Florida Senate - 2013                      CS for CS for SB 1632
       
       
       
       By the Committees on Appropriations; and Transportation; and
       Senator Latvala
       
       
       
       576-03538-13                                          20131632c2
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s. 337.25,
    3         F.S.; authorizing the Department of Transportation to
    4         use auction services in the conveyance of certain
    5         property or leasehold interests; revising certain
    6         inventory requirements; revising provisions and
    7         providing criteria for the department to dispose of
    8         certain excess property; providing such criteria for
    9         the disposition of donated property, property used for
   10         a public purpose, or property acquired to provide
   11         replacement housing for certain displaced persons;
   12         providing value offsets for property that requires
   13         significant maintenance costs or exposes the
   14         department to significant liability; providing
   15         procedures for the sale of property to abutting
   16         property owners; deleting provisions to conform to
   17         changes made by the act; providing monetary
   18         restrictions and criteria for the conveyance of
   19         certain leasehold interests; providing exceptions to
   20         restrictions for leases entered into for a public
   21         purpose; providing criteria for the preparation of
   22         estimates of value prepared by the department;
   23         providing that the requirements of s. 73.013, F.S.,
   24         relating to eminent domain, are not modified;
   25         providing that certain programs approved by the
   26         Federal Government relating to the maintenance of
   27         highway roadside rights-of-way must be submitted to
   28         the Legislature for approval; amending provisions of
   29         ch. 479, F.S., relating to outdoor advertising signs;
   30         amending s. 479.01, F.S.; revising and deleting
   31         definitions; amending s. 479.02, F.S.; revising powers
   32         of the department relating to nonconforming signs;
   33         deleting a requirement that the department adopt
   34         certain rules; creating s. 479.024, F.S.; limiting the
   35         placement of signs in commercial or industrial zones;
   36         defining the terms “parcel” and “utilities”; providing
   37         mandatory criteria for local governments to use in
   38         determining zoning for commercial or industrial
   39         parcels; providing that certain parcels are considered
   40         unzoned commercial or industrial areas; providing that
   41         specified uses may not be independently recognized as
   42         commercial or industrial areas; providing an appeal
   43         process for an applicant whose permit is denied;
   44         requiring an applicant whose application is denied to
   45         remove an existing sign pertaining to the application;
   46         requiring the department to reduce certain
   47         transportation funding in certain circumstances;
   48         amending s. 479.03, F.S.; providing for notice to
   49         owners of intervening privately owned lands before
   50         entering upon such lands to remove an illegal sign;
   51         amending s. 479.04, F.S.; providing that an outdoor
   52         advertising license is not required solely to erect
   53         outdoor signs or structures; amending s. 479.05, F.S.;
   54         authorizing the department to suspend a license for
   55         certain offenses and specifying activities that the
   56         licensee may engage in during the suspension; amending
   57         s. 479.07, F.S.; revising requirements for obtaining
   58         sign permits; conforming and clarifying provisions;
   59         requiring an application fee; revising sign placement
   60         requirements for signs on certain highways; deleting
   61         provisions that establish a pilot program relating to
   62         placement and removing a permit reinstatement fee;
   63         amending s. 479.08, F.S.; clarifying provisions
   64         relating to the denial or revocation of a permit
   65         because of false or misleading information in the
   66         permit application; amending s. 479.10, F.S.;
   67         providing for cancellation of a permit; amending s.
   68         479.105, F.S.; revising notice requirements to owners
   69         and advertisers relating to signs erected or
   70         maintained without a permit; revising procedures
   71         providing for the department to issue a permit as a
   72         conforming or nonconforming sign to the owner of an
   73         unpermitted sign; amending s. 479.106, F.S.;
   74         increasing an administrative penalty for illegally
   75         removing certain vegetation; amending s. 479.107,
   76         F.S.; deleting fines for certain signs on highway
   77         rights-of-way; amending s. 479.111, F.S.; clarifying
   78         provisions relating to signs allowed on certain
   79         highways; amending s. 479.15, F.S.; deleting a
   80         definition; clarifying and conforming provisions
   81         related to permitted signs on property that is the
   82         subject of public acquisition; amending s. 479.156,
   83         F.S.; clarifying provisions related to the regulation
   84         of wall murals; amending s. 479.16, F.S.; providing
   85         that certain provisions relating to the regulation of
   86         signs may not be implemented or continued if such
   87         actions will adversely affect the allocation of
   88         federal funds to the department; exempting from permit
   89         requirements certain signs placed by tourist-oriented
   90         businesses, certain farm signs during harvest season,
   91         acknowledgement signs on publicly funded school
   92         premises, and certain displays on specific sports
   93         facilities; providing for the removal of signs if
   94         certain exemptions do not apply because the allocation
   95         of federal funds to the department will be adversely
   96         impacted; amending s. 479.24, F.S.; clarifying
   97         provisions relating to compensation paid for the
   98         department’s acquisition of lawful signs; amending s.
   99         479.25, F.S.; requiring a local government to grant a
  100         variance or waiver to a local ordinance or regulation
  101         to allow the owner of a lawfully permitted sign to
  102         increase the height of the sign if a noise-attenuation
  103         barrier is permitted by or erected by a governmental
  104         entity in a way that interferes with the visibility of
  105         the sign; deleting provisions to conform; amending s.
  106         479.261, F.S.; conforming provisions related to a logo
  107         sign program on limited access highways; amending s.
  108         479.313, F.S.; requiring a permittee to pay the cost
  109         of removing certain signs following the cancellation
  110         of the permit for the sign; repealing s. 76 of chapter
  111         2012-174, Laws of Florida, relating to authorizing the
  112         department to seek Federal Highway Administration
  113         approval of a tourist-oriented commerce sign pilot
  114         program and directing the department to submit the
  115         approved pilot program for legislative approval;
  116         providing an effective date.
  117  
  118  Be It Enacted by the Legislature of the State of Florida:
  119  
  120         Section 1. Section 337.25, Florida Statutes, is amended to
  121  read:
  122         337.25 Acquisition, lease, and disposal of real and
  123  personal property.—
  124         (1)(a) The department may purchase, lease, exchange, or
  125  otherwise acquire any land, property interests, or buildings or
  126  other improvements, including personal property within such
  127  buildings or on such lands, necessary to secure or utilize
  128  transportation rights-of-way for existing, proposed, or
  129  anticipated transportation facilities on the State Highway
  130  System, on the State Park Road System, in a rail corridor, or in
  131  a transportation corridor designated by the department. Such
  132  property shall be held in the name of the state.
  133         (b) The department may accept donations of any land or
  134  buildings or other improvements, including personal property
  135  within such buildings or on such lands with or without such
  136  conditions, reservations, or reverter provisions as are
  137  acceptable to the department. Such donations may be used as
  138  transportation rights-of-way or to secure or utilize
  139  transportation rights-of-way for existing, proposed, or
  140  anticipated transportation facilities on the State Highway
  141  System, on the State Park Road System, or in a transportation
  142  corridor designated by the department.
  143         (c) When lands, buildings, or other improvements are needed
  144  for transportation purposes, but are held by a federal, state,
  145  or local governmental entity and utilized for public purposes
  146  other than transportation, the department may compensate the
  147  entity for such properties by providing functionally equivalent
  148  replacement facilities. The providing of replacement facilities
  149  under this subsection may only be undertaken with the agreement
  150  of the governmental entity affected.
  151         (d) The department may contract pursuant to s. 287.055 for
  152  auction services used in the conveyance of real or personal
  153  property or the conveyance of leasehold interests under the
  154  provisions of subsections (4) and (5). The contract may allow
  155  for the contractor to retain a portion of the proceeds as
  156  compensation for the contractor’s services.
  157         (2) A complete inventory shall be made of all real or
  158  personal property immediately upon possession or acquisition.
  159  Such inventory shall include a statement of the location or site
  160  of each piece of realty, structure, or severable item an
  161  itemized listing of all appliances, fixtures, and other
  162  severable items; a statement of the location or site of each
  163  piece of realty, structure, or severable item; and the serial
  164  number assigned to each. Copies of each inventory shall be filed
  165  in the district office in which the property is located. Such
  166  inventory shall be carried forward to show the final disposition
  167  of each item of property, both real and personal.
  168         (3) The inventory of real property which was acquired by
  169  the state after December 31, 1988, which has been owned by the
  170  state for 10 or more years, and which is not within a
  171  transportation corridor or within the right-of-way of a
  172  transportation facility shall be evaluated to determine the
  173  necessity for retaining the property. If the property is not
  174  needed for the construction, operation, and maintenance of a
  175  transportation facility, or is not located within a
  176  transportation corridor, the department may dispose of the
  177  property pursuant to subsection (4).
  178         (4) The department may convey sell, in the name of the
  179  state, any land, building, or other property, real or personal,
  180  which was acquired under the provisions of subsection (1) and
  181  which the department has determined is not needed for the
  182  construction, operation, and maintenance of a transportation
  183  facility. With the exception of any parcel governed by paragraph
  184  (c), paragraph (d), paragraph (f), paragraph (g), or paragraph
  185  (i), the department shall afford first right of refusal to the
  186  local government in the jurisdiction of which the parcel is
  187  situated. When such a determination has been made, property may
  188  be disposed of through negotiations, sealed competitive bids,
  189  auctions, or any other means the department deems to be in its
  190  best interest, with due advertisement for property valued by the
  191  department at greater than $10,000. A sale may not occur at a
  192  price less than the department’s current estimate of value,
  193  except as provided in paragraphs (a)-(d). The department may
  194  afford a right of first refusal to the local government or other
  195  political subdivision in the jurisdiction in which the parcel is
  196  situated, except in conveyances transacted under paragraph (a),
  197  paragraph (c), or paragraph (e). in the following manner:
  198         (a) If the value of the property has been donated to the
  199  state for transportation purposes and a facility has not been
  200  constructed for a period of at least 5 years, plans have not
  201  been prepared for the construction of such facility, and the
  202  property is not located in a transportation corridor, the
  203  governmental entity may authorize reconveyance of the donated
  204  property for no consideration to the original donor or the
  205  donor’s heirs, successors, assigns, or representatives is
  206  $10,000 or less as determined by department estimate, the
  207  department may negotiate the sale.
  208         (b) If the value of the property is to be used for a public
  209  purpose, the property may be conveyed without consideration to a
  210  governmental entity exceeds $10,000 as determined by department
  211  estimate, such property may be sold to the highest bidder
  212  through receipt of sealed competitive bids, after due
  213  advertisement, or by public auction held at the site of the
  214  improvement which is being sold.
  215         (c) If the property was originally acquired specifically to
  216  provide replacement housing for persons displaced by
  217  transportation projects, the department may negotiate for the
  218  sale of such property as replacement housing. As compensation,
  219  the state shall receive no less than its investment in such
  220  property or the department’s current estimate of value,
  221  whichever is lower. It is expressly intended that this benefit
  222  be extended only to persons actually displaced by the project.
