Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7127, 2nd Eng.
                                Barcode 226156                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
               Floor: 1i/AD/2R         .                                
             04/30/2013 03:48 PM       .                                

       Senator Brandes moved the following:
    1         Senate Amendment to Amendment (740626) (with title
    2  amendment)
    4         Between lines 4302 and 4303
    5  insert:
    6         Section 83. Section 479.16, Florida Statutes, is amended to
    7  read:
    8         479.16 Signs for which permits are not required.—The
    9  following signs are exempt from the requirement that a permit
   10  for a sign be obtained under the provisions of this chapter but
   11  are required to comply with the provisions of s. 479.11(4)-(8),
   12  and the provisions of subsections (15)–(20) may not be
   13  implemented or continued if the Federal Government notifies the
   14  department that implementation or continuation will adversely
   15  affect the allocation of federal funds to the department:
   16         (1) Signs erected on the premises of an establishment,
   17  which signs consist primarily of the name of the establishment
   18  or which identify the principal or accessory merchandise,
   19  services, activities, or entertainment sold, produced,
   20  manufactured, or furnished on the premises of the establishment
   21  and which comply with the lighting restrictions under department
   22  rule adopted pursuant to s. 479.11(5), or signs owned by a
   23  municipality or a county located on the premises of such
   24  municipality or such county which display information regarding
   25  government services, activities, events, or entertainment. For
   26  purposes of this section, the following types of messages shall
   27  not be considered information regarding government services,
   28  activities, events, or entertainment:
   29         (a) Messages which specifically reference any commercial
   30  enterprise.
   31         (b) Messages which reference a commercial sponsor of any
   32  event.
   33         (c) Personal messages.
   34         (d) Political campaign messages.
   36  If a sign located on the premises of an establishment consists
   37  principally of brand name or trade name advertising and the
   38  merchandise or service is only incidental to the principal
   39  activity, or if the owner of the establishment receives rental
   40  income from the sign, then the sign is not exempt under this
   41  subsection.
   42         (2) Signs erected, used, or maintained on a farm by the
   43  owner or lessee of such farm and relating solely to farm
   44  produce, merchandise, service, or entertainment sold, produced,
   45  manufactured, or furnished on such farm.
   46         (3) Signs posted or displayed on real property by the owner
   47  or by the authority of the owner, stating that the real property
   48  is for sale or rent. However, if the sign contains any message
   49  not pertaining to the sale or rental of that real property, then
   50  it is not exempt under this section.
   51         (4) Official notices or advertisements posted or displayed
   52  on private property by or under the direction of any public or
   53  court officer in the performance of her or his official or
   54  directed duties, or by trustees under deeds of trust or deeds of
   55  assignment or other similar instruments.
   56         (5) Danger or precautionary signs relating to the premises
   57  on which they are located; forest fire warning signs erected
   58  under the authority of the Florida Forest Service of the
   59  Department of Agriculture and Consumer Services; and signs,
   60  notices, or symbols erected by the United States Government
   61  under the direction of the United States Forestry Service.
   62         (6) Notices of any railroad, bridge, ferry, or other
   63  transportation or transmission company necessary for the
   64  direction or safety of the public.
   65         (7) Signs, notices, or symbols for the information of
   66  aviators as to location, directions, and landings and conditions
   67  affecting safety in aviation erected or authorized by the
   68  department.
   69         (8) Signs or notices erected or maintained upon property
   70  stating only the name of the owner, lessee, or occupant of the
   71  premises and not exceeding 16 8 square feet in area.
   72         (9) Historical markers erected by duly constituted and
   73  authorized public authorities.
   74         (10) Official traffic control signs and markers erected,
   75  caused to be erected, or approved by the department.
   76         (11) Signs erected upon property warning the public against
   77  hunting and fishing or trespassing thereon.
   78         (12) Signs not in excess of 16 8 square feet that are owned
   79  by and relate to the facilities and activities of churches,
   80  civic organizations, fraternal organizations, charitable
   81  organizations, or units or agencies of government.
   82         (13) Except that Signs placed on benches, transit shelters,
   83  modular news racks, street light poles, public pay telephones,
   84  and waste receptacles, within the right-of-way, as provided for
   85  in s. 337.408 are exempt from the all provisions of this
   86  chapter.
   87         (14) Signs relating exclusively to political campaigns.
