Scenic Florida | Preserving Florida

House Bill 1147, Section 48 Contains Billboard Preemption Language

CS/HB1147, Section 48 (an amendment in committee offered by Representative Trovillion.

Section 48.  Subsections (3), (4), and (5) are added to section 479.15, Florida Statutes, to read:

479.15  Harmony of regulations.--

       (3)  It is the express intent of the Legislature to limit the state right-of-way acquisition costs on state and federal roads in eminent domain proceedings, the provisions of ss. 479.07 and 479.155 notwithstanding.  Subject to approval by the Federal Highway Administration, whenever public acquisition of land upon which is situated a lawful nonconforming sign occurs, as provided in this chapter, the sign may, at the election of its owner and the department, be relocated or reconstructed adjacent to the new right-of-way along the roadway.  The sign owner shall pay for all costs associated with relocating or reconstructing any sign under this subsection.  Neither the state nor any local government shall reimburse the sign owner for such costs.

       (4)  Such relocation shall be adjacent to the current site and the face of the sign shall not be increased in size at the point of relocation.

       (5)  In the event that relocation shall be inconsistent with the ordinances of the county or municipality within whose jurisdiction the sign is located, the ordinance of the local government shall prevail provided that the local government shall assume the responsibility to provide the owner of the sign just compensation for its removal.  Further, the provisions of this section shall not impair any existing or future agreement between a county or municipality and the owner of a sign or signs within the jurisdiction of the county or municipality.