  223  Dispositions to any other person must be for no less than the
  224  department’s current estimate of value, in the discretion of the
  225  department, public sale would be inequitable, properties may be
  226  sold by negotiation to the owner holding title to the property
  227  abutting the property to be sold, provided such sale is at a
  228  negotiated price not less than fair market value as determined
  229  by an independent appraisal, the cost of which shall be paid by
  230  the owner of the abutting land. If negotiations do not result in
  231  the sale of the property to the owner of the abutting land and
  232  the property is sold to someone else, the cost of the
  233  independent appraisal shall be borne by the purchaser; and the
  234  owner of the abutting land shall have the cost of the appraisal
  235  refunded to him or her. If, however, no purchase takes place,
  236  the owner of the abutting land shall forfeit the sum paid by him
  237  or her for the independent appraisal. If, due to action of the
  238  department, the property is removed from eligibility for sale,
  239  the cost of any appraisal prepared shall be refunded to the
  240  owner of the abutting land.
  241         (d) If the department determines that the property will
  242  require significant costs to be incurred or that continued
  243  ownership of the property exposes the department to significant
  244  liability risks, the department may use the projected
  245  maintenance costs over the next 10 years to offset the
  246  property’s value in establishing a value for disposal of the
  247  property, even if that value is zero property acquired for use
  248  as a borrow pit is no longer needed, the department may sell
  249  such property to the owner of the parcel of abutting land from
  250  which the borrow pit was originally acquired, provided the sale
  251  is at a negotiated price not less than fair market value as
  252  determined by an independent appraisal, the cost of which shall
  253  be paid by the owner of such abutting land.
  254         (e) If, in the discretion of the department, a sale to
  255  anyone other than an abutting property owner would be
  256  inequitable, the property may be sold to the abutting owner for
  257  the department’s current estimate of value. If the department
  258  begins the process for disposing of the property on its own
  259  initiative, either by negotiation under the provisions of
  260  paragraph (a), paragraph (c), or paragraph (d), or paragraph
  261  (i), or by receipt of sealed competitive bids or public auction
  262  under the provisions of paragraph (b) or paragraph (i), a
  263  department staff appraiser may determine the fair market value
  264  of the property by an appraisal.
  265         (f) Any property which was acquired by a county or by the
  266  department using constitutional gas tax funds for the purpose of
  267  a right-of-way or borrow pit for a road on the State Highway
  268  System, State Park Road System, or county road system and which
  269  is no longer used or needed by the department may be conveyed
  270  without consideration to that county. The county may then sell
  271  such surplus property upon receipt of competitive bids in the
  272  same manner prescribed in this section.
  273         (g) If a property has been donated to the state for
  274  transportation purposes and the facility has not been
  275  constructed for a period of at least 5 years and no plans have
  276  been prepared for the construction of such facility and the
  277  property is not located in a transportation corridor, the
  278  governmental entity may authorize reconveyance of the donated
  279  property for no consideration to the original donor or the
  280  donor’s heirs, successors, assigns, or representatives.
  281         (h) If property is to be used for a public purpose, the
  282  property may be conveyed without consideration to a governmental
  283  entity.
  284         (i) If property was originally acquired specifically to
  285  provide replacement housing for persons displaced by
  286  transportation projects, the department may negotiate for the
  287  sale of such property as replacement housing. As compensation,
  288  the state shall receive no less than its investment in such
  289  properties or fair market value, whichever is lower. It is
  290  expressly intended that this benefit be extended only to those
  291  persons actually displaced by such project. Dispositions to any
  292  other persons must be for fair market value.
  293         (j) If the department determines that the property will
  294  require significant costs to be incurred or that continued
  295  ownership of the property exposes the department to significant
  296  liability risks, the department may use the projected
  297  maintenance costs over the next 5 years to offset the market
  298  value in establishing a value for disposal of the property, even
  299  if that value is zero.
  300         (5) The department may convey a leasehold interest for
  301  commercial or other purposes, in the name of the state, to any
  302  land, building, or other property, real or personal, which was
  303  acquired under the provisions of subsection (1). However, a
  304  lease may not be entered into at a price less than the
  305  department’s current estimate of value.
  306         (a) A lease may be through negotiations, sealed competitive
  307  bids, auctions, or any other means the department deems to be in
  308  its best interest The department may negotiate such a lease at
  309  the prevailing market value with the owner from whom the
  310  property was acquired; with the holders of leasehold estates
  311  existing at the time of the department’s acquisition; or, if
  312  public bidding would be inequitable, with the owner holding
  313  title to privately owned abutting property, if reasonable notice
  314  is provided to all other owners of abutting property. The
  315  department may allow an outdoor advertising sign to remain on
  316  the property acquired, or be relocated on department property,
  317  and such sign shall not be considered a nonconforming sign
  318  pursuant to chapter 479.
  319         (b) If, in the discretion of the department, a lease to a
  320  person other than an abutting property owner or tenant with a
  321  leasehold interest in the abutting property would be
  322  inequitable, the property may be leased to the abutting owner or
  323  tenant for no less than the department’s current estimate of
  324  value All other leases shall be by competitive bid.
  325         (c) No lease signed pursuant to paragraph (a) or paragraph
  326  (b) shall be for a period of more than 5 years; however, the
  327  department may renegotiate or extend such a lease for an
  328  additional term of 5 years as the department deems appropriate
  329  without rebidding.
  330         (d) Each lease shall provide that, unless otherwise
  331  directed by the lessor, any improvements made to the property
  332  during the term of the lease shall be removed at the lessee’s
  333  expense.
  334         (e) If property is to be used for a public purpose,
  335  including a fair, art show, or other educational, cultural, or
  336  fundraising activity, the property may be leased without
  337  consideration to a governmental entity or school board. A lease
  338  for a public purpose is exempt from the term limits in paragraph
  339  (c).
  340         (f) Paragraphs (c) and (e) (d) do not apply to leases
  341  entered into pursuant to s. 260.0161(3), except as provided in
  342  such a lease.
  343         (g) No lease executed under this subsection may be utilized
  344  by the lessee to establish the 4 years’ standing required by s.
  345  73.071(3)(b) if the business had not been established for the
  346  specified number of 4 years on the date title passed to the
  347  department.
  348         (h) The department may enter into a long-term lease without
  349  compensation with a public port listed in s. 403.021(9)(b) for
  350  rail corridors used for the operation of a short-line railroad
  351  to the port.
  352         (6) Nothing in this chapter prevents the joint use of
  353  right-of-way for alternative modes of transportation; provided
  354  that the joint use does not impair the integrity and safety of
  355  the transportation facility.
  356         (7) The department’s estimate of value, required by
  357  subsections (4) and (5), shall be prepared in accordance with
  358  department procedures, guidelines, and rules for valuation of
  359  real property. If the value of the property exceeds $50,000, as
  360  determined by the department estimate, the sale or lease must be
  361  at a negotiated price not less than the estimate of value as
  362  determined by an appraisal prepared in accordance with
  363  department procedures, guidelines, and rules for valuation of
  364  real property, the cost of which shall be paid by the party
  365  seeking the purchase or lease of the property appraisal required
  366  by paragraphs (4)(c) and (d) shall be prepared in accordance
  367  with department guidelines and rules by an independent appraiser
  368  who has been certified by the department. If federal funds were
  369  used in the acquisition of the property, the appraisal shall
  370  also be subject to the approval of the Federal Highway
  371  Administration.
  372         (8) A “due advertisement” under this section is an
  373  advertisement in a newspaper of general circulation in the area
  374  of the improvements of not less than 14 calendar days prior to
  375  the date of the receipt of bids or the date on which a public
  376  auction is to be held.
  377         (9) The department, with the approval of the Chief
  378  Financial Officer, is authorized to disburse state funds for
  379  real estate closings in a manner consistent with good business
  380  practices and in a manner minimizing costs and risks to the
  381  state.
  382         (10) The department is authorized to purchase title
  383  insurance in those instances where it is determined that such
  384  insurance is necessary to protect the public’s investment in
  385  property being acquired for transportation purposes. The
  386  department shall adopt procedures to be followed in making the
  387  determination to purchase title insurance for a particular
  388  parcel or group of parcels which, at a minimum, shall set forth
  389  criteria which the parcels must meet.
  390         (11) This section does not modify the requirements of s.
  391  73.013.
  392         Section 2. If the Federal Government approves a program
  393  that allows participation in the maintenance of highway roadside
  394  rights-of-way through monetary contributions in exchange for
  395  recognition of services provided in the form of organic
  396  corporate emblems placed in view of passing motorists, the
  397  Department of Transportation shall submit the program for
  398  legislative approval in the next regular legislative session.
  399         Section 3. Section 479.01, Florida Statutes, is amended to
  400  read:
  401         479.01 Definitions.—As used in this chapter, the term:
  402         (1) “Allowable uses” means those uses that are authorized
  403  within a zoning category without the requirement to obtain a
  404  variance or waiver. The term includes conditional uses and those
  405  allowed by special exception, but does not include uses that are
  406  accessory, incidental to the allowable uses, or allowed only on
  407  a temporary basis.
  408         (2) “Automatic changeable facing” means a facing that is
  409  capable of delivering two or more advertising messages through
  410  an automated or remotely controlled process.
  411         (3) “Business of outdoor advertising” means the business of
  412  constructing, erecting, operating, using, maintaining, leasing,
  413  or selling outdoor advertising structures, outdoor advertising
  414  signs, or outdoor advertisements.
  415         (4) “Commercial or industrial zone” means a parcel of land
  416  designated for commercial or industrial uses under both the
  417  future land use map of the comprehensive plan and the land use
  418  development regulations adopted pursuant to chapter 163. If a
  419  parcel is located in an area designated for multiple uses on the
  420  future land use map of a comprehensive plan and the zoning
  421  category of the land development regulations does not clearly
  422  designate that parcel for a specific use, the area will be
  423  considered an unzoned commercial or industrial area if it meets
  424  the criteria of subsection (26).
  425         (4)(5) “Commercial use” means activities associated with
  426  the sale, rental, or distribution of products or the performance
  427  of services. The term includes, without limitation, such uses or
  428  activities as retail sales; wholesale sales; rentals of
  429  equipment, goods, or products; offices; restaurants; food
  430  service vendors; sports arenas; theaters; and tourist
  431  attractions.
  432         (5)(6) “Controlled area” means 660 feet or less from the
  433  nearest edge of the right-of-way of any portion of the State
  434  Highway System, interstate, or federal-aid primary system and
  435  beyond 660 feet of the nearest edge of the right-of-way of any
  436  portion of the State Highway System, interstate, or federal-aid
  437  primary system outside an urban area.
