Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1180
       
       
       
       
       
       
                                Barcode 734306                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/30/2011           .                                
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       The Committee on Transportation (Evers) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1506 and 1507
    4  insert:
    5         Section 50. Section 479.106, Florida Statutes, is amended
    6  to read:
    7         479.106 Vegetation management.—
    8         (1) The removal, cutting, or trimming of trees or
    9  vegetation on public right-of-way to make visible or to ensure
   10  future visibility of the facing of a proposed sign or previously
   11  permitted sign shall be performed only with the written
   12  permission of the department in accordance with the provisions
   13  of this section.
   14         (2) Any person desiring to engage in the removal, cutting,
   15  or trimming of trees or vegetation for the purposes herein
   16  described shall apply for an appropriate permit by make written
   17  application to the department. The application for a permit
   18  shall include at the election of the applicant, one of the
   19  following:
   20         (a) A vegetation management plan consisting of a property
   21  sketch indicating the on-site location of the vegetation or
   22  individual trees to be removed, cut, or trimmed and describing
   23  the existing conditions and proposed work to be accomplished.
   24         (b) Mitigation contribution to the Federal Grants Trust
   25  Fund pursuant to s. 589.277(2) using values of a wholesale plant
   26  nursery registered with the Division of Plant Industry of the
   27  Department of Agriculture and Consumer Services.
   28         (c) A combination of both a vegetation management plan and
   29  mitigation contribution the applicant’s plan for the removal,
   30  cutting, or trimming and for the management of any vegetation
   31  planted as part of a mitigation plan.
   32         (3) In evaluating a vegetation management plan or
   33  mitigation contribution, the department As a condition of any
   34  removal of trees or vegetation, and where the department deems
   35  appropriate as a condition of any cutting or trimming, the
   36  department may require a vegetation management plan, approved by
   37  the department, which considers conservation and mitigation, or
   38  contribution to a plan of mitigation, for the replacement of
   39  such vegetation. Each plan or contribution shall reasonably
   40  evaluate the application as it relates relate to the vegetation
   41  being affected by the application, taking into consideration the
   42  condition of such vegetation, and, where appropriate, may
   43  approve shall include plantings that which will allow reasonable
   44  visibility of sign facings while screening sign structural
   45  supports. Only herbicides approved by the Department of
   46  Agriculture and Consumer Services may be used in the removal of
   47  vegetation. The department shall act on the application for
   48  approval of vegetation management plans, or approval of
   49  mitigation contribution, within 30 days after receipt of such
   50  application. A permit issued in response to such application is
   51  valid for 5 years, may be renewed for an additional 5 years by
   52  payment of the applicable application fee, and is binding upon
   53  the department. The department may establish special mitigation
   54  programs for the beautification and aesthetic improvement of
   55  designated areas and permit individual applicants to contribute
   56  to such programs as a part or in lieu of other mitigation
   57  requirements.
   58         (4) The department may establish an application fee not to
   59  exceed $25 for each individual application to defer the costs of
   60  processing such application and a fee not to exceed $200 to
   61  defer the costs of processing an application for multiple sites.
   62         (5) The department may only grant a permit pursuant to s.
   63  479.07 for a new sign which requires the removal, cutting, or
   64  trimming of existing trees or vegetation on public right-of-way
   65  for the sign face to be visible from the highway when the sign
   66  owner has removed one at least two nonconforming sign signs of
   67  approximate comparable size and surrendered the permits for the
   68  nonconforming signs to the department for cancellation. For
   69  signs originally permitted after July 1, 1996, no permit for the
   70  removal, cutting, or trimming of trees or vegetation shall be
   71  granted where such trees or vegetation are part of a
   72  beautification project implemented prior to the date of the
   73  original sign permit application, when the beautification
   74  project is specifically identified in the department’s
   75  construction plans, permitted landscape projects, or agreements.
   76         (6) As a minimum, view zones are established along the
   77  public rights-of-way of interstate highways, expressways,
   78  federal-aid primary highways, and the State Highway System in
   79  the state, excluding privately or other publicly owned property,
   80  as follows:
   81         1. A view zone of 350 feet for posted speed limits of 35
   82  miles per hour or less.
   83         2. A view zone of 500 feet for posted speed limits of more
   84  than 35 miles per hour.
