Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 424
       
       
       
       
       
       
                                Barcode 413572                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/20/2009           .                                
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       The Committee on Finance and Tax (Bennett) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 903 - 1033
    4  and insert:
    5         way. Effective July 1, 2012, the tag must be securely
    6  attached to the upper 50 percent of the pole nearest the highway
    7  and must be attached in such a manner as to be plainly visible
    8  from the main-traveled way. The permit becomes will become void
    9  unless the permit tag is properly and permanently displayed at
   10  the permitted site within 30 days after the date of permit
   11  issuance. If the permittee fails to erect a completed sign on
   12  the permitted site within 270 days after the date on which the
   13  permit was issued, the permit will be void, and the department
   14  may not issue a new permit to that permittee for the same
   15  location for 270 days after the date on which the permit became
   16  void.
   17         (b) If a permit tag is lost, stolen, or destroyed, the
   18  permittee to whom the tag was issued must apply to the
   19  department for a replacement tag. The department shall adopt a
   20  rule establishing a service fee for replacement tags in an
   21  amount that will recover the actual cost of providing the
   22  replacement tag. Upon receipt of the application accompanied by
   23  the a service fee of $3, the department shall issue a
   24  replacement permit tag. Alternatively, the permittee may provide
   25  its own replacement tag pursuant to department specifications
   26  that the department shall adopt by rule at the time it
   27  establishes the service fee for replacement tags.
   28         (9)(a) A permit shall not be granted for any sign for which
   29  a permit had not been granted by the effective date of this act
   30  unless such sign is located at least:
   31         1. One thousand five hundred feet from any other permitted
   32  sign on the same side of the highway, if on an interstate
   33  highway.
   34         2. One thousand feet from any other permitted sign on the
   35  same side of the highway, if on a federal-aid primary highway.
   36  
   37         The minimum spacing provided in this paragraph does not
   38  preclude the permitting of V-type, back-to-back, side-to-side,
   39  stacked, or double-faced signs at the permitted sign site. If a
   40  sign is visible from the controlled area of more than one
   41  highway subject to the jurisdiction of the department, the sign
   42  shall meet the permitting requirements of, and, if the sign
   43  meets the applicable permitting requirements, be permitted to,
   44  the highway having the more stringent permitting requirements.
   45         (b) A permit shall not be granted for a sign pursuant to
   46  this chapter to locate such sign on any portion of the
   47  interstate or federal-aid primary highway system, which sign:
   48         1. Exceeds 50 feet in sign structure height above the crown
   49  of the main-traveled way, if outside an incorporated area;
   50         2. Exceeds 65 feet in sign structure height above the crown
   51  of the main-traveled way, if inside an incorporated area; or
   52         3. Exceeds 950 square feet of sign facing including all
   53  embellishments.
   54         (c) Notwithstanding subparagraph (a)1., there is
   55  established a pilot program in Orange, Hillsborough, and Osceola
   56  Counties, and within the boundaries of the City of Miami, under
   57  which the distance between permitted signs on the same side of
   58  an interstate highway may be reduced to 1,000 feet if all other
   59  requirements of this chapter are met and if:
   60         1. The local government has adopted a plan, program,
   61  resolution, ordinance, or other policy encouraging the voluntary
   62  removal of signs in a downtown, historic, redevelopment, infill,
   63  or other designated area which also provides for a new or
   64  replacement sign to be erected on an interstate highway within
   65  that jurisdiction if a sign in the designated area is removed;
   66         2. The sign owner and the local government mutually agree
   67  to the terms of the removal and replacement; and
   68         3. The local government notifies the department of its
   69  intention to allow such removal and replacement as agreed upon
   70  pursuant to subparagraph 2.
   71  
   72         The department shall maintain statistics tracking the use
   73  of the provisions of this pilot program based on the
   74  notifications received by the department from local governments
   75  under this paragraph.
   76         (d) Nothing in This subsection does not shall be construed
   77  so as to cause a sign that which was conforming on October 1,
   78  1984, to become nonconforming.
   79         Section 19. Section 479.08, Florida Statutes, is amended to
   80  read:
   81         479.08 Denial or revocation of permit.—The department may
   82  has the authority to deny or revoke any permit requested or
   83  granted under this chapter in any case in which it determines
   84  that the application for the permit contains knowingly false or
   85  misleading information. The department may revoke any permit
   86  granted under this chapter in any case in which or that the
   87  permittee has violated any of the provisions of this chapter,
   88  unless such permittee, within 30 days after the receipt of
   89  notice by the department, corrects such false or misleading
   90  information and complies with the provisions of this chapter.
   91  For the purpose of this section, the notice of violation issued
   92  by the department must describe in detail the alleged violation.
   93  Any person aggrieved by any action of the department in denying
   94  or revoking a permit under this chapter may, within 30 days
   95  after receipt of the notice, apply to the department for an
   96  administrative hearing pursuant to chapter 120. If a timely
   97  request for hearing has been filed and the department issues a
   98  final order revoking a permit, such revocation shall be
   99  effective 30 days after the date of rendition. Except for
  100  department action pursuant to s. 479.107(1), the filing of a
  101  timely and proper notice of appeal shall operate to stay the
  102  revocation until the department’s action is upheld.
  103         Section 20. Section 479.156, Florida Statutes, is amended
  104  to read:
  105         479.156 Wall murals.—Notwithstanding any other provision of
  106  this chapter, a municipality or county may permit and regulate
  107  wall murals within areas designated by such government. If a
  108  municipality or county permits wall murals, a wall mural that
  109  displays a commercial message and is within 660 feet of the
  110  nearest edge of the right-of-way within an area adjacent to the
  111  interstate highway system or the federal-aid primary highway
  112  system shall be located in an area that is zoned for industrial
  113  or commercial use and the municipality or county shall establish
  114  and enforce regulations for such areas that, at a minimum, set
  115  forth criteria governing the size, lighting, and spacing of wall
  116  murals consistent with the intent of the Highway Beautification
  117  Act of 1965 and with customary use. Whenever a municipality or
  118  county exercises such control and makes a determination of
  119  customary use pursuant to 23 U.S.C. s. 131(d), such
  120  determination shall be accepted in lieu of controls in the
  121  agreement between the state and the United States Department of
  122  Transportation, and the department shall notify the Federal
  123  Highway Administration pursuant to the agreement, 23 U.S.C. s.
  124  131(d), and 23 C.F.R. s. 750.706(c). A wall mural that is
  125  subject to municipal or county regulation and the Highway
  126  Beautification Act of 1965 must be approved by the Department of
  127  Transportation and the Federal Highway Administration when
  128  required by federal law and federal regulation under and may not
  129  violate the agreement between the state and the United States
  130  Department of Transportation and or violate federal regulations
  131  enforced by the Department of Transportation under s. 479.02(1).
  132  The existence of a wall mural as defined in s. 479.01(27) shall
  133  not be considered in determining whether a sign as defined in s.
  134  479.01(17), either existing or new, is in compliance with s.
  135  479.07(9)(a).