  438         (6)(7) “Department” means the Department of Transportation.
  439         (7)(8) “Erect” means to construct, build, raise, assemble,
  440  place, affix, attach, create, paint, draw, or in any other way
  441  bring into being or establish; but it does not include any of
  442  the foregoing activities when performed as an incident to the
  443  change of advertising message or customary maintenance or repair
  444  of a sign.
  445         (8)(9) “Federal-aid primary highway system” means the
  446  federal-aid primary highway system in existence on June 1, 1991,
  447  and any highway that was not a part of such system as of that
  448  date, but that is, or became after June 1, 1991, a part of the
  449  National Highway System, including portions that have been
  450  accepted as part of the National Highway System but are unbuilt
  451  or unopened existing, unbuilt, or unopened system of highways or
  452  portions thereof, which shall include the National Highway
  453  System, designated as the federal-aid primary highway system by
  454  the department.
  455         (9)(10) “Highway” means any road, street, or other way open
  456  or intended to be opened to the public for travel by motor
  457  vehicles.
  458         (10)(11) “Industrial use” means activities associated with
  459  the manufacture, assembly, processing, or storage of products or
  460  the performance of services relating thereto. The term includes,
  461  without limitation, such uses or activities as automobile
  462  manufacturing or repair, boat manufacturing or repair, junk
  463  yards, meat packing facilities, citrus processing and packing
  464  facilities, produce processing and packing facilities,
  465  electrical generating plants, water treatment plants, sewage
  466  treatment plants, and solid waste disposal sites.
  467         (11)(12) “Interstate highway system” means the existing,
  468  unbuilt, or unopened system of highways or portions thereof
  469  designated as the national system of interstate and defense
  470  highways by the department.
  471         (12)(13) “Main-traveled way” means the traveled way of a
  472  highway on which through traffic is carried. In the case of a
  473  divided highway, the traveled way of each of the separate
  474  roadways for traffic in opposite directions is a main-traveled
  475  way. It does not include such facilities as frontage roads,
  476  turning roadways which specifically include on-ramps or off
  477  ramps to the interstate highway system, or parking areas.
  478         (13)(14) “Maintain” means to allow to exist.
  479         (14)(15) “Motorist services directional signs” means signs
  480  providing directional information about goods and services in
  481  the interest of the traveling public where such signs were
  482  lawfully erected and in existence on or before May 6, 1976, and
  483  continue to provide directional information to goods and
  484  services in a defined area.
  485         (15)(16) “New highway” means the construction of any road,
  486  paved or unpaved, where no road previously existed or the act of
  487  paving any previously unpaved road.
  488         (16)(17) “Nonconforming sign” means a sign which was
  489  lawfully erected but which does not comply with the land use,
  490  setback, size, spacing, and lighting provisions of state or
  491  local law, rule, regulation, or ordinance passed at a later date
  492  or a sign which was lawfully erected but which later fails to
  493  comply with state or local law, rule, regulation, or ordinance
  494  due to changed conditions.
  495         (17)(18) “Premises” means all the land areas under
  496  ownership or lease arrangement to the sign owner which are
  497  contiguous to the business conducted on the land except for
  498  instances where such land is a narrow strip contiguous to the
  499  advertised activity or is connected by such narrow strip, the
  500  only viable use of such land is to erect or maintain an
  501  advertising sign. When the sign owner is a municipality or
  502  county, “premises” shall mean all lands owned or leased by such
  503  municipality or county within its jurisdictional boundaries as
  504  set forth by law.
  505         (18)(19) “Remove” means to disassemble all sign materials
  506  above ground level and, transport them from the site, and
  507  dispose of sign materials by sale or destruction.
  508         (19)(20) “Sign” means any combination of structure and
  509  message in the form of an outdoor sign, display, device, figure,
  510  painting, drawing, message, placard, poster, billboard,
  511  advertising structure, advertisement, logo, symbol, or other
  512  form, whether placed individually or on a V-type, back-to-back,
  513  side-to-side, stacked, or double-faced display or automatic
  514  changeable facing, designed, intended, or used to advertise or
  515  inform, any part of the advertising message or informative
  516  contents of which is visible from any place on the main-traveled
  517  way. The term does not include an official traffic control sign,
  518  official marker, or specific information panel erected, caused
  519  to be erected, or approved by the department.
  520         (20)(21) “Sign direction” means that direction from which
  521  the message or informative contents are most visible to oncoming
  522  traffic on the main-traveled way.
  523         (21)(22) “Sign face” means the part of the sign, including
  524  trim and background, which contains the message or informative
  525  contents, including an automatic changeable face.
  526         (22)(23) “Sign facing” includes all sign faces and
  527  automatic changeable faces displayed at the same location and
  528  facing the same direction.
  529         (23)(24) “Sign structure” means all the interrelated parts
  530  and material, such as beams, poles, and stringers, which are
  531  constructed for the purpose of supporting or displaying a
  532  message or informative contents.
  533         (24)(25) “State Highway System” has the same meaning as in
  534  s. 334.03 means the existing, unbuilt, or unopened system of
  535  highways or portions thereof designated as the State Highway
  536  System by the department.
  537         (26) “Unzoned commercial or industrial area” means a parcel
  538  of land designated by the future land use map of the
  539  comprehensive plan for multiple uses that include commercial or
  540  industrial uses but are not specifically designated for
  541  commercial or industrial uses under the land development
  542  regulations, in which three or more separate and distinct
  543  conforming industrial or commercial activities are located.
  544         (a) These activities must satisfy the following criteria:
  545         1. At least one of the commercial or industrial activities
  546  must be located on the same side of the highway and within 800
  547  feet of the sign location;
  548         2. The commercial or industrial activities must be within
  549  660 feet from the nearest edge of the right-of-way; and
  550         3. The commercial industrial activities must be within
  551  1,600 feet of each other.
  552  
  553  Distances specified in this paragraph must be measured from the
  554  nearest outer edge of the primary building or primary building
  555  complex when the individual units of the complex are connected
  556  by covered walkways.
  557         (b) Certain activities, including, but not limited to, the
  558  following, may not be so recognized as commercial or industrial
  559  activities:
  560         1. Signs.
  561         2. Agricultural, forestry, ranching, grazing, farming, and
  562  related activities, including, but not limited to, wayside fresh
  563  produce stands.
  564         3. Transient or temporary activities.
  565         4. Activities not visible from the main-traveled way.
  566         5. Activities conducted more than 660 feet from the nearest
  567  edge of the right-of-way.
  568         6. Activities conducted in a building principally used as a
  569  residence.
  570         7. Railroad tracks and minor sidings.
  571         8. Communication towers.
  572         (25)(27) “Urban area” has the same meaning as defined in s.
  573  334.03(31).
  574         (26)(28) “Visible commercial or industrial activity” means
  575  a commercial or industrial activity that is capable of being
  576  seen without visual aid by a person of normal visual acuity from
  577  the main-traveled way and that is generally recognizable as
  578  commercial or industrial.
  579         (27)(29) “Visible sign” means that the advertising message
  580  or informative contents of a sign, whether or not legible, is
  581  capable of being seen without visual aid by a person of normal
  582  visual acuity.
  583         (28)(30) “Wall mural” means a sign that is a painting or an
  584  artistic work composed of photographs or arrangements of color
  585  and that displays a commercial or noncommercial message, relies
  586  solely on the side of the building for rigid structural support,
  587  and is painted on the building or depicted on vinyl, fabric, or
  588  other similarly flexible material that is held in place flush or
  589  flat against the surface of the building. The term excludes a
  590  painting or work placed on a structure that is erected for the
  591  sole or primary purpose of signage.
  592         (29)(31) “Zoning category” means the designation under the
  593  land development regulations or other similar ordinance enacted
  594  to regulate the use of land as provided in s. 163.3202(2)(b),
  595  which designation sets forth the allowable uses, restrictions,
  596  and limitations on use applicable to properties within the
  597  category.
  598         Section 4. Section 479.02, Florida Statutes, is amended to
  599  read:
  600         479.02 Duties of the department.—It shall be the duty of
  601  The department shall to:
  602         (1) Administer and enforce the provisions of this chapter,
  603  and the 1972 agreement between the state and the United States
  604  Department of Transportation, relating to the size, lighting,
  605  and spacing of signs in accordance with Title I of the Highway
  606  Beautification Act of 1965 and Title 23, United States Code, and
  607  federal regulations, including, but not limited to, those
  608  pertaining to the maintenance, continuance, and removal of
  609  nonconforming signs in effect as of the effective date of this
  610  act.
  611         (2) Regulate size, height, lighting, and spacing of signs
  612  permitted on commercial and industrial parcels and in unzoned
  613  commercial or industrial areas in zoned and unzoned commercial
  614  areas and zoned and unzoned industrial areas on the interstate
  615  highway system and the federal-aid primary highway system.
  616         (3) Determine unzoned commercial and industrial parcels and
  617  unzoned commercial or areas and unzoned industrial areas in the
  618  manner provided in s. 479.024.
  619         (4) Implement a specific information panel program on the
  620  limited access interstate highway system to promote tourist
  621  oriented businesses by providing directional information safely
  622  and aesthetically.
  623         (5) Implement a rest area information panel or devices
  624  program at rest areas along the interstate highway system and
  625  the federal-aid primary highway system to promote tourist
  626  oriented businesses.
  627         (6) Test and, if economically feasible, implement
  628  alternative methods of providing information in the specific
  629  interest of the traveling public which allow the traveling
  630  public freedom of choice, conserve natural beauty, and present
  631  information safely and aesthetically.
  632         (7) Adopt such rules as it deems necessary or proper for
  633  the administration of this chapter, including rules that which
  634  identify activities that may not be recognized as industrial or
  635  commercial activities for purposes of determination of a an area
  636  as an unzoned commercial or industrial parcel or an unzoned
  637  commercial or industrial area in the manner provided in s.
  638  479.024.
  639         (8) Prior to July 1, 1998, Inventory and determine the
  640  location of all signs on the state, interstate and federal-aid
  641  primary highway systems to be used as. Upon completion of the
  642  inventory, it shall become the database and permit information
  643  for all permitted signs permitted at the time of completion, and
  644  the previous records of the department shall be amended
  645  accordingly. The inventory shall be updated no less than every 2
  646  years. The department shall adopt rules regarding what
  647  information is to be collected and preserved to implement the
  648  purposes of this chapter. The department may perform the
  649  inventory using department staff, or may contract with a private
  650  firm to perform the work, whichever is more cost efficient. The
  651  department shall maintain a database of sign inventory
  652  information such as sign location, size, height, and structure
  653  type, the permitholder’s name, and any other information the
  654  department finds necessary to administer the program.
