Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1570
       
       
       
       
       
       
                                Barcode 802252                          
       
                              LEGISLATIVE ACTION                        
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       The Committee on Budget (Gaetz) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (4) and (26) of section 479.01,
    6  Florida Statutes, are amended to read:
    7         479.01 Definitions.—As used in this chapter, the term:
    8         (4) “Commercial or industrial zone” means a parcel of land
    9  designated predominantly for commercial or industrial uses under
   10  both the future land use map of the comprehensive plan and the
   11  land use development regulations adopted pursuant to chapter
   12  163. If a parcel is located in an area designated for multiple
   13  uses on the future land use map of a comprehensive plan and the
   14  zoning category of the land development regulations does not
   15  clearly designate that parcel for a specific use, the area will
   16  be considered an unzoned commercial or industrial area if it
   17  meets the criteria of subsection (26).
   18         (26) “Unzoned commercial or industrial area” means an area
   19  a parcel of land designated by the future land use map of the
   20  comprehensive plan for multiple uses that include commercial or
   21  industrial uses but are not specifically designated for
   22  commercial or industrial uses under the land development
   23  regulations, in which three or more separate and distinct
   24  conforming industrial or commercial activities are located.
   25         (a) These activities must satisfy the following criteria:
   26         1. At least one of the commercial or industrial activities
   27  must be located on the same side of the highway and within 800
   28  feet of the sign location;
   29         2. The commercial or industrial activities must be within
   30  660 feet from the nearest edge of the right-of-way; and
   31         3. The commercial industrial activities must be within
   32  1,600 feet of each other.
   33  
   34  Distances specified in this paragraph must be measured from the
   35  nearest outer edge of the primary building or primary building
   36  complex when the individual units of the complex are connected
   37  by covered walkways.
   38         (b) Certain activities, including, but not limited to, The
   39  following are, may not be so recognized as commercial or
   40  industrial activities:
   41         1. Signs.
   42         2. Agricultural, forestry, ranching, grazing, farming, and
   43  related activities, including, but not limited to, wayside fresh
   44  produce stands.
   45         3. Transient or temporary activities.
   46         4. Activities not visible from the main-traveled way.
   47         5. Activities conducted more than 660 feet from the nearest
   48  edge of the right-of-way.
   49         6. Activities conducted in a building principally used as a
   50  residence.
   51         7. Railroad tracks and minor sidings.
   52         8. Communication towers.
   53         Section 2. Subsection (7) of section 479.02, Florida
   54  Statutes, is amended to read:
   55         479.02 Duties of the department.—It shall be the duty of
   56  the department to:
   57         (7) Adopt such rules as it deems necessary to administer or
   58  proper for the administration of this chapter, including rules
   59  which identify activities that may not be recognized as
   60  industrial or commercial activities for purposes of
   61  determination of an area as an unzoned commercial or industrial
   62  area.
   63         Section 3. Section 479.106, Florida Statutes, is amended to
   64  read:
   65         479.106 Vegetation management.—
   66         (1) The removal, cutting, or trimming of trees or
   67  vegetation on public right-of-way to make visible or to ensure
   68  future visibility of the facing of a proposed sign or previously
   69  permitted sign shall be performed only with the written
   70  permission of the department in accordance with the provisions
   71  of this section.
   72         (2) Any person desiring to engage in the removal, cutting,
   73  or trimming of trees or vegetation for the purposes herein
   74  described shall apply for an appropriate permit by make written
   75  application to the department. The application for a permit must
   76  shall include one of the following, at the election of the
   77  applicant:
   78         (a) A vegetation management plan consisting of a property
   79  sketch indicating the onsite location of the vegetation or
   80  individual trees to be removed, cut, or trimmed and describing
   81  the existing conditions and proposed work to be accomplished.
