06-12
RESOLUTION NO. 06-12
A RESOLUTION REGARDING OUTDOOR ADVERTISING AND
HIGHWAY BEAUTIFICATION; URGING THE PINELLAS
DELEGATION TO OPPOSE LEGISLATION THAT FURTHER
IMPAIRS THE AUTHORITY OF LOCAL GOVERNMENTS TO
REGULATE BILLBOARDS AND UNDERTAKE HIGHWAY
BEAUTIFICATION PROJECTS AND CREATES A NEW STATUTORY
CAUSE OF ACTION AGAINST LOCAL GOVERNMENTS, GARDEN
CLUBS AND OTHERS FOR HIGHWAY BEAUTIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has been designated a Tree City, USA; and
WHEREAS, Clearwater has completed beautification of highway medians on
Gulf-to-Bay Boulevard and other roads for the enjoyment of resident citizens and tourist
visitors with the results as illustrated in Attachment "A"; and
WHEREAS, Clearwater has an over twenty year history of controlling the visual
impact of oversize signs and has defended these rights vigorously in courts of law; and
WHEREAS, House Bill 273 and Senate Bill 566 contain language which would:
(a) restrict the ability of local governments and community
organizations to undertake highway beautification projects by
severely limiting use of the public right-of-way through the
creation of view zones in excess of those currently mandated by
Florida Statutes;
(b) create a new statutory cause of action for damages against
local governments and community organizations for screening
of billboards due to highway beautification projects, without
even any requirement for prior notice of the conditions leading
to the claim for damages;
(c) a mandate that local governments must issue permits to
increase the height of billboards where noise-attenuation
barriers are erected; and
(d) requiring local governments who refuse to issue such permits to
compensate the sign owner, even where the noise-attenuation
barrier is erected by the Florida Department of Transportation;
and
WHEREAS, the mandated view zones for billboards amount to a statutorily
mandated easement on public property for the benefit of billboard sign owners, with no
compensation to the state or local government for such de facto easement; and
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Resolution No. 06-12
"
Section 1: The City of Clearwater does hereby express its opposition to House
Bill 273 and Senate Bill 566, or similar legislation.
Section 2: The City of Clearwater urges the Pinellas Legislative Delegation to
work against House Bill 273 and Senate Bill 566, or similar legislation.
Section 3: The City Clerk is directed to send copies of this Resolution to
members of the Pinellas Legislative Delegation, the Governor, the Florida League of
Cities and the Suncoast League of Cities.
PASSED AND ADOPTED this 19th
day of January
,2006.
4~;/ ~
~ V. Hibbard
Mayor
Approved as to form:
Attest:
iJJv
Pam Akin
City Attorney
~~f;&.Q'Q'
Cynt 'a E. Goudeau./
City erk .-- -
Resolution No. 06-12
...
Attachment "A" - Gulf-to-Bay Boulevard September 1988 and March 2002
Resolution No. 06-12