  655         Section 5. Section 479.024, Florida Statutes, is created to
  656  read:
  657         479.024 Commercial and industrial parcels.—Signs shall only
  658  be permitted by the department in commercial or industrial
  659  zones, as determined by the local government, in compliance with
  660  chapter 163, unless otherwise provided in this chapter.
  661         (1) As used in this section, the term:
  662         (a) “Parcel” means the property where the sign is located
  663  or is proposed to be located.
  664         (b) “Utilities” includes all privately, publicly, or
  665  cooperatively owned lines, facilities, and systems for
  666  producing, transmitting, or distributing communications, power,
  667  electricity, light, heat, gas, oil, crude products, water,
  668  steam, waste, and stormwater not connected with the highway
  669  drainage, and other similar commodities.
  670         (2) The determination as to zoning by the local government
  671  for the parcel must meet the following criteria:
  672         (a) The parcel is comprehensively zoned and includes
  673  commercial or industrial uses as allowable uses.
  674         (b) The parcel can reasonably accommodate a commercial or
  675  industrial use under the future land use map of the
  676  comprehensive plan and land use development regulations, as
  677  follows:
  678         1. Sufficient utilities are available to support commercial
  679  or industrial development.
  680         2. The size, configuration, and public access of the parcel
  681  are sufficient to accommodate a commercial or industrial use,
  682  given requirements in the comprehensive plan and land
  683  development regulations for vehicular access, on-site
  684  circulation, building setbacks, buffering, parking, and other
  685  applicable standards or the parcel consists of railroad tracks
  686  or minor sidings abutting commercial or industrial property that
  687  meets the criteria of this subsection.
  688         (c) The parcel is not being used exclusively for
  689  noncommercial or nonindustrial uses.
  690         (3) If a local government has not designated zoning through
  691  land development regulations in compliance with chapter 163, but
  692  has designated the parcel under the future land use map of the
  693  comprehensive plan for uses that include commercial or
  694  industrial uses, the parcel shall be considered an unzoned
  695  commercial or industrial area. For a permit to be issued for a
  696  sign in an unzoned commercial or industrial area, there must be
  697  three or more distinct commercial or industrial activities
  698  within 1,600 feet of each other, with at least one of the
  699  commercial or industrial activities located on the same side of
  700  the highway as the sign location, and within 800 feet of the
  701  sign location. Multiple commercial or industrial activities
  702  enclosed in one building when all uses have only shared building
  703  entrances shall be considered one use.
  704         (4) For purposes of this section, certain uses and
  705  activities may not be independently recognized as commercial or
  706  industrial, including, but not limited to:
  707         (a)Signs.
  708         (b) Agricultural, forestry, ranching, grazing, farming, and
  709  related activities, including, but not limited to, wayside fresh
  710  produce stands.
  711         (c) Transient or temporary activities.
  712         (d) Activities not visible from the main-traveled way,
  713  unless a department transportation facility is the only cause
  714  for the activity not being visible.
  715         (e) Activities conducted more than 660 feet from the
  716  nearest edge of the right-of-way.
  717         (f) Activities conducted in a building principally used as
  718  a residence.
  719         (g) Railroad tracks and minor sidings, unless such use is
  720  immediately abutted by commercial or industrial property that
  721  meets the criteria in subsection (2).
  722         (h)Communication towers.
  723         (i) Governmental uses, unless those governmental uses would
  724  be industrial in nature if privately owned and operated. Such
  725  industrial uses must be the present and actual use, not merely
  726  be among the allowed uses.
  727         (5) If the local government has indicated that the proposed
  728  sign location is on a parcel that is in a commercial or
  729  industrial zone, but the department finds that it is not, the
  730  department shall notify the sign applicant in writing of its
  731  determination.
  732         (6) An applicant whose application for a permit is denied
  733  may, within 30 days after the receipt of the notification of
  734  intent to deny, request an administrative hearing pursuant to
  735  chapter 120 for a determination of whether the parcel is located
  736  in a commercial or industrial zone. Upon receipt of such
  737  request, the department shall notify the local government that
  738  the applicant has requested an administrative hearing pursuant
  739  to chapter 120.
  740         (7) If the department in a final order determines that the
  741  parcel does not meet the permitting conditions in this section
  742  and a sign structure exists on the parcel, the applicant shall
  743  remove the sign within 30 days after the date of the order and
  744  is responsible for all sign removal costs.
  745         (8) If the Federal Highway Administration reduces funds
  746  that would otherwise be apportioned to the department due to a
  747  local government’s failure to be compliant with this section,
  748  the department shall reduce apportioned transportation funding
  749  to the local government by an equivalent amount.
  750         Section 6. Section 479.03, Florida Statutes, is amended to
  751  read:
  752         479.03 Jurisdiction of the Department of Transportation;
  753  entry upon privately owned lands.—The territory under the
  754  jurisdiction of the department for the purpose of this chapter
  755  shall include all the state. Employees, agents, or independent
  756  contractors working for the department, in the performance of
  757  their functions and duties under the provisions of this chapter,
  758  may enter into and upon any land upon which a sign is displayed,
  759  is proposed to be erected, or is being erected and make such
  760  inspections, surveys, and removals as may be relevant. Upon
  761  written notice to After receiving consent by the landowner,
  762  operator, or person in charge of an intervening privately owned
  763  land that or appropriate inspection warrant issued by a judge of
  764  any county court or circuit court of this state which has
  765  jurisdiction of the place or thing to be removed, that the
  766  removal of an illegal outdoor advertising sign is necessary and
  767  has been authorized by a final order or results from an
  768  uncontested notice to the sign owner, the department may shall
  769  be authorized to enter upon any intervening privately owned
  770  lands for the purposes of effectuating removal of illegal signs,
  771  provided that the department shall only do so in circumstances
  772  where it has determined that no other legal or economically
  773  feasible means of entry to the sign site are reasonably
  774  available. Except as otherwise provided by this chapter, the
  775  department shall be responsible for the repair or replacement in
  776  a like manner for any physical damage or destruction of private
  777  property, other than the sign, incidental to the department’s
  778  entry upon such intervening privately owned lands.
  779         Section 7. Section 479.04, Florida Statutes, is amended to
  780  read:
  781         479.04 Business of outdoor advertising; license
  782  requirement; renewal; fees.—
  783         (1) A No person may not shall engage in the business of
  784  outdoor advertising in this state without first obtaining a
  785  license therefor from the department. Such license shall be
  786  renewed annually. The fee for such license, and for each annual
  787  renewal, is $300. License renewal fees shall be payable as
  788  provided for in s. 479.07.
  789         (2) A No person is not shall be required to obtain the
  790  license provided for in this section solely to erect or
  791  construct outdoor advertising signs or structures as an
  792  incidental part of a building construction contract.
  793         Section 8. Section 479.05, Florida Statutes, is amended to
  794  read:
  795         479.05 Denial, suspension, or revocation of license.—The
  796  department may has authority to deny, suspend, or revoke any
  797  license requested or granted under this chapter in any case in
  798  which it determines that the application for the license
  799  contains knowingly false or misleading information of material
  800  consequence, that the licensee has failed to pay fees or costs
  801  owed to the department for outdoor advertising purposes, or that
  802  the licensee has violated any of the provisions of this chapter,
  803  unless such licensee, within 30 days after the receipt of notice
  804  by the department, corrects such false or misleading
  805  information, pays the outstanding amounts, or complies with the
  806  provisions of this chapter. Suspension of a license allows the
  807  licensee to maintain existing sign permits, but the department
  808  may not grant a transfer of an existing permit or issue an
  809  additional permit to a licensee with a suspended license. Any
  810  person aggrieved by an any action of the department which
  811  denies, suspends, or revokes in denying or revoking a license
  812  under this chapter may, within 30 days after from the receipt of
  813  the notice, apply to the department for an administrative
  814  hearing pursuant to chapter 120.
  815         Section 9. Section 479.07, Florida Statutes, is amended to
  816  read:
  817         479.07 Sign permits.—
  818         (1) Except as provided in ss. 479.105(1) 479.105(1)(e) and
  819  479.16, a person may not erect, operate, use, or maintain, or
  820  cause to be erected, operated, used, or maintained, any sign on
  821  the State Highway System outside an urban area, as defined in s.
  822  334.03(31), or on any portion of the interstate or federal-aid
  823  primary highway system without first obtaining a permit for the
  824  sign from the department and paying the annual fee as provided
  825  in this section. As used in this section, the term “on any
  826  portion of the State Highway System, interstate, or federal-aid
  827  primary system” means a sign located within the controlled area
  828  which is visible from any portion of the main-traveled way of
  829  such system.
  830         (2) A person may not apply for a permit unless he or she
  831  has first obtained the Written permission of the owner or other
  832  person in lawful possession or control of the site designated as
  833  the location of the sign is required for issuance of a in the
  834  application for the permit.
  835         (3)(a) An application for a sign permit must be made on a
  836  form prescribed by the department, and a separate application
  837  must be submitted for each permit requested. A permit is
  838  required for each sign facing.
  839         (b) As part of the application, the applicant or his or her
  840  authorized representative must certify in a notarized signed
  841  statement that all information provided in the application is
  842  true and correct and that, pursuant to subsection (2), he or she
  843  has obtained the written permission of the owner or other person
  844  in lawful possession of the site designated as the location of
  845  the sign in the permit application. Every permit application
  846  must be accompanied by the appropriate permit fee,; a signed
  847  statement by the owner or other person in lawful control of the
  848  site on which the sign is located or will be erected,
  849  authorizing the placement of the sign on that site,; and, where
  850  local governmental regulation of signs exists, a statement from
  851  the appropriate local governmental official indicating that the
  852  sign complies with all local government governmental
  853  requirements and, if a local government permit is required for a
  854  sign, that the agency or unit of local government will issue a
  855  permit to that applicant upon approval of the state permit
  856  application by the department.
  857         (c) The annual permit fee for each sign facing shall be
  858  established by the department by rule in an amount sufficient to
  859  offset the total cost to the department for the program, but
  860  shall not exceed $100. The A fee may not be prorated for a
  861  period less than the remainder of the permit year to accommodate
  862  short-term publicity features; however, a first-year fee may be
  863  prorated by payment of an amount equal to one-fourth of the
  864  annual fee for each remaining whole quarter or partial quarter
  865  of the permit year. Applications received after the end of the
  866  third quarter of the permit year must include fees for the last
  867  quarter of the current year and fees for the succeeding year. A
  868  nonrefundable application fee of $25 must accompany each permit
  869  application.
  870         (4) An application for a permit shall be acted on by
  871  granting, denying, or returning the incomplete application the
  872  department within 30 days after receipt of the application by
  873  the department.
  874         (5)(a) For each permit issued, the department shall furnish
  875  to the applicant a serially numbered permanent metal permit tag.