   85  
   86         The established view zone shall be within the first 1,000
   87  feet measured along the edge of the pavement in the direction of
   88  approaching traffic from a point on the edge of the pavement
   89  perpendicular to the edge of the sign facing nearest the highway
   90  and shall be continuous unless interrupted by vegetation having
   91  established historical significance, protected by state law, or
   92  having a circumference measured at 4 and 1/2 feet above grade,
   93  equal to or greater than 70 percent of the circumference of the
   94  Florida Champion of the same species as listed in the Florida
   95  Register of Big Trees of the Florida Native Plant Society. The
   96  sign owner may designate the specific location of the view zone
   97  for each sign facing. In the absence of such designation, the
   98  established view zone shall be measured from the sign along the
   99  edge of the pavement in the direction of approaching traffic as
  100  provided in this subsection.
  101         (7)(6) Beautification projects, trees, or other vegetation
  102  shall not be planted or located in the view zone of legally
  103  erected and permitted outdoor advertising signs which have been
  104  permitted prior to the date of the beautification project or
  105  other planting, where such planting will, at the time of
  106  planting or after future growth, screen such sign from view. The
  107  department shall provide written notice to the owner not less
  108  than 90 days before commencing a beautification project or other
  109  vegetation planting that may affect a sign, allowing such owner
  110  not less than 60 days to designate the specific location of the
  111  view zone of such affected sign. A sign owner is not required to
  112  prepare a vegetation management plan or secure a vegetation
  113  management permit for the implementation of beautification
  114  projects.
  115         (a) View zones are established along the public rights-of
  116  way of interstate highways, expressways, federal-aid primary
  117  highways, and the State Highway System in the state, excluding
  118  privately or other publicly owned property, as follows:
  119         1. A view zone of 350 feet for posted speed limits of 35
  120  miles per hour or less.
  121         2. A view zone of 500 feet for posted speed limits of over
  122  35 miles per hour.
  123         (b) The established view zone shall be within the first
  124  1,000 feet measured along the edge of the pavement in the
  125  direction of approaching traffic from a point on the edge of the
  126  pavement perpendicular to the edge of the sign facing nearest
  127  the highway and shall be continuous unless interrupted by
  128  existing, naturally occurring vegetation. The department and the
  129  sign owner may enter into an agreement identifying the specific
  130  location of the view zone for each sign facing. In the absence
  131  of such agreement, the established view zone shall be measured
  132  from the sign along the edge of the pavement in the direction of
  133  approaching traffic as provided in this subsection.
  134         (a)(c) If a sign owner alleges any governmental entity or
  135  other party has violated this subsection, the sign owner must
  136  provide 90 days’ written notice to the governmental entity or
  137  other party allegedly violating this subsection. If the alleged
  138  violation is not cured by the governmental entity or other party
  139  within the 90-day period, the sign owner may file a claim in the
  140  circuit court where the sign is located. A copy of such
  141  complaint shall be served contemporaneously upon the
  142  governmental entity or other party. If the circuit court
  143  determines a violation of this subsection has occurred, the
  144  court shall award a claim for compensation equal to the lesser
  145  of the revenue from the sign lost during the time of screening
  146  or the fair market value of the sign, and the governmental
  147  entity or other party shall pay the award of compensation
  148  subject to available appeal. Any modification or removal of
  149  material within a beautification project or other planting by
  150  the governmental entity or other party to cure an alleged
  151  violation shall not require the issuance of a permit from the
  152  Department of Transportation provided not less than 48 hours’
  153  notice is provided to the department of the modification or
  154  removal of the material. A natural person, private corporation,
  155  or private partnership licensed under part II of chapter 481
  156  providing design services for beautification or other projects
  157  shall not be subject to a claim of compensation under this
  158  section when the initial project design meets the requirements
  159  of this section.
  160         (b)(d) This subsection shall not apply to the provisions of
  161  any existing written agreement executed before July 1, 2006,
  162  between any local government and the owner of an outdoor
  163  advertising sign.
  164         (8)(7) Any person engaging in removal, cutting, or trimming
  165  of trees or vegetation in violation of this section or
  166  benefiting from such actions shall be subject to an
  167  administrative penalty of up to $1,000 and required to mitigate
  168  for the unauthorized removal, cutting, or trimming in such
  169  manner and in such amount as may be required under the rules of
  170  the department.