   82         (b) Mitigation contribution to the Federal Grants Trust
   83  Fund pursuant to s. 589.277(2) using values of a wholesale plant
   84  nursery registered with the Division of Plant Industry of the
   85  Department of Agriculture and Consumer Services.
   86         (c) A combination of both a vegetation management plan and
   87  mitigation contribution the applicant’s plan for the removal,
   88  cutting, or trimming and for the management of any vegetation
   89  planted as part of a mitigation plan.
   90         (3) In evaluating a vegetation management plan or
   91  mitigation contribution, the department As a condition of any
   92  removal of trees or vegetation, and where the department deems
   93  appropriate as a condition of any cutting or trimming, the
   94  department may require a vegetation management plan, approved by
   95  the department, which considers conservation and mitigation, or
   96  contribution to a plan of mitigation, for the replacement of
   97  such vegetation. Each plan or contribution shall reasonably
   98  evaluate the application as it relates relate to the vegetation
   99  being affected by the application, taking into consideration the
  100  condition of such vegetation, and, where appropriate, may
  101  require a vegetation management plan to consider conservation
  102  and mitigation, or contribution to a plan of mitigation, for the
  103  cutting or removal of such vegetation. The department may
  104  approve shall include plantings that which will allow reasonable
  105  visibility of sign facings while screening sign structural
  106  supports. Only herbicides approved by the Department of
  107  Agriculture and Consumer Services may be used in the removal of
  108  vegetation. The department shall act on the application for
  109  approval of vegetation management plans, or approval of
  110  mitigation contribution, within 30 days after receipt of such
  111  application. A permit issued in response to such application is
  112  valid for 5 years, may be renewed for an additional 5 years by
  113  payment of the applicable application fee, and is binding upon
  114  the department. The department may establish special mitigation
  115  programs for the beautification and aesthetic improvement of
  116  designated areas and permit individual applicants to contribute
  117  to such programs as a part or in lieu of other mitigation
  118  requirements.
  119         (4) The department may establish an application fee not to
  120  exceed $25 for each individual application to defer the costs of
  121  processing such application and a fee not to exceed $200 to
  122  defer the costs of processing an application for multiple sites.
  123         (5) The department may only grant a permit pursuant to s.
  124  479.07 for a new sign which requires the removal, cutting, or
  125  trimming of existing trees or vegetation on public right-of-way
  126  for the sign face to be visible from the highway when the sign
  127  owner has removed one at least two nonconforming sign signs of
  128  approximate comparable size and surrendered the permits for the
  129  nonconforming signs to the department for cancellation. For
  130  signs originally permitted after July 1, 1996, no permit for the
  131  removal, cutting, or trimming of trees or vegetation shall be
  132  granted where such trees or vegetation are part of a
  133  beautification project implemented prior to the date of the
  134  original sign permit application, when the beautification
  135  project is specifically identified in the department’s
  136  construction plans, permitted landscape projects, or agreements.
  137         (6) As a minimum, view zones shall be established along the
  138  public rights-of-way of interstate highways, expressways,
  139  federal-aid primary highways, and the State Highway System in
  140  the state, excluding privately or other publicly owned property,
  141  as follows:
  142         (a) A view zone of 350 feet for posted speed limits of 35
  143  miles per hour or less.
  144         (b) A view zone of 500 feet for posted speed limits of more
  145  than 35 miles per hour.
  146  
  147  The established view zone shall be within the first 1,000 feet
  148  measured along the edge of the pavement in the direction of
  149  approaching traffic from a point on the edge of the pavement
  150  perpendicular to the edge of the sign facing nearest the highway
  151  and shall be continuous unless interrupted by vegetation that
  152  has established historical significance, is protected by state
  153  law, or has a circumference, measured at 4 1/2 feet above grade,
  154  which is equal to or greater than 70 percent of the
  155  circumference of the Florida Champion of the same species as
  156  listed in the Florida Register of Big Trees of the Florida
  157  Native Plant Society. The sign owner may designate the specific
  158  location of the view zone for each sign facing. In the absence
  159  of such designation, the established view zone shall be measured
  160  from the sign along the edge of the pavement in the direction of
  161  approaching traffic as provided in this subsection.