  876  The permittee is responsible for maintaining a valid permit tag
  877  on each permitted sign facing at all times. The tag shall be
  878  securely attached to the upper 50 percent of the sign structure
  879  sign facing or, if there is no facing, on the pole nearest the
  880  highway; and it shall be attached in such a manner as to be
  881  plainly visible from the main-traveled way. Effective July 1,
  882  2012, the tag must be securely attached to the upper 50 percent
  883  of the pole nearest the highway and must be attached in such a
  884  manner as to be plainly visible from the main-traveled way. The
  885  permit becomes void unless the permit tag must be is properly
  886  and permanently displayed at the permitted site within 30 days
  887  after the date of permit issuance. If the permittee fails to
  888  erect a completed sign on the permitted site within 270 days
  889  after the date on which the permit was issued, the permit will
  890  be void, and the department may not issue a new permit to that
  891  permittee for the same location for 270 days after the date on
  892  which the permit became void.
  893         (b) If a permit tag is lost, stolen, or destroyed, the
  894  permittee to whom the tag was issued must apply to the
  895  department for a replacement tag. The department shall adopt a
  896  rule establishing a service fee for replacement tags in an
  897  amount that will recover the actual cost of providing the
  898  replacement tag. Upon receipt of the application accompanied by
  899  the service fee, the department shall issue a replacement permit
  900  tag. Alternatively, the permittee may provide its own
  901  replacement tag pursuant to department specifications that the
  902  department shall adopt by rule at the time it establishes the
  903  service fee for replacement tags.
  904         (6) A permit is valid only for the location specified in
  905  the permit. Valid permits may be transferred from one sign owner
  906  to another upon written acknowledgment from the current
  907  permittee and submittal of a transfer fee of $5 for each permit
  908  to be transferred. However, the maximum transfer fee for any
  909  multiple transfer between two outdoor advertisers in a single
  910  transaction is $1,000 $100.
  911         (7) A permittee shall at all times maintain the permission
  912  of the owner or other person in lawful control of the sign site
  913  to have and maintain a sign at such site.
  914         (8)(a) In order to reduce peak workloads, the department
  915  may adopt rules providing for staggered expiration dates for
  916  licenses and permits. Unless otherwise provided for by rule, all
  917  licenses and permits expire annually on January 15. All license
  918  and permit renewal fees are required to be submitted to the
  919  department by no later than the expiration date. At least 105
  920  days before prior to the expiration date of licenses and
  921  permits, the department shall send to each permittee a notice of
  922  fees due for all licenses and permits that which were issued to
  923  him or her before prior to the date of the notice. Such notice
  924  shall list the permits and the permit fees due for each sign
  925  facing. The permittee shall, no later than 45 days before prior
  926  to the expiration date, advise the department of any additions,
  927  deletions, or errors contained in the notice. Permit tags which
  928  are not renewed shall be returned to the department for
  929  cancellation by the expiration date. Permits which are not
  930  renewed or are canceled shall be certified in writing at that
  931  time as canceled or not renewed by the permittee, and permit
  932  tags for such permits shall be returned to the department or
  933  shall be accounted for by the permittee in writing, which
  934  writing shall be submitted with the renewal fee payment or the
  935  cancellation certification. However, failure of a permittee to
  936  submit a permit cancellation does shall not affect the
  937  nonrenewal of a permit. Before Prior to cancellation of a
  938  permit, the permittee shall provide written notice to all
  939  persons or entities having a right to advertise on the sign that
  940  the permittee intends to cancel the permit.
  941         (b) If a permittee has not submitted his or her fee payment
  942  by the expiration date of the licenses or permits, the
  943  department shall send a notice of violation to the permittee
  944  within 45 days after the expiration date, requiring the payment
  945  of the permit fee within 30 days after the date of the notice
  946  and payment of a delinquency fee equal to 10 percent of the
  947  original amount due or, in the alternative to these payments,
  948  requiring the filing of a request for an administrative hearing
  949  to show cause why the his or her sign should not be subject to
  950  immediate removal due to expiration of his or her license or
  951  permit. If the permittee submits payment as required by the
  952  violation notice, the his or her license or permit will be
  953  automatically reinstated and such reinstatement will be
  954  retroactive to the original expiration date. If the permittee
  955  does not respond to the notice of violation within the 30-day
  956  period, the department shall, within 30 days, issue a final
  957  notice of sign removal and may, following 90 days after the date
  958  of the department’s final notice of sign removal, remove the
  959  sign without incurring any liability as a result of such
  960  removal. However, if at any time before removal of the sign, the
  961  permittee demonstrates that a good faith error on the part of
  962  the permittee resulted in cancellation or nonrenewal of the
  963  permit, the department may reinstate the permit if:
  964         1. The permit reinstatement fee of up to $300 based on the
  965  size of the sign is paid;
  966         2. All other permit renewal and delinquent permit fees due
  967  as of the reinstatement date are paid; and
  968         3. The permittee reimburses the department for all actual
  969  costs resulting from the permit cancellation or nonrenewal.
  970         (c) Conflicting applications filed by other persons for the
  971  same or competing sites covered by a permit subject to paragraph
  972  (b) may not be approved until after the sign subject to the
  973  expired permit has been removed.
  974         (d) The cost for removing a sign, whether by the department
  975  or an independent contractor, shall be assessed by the
  976  department against the permittee.
  977         (9)(a) A permit may shall not be granted for any sign for
  978  which a permit had not been granted by the effective date of
  979  this act unless such sign is located at least:
  980         1. One thousand five hundred feet from any other permitted
  981  sign on the same side of the highway, if on an interstate
  982  highway.
  983         2. One thousand feet from any other permitted sign on the
  984  same side of the highway, if on a federal-aid primary highway.
  985  
  986  The minimum spacing provided in this paragraph does not preclude
  987  the permitting of V-type, back-to-back, side-to-side, stacked,
  988  or double-faced signs at the permitted sign site. If a sign is
  989  visible to more than one highway subject to the jurisdiction of
  990  the department and within the controlled area of the highways
  991  from the controlled area of more than one highway subject to the
  992  jurisdiction of the department, the sign must shall meet the
  993  permitting requirements of all highways, and, if the sign meets
  994  the applicable permitting requirements, be permitted to, the
  995  highway having the more stringent permitting requirements.
  996         (b) A permit may shall not be granted for a sign pursuant
  997  to this chapter to locate such sign on any portion of the
  998  interstate or federal-aid primary highway system, which sign:
  999         1. Exceeds 50 feet in sign structure height above the crown
 1000  of the main-traveled way to which the sign is permitted, if
 1001  outside an incorporated area;
 1002         2. Exceeds 65 feet in sign structure height above the crown
 1003  of the main-traveled way to which the sign is permitted, if
 1004  inside an incorporated area; or
 1005         3. Exceeds 950 square feet of sign facing including all
 1006  embellishments.
 1007         (c) Notwithstanding subparagraph (a)1., there is
 1008  established a pilot program in Orange, Hillsborough, and Osceola
 1009  Counties, and within the boundaries of the City of Miami, under
 1010  which the distance between permitted signs on the same side of
 1011  an interstate highway may be reduced to 1,000 feet if all other
 1012  requirements of this chapter are met and if:
 1013         1. The local government has adopted a plan, program,
 1014  resolution, ordinance, or other policy encouraging the voluntary
 1015  removal of signs in a downtown, historic, redevelopment, infill,
 1016  or other designated area which also provides for a new or
 1017  replacement sign to be erected on an interstate highway within
 1018  that jurisdiction if a sign in the designated area is removed;
 1019         2. The sign owner and the local government mutually agree
 1020  to the terms of the removal and replacement; and
 1021         3. The local government notifies the department of its
 1022  intention to allow such removal and replacement as agreed upon
 1023  pursuant to subparagraph 2.
 1024         4. The new or replacement sign to be erected on an
 1025  interstate highway within that jurisdiction is to be located on
 1026  a parcel of land specifically designated for commercial or
 1027  industrial use under both the future land use map of the
 1028  comprehensive plan and the land use development regulations
 1029  adopted pursuant to chapter 163, and such parcel shall not be
 1030  subject to an evaluation in accordance with the criteria set
 1031  forth in s. 479.01(26) to determine if the parcel can be
 1032  considered an unzoned commercial or industrial area.
 1033  
 1034  The department shall maintain statistics tracking the use of the
 1035  provisions of this pilot program based on the notifications
 1036  received by the department from local governments under this
 1037  paragraph.
 1038         (d) This subsection does not cause a sign that was
 1039  conforming on October 1, 1984, to become nonconforming.
 1040         (10) Commercial or industrial zoning that which is not
 1041  comprehensively enacted or that which is enacted primarily to
 1042  permit signs may shall not be recognized as commercial or
 1043  industrial zoning for purposes of this provision, and permits
 1044  may shall not be issued for signs in such areas. The department
 1045  shall adopt rules that within 180 days after this act takes
 1046  effect which shall provide criteria to determine whether such
 1047  zoning is comprehensively enacted or enacted primarily to permit
 1048  signs.
 1049         Section 10. Section 479.08, Florida Statutes, is amended to
 1050  read:
 1051         479.08 Denial or revocation of permit.—The department may
 1052  deny or revoke any permit requested or granted under this
 1053  chapter in any case in which it determines that the application
 1054  for the permit contains knowingly false or misleading
 1055  information of material consequence. The department may revoke
 1056  any permit granted under this chapter in any case in which the
 1057  permittee has violated any of the provisions of this chapter,
 1058  unless such permittee, within 30 days after the receipt of
 1059  notice by the department, complies with the provisions of this
 1060  chapter. For the purpose of this section, the notice of
 1061  violation issued by the department must describe in detail the
 1062  alleged violation. Any person aggrieved by any action of the
 1063  department in denying or revoking a permit under this chapter
 1064  may, within 30 days after receipt of the notice, apply to the
 1065  department for an administrative hearing pursuant to chapter
 1066  120. If a timely request for hearing has been filed and the
 1067  department issues a final order revoking a permit, such
 1068  revocation shall be effective 30 days after the date of
 1069  rendition. Except for department action pursuant to s.
 1070  479.107(1), the filing of a timely and proper notice of appeal
 1071  shall operate to stay the revocation until the department’s
 1072  action is upheld.
 1073         Section 11. Section 479.10, Florida Statutes, is amended to
 1074  read:
 1075         479.10 Sign removal following permit revocation or
 1076  cancellation.—A sign shall be removed by the permittee within 30
 1077  days after the date of revocation or cancellation of the permit
 1078  for the sign. If the permittee fails to remove the sign within
 1079  the 30-day period, the department shall remove the sign at the
 1080  permittee’s expense with or without further notice and without
 1081  incurring any liability as a result of such removal.