  171         (9)(8) The intent of this section is to create partnering
  172  relationships which will have the effect of improving the
  173  appearance of Florida’s highways and creating a net increase in
  174  the vegetative habitat along the roads. Department rules shall
  175  encourage the use of plants which are low maintenance and native
  176  to the general region in which they are planted.
  177         Section 51. Subsections (16) and (17) are added to section
  178  479.16, Florida Statutes, to read:
  179         479.16 Signs for which permits are not required.—The
  180  following signs are exempt from the requirement that a permit
  181  for a sign be obtained under the provisions of this chapter but
  182  are required to comply with the provisions of s. 479.11(4)-(8):
  183         (16) Signs erected under the local tourist-oriented
  184  commerce program signs pilot program under s. 479.263.
  185         (17) Signs not in excess of 32 square feet placed
  186  temporarily during harvest season of a farm operation for a
  187  period of no more than four months at a road junction with the
  188  State Highway System denoting only the distance or direction of
  189  the farm operation. The temporary farm operation harvest sign
  190  provision under this subsection may not be implemented if the
  191  Federal Government notifies the department that implementation
  192  will adversely affect the allocation of federal funds to the
  193  department.
  194         Section 52. Section 479.263, Florida Statutes, is created
  195  to read:
  196         479.263 .Tourist-oriented commerce signs pilot program.
  197  The local tourist-oriented commerce signs pilot program is
  198  created in rural areas of critical economic concern as defined
  199  by s. 288.0656(2)(d) and (e). Signs erected under this program
  200  do not require a permit under this chapter.
  201         (1) A local tourist-oriented business that is a small
  202  business as defined in s. 288.703 may erect a sign that meets
  203  the following criteria:
  204         (a) The signs are not more than 8 square feet in size or
  205  more than 4 feet in height.
  206         (b) The signs are located only in rural areas along
  207  highways that are not limited access highways.
  208         (c) The signs are located within 2 miles of the business
  209  location and not less than 500 feet apart.
  210         (d) The advertising copy on the signs consists only of the
  211  name of the business or the principal or accessory merchandise
  212  or services sold or furnished on the premises of the business.
  213         (2) A business placing such signs under this section:
  214         (a) Must be a minimum of 4 miles from any other business
  215  placing signs under this program.
  216         (b) May not participate in the logo sign program authorized
  217  under s. 479.261 or the tourist-oriented directional sign
  218  program authorized under s. 479.262.
  219         (3) Businesses which are conducted in a building
  220  principally used as a residence are not eligible to participate.
  221  
  222  Each business utilizing this program shall notify the department
  223  in writing of its intent to do so prior to placing signs. The
  224  department shall maintain statistics of the businesses
  225  participating in the program. This program shall not take effect
  226  if the Federal Highway Administration advises the department in
  227  writing that implementation constitutes a loss of effective
  228  control of outdoor advertising. The local tourist-oriented
  229  commerce signs pilot program created herein shall expire June
  230  30, 2016.
  231  
  232  
  233  ================= T I T L E  A M E N D M E N T ================
  234         And the title is amended as follows:
  235         Delete line 76
  236  and insert:
  237         changes to the bill; amending s. 479.106, F.S.; revising
  238  requirements for an application for a permit to remove, cut, or
  239  trim trees or vegetation around a sign; requiring that the
  240  application include a vegetation management plan, a mitigation
  241  contribution to a trust fund, or a combination of both;
  242  providing certain evaluation criteria; providing criteria for
  243  the use of herbicides; providing a time limit within which the
  244  Department of Transportation must act; providing that the permit
  245  is valid for 5 years; providing for an extension of the permit;
  246  reducing th number of nonconforming signs that must be removed
  247  before a permit may be issued for certain signs; providing
  248  criteria for view zones; requiring the department to provide
  249  notice to the sign owner of beautification projects or
  250  vegetation planting; amending s. 479.16, F.S.; exempting signs
  251  erected under the local tourist-oriented commerce signs pilot
  252  program from certain permit requirements; exempting certain
  253  temporary signs for farm operations from permit requirements;
  254  creating s. 479.263, F.S.; creating the tourist-oriented
  255  commerce signs pilot program; exempting commercial signs that
  256  meet certain criteria from permit requirements; providing an
  257  effective date.
  258