Bill Text: FL H1371 | 2011 | Regular Session | Introduced
Bill Title: Billboard Regulation
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1371 Detail]
Download: Florida-2011-H1371-Introduced.html
HB 1371 |
1 | |
2 | An act relating to billboard regulation; amending s. |
3 | 479.01, F.S.; revising and clarifying definitions relating |
4 | to the regulation of billboards; amending s. 479.16, F.S.; |
5 | exempting signs placed under the local tourist-oriented |
6 | commerce signs pilot program from certain permit |
7 | requirements; creating s. 479.263, F.S.; creating the |
8 | local tourist-oriented commerce signs pilot program under |
9 | certain conditions; providing criteria; providing for |
10 | expiration of the program; providing an effective date. |
11 | |
12 | Be It Enacted by the Legislature of the State of Florida: |
13 | |
14 | Section 1. Subsections (4) and (26) of section 479.01, |
15 | Florida Statutes, are amended to read: |
16 | 479.01 Definitions.-As used in this chapter, the term: |
17 | (4) "Commercial or industrial zone" means a parcel of land |
18 | designated predominantly for commercial or industrial uses under |
19 | both the future land use map of the comprehensive plan and the |
20 | land use development regulations adopted pursuant to chapter |
21 | 163. If a parcel is located in an area designated for multiple |
22 | uses on the future land use map of a comprehensive plan and the |
23 | zoning category of the land development regulations does not |
24 | clearly designate that parcel for a specific use, the area will |
25 | be considered an unzoned commercial or industrial area if it |
26 | meets the criteria of subsection (26). |
27 | (26) "Unzoned commercial or industrial area" means an area |
28 | |
29 | comprehensive plan for multiple uses that include commercial or |
30 | industrial uses but are not specifically designated for |
31 | commercial or industrial uses under the land development |
32 | regulations, in which three or more separate and distinct |
33 | conforming industrial or commercial activities are located. |
34 | (a) These activities must satisfy only the following |
35 | criteria: |
36 | 1. At least one of the commercial or industrial activities |
37 | must be located on the same side of the highway and within 800 |
38 | feet of the sign location; |
39 | 2. The commercial or industrial activities must be within |
40 | 660 feet from the nearest edge of the right-of-way; and |
41 | 3. The commercial industrial activities must be within |
42 | 1,600 feet of each other. |
43 | |
44 | Distances specified in this paragraph must be measured from the |
45 | nearest outer edge of the primary building or primary building |
46 | complex when the individual units of the complex are connected |
47 | by covered walkways. |
48 | (b) Certain activities, including, but not limited to, the |
49 | following, may not be so recognized as commercial or industrial |
50 | activities: |
51 | 1. Signs. |
52 | 2. Agricultural, forestry, ranching, grazing, farming, and |
53 | related activities, including, but not limited to, wayside fresh |
54 | produce stands. |
55 | 3. Transient or temporary activities. |
56 | 4. Activities not visible from the main-traveled way. |
57 | 5. Activities conducted more than 660 feet from the |
58 | nearest edge of the right-of-way. |
59 | 6. Activities conducted in a building principally used as |
60 | a residence. |
61 | 7. Railroad tracks and minor sidings. |
62 | 8. Communication towers. |
63 | Section 2. Subsection (16) is added to section 479.16, |
64 | Florida Statutes, to read: |
65 | 479.16 Signs for which permits are not required.-The |
66 | following signs are exempt from the requirement that a permit |
67 | for a sign be obtained under the provisions of this chapter but |
68 | are required to comply with the provisions of s. 479.11(4)-(8): |
69 | (16) Signs erected under the local tourist-oriented |
70 | commerce signs pilot program pursuant to s. 479.263. |
71 | Section 3. Section 479.263, Florida Statutes, is created |
72 | to read: |
73 | 479.263 Tourist-oriented commerce signs pilot program.-The |
74 | local tourist-oriented commerce signs pilot program is created |
75 | in rural areas of critical economic concern as defined by s. |
76 | 288.0656(2)(d) and (e). A permit under this chapter is not |
77 | required for signs erected under this program. |
78 | (1) A local tourist-oriented business that is a small |
79 | business as defined in s. 288.703 may erect signs that meet the |
80 | following criteria: |
81 | (a) Signs not more than 8 square feet in size or more than |
82 | 4 feet in height. |
83 | (b) Signs located only in rural areas along highways that |
84 | are not limited access highways. |
85 | (c) Signs located within 2 miles of the business location |
86 | and not less than 500 feet apart. |
87 | (d) The advertising copy on the signs consists only of the |
88 | name of the business or the principle or accessory merchandise |
89 | or services sold or furnished on the premises of the business. |
90 | (2) A business placing such signs under this section: |
91 | (a) Must be a minimum of 4 miles from any other business |
92 | placing signs under this program. |
93 | (b) May not participate in the logo sign program |
94 | authorized pursuant to s. 479.261 or the tourist-oriented |
95 | directional sign program authorized pursuant to s. 479.262. |
96 | (3) A business that is conducted in a building principally |
97 | used as a residence is not eligible to participate in this |
98 | program. |
99 | (4) Before placing signs under this program, a business |
100 | must notify the department in writing of its intent to do so. |
101 | (5) The department shall maintain records of the |
102 | businesses participating in the program. |
103 | (6) The program shall not take effect if the Federal |
104 | Highway Administration advises the department in writing that |
105 | implementation constitutes a loss of effective control of |
106 | outdoor advertising. |
107 | (7) The local tourist-oriented commerce signs pilot |
108 | program created in this section expires June 30, 2016. |
109 | Section 4. This act shall take effect July 1, 2011. |
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