 30-day period provided for in s. 479.08 shall
24	terminate the nonconforming status of the sign and cause it to
25	become illegal. Upon failure of a permittee to timely request a
26	hearing or after final determination, as provided in s. 479.08,
27	that nonconforming status has terminated, the status cannot be
28	restored and the sign must be removed.
29	(2)  In addition to the definitions contained in s. 479.01,
30	the following definitions apply to this section:
31	(a)  "Configuration" means the physical arrangement of a
32	sign whether single-faced, V-type, back-to-back, side-to-side,
33	or stacked.
34	(b)  "Public service message" means a message that promotes
35	programs, activities, or services of federal, state, or local
36	government or the programs, activities, or services of nonprofit
37	organizations.
38	(c)  "Structural materials" means the materials
39	incorporated into the sign as load-bearing parts, including
40	vertical supports, horizontal stringers, and braces. Structural
41	materials do not include the sign face, any skirt, any
42	electrical service, or electric lighting.
43	(d)  "Vertical support" means the poles or other members of
44	a sign structure that elevate the sign message above the ground
45	or other supporting surface.
46	(3)  Reasonable repair and maintenance of nonconforming
47	signs, including change of advertising message, is permitted and
48	is not a change that will terminate a sign's nonconforming
49	status. Reasonable repair and maintenance means the work
50	necessary to keep a sign structure in a state of good repair,
51	including the replacement in kind of the vertical supports and
52	structural materials in the sign structure; however, such
53	replacement may not exceed 50 percent of the sign's vertical
54	supports within a 24-month period or 50 percent of the
55	cumulative value of the structural materials in the sign
56	structure within a 24-month period. Documentation of replaced
57	vertical supports or replaced structural materials shall be
58	provided to the department upon request.
59	(4)(a)  The following modifications to nonconforming signs
60	are allowed:
61	1.  Any change of the advertising message.
62	2.  Any replacement of, or repair to, the sign facing,
63	provided the dimensions of the sign facing and the height above
64	ground level remain the same; however, any reduction in the size
65	of the sign facing which is required by a local governmental
66	entity with jurisdiction over the sign is permitted.
67	3.  Any modifications to the vertical supports of a sign in
68	order to meet the wind load requirements of the Florida Building
69	Code as required by a local governmental entity. Documentation
70	of such modifications, under seal by a registered engineer,
71	shall be provided to the department upon request.
72	4.  Any addition of catwalks or other fall protection
73	device for safety reasons, where the addition does not increase
74	the structural integrity of the sign or prolong the life of the
75	sign.
76	5.  Any addition of embellishments, not to exceed 10
77	percent of the area of the existing sign facing.
78	6.  Any incidental modifications that do not affect the
79	visibility of the sign's message or the duration of such
80	visibility.
81	(b)  The following modifications to nonconforming signs,
82	other than incidental modifications, are prohibited:
83	1.  Modifications that change the configuration of a sign.
84	2.  Modifications that change the type of materials in a
85	sign structure.
86	3.  Modifications to the size of a sign facing, except as
87	provided in subparagraph (a)2.
88	4.  Modifications to the height of a sign facing.
89	5.  Modifications to the height above ground level of a
90	sign facing.
91	6.  Addition of variable message capability, unless
92	otherwise allowed by state or federal law.
93	7.  Addition of lighting to a previously unlighted sign,
94	and existing lighting may not be increased to enhance the
95	visibility of the sign facing or the period of time the sign is
96	visible. Prohibited lighting includes any lighting that
97	illuminates the sign facing whether or not such lighting is
98	physically part of the sign.
99	(5)(a)  A nonconforming sign may continue so long as it is
100	not destroyed. A nonconforming sign is destroyed when its
101	vertical supports are physically damaged such that, in order for
102	the structure to be maintained in the same configuration as
103	existed prior to occurrence of the damage, one of the following
104	applies:
105	1.  More than 50 percent of the wooden vertical supports
106	must be replaced or have bracing added; or
107	2.  Metal vertical supports require replacement of at least
108	25 percent of the length above ground of the broken, bent, or
109	twisted supports.
110	(b)  If a determination is made that destruction was caused
111	by vandalism or other tortious act, the sign may be restored to
112	the same size and configuration and with the same type of
113	materials as existed in the sign immediately prior to
114	destruction. If a nonconforming sign is destroyed by a natural
115	event that results in the declaration of a major or catastrophic
116	disaster by the President of the United States or the Governor,
117	and such destruction does not exceed 75 percent of vertical
118	supports of a wooden structure or 50 percent of the vertical
119	supports of a metal structure, such sign may be restored to the
120	same size and configuration and with the same type of materials
121	as existed in the sign immediately prior to destruction.
122	(6)  A nonconforming sign may continue so long as it is not
123	abandoned. A nonconforming sign is abandoned when it fails to
124	display advertising copy on the sign facing for a period of 12
125	months or more, except where a third party interferes with the
126	permittee's maintenance activities. Signs displaying a public
127	service or noncommercial message are not considered abandoned
128	within the meaning of this section. The following conditions
129	shall be considered failure to display advertising copy within
130	the meaning of this section:
131	(a)  A sign displaying only an "available for lease" or
132	similar message;
133	(b)  A sign displaying advertising for a product, service,
134	or facility that is no longer available; or
135	(c)  A sign that is blank or does not identify a particular
136	product, service, or facility.
137	(7)  A nonconforming sign may continue so long as it is not
138	discontinued. A nonconforming sign is discontinued when more
139	than 50 percent of the vertical supports have been detached from
140	the structure and the ground or other supporting surface and not
141	replaced. A sign shall not be considered discontinued if the
142	vertical supports have been removed and are being replaced in
143	connection with the maintenance of a nonconforming sign.
144	Section 2.  This act shall take effect July 1, 2007.

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