90-21
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RESOLUTION NO. 90-21
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA, TO THE FLORIDA LEGISLATURE
EXPRESSING OPPOSITION TO PROPOSED LEGISLATION RELATING
TO THE SUBJECT OF OUTDOOR ADVERTISING.
WHEREAS; there is proposed legislation under consideration by the 1990
Florida Legislature which will, if enacted, prohibit each local governmental
entity from using the amortization method of payment whenever the governmental
entity causes the removal or alteration of any lawfully erected sign along any
public street or highway, if the subject matter of the sign relates to premises
other than the premises on which the sign is located or to merchandise, services,
activities or entertainment not sold, produced, manufactured or furnished on the
premises on which the sign is locatedj and
WHEREAS, the City of Clearwater, like many other cities and counties in
the State of Florida, has ,exercised its powers of home rule under the Florida
Constitution by adopting comprehensive sign regulations including, among other
things, a 7-year amortization period for otherwise lawful signs which have become
nonconforming because of adoption of the sign regulations; and
WHEREAS, the City of Clearwater opposes the proposed legislation relating
to outdoor advertising for the reasons set forth in this resolutionj now,
. therefore I
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Connnission of the City of Clearwate)' hereby expresses
its opposition to the proposed legislation relating to outdoor advertising under
consideration by the 1990 Florida Legislature for the following reasons:
1. Because of the large number of signs which will be removed, reduced
in size or otherwise altered pursuant to local government sign regulations,
requiring compensation to the owner will constitute a prohibitive tax burden on
local government taxpayers, and will likely cause local governments to abandon
entirely their efforts to regulate outdoor signs.
2. The Fifth District Court of Appeal of the State of Florida has
already determined that a reasonable amortization period for nonconforming signs
is a valid alternative to compensation. 'lamar Advertisina Associates of East
Florida v. City of Davtona Beach, 450 So.2d 1145 (Fla. 5th DCA 1984), review
denied 458 So.2d 272 (Fla. 1984).
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3. The regulation of outdoor signs is highly desirable for aesthetic
reasons, and aesthetics alone have been found to be a sufficient justification
for the regulation of outdoor signs. Naeaele Outdoor Advertisina v. City of
Durham, 844 F.2d 172 (4th Cir. 1988).
4. The promotion of aesthetic considerations by local government sign
regulations is consistent with the policy of the State of Florida to conserve
and protect the scenic beauty of the State. Article II, Section 7, Florida
Const itut ion.
5, The City of Clearwater, a resort community with several miles of
beaches, relies heavily on tourism. The Eleventh Circuit Court of Appeals of
the United States has recognized that preserving a visually attractive
environment is of great importance to the connllunity, and that the City of
Clearwater's sign regulations directly advance a legitimate governmental interest
by helping to eliminate visual clutter and improving the visual character of the
City. Don's Porta SiQns v. City of Clearwater, 829 F.2d 1051 (11th Cir. 1987).
6. The proposed legislation is contrary to home rule, will deprive local
governments of hard-won victories obtained in state and federal courts, and will
defeat the objective of conserving and protecting the scenic beauty of the state
through the regulation of outdoor signs at the local government level.
Section 2. This resolution shall take effect immediately upon adoption.
Section 3. The City Clerk shall, upon adoption, distribute copies of this
resolution by nlail to the presiding officers of the Florida Senate and House of
Representatives, the members of the Pinellas County Legislative Delegation, the
chairmen of the committees to which the proposed legislation has been referred,
and to the sponsors of the proposed legislation.
PASSED AND ADOPTED this 17th day of May, 1990.
Rl a arvey
Mayor-Commissioner
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Uary . Diana " ' ,
Assistant City Clerk:
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