 1082         Section 12. Section 479.105, Florida Statutes, is amended
 1083  to read:
 1084         479.105 Signs erected or maintained without required
 1085  permit; removal.—
 1086         (1) Any sign which is located adjacent to the right-of-way
 1087  of any highway on the State Highway System outside an
 1088  incorporated area or adjacent to the right-of-way on any portion
 1089  of the interstate or federal-aid primary highway system, which
 1090  sign was erected, operated, or maintained without the permit
 1091  required by s. 479.07(1) having been issued by the department,
 1092  is declared to be a public nuisance and a private nuisance and
 1093  shall be removed as provided in this section.
 1094         (a) Upon a determination by the department that a sign is
 1095  in violation of s. 479.07(1), the department shall prominently
 1096  post on the sign, or as close to the sign as possible for those
 1097  locations where the sign is not easily accessible, face a notice
 1098  stating that the sign is illegal and must be removed within 30
 1099  days after the date on which the notice was posted. However, if
 1100  the sign bears the name of the licensee or the name and address
 1101  of the nonlicensed sign owner, The department shall,
 1102  concurrently with and in addition to posting the notice on the
 1103  sign, provide a written notice to the owner of the sign, the
 1104  advertiser displayed on the sign, or the owner of the property,
 1105  stating that the sign is illegal and must be permanently removed
 1106  within the 30-day period specified on the posted notice. The
 1107  written notice shall further state that a hearing may be
 1108  requested, the sign owner has a right to request a hearing,
 1109  which request must be filed with the department within 30 days
 1110  after receipt the date of the written notice. However, the
 1111  filing of a request for a hearing will not stay the removal of
 1112  the sign.
 1113         (b) If, pursuant to the notice provided, the sign is not
 1114  removed by the sign owner of the sign, the advertiser displayed
 1115  on the sign, or the owner of the property within the prescribed
 1116  period, the department shall immediately remove the sign without
 1117  further notice; and, for that purpose, the employees, agents, or
 1118  independent contractors of the department may enter upon private
 1119  property without incurring any liability for so entering.
 1120         (c) However, the department may issue a permit for a sign,
 1121  as a conforming or nonconforming sign, if the sign owner
 1122  demonstrates to the department one of the following:
 1123         1. If the sign meets the current requirements of this
 1124  chapter for a sign permit, the sign owner may submit the
 1125  required application package and receive a permit as a
 1126  conforming sign, upon payment of all applicable fees.
 1127         2. If the sign does not meet the current requirements of
 1128  this chapter for a sign permit, the sign owner may receive a
 1129  permit as a nonconforming sign if the department determines that
 1130  the sign is not located on state right-of-way and is not a
 1131  safety hazard and if the sign owner pays a penalty fee of $300
 1132  and all pertinent fees required by this chapter, including
 1133  annual permit renewal fees payable since the date of the
 1134  erection of the sign, and attaches to the permit application
 1135  package documentation that demonstrates that:
 1136         a. The sign has been unpermitted, structurally unchanged,
 1137  and continuously maintained at the same location for a period of
 1138  7 years or more;
 1139         b. During the entire period in which the sign has been
 1140  erected, a permit was required but was not obtained;
 1141         c. During the initial 7 years in which the sign has been
 1142  erected, the sign would have met the criteria established in
 1143  this chapter at that time for issuance of a permit; and
 1144         d. The department has not initiated a notice of violation
 1145  or taken other action to remove the sign during the initial 7
 1146  year period.
 1147         (d) This subsection does not cause a neighboring sign that
 1148  is permitted and that is within the spacing requirements in s.
 1149  479.07(9)(a) to become nonconforming.
 1150         (e)(c) For purposes of this subsection, a notice to the
 1151  sign owner, when required, constitutes sufficient notice; and
 1152  notice is not required to be provided to the lessee, advertiser,
 1153  or the owner of the real property on which the sign is located.
 1154         (f)(d) If, after a hearing, it is determined that a sign
 1155  has been wrongfully or erroneously removed pursuant to this
 1156  subsection, the department, at the sign owner’s discretion,
 1157  shall either pay just compensation to the owner of the sign or
 1158  reerect the sign in kind at the expense of the department.
 1159         (e) However, if the sign owner demonstrates to the
 1160  department that:
 1161         1. The sign has been unpermitted, structurally unchanged,
 1162  and continuously maintained at the same location for a period of
 1163  7 years or more;
 1164         2. At any time during the period in which the sign has been
 1165  erected, the sign would have met the criteria established in
 1166  this chapter for issuance of a permit;
 1167         3. The department has not initiated a notice of violation
 1168  or taken other action to remove the sign during the initial 7
 1169  year period described in subparagraph 1.; and
 1170         4. The department determines that the sign is not located
 1171  on state right-of-way and is not a safety hazard,
 1172  
 1173  the sign may be considered a conforming or nonconforming sign
 1174  and may be issued a permit by the department upon application in
 1175  accordance with this chapter and payment of a penalty fee of
 1176  $300 and all pertinent fees required by this chapter, including
 1177  annual permit renewal fees payable since the date of the
 1178  erection of the sign.
 1179         (2)(a) If a sign is under construction and the department
 1180  determines that a permit has not been issued for the sign as
 1181  required under the provisions of this chapter, the department is
 1182  authorized to require that all work on the sign cease until the
 1183  sign owner shows that the sign does not violate the provisions
 1184  of this chapter. The order to cease work shall be prominently
 1185  posted on the sign structure, and no further notice is required
 1186  to be given. The failure of a sign owner or her or his agents to
 1187  immediately comply with the order shall subject the sign to
 1188  prompt removal by the department.
 1189         (b) For the purposes of this subsection only, a sign is
 1190  under construction when it is in any phase of initial
 1191  construction prior to the attachment and display of the
 1192  advertising message in final position for viewing by the
 1193  traveling public. A sign that is undergoing routine maintenance
 1194  or change of the advertising message only is not considered to
 1195  be under construction for the purposes of this subsection.
 1196         (3) The cost of removing a sign, whether by the department
 1197  or an independent contractor, shall be assessed against the
 1198  owner of the sign by the department.
 1199         Section 13. Subsections (5) and (7) of section 479.106,
 1200  Florida Statutes, are amended to read:
 1201         479.106 Vegetation management.—
 1202         (5) The department may only grant a permit pursuant to s.
 1203  479.07 for a new sign which requires the removal, cutting, or
 1204  trimming of existing trees or vegetation on public right-of-way
 1205  for the sign face to be visible from the highway when the sign
 1206  owner has removed at least two nonconforming signs of
 1207  approximate comparable size and surrendered the permits for the
 1208  nonconforming signs to the department for cancellation. For
 1209  signs originally permitted after July 1, 1996, the first
 1210  application, or application for a change of view zone, no permit
 1211  for the removal, cutting, or trimming of trees or vegetation
 1212  shall require, in addition to mitigation or contribution to a
 1213  plan of mitigation, the removal of two nonconforming signs. No
 1214  permits for the removal, cutting, or trimming of trees may be
 1215  granted for signs permitted after July 1, 1996 be granted where
 1216  such trees or vegetation are part of a beautification project
 1217  implemented before prior to the date of the original sign permit
 1218  application, when the beautification project is specifically
 1219  identified in the department’s construction plans, permitted
 1220  landscape projects, or agreements.
 1221         (7) Any person engaging in removal, cutting, or trimming of
 1222  trees or vegetation in violation of this section or benefiting
 1223  from such actions shall be subject to an administrative penalty
 1224  of up to $1,000 per sign facing and required to mitigate for the
 1225  unauthorized removal, cutting, or trimming in such manner and in
 1226  such amount as may be required under the rules of the
 1227  department.
 1228         Section 14. Subsection (5) of section 479.107, Florida
 1229  Statutes, is amended to read:
 1230         479.107 Signs on highway rights-of-way; removal.—
 1231         (5) The cost of removing a sign, whether by the department
 1232  or an independent contractor, shall be assessed by the
 1233  department against the owner of the sign. Furthermore, the
 1234  department shall assess a fine of $75 against the sign owner for
 1235  any sign which violates the requirements of this section.
 1236         Section 15. Section 479.111, Florida Statutes, is amended
 1237  to read:
 1238         479.111 Specified signs allowed within controlled portions
 1239  of the interstate and federal-aid primary highway system.—Only
 1240  the following signs shall be allowed within controlled portions
 1241  of the interstate highway system and the federal-aid primary
 1242  highway system as set forth in s. 479.11(1) and (2):
 1243         (1) Directional or other official signs and notices which
 1244  conform to 23 C.F.R. ss. 750.151-750.155.
 1245         (2) Signs in commercial-zoned and industrial-zoned areas or
 1246  commercial-unzoned and industrial-unzoned areas and within 660
 1247  feet of the nearest edge of the right-of-way, subject to the
 1248  requirements set forth in the 1972 agreement between the state
 1249  and the United States Department of Transportation.
 1250         (3) Signs for which permits are not required under s.
 1251  479.16.
 1252         Section 16. Section 479.15, Florida Statutes, is amended to
 1253  read:
 1254         479.15 Harmony of regulations.—
 1255         (1) No zoning board or commission or other public officer
 1256  or agency shall issue a permit to erect any sign which is
 1257  prohibited under the provisions of this chapter or the rules of
 1258  the department, nor shall the department issue a permit for any
 1259  sign which is prohibited by any other public board, officer, or
 1260  agency in the lawful exercise of its powers.
 1261         (2) A municipality, county, local zoning authority, or
 1262  other local governmental entity may not remove, or cause to be
 1263  removed, any lawfully erected sign along any portion of the
 1264  interstate or federal-aid primary highway system without first
 1265  paying just compensation for such removal. A local governmental
 1266  entity may not cause in any way the alteration of any lawfully
 1267  erected sign located along any portion of the interstate or
 1268  federal-aid primary highway system without payment of just
 1269  compensation if such alteration constitutes a taking under state
 1270  law. The municipality, county, local zoning authority, or other
 1271  local government entity that adopts requirements for such
 1272  alteration shall pay just compensation to the sign owner if such
 1273  alteration constitutes a taking under state law. This subsection
 1274  applies only to a lawfully erected sign the subject matter of
 1275  which relates to premises other than the premises on which it is
 1276  located or to merchandise, services, activities, or
 1277  entertainment not sold, produced, manufactured, or furnished on
 1278  the premises on which the sign is located. As used in this
 1279  subsection, the term “federal-aid primary highway system” means
 1280  the federal-aid primary highway system in existence on June 1,
 1281  1991, and any highway that was not a part of such system as of
 1282  that date but that is or becomes after June 1, 1991, a part of
 1283  the National Highway System. This subsection shall not be
 1284  interpreted as explicit or implicit legislative recognition that
 1285  alterations do or do not constitute a taking under state law.
 1286         (3) It is the express intent of the Legislature to limit
 1287  the state right-of-way acquisition costs on state and federal
 1288  roads in eminent domain proceedings, the provisions of ss.
