91-10
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RESOLUTION NO. 91-10
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, proposed legislation under consideration by the 1991 Florida
Legislature will, if enacted, prohibit the use of the amortization method of
payment whenever a governmental entity causes the removal or alteration of any
lawfully erected 1I0ff premisesu sign along any public street or highwaYi and
WHEREAS, the City of Clearwater and many other Florida cities and counties
have adopted comprehensive sign regulations including, among other things, an
amortization period for nonconforming signs: and
WHEREAS, at least four Florida cities--Gainesville, Orlando, Tallahassee,
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and Daytona Beach--have successfully defended their sign regulations in state or
federal court1 on the issue of whether a reasonable amortization period is
adequate compensation and a valid alternative to cash compensation: now,
therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Commission of the City of Clearwater hereby expresses
its opposition to the proposed legislation relating to outdoor advertising under
consideration by the 1991 Florida Legislature for the following reasons:
1. 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.
2. 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
Constitution.
3. The City of Clearwater, a resort community with several miles of
beaches, relies heavi1y 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 community, and that the City of Clearwater's sign
'regulations directly advance a legitimate governmental interest by helping to
e~iminate visual clutter and improving the visual character of the City.2
4. Because of the large number of signs which will be removed, ~educed
in size or otherwise altered pursuant to local government sign regulations,
requiring cash compensation to the owners will constitute a prohibitive tax
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burden on local government taxpayers, and will likely cause local governments to
abandon entirely their efforts to regulate outdoor signs.
5. The proposed legislation will impose a mandate upon all local
governments which have already adopted, or which may elect to adopt, sign
regulations, contrary to the Florida Constitution as amended by the voters of
Florida in 1990.
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 Z. This resolution shall take effect immediately upon adoption.
Section 3. The City Clerk shall, upon adoption, distribute copies of this
resolution by mail to the presiding officers of the Florida Senate and House of
Representatives, the members of the Pinellas County Legislative Delegation, the
chairmen and members of the House and Senate committees to which the proposed
legislation has been referred, and to the sponsors of the proposed legislation.
PASSED AND ADOPTED this 18th day of March, 1991.
Ilk
Rlta Garvey
Mayor-Commissioner
Attest:
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Cyn a E. Gou eali
Cit Clerk
2.00nls Porta Sians v. City of Clearwater, 829 F.2d 1051 (11th Cir. 1987).
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