Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for SB 1978

570812

CHAMBER ACTION

Senate

Comm: RS

4/22/2008

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House



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The Committee on Transportation and Economic Development

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Appropriations (Margolis) recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 487 and 488,

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insert:

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     Section 13.  Section 479.156, Florida Statutes, is amended

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to read:

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     479.156  Wall murals.--Notwithstanding any other provision

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of this chapter, a municipality or county may permit and regulate

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wall murals within areas designated by such government. If a

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municipality or county permits wall murals, a wall mural that

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displays a commercial message and is within 660 feet of the

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nearest edge of the right-of-way within an area adjacent to the

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interstate highway system or the federal-aid primary highway

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system shall be located in an area that is zoned for industrial

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or commercial use and the municipality or county shall establish

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and enforce regulations for such areas that, at a minimum, set

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forth criteria governing the size, lighting, and spacing of wall

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murals consistent with the intent of the Highway Beautification

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Act of 1965 and with customary use. When a municipality or county

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exercises such control and makes a determination of customary use

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pursuant to 23 U.S.C. s. 131(d), such determination shall be

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accepted in lieu of controls in the agreement between the state

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and the United States Department of Transportation, and the

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Department of Transportation shall certify effective local

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control pursuant to the agreement, 23 U.S.C. s. 131(d) and 23

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C.F.R. s. 750.706(c). A wall mural that is subject to municipal

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or county regulation and the Highway Beautification Act of 1965

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must be approved by the Department of Transportation pursuant to

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and the Federal Highway Administration and may not violate the

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agreement and between the state and the United States Department

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of Transportation or violate federal regulations enforced by the

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Department of Transportation under s. 479.02(1). The existence of

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a wall mural as defined in s. 479.01(27) shall not be considered

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in determining whether a sign as defined in s. 479.01(17), either

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existing or new, is in compliance with s. 479.07(9)(a).

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 48, after the semicolon,

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insert:

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amending s. 479.156, F.S.; modifying local government

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control of the regulation of wall murals adjacent to

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certain federal highways;

4/9/2008  12:58:00 PM     606-06679-08

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