 1289  479.07 and 479.155 notwithstanding. Subject to approval by the
 1290  Federal Highway Administration, whenever public acquisition of
 1291  land upon which is situated a lawful permitted nonconforming
 1292  sign occurs, as provided in this chapter, the sign may, at the
 1293  election of its owner and the department, be relocated or
 1294  reconstructed adjacent to the new right-of-way and in close
 1295  proximity to the current site along the roadway within 100 feet
 1296  of the current location, provided the nonconforming sign is not
 1297  relocated in an area inconsistent with s. 479.024 on a parcel
 1298  zoned residential, and provided further that such relocation
 1299  shall be subject to applicable setback requirements in the 1972
 1300  agreement between the state and the United States Department of
 1301  Transportation. The sign owner shall pay all costs associated
 1302  with relocating or reconstructing any sign under this
 1303  subsection, and neither the state nor any local government shall
 1304  reimburse the sign owner for such costs, unless part of such
 1305  relocation costs are required by federal law. If no adjacent
 1306  property is available for the relocation, the department shall
 1307  be responsible for paying the owner of the sign just
 1308  compensation for its removal.
 1309         (4) For a nonconforming sign, Such relocation shall be
 1310  adjacent to the current site and the face of the sign may shall
 1311  not be increased in size or height or structurally modified at
 1312  the point of relocation in a manner inconsistent with the
 1313  current building codes of the jurisdiction in which the sign is
 1314  located.
 1315         (5) In the event that relocation can be accomplished but is
 1316  inconsistent with the ordinances of the municipality or county
 1317  within whose jurisdiction the sign is located, the ordinances of
 1318  the local government shall prevail, provided that the local
 1319  government shall assume the responsibility to provide the owner
 1320  of the sign just compensation for its removal, but in no event
 1321  shall compensation paid by the local government exceed the
 1322  compensation required under state or federal law. Further, the
 1323  provisions of this section shall not impair any agreement or
 1324  future agreements between a municipality or county and the owner
 1325  of a sign or signs within the jurisdiction of the municipality
 1326  or county. Nothing in this section shall be deemed to cause a
 1327  nonconforming sign to become conforming solely as a result of
 1328  the relocation allowed in this section.
 1329         (6) The provisions of subsections (3), (4), and (5) of this
 1330  section shall not apply within the jurisdiction of any
 1331  municipality which is engaged in any litigation concerning its
 1332  sign ordinance on April 23, 1999, nor shall such provisions
 1333  apply to any municipality whose boundaries are identical to the
 1334  county within which said municipality is located.
 1335         (7) This section does not cause a neighboring sign that is
 1336  already permitted and that is within the spacing requirements
 1337  established in s. 479.07(9)(a) to become nonconforming.
 1338         Section 17. Section 479.156, Florida Statutes, is amended
 1339  to read:
 1340         479.156 Wall murals.—Notwithstanding any other provision of
 1341  this chapter, a municipality or county may permit and regulate
 1342  wall murals within areas designated by such government. If a
 1343  municipality or county permits wall murals, a wall mural that
 1344  displays a commercial message and is within 660 feet of the
 1345  nearest edge of the right-of-way within an area adjacent to the
 1346  interstate highway system or the federal-aid primary highway
 1347  system shall be located in an area that is zoned for industrial
 1348  or commercial use and the municipality or county shall establish
 1349  and enforce regulations for such areas that, at a minimum, set
 1350  forth criteria governing the size, lighting, and spacing of wall
 1351  murals consistent with the intent of 23 U.S.C. s. 131 the
 1352  Highway Beautification Act of 1965 and with customary use.
 1353  Whenever a municipality or county exercises such control and
 1354  makes a determination of customary use pursuant to 23 U.S.C. s.
 1355  131(d), such determination shall be accepted in lieu of controls
 1356  in the agreement between the state and the United States
 1357  Department of Transportation, and the department shall notify
 1358  the Federal Highway Administration pursuant to the agreement, 23
 1359  U.S.C. s. 131(d), and 23 C.F.R. s. 750.706(c). A wall mural that
 1360  is subject to municipal or county regulation and 23 U.S.C. s.
 1361  131 the Highway Beautification Act of 1965 must be approved by
 1362  the Department of Transportation and the Federal Highway
 1363  Administration when required by federal law and federal
 1364  regulation under the agreement between the state and the United
 1365  States Department of Transportation and federal regulations
 1366  enforced by the Department of Transportation under s. 479.02(1).
 1367  The existence of a wall mural as defined in s. 479.01(28)
 1368  479.01(30) shall not be considered in determining whether a sign
 1369  as defined in s. 479.01(19) 479.01(20), either existing or new,
 1370  is in compliance with s. 479.07(9)(a).
 1371         Section 18. Section 479.16, Florida Statutes, is amended to
 1372  read:
 1373         479.16 Signs for which permits are not required.—The
 1374  following signs are exempt from the requirement that a permit
 1375  for a sign be obtained under the provisions of this chapter but
 1376  are required to comply with the provisions of s. 479.11(4)-(8),
 1377  and the provisions of subsections (15)-(19) may not be
 1378  implemented or continued if the Federal Government notifies the
 1379  department that implementation or continuation will adversely
 1380  affect the allocation of federal funds to the department:
 1381         (1) Signs erected on the premises of an establishment,
 1382  which signs consist primarily of the name of the establishment
 1383  or which identify the principal or accessory merchandise,
 1384  services, activities, or entertainment sold, produced,
 1385  manufactured, or furnished on the premises of the establishment
 1386  and which comply with the lighting restrictions under department
 1387  rule adopted pursuant to s. 479.11(5), or signs owned by a
 1388  municipality or a county located on the premises of such
 1389  municipality or such county which display information regarding
 1390  government services, activities, events, or entertainment. For
 1391  purposes of this section, the following types of messages shall
 1392  not be considered information regarding government services,
 1393  activities, events, or entertainment:
 1394         (a) Messages which specifically reference any commercial
 1395  enterprise.
 1396         (b) Messages which reference a commercial sponsor of any
 1397  event.
 1398         (c) Personal messages.
 1399         (d) Political campaign messages.
 1400  
 1401  If a sign located on the premises of an establishment consists
 1402  principally of brand name or trade name advertising and the
 1403  merchandise or service is only incidental to the principal
 1404  activity, or if the owner of the establishment receives rental
 1405  income from the sign, then the sign is not exempt under this
 1406  subsection.
 1407         (2) Signs erected, used, or maintained on a farm by the
 1408  owner or lessee of such farm and relating solely to farm
 1409  produce, merchandise, service, or entertainment sold, produced,
 1410  manufactured, or furnished on such farm.
 1411         (3) Signs posted or displayed on real property by the owner
 1412  or by the authority of the owner, stating that the real property
 1413  is for sale or rent. However, if the sign contains any message
 1414  not pertaining to the sale or rental of that real property, then
 1415  it is not exempt under this section.
 1416         (4) Official notices or advertisements posted or displayed
 1417  on private property by or under the direction of any public or
 1418  court officer in the performance of her or his official or
 1419  directed duties, or by trustees under deeds of trust or deeds of
 1420  assignment or other similar instruments.
 1421         (5) Danger or precautionary signs relating to the premises
 1422  on which they are located; forest fire warning signs erected
 1423  under the authority of the Florida Forest Service of the
 1424  Department of Agriculture and Consumer Services; and signs,
 1425  notices, or symbols erected by the United States Government
 1426  under the direction of the United States Forestry Service.
 1427         (6) Notices of any railroad, bridge, ferry, or other
 1428  transportation or transmission company necessary for the
 1429  direction or safety of the public.
 1430         (7) Signs, notices, or symbols for the information of
 1431  aviators as to location, directions, and landings and conditions
 1432  affecting safety in aviation erected or authorized by the
 1433  department.
 1434         (8) Signs or notices erected or maintained upon property
 1435  stating only the name of the owner, lessee, or occupant of the
 1436  premises and not exceeding 16 8 square feet in area.
 1437         (9) Historical markers erected by duly constituted and
 1438  authorized public authorities.
 1439         (10) Official traffic control signs and markers erected,
 1440  caused to be erected, or approved by the department.
 1441         (11) Signs erected upon property warning the public against
 1442  hunting and fishing or trespassing thereon.
 1443         (12) Signs not in excess of 16 8 square feet that are owned
 1444  by and relate to the facilities and activities of churches,
 1445  civic organizations, fraternal organizations, charitable
 1446  organizations, or units or agencies of government.
 1447         (13) Except that Signs placed on benches, transit shelters,
 1448  modular news racks, street light poles, public pay telephones,
 1449  and waste receptacles, within the right-of-way, as provided for
 1450  in s. 337.408 are exempt from all provisions of this chapter.
 1451         (14) Signs relating exclusively to political campaigns.
 1452         (15) Signs not in excess of 16 square feet placed at a road
 1453  junction with the State Highway System denoting only the
 1454  distance or direction of a residence or farm operation, or,
 1455  outside an incorporated in a rural area where a hardship is
 1456  created because a small business is not visible from the road
 1457  junction with the State Highway System, one sign not in excess
 1458  of 16 square feet, denoting only the name of the business and
 1459  the distance and direction to the business. The small-business
 1460  sign provision of this subsection does not apply to charter
 1461  counties and may not be implemented if the Federal Government
 1462  notifies the department that implementation will adversely
 1463  affect the allocation of federal funds to the department.
 1464         (16)Signs placed by a local tourist-oriented business
 1465  located within a rural area of critical economic concern, as
 1466  defined by s. 288.0656(2)(d)and(e), and are:
 1467         (a)Not more than 8 square feet in size or more than 4 feet
 1468  in height;
 1469         (b)Located only in rural areas, along non-limited access
 1470  highways;
 1471         (c)Located within 2 miles of the business location and are
 1472  not less than 500 feet apart;
 1473         (d)Located only in two directions leading to the business;
 1474  and
 1475         (e)Not located within the road right-of-way.
 1476  
 1477  A business placing such signs must be at least 4 miles from any
 1478  other business using this exemption and may not participate in
 1479  any other department directional signage program.
 1480         (17)Signs not in excess of 32 square feet placed
 1481  temporarily during harvest season of a farm operation for a
 1482  period of no more than 4 months at a road junction with the
 1483  State Highway System denoting only the distance or direction of
 1484  the farm operation.
 1485         (18)Acknowledgement signs erected upon publicly funded
 1486  school premises relating to a specific public school club, team,
 1487  or event placed no closer than 1,000 feet from another
 1488  acknowledgment sign on the same side of the roadway. All sponsor
 1489  information on an acknowledgement sign may constitute no more
 1490  than 100 square feet of the sign. As used in this subsection,
 1491  the term “acknowledgement signs” means signs that are intended
 1492  to inform the traveling public that a public school club, team,
 1493  or event has been sponsored by a person, firm, or other entity.