   88         (15) Signs not in excess of 16 square feet placed at a road
   89  junction with the State Highway System denoting only the
   90  distance or direction of a residence or farm operation, or,
   91  outside an incorporated in a rural area where a hardship is
   92  created because a small business is not visible from the road
   93  junction with the State Highway System, one sign not in excess
   94  of 16 square feet, denoting only the name of the business and
   95  the distance and direction to the business. The small-business
   96  sign provision of this subsection does not apply to charter
   97  counties and may not be implemented if the Federal Government
   98  notifies the department that implementation will adversely
   99  affect the allocation of federal funds to the department.
  100         (16) Signs placed by a local tourist-oriented business
  101  located within a rural area of critical economic concern, as
  102  defined by s. 288.0656(2)(d) and (e), and are:
  103         (a) Not more than 8 square feet in size or more than 4 feet
  104  in height;
  105         (b) Located only in rural areas, along non-limited access
  106  highways;
  107         (c) Located within 2 miles of the business location and are
  108  not less than 500 feet apart;
  109         (d) Located only in two directions leading to the business;
  110  and
  111         (e) Not located within the road right-of-way.
  113  A business placing such signs must be at least 4 miles from any
  114  other business using this exemption and may not participate in
  115  any other department directional signage program.
  116         (17) Signs not in excess of 32 square feet placed
  117  temporarily during harvest season of a farm operation for a
  118  period of no more than 4 months at a road junction with the
  119  State Highway System denoting only the distance or direction of
  120  the farm operation.
  121         (18) Acknowledgement signs erected upon publicly funded
  122  school premises relating to a specific public school club, team,
  123  or event placed no closer than 1,000 feet from another
  124  acknowledgement sign on the same side of the roadway. The
  125  sponsor information on an acknowledgement sign may constitute no
  126  more than 100 square feet of the sign. As used in this
  127  subsection, the term “acknowledgement signs” means signs that
  128  are intended to inform the traveling public that a public school
  129  club, team, or event has been sponsored by a person, firm, or
  130  other entity.
  131         (19) Displays erected upon a sports facility the content of
  132  which is directly related to the facility’s activities or where
  133  a presence of the products or services offered on the property
  134  exists. Displays must be mounted flush to the surface of the
  135  sports facility and must rely upon the building facade for
  136  structural support. For purposes of this subsection, the term
  137  “sports facility” means an athletic complex, athletic arena, or
  138  athletic stadium, including physically connected parking
  139  facilities, which is open to the public and has a permanent
  140  installed seating capacity of 15,000 or more.
  141         (20) The Legislature believes it is in the public interest
  142  that all welcome centers created pursuant to s. 288.12265 have
  143  the option to own, acquire, develop, construct, operate, and
  144  manage public information systems. Public information systems
  145  may only display messages to the general public concerning
  146  public service announcements, including severe weather reports,
  147  Amber Alerts, Silver Alerts, and other essential information
  148  needed by the public. Local government review or approval is not
  149  required for a public information system owned or hereafter
  150  acquired, developed, or constructed at the welcome center. A
  151  public information system is exempt from the requirements of
  152  chapter 479; provided, however, that any public information
  153  system that is subject to the Highway Beautification Act of 1965
  154  or the Manual of Uniform Transportation Control Devices must be
  155  approved by the Department of Transportation and the Federal
  156  Highway Administration if required by federal law and federal
  157  regulations.
  159  If the exemptions in subsections (15) through (20) are not
  160  implemented or continued due to Federal Government notification
  161  to the department that the allocation of federal funds to the
  162  department will be adversely impacted, the department shall
  163  provide notice to the sign owner that the sign must be removed
  164  within 30 days after receiving notice. If the sign is not
  165  removed within 30 days, the department may remove the sign, and
  166  the costs incurred in connection with the sign removal shall be
  167  assessed against and collected from the sign owner.
  169  ================= T I T L E  A M E N D M E N T ================
  170         And the title is amended as follows:
  171         Delete line 4815
  172  and insert:
  173         prohibition; providing an exception; amending s.
  174         479.16, F.S.; providing an exception if the Federal
  175         Government notifies the department that implementation
  176         or continuation will adversely affect allocation of
  177         federal funds; expanding the allowable size of certain
  178         signs or notices; expanding the placement exemption of
  179         certain signs; removing a certain small-business sign
  180         exemption; expanding the exemption requiring permits
  181         to signs placed by a local tourist-oriented business
  182         located in an area of critical economic concern, signs
  183         not in excess of a certain size placed temporarily
  184         during harvest season of a farm operation for a
  185         certain period of time, certain acknowledgement signs
  186         erected upon publicly funded school premises relating
  187         to a specific public school club, team, or event, and
  188         displays erected upon a sports facility; providing
  189         criteria for the signs; providing criteria for welcome
  190         centers to place certain signs under specified
  191         conditions; requiring the