  162         (7)(6) Beautification projects, trees, or other vegetation
  163  shall not be planted or located in the view zone of legally
  164  erected and permitted outdoor advertising signs which have been
  165  permitted prior to the date of the beautification project or
  166  other planting, where such planting will, at the time of
  167  planting or after future growth, screen such sign from view. The
  168  department shall provide written notice to the owner at least 90
  169  days before commencing a beautification project or other
  170  vegetation planting that may affect a sign, allowing such owner
  171  at least 60 days to designate the specific location of the view
  172  zone of such affected sign. A sign owner is not required to
  173  prepare a vegetation management plan or secure a vegetation
  174  management permit for the implementation of beautification
  175  projects.
  176         (a) View zones are established along the public rights-of
  177  way of interstate highways, expressways, federal-aid primary
  178  highways, and the State Highway System in the state, excluding
  179  privately or other publicly owned property, as follows:
  180         1. A view zone of 350 feet for posted speed limits of 35
  181  miles per hour or less.
  182         2. A view zone of 500 feet for posted speed limits of over
  183  35 miles per hour.
  184         (b) The established view zone shall be within the first
  185  1,000 feet measured along the edge of the pavement in the
  186  direction of approaching traffic from a point on the edge of the
  187  pavement perpendicular to the edge of the sign facing nearest
  188  the highway and shall be continuous unless interrupted by
  189  existing, naturally occurring vegetation. The department and the
  190  sign owner may enter into an agreement identifying the specific
  191  location of the view zone for each sign facing. In the absence
  192  of such agreement, the established view zone shall be measured
  193  from the sign along the edge of the pavement in the direction of
  194  approaching traffic as provided in this subsection.
  195         (a)(c) If a sign owner alleges any governmental entity or
  196  other party has violated this subsection, the sign owner must
  197  provide 90 days’ written notice to the governmental entity or
  198  other party allegedly violating this subsection. If the alleged
  199  violation is not cured by the governmental entity or other party
  200  within the 90-day period, the sign owner may file a claim in the
  201  circuit court where the sign is located. A copy of such
  202  complaint shall be served contemporaneously upon the
  203  governmental entity or other party. If the circuit court
  204  determines a violation of this subsection has occurred, the
  205  court shall award a claim for compensation equal to the lesser
  206  of the revenue from the sign lost during the time of screening
  207  or the fair market value of the sign, and the governmental
  208  entity or other party shall pay the award of compensation
  209  subject to available appeal. Any modification or removal of
  210  material within a beautification project or other planting by
  211  the governmental entity or other party to cure an alleged
  212  violation shall not require the issuance of a permit from the
  213  Department of Transportation provided not less than 48 hours’
  214  notice is provided to the department of the modification or
  215  removal of the material. A natural person, private corporation,
  216  or private partnership licensed under part II of chapter 481
  217  providing design services for beautification or other projects
  218  shall not be subject to a claim of compensation under this
  219  section when the initial project design meets the requirements
  220  of this section.
  221         (b)(d) This subsection shall not apply to the provisions of
  222  any existing written agreement executed before July 1, 2006,
  223  between any local government and the owner of an outdoor
  224  advertising sign.
  225         (8)(7) Any person engaging in removal, cutting, or trimming
  226  of trees or vegetation in violation of this section or
  227  benefiting from such actions shall be subject to an
  228  administrative penalty of up to $1,000 and required to mitigate
  229  for the unauthorized removal, cutting, or trimming in such
  230  manner and in such amount as may be required under the rules of
  231  the department.
  232         (9)(8) The intent of this section is to create partnering
  233  relationships which will have the effect of improving the
  234  appearance of Florida’s highways and creating a net increase in
  235  the vegetative habitat along the roads. Department rules shall
  236  encourage the use of plants which are low maintenance and native
  237  to the general region in which they are planted.