 1494         (19)Displays erected upon a sports facility which display
 1495  content directly related to the facility’s activities or where a
 1496  presence of the products or services offered on the property
 1497  exists. Displays are to be mounted flush or flat to the surface
 1498  of the sports facility and rely upon the building facade for
 1499  structural support. For purposes of this subsection, the term
 1500  “sports facility”, means any athletic complex, athletic arena,
 1501  or athletic stadium, including physically connected parking
 1502  facilities, which is open to the public and has a permanent
 1503  installed seating capacity of 15,000 or more.
 1504  
 1505  If the exemptions in subsections (15)-(19) are not implemented
 1506  or continued due to notification from the Federal Government to
 1507  the department that the allocation of federal funds to the
 1508  department will be adversely impacted, the department shall
 1509  provide notice to the sign owner that the sign must be removed
 1510  within 30 days after receiving the notice. If the sign is not
 1511  removed within the 30 days, the department may remove the sign
 1512  and all costs incurred in connection with the sign removal shall
 1513  be assessed against and collected from the sign owner.
 1514         Section 19. Section 479.24, Florida Statutes, is amended to
 1515  read:
 1516         479.24 Compensation for removal of signs; eminent domain;
 1517  exceptions.—
 1518         (1) Just compensation shall be paid by the department upon
 1519  the department’s acquisition removal of a lawful conforming or
 1520  nonconforming sign along any portion of the interstate or
 1521  federal-aid primary highway system. This section does not apply
 1522  to a sign which is illegal at the time of its removal. A sign
 1523  will lose its nonconforming status and become illegal at such
 1524  time as it fails to be permitted or maintained in accordance
 1525  with all applicable laws, rules, ordinances, or regulations
 1526  other than the provision which makes it nonconforming. A legal
 1527  nonconforming sign under state law or rule will not lose its
 1528  nonconforming status solely because it additionally becomes
 1529  nonconforming under an ordinance or regulation of a local
 1530  governmental entity passed at a later date. The department shall
 1531  make every reasonable effort to negotiate the purchase of the
 1532  signs to avoid litigation and congestion in the courts.
 1533         (2) The department is not required to remove any sign under
 1534  this section if the federal share of the just compensation to be
 1535  paid upon removal of the sign is not available to make such
 1536  payment, unless an appropriation by the Legislature for such
 1537  purpose is made to the department.
 1538         (3)(a) The department is authorized to use the power of
 1539  eminent domain when necessary to carry out the provisions of
 1540  this chapter.
 1541         (b) If eminent domain procedures are instituted, just
 1542  compensation shall be made pursuant to the state’s eminent
 1543  domain procedures, chapters 73 and 74.
 1544         Section 20. Section 479.25, Florida Statutes, is amended to
 1545  read:
 1546         479.25 Erection of noise-attenuation barrier blocking view
 1547  of sign; procedures; application.—
 1548         (1) The owner of a lawfully erected sign that is governed
 1549  by and conforms to state and federal requirements for land use,
 1550  size, height, and spacing may increase the height above ground
 1551  level of such sign at its permitted location if a noise
 1552  attenuation barrier is permitted by or erected by any
 1553  governmental entity in such a way as to screen or block
 1554  visibility of the sign. Any increase in height permitted under
 1555  this section may only be the increase in height which is
 1556  required to achieve the same degree of visibility from the
 1557  right-of-way which the sign had prior to the construction of the
 1558  noise-attenuation barrier, notwithstanding the restrictions
 1559  contained in s. 479.07(9)(b). A sign reconstructed under this
 1560  section shall comply with the building standards and wind load
 1561  requirements set forth in the Florida Building Code. If
 1562  construction of a proposed noise-attenuation barrier will screen
 1563  a sign lawfully permitted under this chapter, the department
 1564  shall provide notice to the local government or local
 1565  jurisdiction within which the sign is located prior to
 1566  construction erection of the noise-attenuation barrier. Upon a
 1567  determination that an increase in the height of a sign as
 1568  permitted under this section will violate a provision contained
 1569  in an ordinance or land development regulation of the local
 1570  government or local jurisdiction, prior to construction, the
 1571  local government or local jurisdiction shall so notify the
 1572  department. When notice has been received from the local
 1573  government or local jurisdiction prior to erection of the noise
 1574  attenuation barrier, the department shall:
 1575         (a) Provide a variance or waiver to the local ordinance or
 1576  land development regulations to Conduct a written survey of all
 1577  property owners identified as impacted by highway noise and who
 1578  may benefit from the proposed noise-attenuation barrier. The
 1579  written survey shall inform the property owners of the location,
 1580  date, and time of the public hearing described in paragraph (b)
 1581  and shall specifically advise the impacted property owners that:
 1582         1. Erection of the noise-attenuation barrier may block the
 1583  visibility of an existing outdoor advertising sign;
 1584         2. The local government or local jurisdiction may restrict
 1585  or prohibit increasing the height of the existing outdoor
 1586  advertising sign to make it visible over the barrier; and
 1587         3. If a majority of the impacted property owners vote for
 1588  construction of the noise-attenuation barrier, the local
 1589  government or local jurisdiction will be required to:
 1590         a. allow an increase in the height of the sign in violation
 1591  of a local ordinance or land development regulation;
 1592         (b)b. Allow the sign to be relocated or reconstructed at
 1593  another location if the sign owner agrees; or
 1594         (c)c. Pay the fair market value of the sign and its
 1595  associated interest in the real property.
 1596         (2)(b)The department shall hold a public hearing within
 1597  the boundaries of the affected local governments or local
 1598  jurisdictions to receive input on the proposed noise-attenuation
 1599  barrier and its conflict with the local ordinance or land
 1600  development regulation and to suggest or consider alternatives
 1601  or modifications to the proposed noise-attenuation barrier to
 1602  alleviate or minimize the conflict with the local ordinance or
 1603  land development regulation or minimize any costs that may be
 1604  associated with relocating, reconstructing, or paying for the
 1605  affected sign. The public hearing may be held concurrently with
 1606  other public hearings scheduled for the project. The department
 1607  shall provide a written notification to the local government or
 1608  local jurisdiction of the date and time of the public hearing
 1609  and shall provide general notice of the public hearing in
 1610  accordance with the notice provisions of s. 335.02(1). The
 1611  notice shall not be placed in that portion of a newspaper in
 1612  which legal notices or classified advertisements appear. The
 1613  notice shall specifically state that:
 1614         (a)1. Erection of the proposed noise-attenuation barrier
 1615  may block the visibility of an existing outdoor advertising
 1616  sign;
 1617         (b)2. The local government or local jurisdiction may
 1618  restrict or prohibit increasing the height of the existing
 1619  outdoor advertising sign to make it visible over the barrier;
 1620  and
 1621         (c)3.Upon If a majority of the impacted property owners
 1622  vote for construction of the noise-attenuation barrier, the
 1623  local government or local jurisdiction shall will be required
 1624  to:
 1625         1.a. Allow an increase in the height of the sign through a
 1626  waiver or variance to in violation of a local ordinance or land
 1627  development regulation;
 1628         2.b. Allow the sign to be relocated or reconstructed at
 1629  another location if the sign owner agrees; or
 1630         3.c. Pay the fair market value of the sign and its
 1631  associated interest in the real property.
 1632         (3)(2) The department may shall not permit erection of the
 1633  noise-attenuation barrier to the extent the barrier screens or
 1634  blocks visibility of the sign until after the public hearing is
 1635  held and until such time as the survey has been conducted and a
 1636  majority of the impacted property owners have indicated approval
 1637  to erect the noise-attenuation barrier. When the impacted
 1638  property owners approve of the noise-attenuation barrier
 1639  construction, the department shall notify the local governments
 1640  or local jurisdictions. The local government or local
 1641  jurisdiction shall, notwithstanding the provisions of a
 1642  conflicting ordinance or land development regulation:
 1643         (a) Issue a permit by variance or otherwise for the
 1644  reconstruction of a sign under this section;
 1645         (b) Allow the relocation of a sign, or construction of
 1646  another sign, at an alternative location that is permittable
 1647  under the provisions of this chapter, if the sign owner agrees
 1648  to relocate the sign or construct another sign; or
 1649         (c) Refuse to issue the required permits for reconstruction
 1650  of a sign under this section and pay fair market value of the
 1651  sign and its associated interest in the real property to the
 1652  owner of the sign.
 1653         (4)(3) This section does shall not apply to the provisions
 1654  of any existing written agreement executed before July 1, 2006,
 1655  between any local government and the owner of an outdoor
 1656  advertising sign.
 1657         Section 21. Subsection (1) of section 479.261, Florida
 1658  Statutes, is amended to read:
 1659         479.261 Logo sign program.—
 1660         (1) The department shall establish a logo sign program for
 1661  the rights-of-way of the limited access interstate highway
 1662  system to provide information to motorists about available gas,
 1663  food, lodging, camping, attractions, and other services, as
 1664  approved by the Federal Highway Administration, at interchanges
 1665  through the use of business logos and may include additional
 1666  interchanges under the program.
 1667         (a) As used in this chapter, the term “attraction” means an
 1668  establishment, site, facility, or landmark that is open a
 1669  minimum of 5 days a week for 52 weeks a year; that has as its
 1670  principal focus family-oriented entertainment, cultural,
 1671  educational, recreational, scientific, or historical activities;
 1672  and that is publicly recognized as a bona fide tourist
 1673  attraction.
 1674         (b) The department shall incorporate the use of RV-friendly
 1675  markers on specific information logo signs for establishments
 1676  that cater to the needs of persons driving recreational
 1677  vehicles. Establishments that qualify for participation in the
 1678  specific information logo program and that also qualify as “RV
 1679  friendly” may request the RV-friendly marker on their specific
 1680  information logo sign. An RV-friendly marker must consist of a
 1681  design approved by the Federal Highway Administration. The
 1682  department shall adopt rules in accordance with chapter 120 to
 1683  administer this paragraph, including rules setting forth the
 1684  minimum requirements that establishments must meet in order to
 1685  qualify as RV-friendly. These requirements shall include large
 1686  parking spaces, entrances, and exits that can easily accommodate
 1687  recreational vehicles and facilities having appropriate overhead
 1688  clearances, if applicable.
 1689         Section 22. Section 479.313, Florida Statutes, is amended
 1690  to read:
 1691         479.313 Permit revocation and cancellation; cost of
 1692  removal.—All costs incurred by the department in connection with
 1693  the removal of a sign located within a controlled area adjacent
 1694  to the State Highway System, interstate highway system, or
 1695  federal-aid primary highway system following the revocation or
 1696  cancellation of the permit for such sign shall be assessed
 1697  against and collected from the permittee.
 1698         Section 23. Section 76 of chapter 2012-174, Laws of
 1699  Florida, is repealed.
 1700         Section 24. This act shall take effect July 1, 2013.