  238         Section 4. Subsections (16) and (17) are added to section
  239  479.16, Florida Statutes, to read:
  240         479.16 Signs for which permits are not required.—The
  241  following signs are exempt from the requirement that a permit
  242  for a sign be obtained under the provisions of this chapter but
  243  are required to comply with the provisions of s. 479.11(4)-(8):
  244         (16)Signs erected under the local tourist-oriented
  245  commerce signs pilot program under s. 479.263.
  246         (17)Signs not in excess of 32 square feet placed
  247  temporarily during harvest season of a farm operation for a
  248  period of no more than 4 months at a road junction with the
  249  State Highway System denoting only the distance or direction of
  250  the farm operation. The temporary farm operation harvest sign
  251  provision under this subsection may not be implemented if the
  252  Federal Government notifies the department that implementation
  253  will adversely affect the allocation of federal funds to the
  254  department.
  255         Section 5. Section 479.263, Florida Statutes, is created to
  256  read:
  257         479.263 Tourist-oriented commerce signs pilot program.—The
  258  local tourist-oriented commerce signs pilot program is created
  259  in rural areas of critical economic concern as defined by s.
  260  288.0656(2)(d) and (e). Signs erected under this program do not
  261  require a permit under this chapter.
  262         (1) A local tourist-oriented business that is a small
  263  business as defined in s. 288.703 may erect a sign that meets
  264  the following criteria:
  265         (a) The signs are not more than 8 square feet in size or
  266  more than 4 feet in height.
  267         (b) The signs are located only in rural areas along
  268  highways that are not limited access highways.
  269         (c) The signs are located within 2 miles of the business
  270  location and at least 500 feet apart.
  271         (d) The advertising copy on the signs consists only of the
  272  name of the business or the principal or accessory merchandise
  273  or services sold or furnished on the premises of the business.
  274         (2) A business placing such signs under this section:
  275         (a) Must be a minimum of 4 miles from any other business
  276  placing signs under this program.
  277         (b) May not participate in the logo sign program authorized
  278  under s. 479.261 or the tourist-oriented directional sign
  279  program authorized under s. 479.262.
  280         (3)Businesses that are conducted in a building principally
  281  used as a residence are not eligible to participate.
  282         (4) Each business using this program must notify the
  283  department in writing of its intent to do so before placing
  284  signs. The department shall maintain statistics of the
  285  businesses participating in the program. This program shall not
  286  take effect if the Federal Highway Administration advises the
  287  department in writing that implementation constitutes a loss of
  288  effective control of outdoor advertising.
  289         (5) This section expires June 30, 2016.
  290         Section 6. This act shall take effect July 1, 2011.
  291  
  292  ================= T I T L E  A M E N D M E N T ================
  293         And the title is amended as follows:
  294         Delete everything before the enacting clause
  295  and insert:
  296                        A bill to be entitled                      
  297         An act relating to transportation; amending s. 479.01,
  298         F.S.; redefining the terms “commercial or industrial
  299         zone” and “unzoned commercial or industrial area”;
  300         amending s. 479.02, F.S.; deleting obsolete
  301         provisions; amending s. 479.106, F.S.; revising
  302         requirements for an application for a permit to
  303         remove, cut, or trim trees or vegetation around a
  304         sign; requiring that the application include a
  305         vegetation management plan, a mitigation contribution
  306         to a trust fund, or a combination of both; providing
  307         certain evaluation criteria; providing criteria for
  308         the use of herbicides; providing a time limit within
  309         which the Department of Transportation must act;
  310         providing that the permit is valid for 5 years;
  311         providing for an extension of the permit; reducing the
  312         number of nonconforming signs that must be removed
  313         before a permit may be issued for certain signs;
  314         providing criteria for view zones; requiring the
  315         department to provide notice to the sign owner of
  316         beautification projects or vegetation planting;
  317         amending s. 479.16, F.S.; exempting signs erected
  318         under the local tourist-oriented commerce signs pilot
  319         program from certain permit requirements; exempting
  320         certain temporary signs for farm operations from
  321         permit requirements; creating s. 479.263, F.S.;
  322         creating the tourist-oriented commerce signs pilot
  323         program; providing an effective date.